HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/5/2019
KENT CITY COUNCIL AGENDAS
Tuesday, March 5, 2019
Chambers
Councilmember Marli Larimer
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Mayor Dana Ralph
Councilmember Les Thomas Council President Bill Boyce
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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
i. Employee of the Month
ii. Reappointment to the Parks and Recreation Commission
iii. Recognition of the 2019 Community Arts Support Program Grant
Recipients
B. Community Events
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Chief Administrative Officer Report
6. PUBLIC HEARING
A. Resolution for the Surplus and Restrictive Covenant Removal for a
Portion of the Green River Natural Resource Area in Support of the
Lower Russell Road Levee Improvement Project - Adopt
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
City Council Meeting City Council Regular Meeting March 5, 2019
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Feb 19, 2019 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Feb 19, 2019
7:00 PM
B. Payment of Bills - Approve
C. Reappointment to the Kent Parks and Recreation Commission -
Confirm
D. Ordinance Amending Kent City Code Chapter 6.01, Establishing
Apprenticeship Utilization Requirements - Adopt
E. Ordinance Amending Kent City Code 13.01 - Submittal of Confidence
Testing Reports - Adopt
F. Ordinance Amending Chapter 9.02 of the Kent City Code – “Criminal
Code” - Adopt
G. Condemnation Ordinance for Railroad Quiet Zone Trespass Prevention
Fencing - Adopt
H. Consultant Services Agreement with JECB LLC, for Materials Testing
for the South 224th Street Improvements Project 88th Avenue South
to 94th Place - Authorize
I. Release of Water Main Easement for Clark Springs Transmission Main -
Authorize
J. Purchase of Clark Springs Parcel - Authorize
K. Little Property Parcel Purchase - Authorize
L. Purchase of McSorley Creek Wetland Complex Parcel - Authorize
M. Washington Utilities and Transportation Commission Grant for
Pedestrian Safety Fencing at Union Pacific Railroad - Authorize
N. Washington Utilities and Transportation Commission Grant for
Pedestrian Safety Fencing at Burlington Northern Santa Fe Railroad -
Authorize
O. Consultant Services Agreement with Tetra Tech, Inc, for Design and
Upgrade of Aeration System at Lake Fenwick - Authorize
P. Public Works Agreement with M.A.D. Construction, LLC - Authorize
City Council Meeting City Council Regular Meeting March 5, 2019
Q. Consultant Services Agreement with Broderick Architects for the
Riverbend Driving Range Renovation and Expansion Project -
Recommend
R. Interlocal Agreement for Creation of South King Housing and
Homelessness Partners - Authorize
S. Flood Protection, Habitat Restoration and Recreation Covenant with
King County Flood Control District at Van Doren's Landing - Authorize
T. Engineering and Cost Consultation for Proposed Sound Transit Light
Rail Facilities - Authorize
9. OTHER BUSINESS
10. BIDS
A. 2019 Plastic Markings Project Bid - Authorize
B. 2019 Paint Line Striping and RPM Replacements Project - Authorize
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. 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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OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 03/05/19
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, March 05, 2019
The Chief Administrative Officer’s report is intended to provide the Council, staff and
community with department highlights.
ADMINISTRATION
Communications
The Communications Manager went to Olympia with Council President Bill Boyce,
Councilmember Satwinder Kaur and CAO Derek Matheson on February 14 to meet
with legislators about the City’s 2019 legislative priorities. Last week, she attended a
debrief at Public Works Ops about the recent snowstorms to discuss what worked
well and what we could improve upon next time.
Community Engagement Coordinator Uriel Varela, in partnership with Centro Rendu,
is hosting a Youth Leadership Group for the next 9 weeks. The middle school
students will be spending two hours a week in the Mayor’s Office learning about local
government. We are currently looking for “field trip” opportunities for the students. If
your department is open to speaking with the youth group, feel free to reach out to
Uriel. Uriel is also working on a short list of potential speakers for a Race, Equity and
Inclusion speaker series. The idea is to create space to have these conversations and
provide each other with the personal perspectives, language and practices that are
necessary to normalize constructive conversations about race, equity and inclusion.
Neighborhood Program Coordinator Toni Azzola will provide direction to intern
Shivani Lal, a Tacoma UW GIS student, to help map historical aspects throughout
Kent in our ESRI program. She is working with our GIS team, Kent Landmarks
Commissioner Nancy Simpson and King County historic preservation staff. Shivani is
in the Mayor’s Office through May.
ECONOMIC AND COMMUNITY DEVELOPMENT
Planning/Code Enforcement
Planning and Development Engineering staff together have streamlined the critical
area review process (wetlands, streams and slopes); and as of March 1, planners are
the point of contact for critical areas. This change aligns well with existing
responsibilities, as planners already administer SEPA and shoreline regulations.
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Planners assisted Public Works and Parks staff with scoping the permit process and
schedule for several capital projects: Signature Pointe levee, GRNRA pump station,
beaver solutions at Johnson Creek and Clark Lake, Lower Russell levee utility
relocations and adjustment of the KOA campground boundary.
Planners presented at Conditional Use hearings for the Meridian Self Storage and the
Serj Car Wash projects. Meridian Self Storage is located at 272nd & 156th and
includes two well-designed 2-story retail buildings in front of the storage. Serj Car
Wash is located at 116th & Kent Kangley (in front of Sonic Drive-In) and features an
attractive masonry façade. Planning staff proposed conditions which limit impacts to
neighbors, such as restricted business hours, shielded lighting and landscaping to
buffer noise and improve aesthetics.
Design Review is under way for a new 285-unit housing project called Alexan
Gateway at the NE corner of Military Road and Veterans Drive. Planning staff are
working hard to ensure the best possible design.
Rental Housing Inspection Program
Staff will soon record a Kent NOW video with the Mayor to educate the public about
the program and what they can expect in the coming months.
Staff are meeting with Living Well Kent to discuss the best way to engage with our
immigrant populations who make up a large percentage of Kent’s renters. Living Well
Kent helped organize three community forums at the start of the program. These
forums provided information on real life housing quality issues that was critical to the
design of our program. We want to be sure we follow up with those who helped form
our program to show the result of their efforts.
Staff are working with a company called BRYCER to obtain a database system that
will allow online submittal of inspection results. The software is free, but a $15 per
building charge will apply when inspectors submit.
Economic Development/Long Range Planning
LRP Staff with support from the City’s Sound Transit Liaison drafted a letter to the
Sound Transit Board regarding the Operations and Maintenance Facility site
selection; legal is editing the document and we anticipate the final version shortly.
This high-level letter will be followed by a more detailed technical comment letter
that will be submitted to ST staff as part of the official scoping comment period.
Development staff, with support from PW Environmental Engineering and Parks
Planning, completed initial review and revisions to the City’s Shoreline Master
Program. The City’s proposed revisions were released for public comment on
February 22, the public comment period is open through March 25.
Development staff, along with their counterparts in Tukwila, Renton, and Auburn met
with the newly hired public relations and media firm Barokas Communications to
discuss joint messages around the industrial Kent Valley.
Development staff has been working with the Chambers of Kent, Renton, Auburn,
the Seattle Chamber and Seattle Southside to encourage people from relevant
industries to attend a discussion with PACCAR on the emerging technologies of
electric and/or autonomous truck fleets.
Development staff met with a luxury home builder that was interested in learning
about opportunities for investment in attached or condo-built homes in the Kent
area.
Building Services/Permit Center
Permit Technicians received and processed a total of 357 applications.
A total of 248 permits with a total project valuation of $24,566,784.89 were issued
at time of writing.
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Permits issued include 20 new single-family homes, 1 new commercial building (DC-
192 Warehouse), and 1 new townhome project (Bldg. F @ The Ridge).
Development Engineering
To date in 2019 DE has assessed $502,000 in Transportation Impact Fees, $424,000
in Stormwater System Development Charges and $223,000 in Water System
Development Charges
Staff is reviewing 53 open civil construction permits which consist of 5 plats, 20 short
plats and 28 non-residential projects (office, retail, distribution, manufacturing, etc.).
Many of these are of great significance to the city including two Blue Origin projects,
Sysco building and parking lot additions, the Islamic Centers of Kent and Federal
Way, Kenyan Community Church, Meridian Self Storage and Retail, 84th Ave Retail
and others.
Staff is providing on-going support to issued construction permits such as the YMCA,
Marquee on Meeker, and the 64th and W Meeker apartments.
EMERGENCY MANAGEMENT
Disaster Preparedness Presentation – Presented to East Hill Neighborhood Council at
Kentridge High School. Topics included Emergency Preparedness by building a plan,
making a disaster supplies kit and being involved in your neighborhood/community.
Kent ECC was activated to a level 3 for a few days to coordinate and communicate
road closures, towing of vehicles and weather updates for PD, PW and Fire as well as
City/Fire staff during the February Snow Storm.
The department sponsored seven building inspectors from ECD to attend an ATC
20/45 training that is being held in Auburn in March. ATC 20/45 is an 8-hour class
focused on post-earthquake safety evaluation of buildings to make on-the-spot
evaluations and decisions regarding continued use and occupancy of damaged
buildings and safety evaluation of buildings after windstorms and floods. This is a
valued class that is not offered often due to limited instructors in the area.
The Puget Sound Emergency Radio Network from King County will be shifting
countywide emergency communications from analog to a digital system by 2021. At
this time, they are requesting all cities to provide a detailed inventory of 800 MHz
radios to be replaced. Emergency Management is collecting information from all the
Citywide radios for this inventory process. This project should not be much of an
impact on each department at this time.
Training for EM Staff
Division Chief Jeff DiDonato has successfully completed the L101 course –
Foundations of Emergency Management. This is an 80-hour/2-week training focused
on mitigation, response, prevention, recover and protection as well as administration
and the history and future of emergency management. Congratulations to Jeff for his
commitment to emergency management.
Program Coordinator Jenny Keizer has been accepted into the FEMA Advanced
Academy. This training is split into (4) 1-week trainings over a few months and will
start for her in March and end in August of this year. This is a huge commitment and
dedication to her field in emergency management.
FINANCE
We recently received notification from the Governmental Finance Officers Association
that they have awarded the City of Kent the Certificate of Achievement for Excellence
in Financial Reporting for the 2017 comprehensive annual financial report (aka
CAFR). Lavina and her team (Dan Leahy, Angie Fealy and Cheryl Lopez) were
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instrumental in earning this award, with assistance from staff in all departments
during the 2017 year-end closing process. Well done!
HUMAN RESOURCES
Recruitment/Staff Changes
Ian Warmington has accepted the position of Police Department Training Officer.
Benefits
Working with the actuary on the GASB 75 report
New Employee Orientation is scheduled for March 1
Continuing work on multiple FMLA and ADA cases
Beginning implementation of the new Wellness vendor/program
Beginning preparations for the Mayor’s Breakfast and Afternoon with the Mayor
Beginning preparations for the annual Health Fair scheduled for April
Labor, Class & Compensation
Working on an agreement regarding transfer language in the AFSCME CBA
Conversion research continues
Determining additional cities to add for comp studies
Conducting two desk audits in the finance department
Continuing ongoing investigations and employee relations matters
INFORMATION TECHNOLOGY
Kent Valley Signal System Upgrade - Upgrade the north Kent Valley with traffic signal
system by replacing 5 traffic signal cabinets, 29 controllers and some fiber interconnect. IT
involvement in this project will primarily be to provide input and recommendation on
network architecture and configuration. Public Works Transportation will be responsible for
the remainder of the work involved with replacing the traffic signal system.
Multimedia Request System Upgrade - Replace the existing Avanti system with a new
system that will be more stable, better supported and easier to maintain. We will also be
looking to add additional features like: direct to print/quick print, electronic job ticket
board, enhanced billing and invoicing capabilities, and improved web catalogue/online
ordering.
Department operational support for February 12 - February 26
Number of tickets opened – 356; number of tickets closed - 343
LAW
Prepared resolution for Council’s consideration at a March 5th public hearing that will
authorize a land exchange with the KOA Campground of a portion of the Green River
Natural Resources Area in support of the Lower Russell Road Levee Improvement
Project.
Assisted Mayor’s Office with response to hit and run incident.
Reviewed a purchase and sale agreement on behalf of ECD for the purchase of a
parcel owned by PSE.
Assisted the Police Department with the negotiation of a jail services contract with
Federal Way.
Assisted the Police Department with the revision of the special commissions provided
to RFA arson investigators.
Assisted in negotiating the terms for the first franchise authorizing the installation of
small cells on utility poles within the City. Council adopted this franchise with New
Cingular Wireless (AT&T) in February.
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Prosecutors assisted with Kent Police to obtain the City’s 2nd Extreme Risk Protection
Order.
Continued to assist the Clerk’s office with public records requests, HR with a number
of complicated and sensitive employment issues, and Public Works, ECD, and Parks
with a number of high priority development projects, including various Sound Transit
matters.
Continued to assist Public Works and Parks with their cooperative project with the
King County Flood Control Zone District on issues concerning the Lower Russell Road
levee project and a variety of real property, contracting, and restrictive covenant
issues.
Prosecutors reviewed search warrants for ongoing criminal investigations.
Sent out notices of the City’s intent to revoke business licenses for failure to pay
permit fees which resulted in the business owners paying their account balances in
full and maintaining their 2019 business licenses.
PARKS, RECREATION, AND COMMUNITY SERVICES
Recreation
Staff from the Youth and Teen division participated in the Polar Palooza Family
Night, an outreach program at Star Lake Elementary on Kent’s West Hill. 200+
parents and kids participated in science, art, reading, health/fitness and math
activities. It was a great opportunity for staff to provided activities and share
information about upcoming events and programs.
President’s week camp for children in K-6th grade was held during Kent School
District’s mid-winter break, February 19-22. Campers enjoyed new STEAM activities
(science, tech, engineering, arts, math) including clothes pin catapults and Perler
bead art projects. Camp focuses on promoting self-esteem, health and wellness for
each child. These goals were accomplished through corporative play focused on
inclusion and success along with high energy games to create a healthy lifestyle.
Snowy weather and school district closures did not stop fifty people from braving the
elements to attend the Spotlight Performance of Letters Aloud’s “Love Me or Leave
Me”. This Valentine’s Day themed performance was held on February 15 at Kent-
Meridian Performing Arts Center
Human Services
The Severe Weather Shelter at Kent Lutheran was open for a record of 11
consecutive days and saw an average of 75 people each night. With the
overwhelming number of people at the shelter, a request for police check-ins was
made by the volunteers. Kent PD provided an officer to come and check in with
volunteers and staff a few times each night. The visibility and contacts were greatly
appreciated by all. A hot meal was provided each evening. The volunteer crew also
served a hot breakfast each morning, and provided sack lunches to go. 600 lunches
were made and distributed over the course of the shelter activation. Community
support was overwhelming. Church staff reported individuals dropping off supplies,
food, and donating their time, as well as groups, including the Degh Tegh
Community Kitchen, a Sikh Humanitarian Effort, Latter-day Saints Church
Community, Union Gospel Mission, and Dick's Drive-In. LDS church members
stepped up and laundered pillow cases and blankets every day. This would have
been a challenge for the host church to do on their own. The shelter will remain
active through the month of March. Staff and volunteers will debrief the function of
the severe weather shelter and plan for how to adjust as needed going forward.
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POLICE
Significant crime activities/arrests/investigations
On February 18, Kent officer and members of Valley SWAT were called to assist with
a suicidal male who was in a garage with a .308 caliber rifle in his mouth. Hostage
negotiators arrived shortly after and talked with the subject who was upset at a
recent break-up with his girlfriend. Negotiators were able to talk the subject out of
the garage where he was taken into custody. He was sent to the hospital for further
evaluation. The rifle was taken and put into evidence.
On February 18, officers observed an armed and dangerous-Felony DV enter his
apartment. Patrol units locked-down the complex while a search warrant was
obtained for the residence. Valley SWAT was notified and deployed. When arrest
announcements were made, the suspect ushered his wife out of the apartment but
refused to surrender. Following a series of attempts to compel the subject to
surrender, he ultimately fired shots at police from multiple locations in the apartment
prior to taking his own life. No officers were injured. The apartment was cleared and
detectives took over and processed the scene.
On February 19, officers were dispatched to a robbery with a gun at the Sound
Credit Union on Kent Kangley Rd. A male suspect dressed in a blonde wig, black knit
gloves, blue tint sunglasses and pink coat in an effort to conceal his identity
displayed a sliver handgun to the teller. The suspect requested $100's and $50's and
then fled on foot with $6,400. A canine track was conducted with negative results.
On February 21, a John met an escort online and agreed to meet in Kent. When they
met he was carjacked and robbed at gun point. Suspects were taken into custody.
On February 23, a car that drove up and shot two victims in the American Legion
Hall parking lot on East Hill. They drove to former Top Foods parking lot and called
911. One was hit in the arm and one was hit in the legs. No suspect info other than it
was at them. Casings were found in the parking lot of the Hall.
On February 24, a male victim was with a female friend driving out of the Royal Firs
apartment complex when a male approached and asked for a ride. The victim said
‘no’, at which time the suspect pointed a gun at him. Suspect got in the back seat
and directed victim to drive out to a King County area address where the suspect
assaulted the male victim hitting him in the back and head several times, then fled in
the victim vehicle leaving the victim and his friend behind. The victim did not realize
he had been stabbed/slashed in the back until Kent PD was interviewing him.
Major emphasis patrol
On February 17, a 2-officer unit was deployed to address ILP issues. This unit
covered 64/Meeker, N. Central hotels, and roved the north end for commercial
burglary concerns. The vehicle also focused looking for F350s as they have been
stolen in high volume. Stops yielded a warrant arrest.
On February 24, patrol conducted a John Sting resulting in 8 arrests and 5 vehicles
being impounded.
School issues
On February 20, officers were dispatched to a robbery involving a gun at Kentridge
High School. A license plate was given for a white Mazda, which was located; a short
time after the call was dispatched at the suspect's residence.
The 17-year-old male suspect was arrested in the car and he possessed a black
revolver. A second 17-year-old male suspect was later identified and arrested. Both
suspects eventually admitted they were there to take marijuana from the seller
without paying for it. Several other suspects were involved and are still outstanding.
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The victims advised they originally drove to Kent to sell the suspects a stereo. Case
was referred to Detectives.
Events and awards
Letters of Commendation
o On November 03, 2018, Sergeant Tim Ford and his crew responded to a
suicidal subject with a gun call. The suicidal subject was a veteran struggling
with marriage separation and gambling problems. He stated he was going to
“shoot himself in the chest”. During the call, Sergeant Ford communicated
directly with the subject for an extended time and was able to convince him to
seek professional help. The subject ultimately complied and was hospitalized.
On 01/29/19, the subject came to the police station to thank Sergeant Ford
and his crew for treating him with compassion and sincerity. The subject said
it was Sergeant Ford’s voice specifically that gave him the courage to keep
living, seek help, and reconcile with his wife. He explained that he now carries
Sergeant Ford’s voice in his heart and mind.
o In December of 2018, Officer Tessa Melville responded to a warrant subject
call at Extended Stay. The warrant subject was a young woman who claimed
to be victim of sex trafficking. Officer Melville conducted an extensive
interview of the woman while demonstrating compassion, professionalism, and
skill. Officer Melville discovered many inconsistencies in the woman’s story,
but recognized she was still likely the victim of sex trafficking. Ofc. Melville
conducted a consent search on the woman’s phone and discovered her pimp
worked for a police department at a college campus in Houston, Texas.
Because the young woman was not providing reliable information about her
trafficker, Officer Melville, with the support of Detective Doherty, contacted
the pimp in an undercover capacity. Officer Melville kept the suspect engaged
in text and conversation over the course of several weeks while the case was
being built both locally and via Houston PD’s Vice Unit. Once prosecutor
support was garnered, Officer Melville remotely introduced a female Houston
Police UC, generating a new case in their jurisdiction. On 01/31/19, Houston
PD met the suspect in-person and arrested him for numerous Human
Trafficking charges. Officer Melville then compiled our Kent PD investigation
and filed the case herself with the King County Prosecutor’s Office.
20-Year plaques:
o Sergeant Tom Clark
o Detective Brendan Wales
o Bonnie Coleman
o Sergeant Scott Rankin
Other
Officer Stewart took a KIRO News representative on a ride-along. Both he and
Brooke highlighted the happenings of Kent on social media. Officer Stewart has done
a fantastic job with his role on the Social Media Team, not only posting, but getting
his peers to assist in providing material to engage the community through this
crucial tool.
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PUBLIC WORKS
Design
228th UP Grade Separation - Phase 5 completes approach fills and walls, bridge,
stormwater, electrical and paving. TIB approval to advertise received last week.
Advertisement date is March 5.
2019 Asphalt Overlays and 2019 ADA Curb Ramp Upgrades - Project advertised
February 26.
GRNRA South Pump Station – Hogan Park to James St Force Main - Project to be
advertised March 12.
Under Deck Lighting at James- Package sent to WSDOT for final approval February
11.
4th/Willis Roundabout - Landscaping consultant selected. Determining extent of utility
relocation. Pursuing design agreement with PSE.
Land Survey and GIS
The Land Survey group provided design topography mapping for the Skyline Sewer
Pump Station and the 2019 Water Utility Improvements. Land Survey field staff have
provided construction staking on the 228th Grade Separation 224th St. Corridor
Improvements. Land Survey office staff continue to review plans and specifications
for CIP projects as well as performing boundary calculations, writing legal
descriptions and preparing exhibits for easements and right of way for the Naden
Ave. Access and Russell Road Levee. GIS/Survey Technician continues field mapping
and updating water and cross connection assets for the GIS.
The GIS group (Geographic Information System) is transferring city data to layer
files for easy accessibility on web applications. GIS Supervisor participated in
Business Intelligence Team (BIT) meeting with IT. GIS analysts continued to input
as-built infrastructure data into the GIS system, perform public records requests,
support Collector App for Sign Inventory staff and completed an analysis of
impervious surface anomalies in coordination with Utility Billing audits. GIS Analyst II
has been working with Environmental Department to help finish FEMA mapping
project. GIS Coordinator preparing data models for upcoming CityWorks
implementation. GIS Interns continue entering infrastructure as-builts and
referencing anomalies in Surface Water Management accounts for Utility Billing.
Transportation
Staff are developing the draft list of projects for the 2020-2025 Transportation
Improvement Program (TIP).
Staff are compiling comments on the Draft Transportation Priorities from the
Transportation Priorities Technical Workshop participants. The draft Transportation
priorities will be discussed at the March 5 Council Workshop.
Staff are completing screening forms for the Sound Transit System Access Fund
South King County grant opportunity. This grant opportunity provides funding to
access improvements to Sound Transit facilities Kent will be hosting a workshop for
the South King County area on March 4.
Traffic engineering staff met with the Mill Creek Neighborhood on February 14 to
discuss cut through traffic on Hazel Ave N. The neighborhood expressed an interest
in moving forward with forming a committee to suggest traffic calming
improvements for the roadway. They also request an additional traffic study on Jason
Ave N.
Staff continue to work on the quiet zone fencing contract. Negotiations with
property owners continue for easements to install the fence. A condemnation
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ordinance was presented to the Public Works Committee in the event that the
negotiations are not successful.
Environmental
Laura Haren is compiling the National Pollutant Discharge Elimination System
(NPDES) Permit annual report for 2018. This is an exhaustive reporting of all our
NPDES compliance points from 2018. The annual report is due by March 31, 2019.
Dvorak Barn Relocation – The barn was moved successfully by Nickel Bros. Inc. on
Thursday, February 14 into the GRNRA site. Next phase of work is to set the barn on
a concrete slab foundation under a separate construction contract. This is in
preparation for the reconstruction of the Lower Russell Road Levee, scheduled to
begin construction by the King County Flood Control District later this year.
Water Resource Inventory Area (WRIA) 9 Watershed Ecosystem Forum Meeting –
Scheduled for February 28 at Tukwila Community Center. Agenda includes
discussions on the Lower Green River Flood Hazard Plan and scoping the Draft
Programmatic Environmental Impact Statement as well as updates to the 10-year
salmon habitat plan.
The winter flood season is ending, and the Corps of Engineers will begin storing up
water at the Howard Hanson Dam reservoir for municipal use by the City under its
partnership with Tacoma. The stored water will also be used to augment the Green
River to maintain minimum flows for salmon through summer and fall. The goal for
the reservoir is to attain its summer peak by June 1.
Construction
LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o 84th to SR 167 – Precast fascia panel placement waiting on the last truck and
hope to finish this week. Storm pipe installation on the west ramp will be
completed this week.
o SR 167 Bridge – Barrier rebar placement is complete. Barrier electrical conduit
placement is ongoing. SR-167 lane closures are scheduled for the week of March
11 - March 15 for removal of falsework.
o SR 167 to 88th – Precast Facial wall panel placement is complete. Grade beam
concrete placement is complete. Grading for moment slabs is complete. Moment
slab rebar began February 25 and will continue for one week. Roadway
excavation under Span 3 to begin March 4.
LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S
222nd St to 94th Pl S (Ph 2) - Construction is underway this week with the installation
of temporary erosion and sediment control tree removal clearing and grubbing
Cambridge Reservoir Recoating and Fall Protection Improvements - After weather
delay work began February 25. Exterior steel structural work to precede painting.
228th St. Union Pacific Railroad Underground Utilities (Phase 3 of 5) - All Manholes
are now installed. The final lengths of 60” storm pipe and 2 bends are due for
delivery this week and installation will follow.
East Valley Highway Pavement Preservation - Contract work resumed February 19
with concrete demo and curb ramp replacement on the East side of East Valley
Highway (EVH). This work has an anticipated duration of two weeks, then the effort
will shift to the West side of EVH.
Kent Springs and Pump Station No. 4 Electrical Upgrades - Pump Station 4 –
Beginning electrical conversions on Kent Springs lower. Existing conduits slated to be
used for new conductors, outside of the building, are actually direct buried cables
requiring new conduits.
2018 Guardrail Repairs - Work has been delayed due to inclement
weather. Scheduled to resume work on March 4.
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640 Pressure Zone Booster Station - Staging, site prep, and temporary erosion and
sediment control (TESC) began February 19.
Valley Signal System Upgrade - Field work activities are scheduled to begin in June.
Morrill Meadows Park / East Hill Park Renovation and YMCA) – Utility Work will be
impacting the travel lanes for the next two weeks. Traffic control will be in place.
Kent Meridian High School Transportation Center – Curb ramp replacements are
underway this week at the intersection of SE 256th St and 101st Ave SE.
Streets
o Crews are focusing on snow and ice event cleanup city wide; shoulder and sidewalk
sweeping and filling pot holes. If time allows the maintenance crew will also be
performing asphalt repairs on Military road and 3rd Ave S.
o Concrete crews will be installing a new sidewalk on SE 260th St between 108th Ave SE
and 104th Ave SE
o Street Signs and Markings team have a busy week fabricating signs, installing signs
and bases at several locations throughout the City and installing school flags in
school photo zones.
o Vegetation crews will be working on snow and ice event cleanup City wide, cleaning
out at Clark Springs and repairing fences at a drainage vegetation and water sites.
Small tree and blackberry bush removal efforts will continue in several wetland
locations.
Water
Pump Station No. 4 electrical upgrade project is completed. The station is now fully
backed up by generator power in a power outage event and fully functional.
Cambridge Tank coating and structural improvement project is underway. The water
tank will remain off-line for up to 90-days while the contractor performs the work.
The 640 Pressure Zone Booster Station project is also underway. The contractor
mobilized and broke ground on February 11. When complete this pump station will
be used to supply water to the new 640 Pressure Zone on the East Hill of our water
system
Utilities
Storm crews will be conducting National Pollutant Discharge Elimination System
(NPDES) assessments and pumping at various locations city wide. Crews will also be
repairing a storm line on 36th Ave S and digging ditches on E Maple St, SE 210th St
and Military Rd S
Sewer crews will be vactor cleaning and performing TV truck inspections at several
locations on East Hill along 116th Ave SE, inspecting manhole structures at S 244th
St, changing out manhole covers at S 252nd St, Van De Vanter Ave, E Dean St and at
248th St.
Fleet/Warehouse
o Warehouse staff are repairing small equipment as needed, assisting with CDL
training, issuing hydrant meters and public notice boards.
o The radio shop is concentrating on setting up radios for new vehicles and
programming radios
o Fleet staff are primarily focused on air brake inspections and yearly emission, as well
as finishing work on the new truck for the sewer division.
# # #
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Resolution for the Surplus and Restrictive Covenant
Removal for a Portion of the Green River Natural Resource
Area in Support of the Lower Russell Road Levee
Improvement Project - Adopt
MOTION: Adopt Resolution No. _______ that declares that portion of the
Green River Natural Resources Area described therein and owned by the
drainage utility as surplus; authorizes the transfer of that surplus to the
owners of the KOA Campground upon the City’s receipt of fair market value
for the same as provided for within the Land Exchange Agreement;
authorizes the removal of restrictive covenants that may be necessary to
allow that surplus property transfer and exchange to occur; ratifies the
Land Exchange Agreement with the owners of the KOA Campground; and
authorizes the Mayor to take all other actions, and sign all documents,
deeds, easements, and agreements as provided for within the resolution
that may be necessary to fully implement the terms of the resolu tion and
the Land Exchange Agreement.
SUMMARY: Before utility property can be declared surplus and sold or otherwise
transferred to a third-party, and before restrictive covenants can be removed from
public property, state law requires a public hearing. These public hearings have
been combined and set before Council tonight. Once the public hearing is opened,
Public Works staff will present a description of the project and describe the land
exchange contemplated, including how both the storm drainage utility and the
Green River Natural Resources Area will be made whole through the land exchange
and the City’s prior purchase of the Suh Property, which purchase was made in
anticipation of the KOA land exchange. All costs incurred by the City for the KOA
land exchange and the Suh Property purchase will be reimbursed by the King
County Flood District under its interlocal agreement with the City.
After the Public Works Committee recommended Council set tonight as the public
hearing date, City staff learned that the owners of the KOA would need additional
land in order to reconstruct their lost campsites—64,737 square feet of land instead
of the 55,956 square feet originally anticipated. The notice authorized by Council on
February 19, 2019, when it set tonight’s hearing, did reflect the larger land area
and indicated the surplus of drainage utility land may be up to a maximum of
66,000 square feet. The owners of the KOA Campground have since confirmed that
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they can construct their replacement campsites within the revised footprint of
64,737 square feet.
The resolution proposed for Council adoption is intended to be all encompassing
and would authorize the surplus of land identified therein, ratify the Land Exchange
Agreement previously entered into by the City and the owners of the KOA, and
authorize the Mayor to take all actions and sign all documents necessary to
effectuate the land exchange with KOA and negotiate with King County to remove
use restrictions currently attached to the surplus land to authorize the KOA to
construct, maintain, and operate its replacement campsites.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
ATTACHMENTS:
1. Surplus Property Resolution - GRNRA Lower Russell Road Levee (PDF)
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1 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
city of Kent, Washington, that: (1) declares
approximately 64,737 square feet of land included
within the City’s Green River Natural Resources
Area surplus to the City’s drainage utility; (2)
authorizes the transfer of that surplus land from
the drainage utility to Recreational Adventures Co.
for incorporation into its Seattle/Tacoma KOA
Campground; (3) conditions that surplus transfer
upon the City’s receipt of fair market value from
Recreational Adventures Co. in the form of land and
permanent easement rights of comparable value
and necessary for the Lower Russell Road Levee
Improvement Project in accordance with the terms
of the August 20, 2018, Land Exchange
Agreement; (4) authorizes the Mayor to take all
actions necessary to remove open space use
restrictions from the surplus land to allow for its
transfer and use by Recreational Adventures Co. as
part of its campground, subject to the approval of
King County; and (5) authorizes the Mayor to take
all other actions, and sign all documents, deeds,
easements, and agreements as may be necessary
to fully implement the terms of this resolution and
the Land Exchange Agreement between the City
and Recreational Adventures Co.
RECITALS
A. The City and the King County Flood Control District (“Flood
District”) have been cooperatively working together to improve the levee
system along the Green River that runs through Kent. The Lower Russell
Road Levee Project (“Project”) is located on the right bank of the Green River
between S. 212th Street and Veteran’s Way. On May 17, 2018, the City and
the Flood District entered into an interlocal agreement authorizing the City to
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2 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
take those actions deemed necessary to acquire a portion of the
Seattle/Tacoma KOA Campground (“KOA”) that is required to support the
Project’s improvements. The KOA is owned by Recreational Adventures Co.
B. In support of the Project, the City needs to acquire from the
KOA approximately 33,866 square feet of land in fee title, and a permanent
inspection, maintenance, and utility easement over approximately an
additional 5,184 square feet of KOA land (collectively, “KOA Land”). The
Project’s need for the KOA Land will result in the KOA losing 30 campsites.
The most economical way for the City to acquire the KOA Land is through a
Land Exchange Agreement whereby the City will acquire the KOA Land in
exchange for the City conveying to Recreational Adventures Co.
approximately 64,737 square feet of the Green River Natural Resources Area
(“GRNRA Land”), such square footage being large enough in size to allow the
KOA to reconstruct those campsites lost in support of the Project, and to
build those campsites to the current standard recommended by the National
Fire Protection Association for Recreational Vehicle Parks and Campgrounds 1,
the cost of such construction to be reimbursed to the City by the Flood
District under the terms of their interlocal agreement.
C. The KOA requires more square footage to reconstruct its lost
campsites due to current construction standards, which require more space
per site than those standards that were in place when the KOA was originally
constructed more than 40 years ago. While the City is conveying more
square footage of land to Recreational Adventures Co. than it is acquiring in
return, appraisals obtained by the City provide the land value of the two
properties to be closely comparable, and the City receives additional
consideration from Recreational Adventures Co. through the time, expense,
and damages the City avoids having to pay or otherwise incur through formal
condemnation proceedings.
1 NFPA Standard 1194.
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3 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
D. Appraisers retained by the City determined that the value of the
KOA Land the City required for the Project was $840,900, of which $825,300
was valued for the land the City will receive in fee title, and $15,600 was
valued for the land over which the City will receive a permanent easement.
This valuation does not include the additional sum the City would otherwise
be required to pay for damages suffered by the remainder of Recreational
Adventure Co.’s property due to its loss of the KOA Land. This additional
damage award is an amount the City would be required to pay if it were to
proceed with condemnation and not supply replacement property through
this land exchange transaction. Recreational Adventures Co. has agreed to
abandon the value and damages that it would otherwise be entitled to
receive through condemnation in exchange for the City proceeding with this
land exchange transaction.
E. Appraisers determined the value of the GRNRA Land to be
$1,035,000 if the land, in its current form, was buildable and accessible,
which it currently is not due to its landlocked status and open space use
restrictions. The appraisers therefore discounted the GRNRA Land based
upon the cost a developer would need to incur to extend road access, water
service, and sanitary sewer service to the GRNRA Land. Once discounted for
development costs, the appraisers determined the value of the GRNRA Land,
with its existing open space use restrictions intact, would be $10,000. If the
existing open space use restrictions are removed, the value increases to
$52,000, but its value is still discounted due to the development costs
required to bring in access, water, and sewer to the landlocked site. Given
that the GRNRA Land is contiguous to the KOA, the cost to develop the
GRNRA Land is not as costly for Recreation Adventure Co. as it would be for a
third-party. Recreational Adventures Co. estimates it may cost between
$800,000 and $1,100,000 to construct replacement campsites on the GRNRA
Land, which the City would reimburse to Recreational Adventures Co.
through the Land Exchange Agreement. The Flood District would thereafter
reimburse the City under the terms of their interlocal agreement.
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4 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
F. The GRNRA Land is currently encumbered by a restrictive
covenant and open space use restrictions due to it being acquired with grant
funds through King County’s 1993 Regional Conservation futures Acquisition
Program and King County’s Department of Metropolitan Services Regional
Shoreline Fund. These restrictions provide that the entire GRNRA property,
including the GRNRA Land, be preserved for shoreline public use and
recreation purposes, habitat conservation, and uses consistent therewith,
unless King County as the granting agency consents to a change in use. The
grants provide that King County’s consent will be granted only upon
conditions that will ensure that other lands and facilities of at least equal fair
market value at the time of the change of use, and of as nearly as feasible
equivalent usefulness and location for the shoreline public use and recreation
purposes for which grant assistance was originally granted, are substituted.
The City and King County are actively negotiating the conditions under which
King County will authorize the lifting of the restrictive covenants imposed by
these two grant agreements, and the transferring of the GRNRA Land to
Recreational Adventures Co. for its incorporation into the KOA and use as
camping facilities. The City believes that King County will accept the KOA
Land; or the Suh Property, which is 68,560 square feet in size, contiguous to
the existing GRNRA, and purchased by the City in March of 2018; or both the
KOA Land and the Suh Property; as acceptable substituted land for the
GRNRA Land lost.
G. The City and its drainage utility will be made whole through this
land exchange transaction. While the drainage utility will surplus and transfer
64,737 square feet of GRNRA Land to Recreational Adventures Co., the
drainage utility has received the Suh Property, which is 68,560 square feet in
size, was purchased by the City in anticipation of this land exchange
transaction for the KOA Land, and will be added to the GRNRA. In addition,
the acquisition costs paid by the City to acquire the Suh Property will be
reimbursed to the City by the Flood District. The drainage utility will also
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5 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
receive the KOA Land, the fee title of which will be held by the drainage
utility and will add 33,866 square feet of land to the City’s ownership. In
total, this land exchange transaction will result in a net increase in land
owned by the City and its drainage utility by 37,689 square feet.
H. Pursuant to RCW 35A.11.010, the City is authorized to dispose
of real property for the common benefit. When property was originally
acquired for public utility purposes, RCW 35.94.040 requires that the City
determine, after a public hearing and by resolution of the City Council, that
the public utility property is surplus to the City’s needs and should be leased,
sold, or conveyed. This statutory process for the surplus of utility property
exempts this land exchange transaction from the local surplus process
otherwise provided for by Chapter 3.12 of the Kent City Code. Additionally,
because the GRNRA Land is encumbered by restrictive covenants that limit
its use, RCW 35A.21.410 also requires a public hearing before those
covenants may be removed, vacated, or extinguished. The City combined
these public hearings to occur together and set March 5, 2019, as the public
hearing date. Notice was posted and a press release issued inviting all
interested members of the public to the public hearing to learn more about
the land exchange transaction and to speak in support or opposition of the
property surplus and the removal of restrictive covenants.
I. On February 4, 2019, the City’s State Environmental Policy Act
(SEPA) Responsible Official issued a Determination of Non-Significance
without conditions for the surplus property proposal, which was initially
estimated to involve 55,956 square feet of public land from the GRNRA.
When it was learned that a total of 64,737 square feet of public land from the
GRNRA would be needed by Recreational Adventures Co. for construction of
the replacement campsites, the SEPA Responsible Official issued an
addendum on February 27, 2019, which did not change or otherwise alter the
Determination of Non-Significance.
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6 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
J. Having complied with the statutory procedures and provisions to
surplus City utility property and remove restrictive covenants from public
land, the Kent City Council has determined that it is appropriate and timely
to surplus 64,737 square feet of GRNRA Land, and to authorize the Mayor to
take all steps and sign all deeds, easements, and other documents necessary
to transfer the GRNRA Land to Recreational Adventures Co. in exchange for
the City’s receipt of the KOA Land, and to remove all restrictive covenants to
allow the land exchange transaction and Recreational Adventure Co.’s
construction, maintenance, and operation of the GRNRA Land as a
campground, all subject to the terms and conditions of the August 20, 2018,
Land Exchange Agreement with Recreational Adventures Co., the May 17,
2018, Interlocal Agreement with the Flood District, and this resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of the
Kent City Council on this matter.
SECTION 2. – Public’s Best Interest. It is in the public’s best interest
that the City proceed with the land exchange transaction provided for by this
resolution in support of the Lower Russell Road Levee Improvement Project,
in lieu of formal condemnation proceedings, and in accordance with the terms
provided for by this resolution.
SECTION 3. – Property Deemed Surplus. After the giving of timely
notice as required by RCW 35.94.040, a public hearing was held on March 5,
2019, at a regular meeting of the Kent City Council, to evaluate whether a
portion of the Green River Natural Resources Area property (“GRNRA”),
owned by the City’s drainage utility, should be declared surplus and
transferred in exchange for the City’s receipt of other property from
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7 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
Recreational Adventures Co.. Having given due consideration, Council
declares as surplus that portion of the Green River Natural Resources Area
legally described and depicted in the attached and incorporated Exhibit A
(“GRNRA Land”) and authorizes the Mayor to take all steps necessary to
convert and transfer the GRNRA Land to Recreational Adventures Co., in
exchange for Recreational Adventures Co. transferring to the City of Kent and
its drainage utility fee title and permanent easement rights to those portions
of its Seattle/Tacoma KOA Campground as legally described and depicted in
the attached and incorporated Exhibits B and C (collectively “KOA Land”), in
accordance with the terms and conditions of the August 20, 2018, Land
Exchange Agreement and this resolution.
SECTION 4. – Consideration to be Paid. The Council finds and declares
that the KOA Land the City and its drainage utility will receive from
Recreational Adventures Co. in exchange for the GRNRA Land, under the
terms of the Land Exchange Agreement and in lieu of the City condemning
the KOA Land and paying Recreational Adventures Co. additional
condemnation damages it would otherwise be due, provides sufficient
consideration and cost savings to the City well above the fair market value of
the GRNRA Land deemed surplus by this resolution.
SECTION 5. – Removal of Restrictive Covenants Authorized. After the
giving of timely notice as required by RCW 35A.21.410, a public hearing was
held on March 5, 2019, at a regular meeting of the Kent City Council, to
receive testimony on the subject of removing restrictive covenants from the
GRNRA Land legally described and depicted in Exhibit A that preserve the
land for shoreline public use and recreation purposes, habitat conservation,
and uses consistent therewith. After due consideration, Council hereby
authorizes the Mayor to take all steps and sign all documents necessary to
obtain King County’s consent to a change in use, and the release of any
associated restrictive covenant, to allow the GRNRA Land described in Exhibit
A to be transferred to Recreational Adventures Co. in exchange for the KOA
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8 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
Land described in Exhibits B and C. The Mayor is expressly authorized to sign
any document that places a substitute restrictive covenant on the KOA Land,
once fee title is held by the City and its drainage utility; the Suh Property; or
such other substitute property as King County and the City of Kent may
mutually agree.
SECTION 6. – Land Exchange Agreement – Ratified. Council approves
the August 20, 2018, Land Exchange Agreement attached and incorporated
as Exhibit D, ratifies all acts consistent with the authority of the Land
Exchange Agreement and this resolution and prior to the passage of this
resolution, and authorizes the Mayor to take all acts necessary, and to sign all
deeds, easements, and other documents required, to implement, fulfill, and
otherwise carry out the terms and intent of the Land Exchange Agreement
and this resolution, subject to final terms and conditions as the City Attorney
may determine are appropriate and consistent with the authority granted
herein.
SECTION 7. – Severability. If any one or more section, subsection, or
sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 8. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 9. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
March 5, 2019
DANA RALPH, MAYOR Date Approved
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9 Lower Russell Road Levee—Surplus of
GRNRA Land And Land Exchange with KOA
ATTEST:
March 5, 2019
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
March 8, 2019
Date Published
APPROVED AS TO FORM:
__________
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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EXHIBIT
TAX LOTS:1122049015
1122049083
THAT PORTION OF GOVERNMENT LOT 2, SECTION 1 1, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 11, FROM WHICH THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS N00'48'1 3'E 2652.28 FEET; THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER N89"17'40"W 1313.40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF
SAID WEST HALF N00"54'54"E 995.28 FEET; THENCE N89'17'40"W 1440.02 FEET TO THE
SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO EARL M. MCLAUGHLIN,
ET UX, BY DEED RECORDED UNDER RECORDING NO. 5059977; THENCE CONTINUING
N89"17'40'W 473.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N89''17'40'W 397.20 FEET; THENCE 507'23'10'W 94.97 FEET; THENCE 514"4Q'27"W 77.98
FEET; THENCE S89'17'40'E318.34 FEET; THENCE N42"28'38"E26.82 FEET; THENCE
S89"17'40'E 44.67 FEET; THENCE S21'13'20"E 129.78 FEET; THENCE N02"08'25"E 28.46
FEET TO THE POINT OF BEGINNING.
CONTAINING 64,737 SQUARE FEET, MORE OR LESS
(BEtNG KNOWN AS A PORT|ON OF C|TY OF KENT LOT LINE ADJUSTMENT NO. LL-91-3,
RECORDED UNDER RECORDING NO. 9101231064)
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EXHIBIT
PARTIAL ACQUISITION
DRAWN BY: TLM
SCALE: 1"=100'
DATE: 0211412019
CITY OF KENT
LAND SURVEY SECTION
KENTLOCATED IN GOVERNMENT LOT 2,
SECTION 1I, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M.
//
2 1
LINE TABLE
L1 - N89'17'40'W - 1313.40'
L2 - N00'54'54'E - 995.28'
L3 - N89"17'40"W - 1440.02',
L4 - N89'17'40"W - 473.50',
L5 - N02"08'25"E - 28.46',
11 12
TAX LOT
1122049065
TAX LOT
1122049083
SW CORNER
AF#5059977
EAST
POB
,-/
N890
@c\
(\t
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-l60l\tlblo:zl
L4
L5
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77 -98'.
Project #09-3007
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.
TAX LOT
1122049015
N
I
I
wNEI
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N42029'39"E
26.82'-
POC
SE CO
NE QTSE CORwl NE OTR
L1
SOUTH LINE
NE
11 12
64,737 SQ. FT.
397.20',
s89'17'40"E
o)vo)
s89'17'40"E
44.67'
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EXHIBIT
TAX LOT 1122049065
THAT PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 11, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST OUARTER OF SAID
SECTION 11, FROM WHICH THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS N00"48'13'E 2652.28 FEET; THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER N89"17'40"W 1313,40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF
SAID WEST HALF N00"54'54'E 995,28 FEET; THENCE N89"17'40"W 1440.02 FEET TO THE
SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO EARL M. MCLAUGHLIN,
ET UX, BY DEED REOORDED UNDER RECORDING NO, 5059977; THENCE CONTINUING
N89"17'4A'W 866.43 FEET TO THE POINT OF BEGINNING; THENCE CONTTNUTNG
N89"17'40"W 139.36 FEET, MORE OR LESS TO THE EAST LINE OF COUNTY ROAD NO. 8
(NOW RUSSELL ROAD); THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
ROAD TO ITS POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF COUNTY ROAD
NO. 22 (NOW SOUTH 212rH STREET), AS SAtD ROAD EXTSTED ON SEPTEMBER 8, 1966;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO A POINT THAT LIES N06"28'49'E
FROM THE POINT OF BEGINNING; THENCE S06"28'49"W 375,80 FEET TO THE POINT OF
BEGINNING.
EXCEPT THE NORTH 30 FEET THEREOF AS CONVEYED TO THE CITY OF KENT BY
DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6100722,
CONTAINING 33,866 SQUARE FEET, MORE OR LESS
(BEING KNOWN AS A PORTION OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-2A02-
14, RECORDED UNDER RECORDTNG NO. 2A0205A7002682)
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2 1
11 12I--J L -JI
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SOUTH 2TH ST
o(Y)/------
(couNTY ROAD NO.22)
a(t l\rl
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Ll - N89'17'40"W - 131 3.40'
L2 - N00"54'54'E - 995.28'
L3 - NB9'17'40"W - 1440.02',
L4 - N89"17'40"W - 866.43'
L5 - N89'17'40'W - 139.36'
I
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aoq
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TAX LOT
1',122049065I
I I
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/SW CORNER
AF#5059977
EAST
L4 L3 tNE W'
TAX LOT
1',122049015
N SE
NE,l P SE CORwl Ne qrn
L1
N
I
SOUTH LINE 11 12
NE
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
Project #09-3007
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.
L5
33,866
SQ. FT
LOCATED IN GOVERNMENT LOTS 1
AND 2, SECTION 11, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M,
KENT
Waattfctct
CITY OF KENT
LAND SURVEY SECTION
RIGHT OF WAY
ACQUISITION
DRAWN BY: CMW
EXHIBITSCALE: '1"=100'
DATE: 0710212018
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EXHIBIT
TAX LOT 1122049065
I NSPECTION, MAI NTENANCE,
AND UTILITY EASEMENT
THAT PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 11, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF
LAND 15.00 FEET IN WIDTH, THE WESTERLY LINE OF SAID STRIP DESCRIBED AS
FOLI-OWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 11, FROM WHICH THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS N00"48'13"E 2652.28 FEET; THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER N89"17'40"W 1313.40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF
SAID WEST HALF N00"54'54"E 995.28 FEET; THENCE N89'17'40"W 1440.02 FEET TO THE
SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO EARL M. MCLAUGHLIN,
ET UX, BY DEED RECORDED UNDER RECORDING NO. 5059977; THENCE CONTINUING
N89"17'40"W 866.43 FEET TO THE POINT OF BEGINNING; THENCE N06'28'49"E 345.68
FEET TO A POINT ON THE SOUTH LINE OF THAT PORTION CONVEYED TO THE CITY OF
KENT BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6100722, SAID
POINT BEING THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 5,184 SQUARE FEET, MORE OR LESS.
(BEtNc KNOWN AS A PORT|ON OF C|TY OF KENT LOT LINE ADJUSTMENT NO. ll-2002-
14, RECORDED UNDER RECORDING NO. 20020507002682)
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11 12t_J L* __J
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212TH ET
(co ROAD NO.22)
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I I
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I L1 - N89"17'40'W - 1313.40'
L2 - N00'54'54'E - 995.28'
L3 - N89'1 7',40"W - 1440.02'.
L4 - N89'17'40"W - 866.43',
I I
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1122049065t
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/
/
SQ. FT.SW ER
EAST
L4 L3 IN E wl
TAX LOT
1122049015
N SE
NE,l
N
PO SE CORwtNE
L1
SOUTH
NE
LINE 11 12
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
LIABILIry IS ASSUMED BY REASON OF
RELIANCE HEREON.
Project #09-3007
LOCATED IN GOVERNMENT LOTS 1
AND 2, SECTION 11, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.
t.6-
CITY OF KENT
LAND SURVEY SECTION
INSPECTION, MAINTENANCE,
AND UTILITY EASEMENT
DRAWN BY: CMW
EXHIBITSCALE:1"=100'
DATE: 0710912018
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Agreement Regarding Land Exchange
City of Kent Lower Russell Road Levee Setback project
City of Kent, Washington
and
RecreationalAdventures Co., a South Dakota Corporation
King CountyTax Parcel Number: IL22O4-9065
Address: 5801S. 2l-2th Street, Kent WA 98032
Agreement Date: August 20, 2018
This Agreement Regarding Land Exchange ("Agreement") is made on the date shown
above between the city of Kent, washington, a Municipal corporation (,,Kent,, or ,,the
Ciy") and Recreational Adventures Co., a South Dakota Corporation that owns the real
property identified above (the "subject property"), on which ¡t operates the
Seattle/Tacoma KOA RV Park. For convenience, Recreational Adventures Co. will be
referred to herein as "KOA." Collectively, the City and KOA will be referred to as the
"Pa rties."
RECITATS
A' KOA does business at 5801South 212th Street in Kent as the Seattle/Tacoma KOA
RV Park, which consists of a clubhouse, manager's office/residence, retail store, pool,
and a campground with L38 RV spaces and24 tent camping spaces. The7.42-acre KOA
Property and park are shown in the aerial photographs attached and incorporated as
Exhibits A and B, respectively.
B' Pursuant to an lnterlocal Agreement ("lLA") with the King County Flood Control
Zone District ("Flood District"), a special purpose district of the State of Washington, the
City of Kent will acquire necessary property and property ríghts for the Flood District to
construct the Lower Russell Road Levee Setback Project (the "Project") along the Green
River including at the west end of the KOA Property. A copy of the ILA is attached and
incorporated as Exhibit c, and it includes a description of the project.
C. To accommodate the Project, the City must acquire from KOA, ultimately by
exercise of eminent domain powers if necessary, fee title to approximately 33,852
square feet (the "Acquisition Area") of the 7.42-acre KoA property, as well as an
easement over an additional area comprising approximately 5,265 square feet of the
KoA Property (the "Easement Area"). Exhibít D, attached and incorporated, shows the
Acquisition and Easement Areas.
City of Kent-KOA
Agreement for Land Exchange page 1
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D. A total of 30 campsites lie within the Acquisition and/or Easement Area and will
be removed to accommodate the Project. The specific campsites and their attendant
amenities are described below and in referenced exhibits.
E. Prior to the Flood District executing the ILA with the City, the Flood District
intended that the entire Project, from property acquisition through Project design and
construetion, would be undertaken by King County and/or one of its subdivisions
(collectively the "County"). To that end, the County obtained an appraisal in April 201-5
from Valbridge Property Advisors/Allen Brackett Shedd indicating that KOA should be
paid just compensation of 5265,000: 5743,94O for the fee taking of the Acquisition Area
and S2i.,060 for the easement rights over the Easement Area. The County thereafter
sent KOA an offer of 5765,000 total for the property and easement. Page 52 of the
Valbridge Appraisal, setting forth a recapitulation of the 2015 Valbridge conclusion as to
just compensation, is attached and incorporated as Exhibit E. A copy of the County's
June 2015 offer letter is attached and incorporated as Exhibit F.
F. ln response to the County, KOA rejected the offer and suggested that the loss of
campsites would eliminate the park's profit margin. A copy of KOA's July 2,2015, offer-
rejection letter is attachecj anci incorporated as Exhibit H. KOA subsequently obtained
an appraisal of its own (the "McKee Appraisal") that found just compensation for the
taking should be 51,300,000. Exhibit G, attached and incorporated, consists of excerpts
from the May 2016 McKee APPraisal.
G. KOA and the County were not able to reach an agreement for Flood District
acquisition of property or property rights from KOA. The County subsequently executed
the aforementioned ILA with the City of Kent, pursuant to which the City is now
responsible for acquiring the necessary property and property rights from KOA, by
exercise of eminent domain powers if necessary. Despite the City having eminent
domain authority, however, the City would prefer, if possible, to reach a mutually
satisfactory agreement with KOA to enable KOA to maintain the same number and type
of campsites "after the Project" that it has now.
H. Adjacent to the KOA Property, the City owns property as shown on Exhibit l,
attached and incorporated, which is known as the Green River Natural Resources Area
("City Property").
L The Parties intend that if it is feasible to do so (as determined pursuant to the
procedures set forth below), then:
L. KOA and the City shall exchange the KOA-owned Acquisition Area for a
portion of adjacent City Property suitable for construction of replacement
campsites of the same type and number that KOA will lose to
accommodate the Project;
City of Kent-KOA
Agreement for Land Exchange Page2
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2. The city will pay monetary compensation to KoA for the Easement it
needs to accommodate the Project;
3. To avoid a temporary disruption of KoA's income stream from campsite
rentals, the Parties will attempt, prior to cessation of KOA's use of the
Acquisition Area, to complete construction of replacement campsites on
the city Property conveyed to KoA. lf that desired timing cannot be
achieved, however, then the city will reimburse KoA for resultant loss of
profits;
4. The city will reimburse KoA for the cost to construct "replacement"
campsites on the land acquired from the City because the construction of
replacement campsites will "cure" the loss of campsites removed to
accom modate the Project.
J. The Parties also intend that regardless of whether they consummate the desired
land exchange in lieu of an "eminent domain acquisition," the city should make KoA
"whole" by reimbursing KoA for reasonable attorney fees and certain
design/engineering fees, construction costs and other expenses that result from the
City's taking and which would arguably be compensable as cure costs, damages, and
reasonable attorney and consultant fees payable by the City in the event of an eminent
domain trial. ln other words, KOA should not be punished financially for studying the
feasibility of, and entering into, an agreement such as this, requested by the City, in lieu
of the City exercising its eminent domain powers. Likewise, the City should not suffer
financial detriment by pursuing this agreement at the behest of the Flood District, and
the City will therefore seek reimbursement of those costs from the Flood Distr¡ct for any
reimbursements it makes to KoA in accordance with the terms of the lLA.
NOW, THEREFORE, the Parties agree as follows:
Agreement
Section 1. Purpose
L.L
reference.
Recitals A through J above are all restated here and incorporated by
L.2. The Parties agree to undertake the tasks set forth below so that each
may determine the feasibility of pursuing, and then achieving (assuming feasib¡lity) their
mutual, multiple goals of (L) the City acquiring from KOA both (a) the Acquisition Area
and (b) certain easement rights overthe Easement Area; and (2) KOA acquiring from the
City the Replacement Property on which to then build the Replacement lmprovements
described below. Definitions of capitalized terms in this Agreement are set forth in
Section 2, below.
City of Kent-KOA
Agreement for Land Exchange Page 3
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1-.3. The Parties agree that their individual and mutual interests are servcd by
this Agreement and therefore that adequate consideration exists to support the mutual
promises of the Parties set forth in this Agreement.
Scction 2. Definitions
"Acquisition Area" means the portion of KOA Property required to be conveyed to the
City by KOA in fee title to accommodate the Project.
"City Property" means the property owned by the City of Kent and referred to as the
Green River Natural Resources Area, as identified on Exhibit l.
"Closure Days" means the calendar days between the closure of the campsites in the
Acquisition Area and the opening of the replacement campsites on the Replacement
Property.
"Easement Area" means the portion of the KOA Property over which the City will be
granted easement rights as set forth in the attached and incorporated Exhibit M. The
Easement Area is shown on Exhibit D.
"KOA" means the owner of the KOA Property
"Lower Russell Road Levee Setback Project" or "Project" means the levee project
described in Exhibit C.
"Parties" means the City of Kent and KOA.
"Replacement lmprovements" means the campsites and attendant amenities that will
be constructed on the Replacement Property. "Authorized Replacement
lmprovements" are those for which the City will reimburse KOA's related construction
costs as set forth in this Agreement. The Authorized Replacement lmprovements are
described in the attached and incorporated Exhibit K.
"Replacement Property" means the City Property the fee title to which will be conveyed
to KOA by the City to accommodate KOA's construction of the Replacement
lmprovements. The potentialReplacement Property available, from which the KOA may
select a portion upon which to construct the Replacement lmprovements, is shown on
the attached and incorporated Exhibit J.
City of Kent-KOA
Agreement for Land Exchange Page 4
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Section3. Feasibilitydetermination
To allow each party to make a prudent determination as to the feasibility of the land
exchange and construction of Replacement lmprovements contemplated herein, the
Parties shall perform as follows:
3.1. City's identification of possible Replocement Property. Exhibit J, attached
and incorporated, identifies the portion of City-owned property adjacent to KOA that
the City hereby represents is available as potential Replacement Property, a portion of
which KOA may designate as the Replacement Property when it submits drawings
pursuant to Section 3.3 below. The City has designated as potential Replacement
Property an area larger than the Acquisition Area to provide KOA flexibility in designing
Replacement lmprovements and connections between those improvements and
existing KOA roadways.
3.2. KOA's designotion of Replacement Property. To complete its obligations
set forth in Section 3.3, below, KOA has already designated its desired Replacement
Property, which is shown on a drawing prepared by KOA and attached hereto as Exhibit
o.
3.3. a. KOA's preparation and submission of design drowings ond cost
estimates for Replacement lmprovements on Replacement Property. KOA has submitted,
for City approval, a drawing for the proposed construction of Replacement
lmprovements on the Replacement Property. The Replacement lmprovements
identified by KOA on its drawing are represented to be those listed and described in
Exhibit K, "Authorized Replacement lmprovements." The City shall reimburse KOA as
set forth in Section 8 below for KOA's costs of preparing this submission.
b. Coordination between KOA ond City. KOA's designers shall coordinate
with Toby Hallock of the City of Kent (see paragraph 3.4.b below) regarding any City
questions about KOA's drawings, cost estimates, and related matters.
c. Preliminary City approval of drawings. No later than August 20,2OL8,
the City (through Mr. Hallock) shall notify KOA whether the drawing attached as Exhibit
O is approved on a preliminary basis pending subsequent submission of cost estimates
by KOA.
d. KOA submission of cost estimates. After KOA receives preliminary
approval of Exhibit O as contemplated in the immediately preceding subparagraph, KOA
will use its best efforts, assisted by the City, to provide cost estimates within two weeks
for KOA's construction of the Replacement lmprovements. KOA shall coordinate with
Mr. Hallock to determine any necessary changes to the drawings, as well as any
construction details necessary for cost estimating (e.g., the use of pervious paving
material versus impervious paving material, as may be discussed between the City and
KOA).
City of Kent-KOA
Agreement for Land Exchange Page 5
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3.4. City final review ønd approval of KOA drawings ond cost estimates.
3.4.a. The City is reviewing KOA's drawing (Exhibit O), will review any
future revised drawings, and will review KOA's cost estimates provided pursuant
to the paragraphs above. The City will use its best efforts to complete its review
of KOA's cost estimates and final drawing within two weeks after they are
received from KOA, and to then provide written notice either approving or
rejecting KOA's final drawings and cost estimates. The City shall approve the
drawings and estimates if the City is able to determine (1) that KOA's cost
estimates are reasonable for the construction of Replacement lmprovements,
and (2) that moving forward with the Agreement is financially feasible as
compared with the alternative of acquiring the Acquisition Area and the
Easement by paying just compensation in accordance with eminent domain law.
The City's approval is further conditioned on the Flood District's approval of the
size and location of the Acquisition Area, the size and location of the
Replacement Property designated by the KOA, and that moving forward with the
land swap as provided for in this Agreement is financially feasible and cost
effective for the City and the Flood District. The City presently believes, pending
receipt of KOA's final submission as to costs pursuant to Section 3.3, that the
"land exchange" arrangement contemplated by this Agreement is feasible, that it
is the preferred course for both the City and the Flood District, and that if the
City approves KOA's designation of Replacement Property, the Flood District will
also approve.
3.4.b. ln addition to reviewing for financial feasibility, the City shall
review KOA's drawings to assure compliance with all applicable laws and
regulations. To assist KOA in producing a compliant submission, the City hereby
designates, as a point of contact with whom KOA may discuss relevant
compliance issues, the following City personnel:
=
;:
Name:
Title:
Phone:
Email:
Tobias Hallock
Environmental Engineer ll
253-856-ss36
thallock@kentwa.gov
3.4.c. ln the event the City rejects KOA's drawings and cost estimates
submitted pursuant to Section 3.3 above, the City shall, as soon as possible,
provide to KOA a written explanation of the reasons for the rejection. KOA shall
then use its best efforts to submit to the City within two weeks a second, revised
set of drawings and cost estimates for approval, and the City shall assist KOA in
doing so. The City shall provide written notice of approval or rejection no later
than one week after receiving this second submission and shall provide written
explanation in the event of a second rejection.
City of Kent-KOA
Agreement for Land Exchange Page 6
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3.4.d. Termination lf the City rejects KOA's first submission of drawings
and cost estimates pursuant to Section 3.3 above, or if the City rejects KOA's
second submission of drawings and cost estimates pursuant to Section 3.4.c.
above, then this Agreement shall terminate unless modified and extended by the
Parties, in writing, on or before October 'J,,2OL8.
3.4.e. City reimbursement of KOA costs of submissions. As set forth in
Section 8, below, the City (with certain exceptions) will reimburse KOA for the
costs of preparing the drawings and cost estimates referred to above, even if the
City rejects them.
3.5. City's Affirmation of Feasibility.lf the City approves KOA's submission of
drawings and cost estimates, then the City shall be deemed to have affirmed the
feasibility of the land exchange and construction of Replacement lmprovements
contemplated by this Agreement. KOA shall have an additional feasibility period as set
forth in Section 5 below, which affirmation, however, is subject to the ultimate approval
of the Kent City Council and Flood District as provided for in Section 6 below.
Section 4.Final designation of Replacement Property following City approval of
KOA drawings and cost estimates
4.L. lf the City ultimately approves the KOA drawings and cost estimates as
set forth above, then the City shall, within 15 calendar days after the date of approval,
provide to KOA the following:
4.L.a.A survey drawing showing both the KOA Property and the final
approved Replacement Property;
A legal description for the Replacement Property;
A proposed deed for a conveyance of the Replacement Property
to KOA from the City.
The City will also begin efforts to assure compliance with all public
processes required to remove the Replacement Property from
designation as Green River Natural Resources Area and shall
address any applicable zoning or conditional use issues so that
when the Replacement Property is conveyed to KOA, necessary
approvals will be in place to allow the Replacement Property to be
used as a recreational campground. Mr. Hallock will remain the
point of contact for the City on these matters.
4.t.b
4.1,.c.
4.1..d
Section 5.Feasibility determination by KOA following City's final designation of
Replacement Property
5.1.a. Once the City has provided KOA the information set forth in Section 4
above, KOA shall have an additional 30 calendar days as a feasibility period within which
City of Kent-KOA
Agreement for Land Exchange PageT
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KOA can assure itself that the Replacement Property is suitable, from a constructability
standpoint, for the purposes intended. Unless KOA provides written notification during
that 30-day period that construction is not feasible as intended, then the Parties shall
perform further as set forth in Section 6 below.
5.1.h. Tempornry Cnnstutcfion Fnsement. The City shall provide to KOA a
Temporary Construction Easement to allow KOA to enter the Replacement Property
from the west, from Russell Road, instead of through existing KOAfacilities, to construct
the Replacement lmprovements on the Replacement Property.
5.1.c. Financialfeasibility ønd finønciol proteetion. The City acknowledges that
KOA's determination of feasibility will include a cost analysis, and the intent of this
Agreement is to "make KOA whole." The City acknowledges KOA's concern that
activities pursuant to tbls Agreement could trigger "frontage improvement
requirements" as a necessary development condition and expense, and the City agrees
to bear the costs of any such improvements that may be required and then seek
reimbursement of the same frcm ti.¡e District under the terms of the lLA.
5.1.d. Conditional Use Permit and related KOA ottorney fees and costs. The
Parties agree that no matter what zoning designation may be assigned to the
Replacement Property (e.g., M-1 or M-1C), the intent of this Agreement cannot be
achieved unless and until KOA is granted a Conditional Use Permit ("CUP") to construct
and operate the Replacement lmprovements identified in Exhibits K and O, attached,
even if the Replacement Property is conveyed to KOA. Stated differently, conveyance of
the Replacement Property to KOA would have no value to KOA without the right to build
and operate Replacement lmprovements. Therefore, the Parties agree that KOA shall
not be obligated to perform as set forth in Section 6 below unless and until: (L) a CUP is
granted to allow KOA to use the Replacement Property as contemplated by this
Agreement, and (2) the Kent City Council agrees to surplus and remove the
Replacement Property from the GRNRA and lift the restrictive conditions that limit the
scope of use that would otherwise apply to the Replacement Property. Further,
because KOA will need to be the applicant for the CUP, the City agrees that it will
reimburse KOA for attorney fees, expert witness fees, and related witness travel fees
incurred by KOA in seeking the CUP.
Section 6.Final City Council approval, Flood District approval, and conveyance of
property and property rights and continued use of Acquisition Area and
Easement Area by KOA
6.1 As soon as practicable after City staff approval of KOA drawings and cost
estimates pursuant to Section 4 above, City staff shall seek final necessary approval
from the City Council and from the Flood District to finalize the transaction
contemplated by this Agreement. Then, as soon as possible after a CUP has been
granted as referenced in Section 5.1.d. above, and (1) approvals have been granted
by the City Council and the Flood District, (2) the KOA Feasibility Period established
pursuant to Section 5 above has ended, (3) the Kent City Council has declared the
Replacement Property surplus to the GRNRA, (a) the Kent City Council has lifted the
City of Kent-KOA
Agreement for Land Exchange Page 8
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restrictive covenants that otherwise limit the scope of use of the Replacement Property
independent of any cuP, and (5) the city can prepare a check for payment
contemplated by subparagraph 6.1.d. below, the Parties shall complete the following by
mutual exchange of necessary documents and payment:
6.1.a. Conveyance from the City to KOA of fee title to the Replacement
Property.
6.1.b. Conveyance from KOA to the City of fee title to the Acquisition
Area, by deed in the form attached as Exhibit L to this Agreement.
6.1.c. Conveyance from KOA to the City of an easement in the form
attached as Exhibit M to this Agreement.
6.1.d. Payment by the City to KOA for the easement rights conveyed
pursuant to Subsection 6.L.c. above in the amount of 52 j.,060.00.
6.2. KOA's continued use of Acquisition Area and Easement Area after transfer
of title and easement rights. Neither party shall possess, use, or otherwise occupy the
other party's real property until the reciprocal conveyance documents are executed as
provided for in Section 6.1. After the conveyance of title and easement rights, KOA may
contínue to use the camping facilities within the Acquisition Area, free of any monthly
rent obligation, until the earlier of: (1) the Authorized Replacement lmprovements are
built and available for KOA customer use; or (2) the City provides the 30 days' advance
written not¡ce provided for in this Section 6.2 that the City's possession of the
Acquisition Area is required. The City acknowledges that for business reasons, KOA
needs at least 30 days' notice prior to relinquishing possession of the Acquisition Area
and relinquishing temporary possession of the Easement Area for City or District
installation of a water line. City therefore agrees to give KOA at least 30 days' written
notice prior to taking possession of the Acquisition Area, regardless of whether title has
been transferred to the City; the City will give the same notice prior to entry onto the
Easement Area for water line construction. Section 9 below addresses financial
consequences of the City taking possession of the Acquisition Area prior to completion
of Replacement lmprovements on the Replacement Property. Section 9 also addresses
financial consequences in the event water line installation within the Easement Area is
not completed in a timely manner.
Section 7.Construction of, and payment for, Replacement lmprovements on the
Replacement Property
KOA shall use its best efforts to construct the Authorized Replacement
lmprovements on the Replacement Property within the timeframe set forth in Section
9.2 below and shall bill the City for reimbursement after completion in accordance with
Section 8.3. Prior to commencing construction, KOA will provide the City with a final
construction budget to construct the Replacement lmprovements, which budget shall
be consistent with the cost estimate submitted and approved under Sections 3.4 and 4.
The City shall approve this budget by issuing to KOA the Notice to Proceed referenced in
City of Kent-KOA
Agreement for Land Exchange Page g
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Section 9.2 Step L.b. below. KOA shall not exceed this approved construction budget
without first obtaining the City's advance written approval of a revised construction
budget, which approval may additionally be conditioned upon concurrence from the
Flood District.
The City shall either reimbursc KOA for thc construction costs thereafter in
accordance with Section 8.3, or request additional information or justification, if
needed, as to any claimed costs.
Section 8. City reimbursement of KOA expenses
8.1. KOA expenses related to negotiation of, and performance pursuant to,
this Agreement. The Parties agree that but for the City's Project needs and its ability to
exercise eminent domain powers to acquire the Acquisition Area and the Easement it
desires, KOA would not entertain a land sale to, or a land exchange with, the City, nor
would KOA incur any of the expenses related to performing any of the contractual
obligations undertaken pursuant to this Agreement. The City therefore agrees that it
will reimburse KOA, in accordance with Section 8.3, for KOA's reasonable expenses
incurred in negotiating this Agreement with the City including studying and designing
potential Replacement Property and Replacement lmprovements and completing any
other obligations undertaken pursuant to this Agreement. Reimbursement requests by
KOA shall be reasonable, and the City shall not unreasonably withhold reimbursement.
8.2. KOA expenses incurred prior to commencement of negotiation with the
City. As set forth in recitals E through G above, the County made an offer more than
three years ago to purchase the Acquisition Area from KOA. That offer, under threat of
eminent domain, caused KOA to incur $14,000 in expenses related to negotiation,
including appraisal fees and attorney fees, before the County ceased negotiating and
the City eventually took over the acquisition effort (pursuant to its ILA with the Flood
District) resulting in this Agreement. Accordingly, upon KOA's presentation of
appropriate proof of such expenses, the City agrees to reimburse KOA for those actual
expenses, in an amount no greater than 514,000. The City will then seek subsequent
reimbursement from the Flood District on its own.
8.3 Payment of KOA's Direct Expenses. As provided for in this Agreement,
the City has agreed to reimburse KOA for stated expenses associated with the District's
prior attempt to acquire the KOA Property, and the subsequent expenses the KOA incurs
in pursuing this land exchange and the development of Authorized Replacement
lmprovements on the Replacement Property. These reimbursements will be made in the
following three phases:
8.3.a. Prior Acquisition Efforts, Engineering, and Site Work. Within 60
days of KOA's completion of all engineering and site layout work for the Authorized
Replacement lmprovements on the Replacement Property, KOA will submit a
City of Kent-KOA
Agreement for Land Exchange Page 10
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reimbursement request to the City that will itemize and detail: (L) the costs incurred by
KOA and directly related to the prior acquisition efforts undertaken by the District to
acquire a portion of the KOA Property, and (2) the costs incurred by KOA since its
negotiations began with the City concerning this Agreement and the land exchange
through completion of KOA's engineering and site layout work.
8.3.b. CUP Process. Within 60 days of KOA obtaining approval of its CUP
application, KOA will submit a reimbursement request to the City that will itemize and
detail all costs incurred by the KOA and directly related to the CUP process, from the
date of KOA's last invoice under Section 8.3.a. through the date the CUP was approved
and issued.
8.3.c. Completion of Replacement Sites. Within 60 days of KOA
completing all construction of the Authorized Replacement lmprovements, KOA will
submit a reimbursement request to the City that will itemize and detail all costs incurred
by the KOA and directly related to the construction process, from the date of KOA's last
invoice under Sections 8.3.a. and 8.3.b. through the date construction was accepted as
complete by KOA.
8.3.d. City's Payment of lnvoices. Within 45 days of the City's receipt of a
complete and accurate invoice from the KOA that complies with the terms of this
Agreement, the City will issue its reimbursement payment to KOA. lf the City requires
additional information or documentation from KOA in order to process KOA's
reimbursement request, the KOA will endeavor to get that additional information to the
City within 14 days of the City's request.
Section 9. Potential City reimbursement of KOA revenue loss.
9.L. ldeal construction sequence. The Parties agree that ideally, to protect
KOA's revenue stream, the Replacement lmprovements (i.e., the rent-generating
campsites) on the Replacement Property would be completed before the closure of the
existing improvements (i.e., the rent-generating campsites) that lie within the
Acquisition Area. The Parties acknowledge, however, that Project scheduling needs may
not allow that sequence.
9.2 Potential City reimbursement for lost profits coused by Project scheduling
needs.
a. lf the ideal construction sequence described in Section 9.1 above cannot
be achieved, the City shall reimburse KOA for certain losses calculated as follows, using
the data set forth in attached Exhibit N:
Step 1-:The Parties shall determine the number of "Closure Days"-i.e. the
calendar days between the closure of any of the 30 campsites (18 RV sites and
12 tent sites) in the Acquisition Area and the opening of the replacement sites on
C¡ty of Kent-KOA
Agreement for Land Exchange Page 11
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the Replacement Property. Of that total, the Parties shall then determine the
number of Closure Days attributable to the City or to KOA, respectively, as
follows:
a. Closure Days between the date the City takes possession pursuant to
Section 6.2 above and the date that the City issues a Notice to Proceed as
set forth in Section 9.2"a. Step 1.b. below shall constitute "Closure Days
Attributable to the City."
b. KOA will use its best efforts to complete construction of Replacement
lmprovements within 90 days once all necessary permits, approvals or
authorizations necessary for KOA to commence construction have been
granted. Specifically, KOA shall exercise its best efforts to complete
construction of the Replacement lmprovements within 90 days (the
"Authorized Construction Days") after receiving from the City a "Notice to
Proceed With Construction of Replacement lmprovements." The total
number of "Authorized Construction Days" shall constitute "Closure Days
Attributable to the City." The Authorized Completion Date shall be the
90th day after the date of the Notice to Proceed.
c. The City shall reimburse KOA for losses as calculated below based on the
total number of "Closure Days Attributable to the City" as determined in
Section 9.2.a. Steps L.a. and 1.b. above.
d. The number of Closure Days that may occur afterthe Authorized
Completion Date shall constitute "Closure Days Attributable to KOA."
e. The City shall NOT reimburse KOA for any "Closure Days Attributable to
KOA."
Step 2: Because occupancy/vacancy rates vary seasonally, the "Closure Days
Attributable to the City" identified in Step l will be established using the 3-year
average PCN column in Exhibit N, which is the average rate charged for a
particular site during the years 2OL5-2OL7, to determine the financial loss
attributable to closure of a specific site for a specific number of days during a
specific month. Specific campsites are identified by number on the campground
site map attached as Exhibit B.
Step 3: The number of "Closure Days Attributable to the City" for each site
affected shall be multiplied by the 3-year average of daily rates for the affected
month identified in Exhibit N data referenced in Step 2 above to determine the
total revenue impact for each site affected.
Step 4: The Parties agree that results of Step 3 will represent revenue, not
profit. The Parties agree that a 50% profit margin for the identified campsites is
reasonable. Therefore, using as an example the impact of a closure (attributable
to the City) of site number 46 shown on Exhibit B for a period of 23 days
City of Kent-KOA
Agreement for Land Exchange Page72
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including 11 days at the end of May and 1-2 days at the beginning of June, Exhibit
N would be used to calculate the reimbursement owed by the City as follows:
Site #46 L1 days in May at S43.66/day = S 480.26
12 days in June at546.07/day = S 5s2.84
TOTAL = s 1033.L0
Profit at 5O%is S L033.10 x.5 = S 516.55
Therefore, the reimbursement owed by the City to KOA for Site #46 would be
Ssre .ss.
Step 5: When requesting reimbursement from the City pursuant to this Section
9.2, KOA shall provide to the City the calculations described above to support its
reimbursement request. The City shall reimburse KOA within 30 days after the
City's receipt of a proper reimbursement request.
b. Compensation for delays reloted to instøllation of water line in Easement
Areo. The City acknowledges that KOA intends to use the west 15 feet of its property
(the Easement Area) for placement or partial placement of a new internal access road it
must construct when it conveys title to the Acquisition Area to the City. Accordingly,
the City agrees that construction of a proposed water line in the Easement Area shall be
completed in a timely manner to avoid closures of campsites. ln the event the ideal
construction sequence provided for in Section 9.1, is not possible, the Parties shallwork
together to identify means of reducing impacts to KOA and Closure Costs Attributable to
the City under Section 9.2.a.Step 4. tor example, KOA may be able to rent sites
temporarily without using an internal "west circulation road" or, in the alternative, KOA
may be able to provide temporary internal access over certain campsites during
construction of the water line in the Easement Area, both of which are actions that will
reduce the Closure Costs the City may otherwise be required to pay KOA. Despite using
their best efforts, the Parties may be unable to avoid campsite closures caused during
water line construction, and if such unavoidable closures occur KOA shall calculate and
submit a reimbursement request consistent with the methods set forth in Section 9.2.a.
above.
Section 10.Notice. Notices provided pursuant to this Agreement shall be provided
by email and U.S. Mail as follows:
Notice to KOA:Name:
Title:
Phone:
Address:
Kent Cutler
President
605-33s-4950
140 North Phillips Ave, 4th Floor
PO Box L400
Sioux Falls, SD 5710L-1400
Email:
City of Kent-KOA
Agreement for Land Exchange Page 13
kentctO cutlerlawfirm.com
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with a copy to
Notice to the City
Name:
Title:
Phone:
Address
Email:
Name:
Title:
Phone:
Email:
Al Johnson
Executive Vice President
60s-381_-0317
Box 295, Hill City, SD 57745
a ljohnson @ racpack,com
Tobias Hallock
Environmental Engineer ll
253-856-5536
thallock@kentwa.gov
Section 11. Miscellaneous.
Y*L City Council and Flood District-Approval required. KOA acknowledges
that the transaction contemplated by this Agreement is expressly conditioned on both
the Kent City Councii and the Flood District authorizing the the iand exchange of the
Replacement Property for the Acquisition Area, including the size and location of the
Acquisition Area and the Replacement Property included within the land exchange; the
amount of the reimbursement of KOA's construction costs for the Replacement
lmprovements, and the payment to KOA of all other amounts contemplated by this
Agreement, which authorization may or may not be granted. City staff believe,
however, that both the Kent City Council and the Flood District will likely authorize the
contemplated exchange. However, authorization cannot be sought until the Parties
have reached a conditional agreement. Accordingly, KOA agrees that the City shall not
be liable or obligated for any burden or loss, financial or otherwise, incurred by KOA as a
result of the failure of the Kent City Council or the Flood District to grant the required
authorization to the Parties' conditional agreement, and KOA expressly waives any claim
against the City and its elected officials, officers, employees, representatives, and
agents, for any burden, expense, or loss which KOA incurs as a result of such denial,
except for those costs expressly provided for under Section 3.4.e. and Section 8, which
will be reimbursed to KOA irrespective of any approval/authorization that the City
Council or the Flood District may or may not give to an ultimate land exchange and
construction of Replacement lmprovements.
LL.z Resolution of disputes and governing law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. lf
the parties are unable to settle any dispute, difference or claim arising from the Parties'
performance of this Agreement, the exclusive means of resolving that dispute,
difference or claim, shall be by filing suit exclusively under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the
City of Kent-KOA
Agreement for Land Exchange Page 14
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Parties agree in writing to an alternative dispute resolution process. ln any claim or
lawsuit for damages arising from the Parties' performance of this Agreement, each party
shall pay all its legal costs and attorney's fees incurred in defending or bringing such
claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section 1-1.6 of this Agreement.
1L.3 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and KOA.
LI.4 Entire agreement The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal statements
of any officer or other representative of the City, and such statements shall not be
effective or be construed as entering into or forming a part of or altering in any manner
this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
77.5 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement, which Agreement is effective on the date referenced on
the first page above once fully signed.
City of
By
othy LaPorte,
Public Works Director
Appro form
White
City Attorney
City of Kent-KOA
Agreement for Land Exchange Page 15
a z
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EXHIBIT A
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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,¡D
{cE
1AM
DWG
ORDINARY HIGH WATER (OHW) AND
BOUNDARY DELINEATIONS FROM
ENVIRONMENTAL COMPANY, JULY 21sl 201
NOTES
LOWER RUSSELL LEVEE SETBACK PROJ
NORTH E¡,lD DETAI
FILE: G:\ENVTROMENTAL\09-3007 LOWER LOt4lESr RUSSELL RD LEVEEDWG\EXHIBITSWOA\09-3007 KOA
PRINT DATE:6/14/2018
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EXHIBIT B
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
6.A.a
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6.A.a
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EXHIBIT C
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
6.A.a
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AGREEMENT REGARDING PROPERTY ACQUISITION
Lowcr Russcll Road Lcvee Setback Project
River Mile 17.85 to 19.25, Right Bank
THIS AGREEMENT REGARDING PROPERTY ACQUISITION ("Agreement")
relating to the Lower Russell Road Levee, River Mile 17.85 to 79.25, Right Bank, is entered into
on the last date signed below by and belween the CITY OF KENT, a Washington municipal
corporation ("City"), and KING COUN'I'Y I''LOOD CON'I'ROL ZONE DISTRICT, a special
purpose district of the State of Washington ("District") (collectively, the "Parties").
\ RECITALS
.2
A. 1!e Lower Russell Road Levee ("Levee") is a key part of the Green River levee
system. The.DistÍict {:$s to acquire necessary real propcrty and real property interests to
improve the'[,evee, prøride better flood and scour protection, and assist the City in obtaining
FEMA accreditation of the Levee. 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 17.85 to
i9.25, more commoniy known as the right bank between S.2i2th St. and S. 228th St.
B. The Water and Land Resources Division of the King County Department of
Natural Resources and Parks ("WLRD"), is service provider to the District pursuant to an
interlocal agreement with the District. On behalf of the District, WLRD manages, operates and
maintains a major portion of the Green River levee system, and acquires real property and real
property interests for District projects.
C. The City has agreed to acquire the necessary real property and real property
interests on behalf of the District to construct the Project. The Parties intend for the City to
complete the acquisitions as soon as possible with a goal of completing them by end of 2018.
D. The preliminary plan for the Project is to inuease the height of the Levee to
achieve the Lower Green River Interim System-Wide Improvement Framework's provisional
flood protection goal af 0.2% annual chance (500-year) or 18,800 cfs (as measured at Auburn
USGS gage), plus three feet of freeboard.
E. By Resolution No. FCDþ"!ß*fuU-., adopted o" 4tr¿L--þ-,2016, the District
approved acquisitions by the City for the Project.
AGREEMENT
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In consideration of the rights and obligations set forth in this Agreernent, which constitute
good and valuable consideration, the Parties agree as follows:
l. Incorporation of Recitals Ðefinitionq. All recitals above are hereby incorporated
in and ratified as part of this Agreement. The District Executive Director or designee shall have
the discretion and right to perform the functions of the District in this Agreement, unless
otherwise provided in this Agreement.
2. Acquisition a¡rd Transfer of Real Bloperty.
a. The City shall acquire title to and interests in real property ("Real
Property") that the District determines to be necessary for ownership, construction,
installation, operation, maiutenance, repair, replaoement and removal of the Project in
accordance with this Agreement. In acquiring Real Property, the City shall use
procedures approved by the District, and shall comply with all applicable laws and
regulations, including but not limited to: (i) the Washington State Department of
transportation Right of way Manual (M26.01.17); (ii) Chapters 8.12,8.2s,and 8.26
RCW; and (iii) Chapter 308-125 WAC. In acquiring Real Property, the City shall acquire
the Real Property in a size and location approved by the District. For each Real Property
acquisition, the city (i) shall prepare and submit to the District, prior to the
commencement of the acquisition process, a scheclule that includes but is not limited to
work tasks, task durations, and task linkages, and (ii) communicate regularly witli WLRD
and the District, providing written reports when requested by WLRD or the District.
b. The District shall approve before execution by the City all documents for
the acquisition and transfer of Real Property, Any easements granted by the City to the
District shall be in the form of the standard River Protection Easement in Reference 8P to
the King County Surface Water Design Manual, or in a different form acceptable to the
District.
c. The District shall approve before expenditure by the City any individual
cost or expense that exceeds $10,000 in the City's acquisition or transfer of Real Property
pursuant to this Agreement, The District will reimburse the City for costs and expenses in
accordance with Section 3 of this Agreement.
d. The City already has acquired title to certain Real Property described in
Exhibit A, attached hereto and incorporated herein. The acquisition cost for such Real
Property is stated in Exhibit A (a total sum $1,023,550.00). The District ratifies and
confirms the acquisition of this Real Property. Upon the District's reimbursement to the
City of the full acquisition costs for the Real Property identif,red in Exhibit A, the City
shall grant to the District the easernents provided for by Section 2(a) of this Agreement.
The District's reimbursement under this Section 2(d) shall be paid to the City prior to the
City's execution of the easements but in no event shall the District make such
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reimbursement later than 30 days following the City's submittal of the reimbursement
request. Before the commencement of construction of the Project, the City shall remove
any structures on the Real Property at its own cost and expense.
e. The City shall acquire title to a portion of the KOA Campground property
(Tax Parcel Number 112204 9065) ("KOA Property") that (i) allows for ownership,
construction, installation, operation, maintenance, repair, replacement and removal of the
Project and (ii) allows for a recreational trail connecting the Green River Trail to South
212th Street ("Recreational Trail"). After acquisition of the KOA Property, the City shall
grant to the District an easement over the KOA Property that will allow the District to
own, construct install, operate, maintain, repair, replace and remove the Project. As part
of the regular communication with the District regarding the acquisition of the KOA
Property, the City shall submit to the District background information, appraisals,
analysis and negotiations with the owner of the KOA Campground property, The District
shall reimburse the City for acquisition of the KOA Property in accordance with Section
J.
f. If the City's acquisition of the KOA Property is conditioned upon transfer
of a portion of the Green River Natural Resources Area ("GRNRA")(Tax Parcel
Numbers 112204 9015 and 112204 9083) ("Transferred Property") to the owners of the
KOA Campground property, the District must approve before transfer the size and
location of the Transferred Property (estimated to be 0.8 acres based on conceptual site
layout provided by KOA Campground on February 2,2016), as well as the cost of the
acquisition of the KOA Property. The City shall not acquire the KOA Property unless the
District determines that the acquisition of the KOA Property is cost effective for the
District. If the District approves the acquisition of the KOA Property, the District shall
support the City's efforts to release the covenant on the GRNRA property, which has
recording number 9408051537 ("GRNRA Covenants"), if such release is necessary to
complete the acquisition.
g. If necessary to compensate for impacts of the Project on the GRNRA
Covenants, the City shall acquire the Suh Properties (Tax Parcel Numbers 000620 0020
and 000620 0032). Upon acquisition, the Suh Properties shall remain in City ownership.
The District shall reimburse the City for the Suh Properties acquisitions in accordance
with Section 3 of this Agreement.
3. Reimbursement of Citv Exnenditures - General.
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a. As provided for in this Agreement, the District will reimburse the City all
costs and expenses incurred by the City to acquire or transfer the Real property (,,City
Costs") in accordance with this Section.
b. Excluding the reimbursement due under Section 2(d) and related to the
City's acquisition of the Real Property described in Exhibit A, the maximum
reimbursement for City Costs shall be $700,000.00.
c' Reimbursement requests for City Costs, within the budget provided for
under Section 3(b), may be submitted by the City after title to or interest in Real property
has been completed and on a no more frequent basis than once a month for such Real
Property that was approved by the District. The requests 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 clelay payment until receipt of this report.
d. 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-tìve (45) days of receipt of a
request.
e' Except for the reimbursement of City Costs for the Real Property
described in Exhibit A, 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 the District's request for such additional information or data, If the
request is still inaccurate or incomplete in the opinion of the District, the dispute shall be
resolved in accordance with Section 5 of this Agreement. After resolution of the dispute,
the District shall pay reimbursement as provided in this section,
f' The District also may postpone payment of any portion of a request fbr
reimbursement where the City is delinquent in the submittal, preparation or completion of
any document or work required by this Agreement ancl related to the Real property that is
the subject of the request for reimbursement.
4' Duration-Effectivç Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, 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 f,rrst.
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5. Disnute l{esolution. The Parties will seek to resolve any disputes under this
Agreement as fo[ows:
a. In the event that any dispute arises between the Parties as to the
interpretation or application of any term of this Agreement: or as to the validity of any
claim made by either Party against the other as a result of this Agreement, and the Parties
are unable to resolve the dispute through negotiations, the Parties agree to participate in a
nonbinding, neutral evaluation and mediation of their dispute at a mutually agreeable
location prior to commencing legal action. Either Party may request that any dispute be
submiued to neutral evaluation and mediation at any time upon giving written notice to
the other Party.
b. Upon giving notice by either Party as provided above, the Parties shall
attempt to select a neutral person to evaluate and mediate the dispute. If, afler thirty (30)
days, the Parties cannot agree on any of the persons named, or if acceptable persons are
unable to serve, or if for any reason the appointment of a neutral person cannot be made,
either Party may terminate the dispute resolution process or the Parties may, by
agreement, seek other means of resolution.
c, Each Party shall promptly disclose to the other any circumstances
known by it that would cause justifiable doubt as to the independence or impartiality of
any individual under consideration or appointed as a neutral mediator. Any such
individual shall promptly disclose such circumstances to the Parties. If any such
circumstances are disclosed, the individual shall not serve as neutral mediator unless both
Parties agree in writing.
d. The neutral mediator's charges shall be established at the time of
appointmcnt. Unlcss the Parties otherwise agree, the fees and expenses of the neutral
mediator shall be split equally and each Party shall bear its own costs and expenses.
e. The mediation session is intended to provide each Party with an
opportunity to present its best case and position to the other Party and the neutral
mediator and for the Parties to receive opinions and recommendations from the neutral
mediator. The neutral mediator shall facilitate communioations between the Parties,
identify issues, and generate options for settlement. The neutral mediator shall also
discuss with each Party separately the neutral mediator's opinion and evaluation of the
strengths and weaknesses of that Party's position. The terms of any settlement made by
the Parties as the result of the mediation shall be set out in writing.
f. The dispute resolution process identified in this Section is a compromise
negotiation. The Parties agree to maintain in conf,rdence all offers, promises, conduct,
and statements, oral or written, made in the course of the mediation by either of the
Parties, their agents, employees, experts, representatives or attorneys, or by the neutral
=
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mediator and agree that the same shall be deemed negotiations in pursuit of settlement
and compromise and not admissible or discoverable in subsequent legal proceedings
pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as
a trial or deposition witness, consultant, or expert of either party.
g. In the event that the Parties are unable to resolve the dispute through the
dispute resolution process established in this Section, the Parties reserve any and all other
rights and remedies available to each of them regarding such dispute.
6. Thild 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,l5 RCW,
or as otherwise granted or provided for by law.
7. 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 back 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 Levee, the costs will be reimbursable by the
District as described in Section 3 of this Agreement.
8. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Purty, and all of its offrcials, 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
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 5l 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,
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9. lnsurance, 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.
10, Entire Agr:qqment: Amendment. This Agreement, together with Exhibits A, B,
and C, 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.
\
I l.i Bindine Nature. The rights and duties contained in this Agreement shall inure to
the benefìttf *¿ *" binding upon the Parties and their respective successors in interest and
asslgris.
12. Notices. Cornmunicatiolrs and Docu¡netrts. 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 (collectiveiy, "notices") shaii 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 ofrecognized standing, or ifdeposited 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 ovemight
delivery service of recognized standing, it shall be deemed given one business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three 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 electroniq
mailmessage 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
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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
Any 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.
13. Mutual Release/Considgratiorl. As part of the consideration for this Agreement,
the Parties agree to mutually release any and all claims known or unknown reiated to prior
reimbursement requests between City and District and resolved through the mutual promises and
performance under this Agreement.
14. Severability. lf any provisions of this Agreernent or its application are held
invalid, the remainder shall not be affected.
15. 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.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
Dana Reagan Dunn
Its: Board ChairIts: Mayor
DATE: ÕI I-1 I M DATE:
APPRO TO FORM A
By
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EXHIBIT A
The City acquired title to the following Real Property prior to the effestive date of this
Agreement:
Parcel No.Seller Sales Price *I
102204-9153
102204-9024
000620-0011
000620-0017
Jeanne Hamilton
Tom & Janice Baxter
MaryJo Torgeson
Kimberly Voss
Total
5 211,7-5o.oo
s 192,500,00
s 338,300.00
$ 281,ooo.oo
S1,oz3,s50.oo
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EXH¡BIT D
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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\D
NCE
29 PM
.DWG
NOTES:
1. ORDINARY FIIGH WATER (OH\itu) AND
BOUNDARY DELINEATIONS FROM CONF
ENVIRONMENTAL COMPANY, JUL./ 21 st 2O1
LOWER RUSSELL LEVEE SETBACK PRO*E
NORTH END D
F!LE: c:\ENVTROMENTAL\1ì-3^17 LOWER LOI,I/ESf RUSSELL RD LEVEE\DWG\EXHIAIISìKOA\09-3007 KOA PROPERTY
PRINT DATÈ 6/112018
rÆ
€04060
[ il]t' lll ll I lilI
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EXHIBIT E
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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As mentioned previously, it is our understanding that in the case of the sublect, this is a
perpetual easement for the purpose of accessing and constructing, inspecting,
monitoring, reconstructing, maintaining, repairing, modifying and removing river bank
protection andlor other flood related works, including installing, inspecting, maintaining
and removing all vegetation and any other appurtenances thereto acrossr in, under, on
the property to access the easement area, together with reasonable ingress and egress
upon the easement area and not to remove or otherwise alter any improvements
installed by ttre city, including any native vegetation that may be planed and any flood
protection works that may be constructed wíthin the easement area without the
äpproval of the city. Therefore, we have concluded 50% of the fee simple value for this
easement ($8.00/Sp x 50% = $4,00/SF). Therefore, the value of the levee maintenance
easement is summarized as follows:
Levee Maintenance Easement: 5,265 SF x $4.00/SF = $21,060
A breakdown of total acquisition is as follows:
ALLOCATED AS FO[[OWS:
"BEFORE" VALUE:
"AFTER" VALUE:
VATUE D¡FFERENCE
$4,395,000
$-qSgJgg
$765,000
$743,940
$21,060
$o
$76s,000
RECAPITULATION
VALUE OF PART TAKEN:
DAMAGES TO I.AND (LEVEE ESMT.):
tESS BENEFITS:
TOTAL OF ACQUISITION (RND):
Valbridge Property Advisors Allen Brackett Shedd
14-0242mb- Copyright A 2415
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EXHIBIT F
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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KingCounty
DepaÉment of
Natural Resources and Parks
Director's Office
King Street Center
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
June 3, 2015
Recreational Adventures Co.
c/o John Casey
Curran Law Firm
555 West Smith Steet
Kent Wa. 98032
RE: Russell Road Levee. Kent KOA - Parcel 112204-9065
Dear Sirs:
This is a formal offer from King County to purchase a 0.78 acre portion of the above-referenced
7.42 acre parcel together with an adjoining 15 foot wide easement, located along the Tolt River,
according to the terms outlined in the enclosed Purchase and Sale Agreement . The ofler of
Seven Hundred and Sixty-Five Thousand Dollars and No/100 (US$765,000.00) is based on a fair
market value appraisal established by an independent state certified real estate appraiser.
A copy of the preliminary title report is enclosed. The sale of your property will be subject to an
onsite environmental inspection prior to closing. Any liens or encumbrances will also need to be
addressed and/or removed prior to closing.
Should you find everything in the agreement acceptable, please sign both sets of original, keep
one signed original for your records and return a notarized original to:
Brad Schabert
King County Vy'ater and Land Resources Division
Open Space Acquisitions Unit
201 SouthJackson Street, Suite 600
Seattle, WA 98104-3855
Upon receipt of the notarized Purchase and Sale Agreement, King County will initiate escrow to
facilitate a timely closing. The expiration date of this offer is June 30, 2015.
The Acquisition Project Manager assigned to this project is Brad Schabert. Should you have any
questions, please feel free to contact Mr. Schabert at206-477-4823.
=
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Recreational Adventures Co.
June 3,2015
Page2
We look forward to hearing from you in the near future.
Sincerely,
Christie True
Director
Encloswes
cc Mark Isaacson, Division Director, Water and Land Resources Division (WLRD),
Deparünent ofNatwal Resowces and Parks (DNRP)
Linda Holecek, Acquisition Supervisor, Open Space Acquisitions Unit, WLRD, DNRP
Brad Schabert, Project Manager, Open Space Acquisitions Unit, WLRD, DNRP
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EXHIBIT G
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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Appraisal
tf
Seattlefacoma KOA Property
Apprøisøl of ReøI Property: RV Park
Beþre and After PørtiøI Taking
Locøtion:
5801S 212thSt
Kent, Washington
Efrectiae Date of Appraisøl:
May 12,201,6
Prepøred.for:
John Casey
Curran Law Firm
A edbu:
Kenneth A. Barnes, MAI CRE
Amy Grandstrom, MAI
McKee Appraisal
Fleal Estate I Consulting
1200 6th Avenue, Suìte 1805. Seatt¡e,
Tel: 206.343.8909 | wmsreaLæm
Washington 9BLol
I Faxi206.386.5777
No.3535
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o McKee Appraisal
Real Estate I Consulting
Mr. John Casey
Curran Law Firm
ViaEmail
Jr;;r,re19,20\7
Seattly'f acoma KOA Property
Appraisal of Realproperty - RV Pørk
Beþre and After Pørtial Taking
King County P arcel N o. 71220+9065
5801 S 212th St
Kent, Washington
=
Property Name:
Description:
Address:
McKee Appr aisal Refermce 35357
Dcar Mr. Casey:
At the request of Curran Law Firm, we have prepared an appraisal of the compensable change
in value to the subject resulting from the acquisition of property rights for King County's Lower
Russell Road lævee Setback project. The proposed acquisition is at the westem end of the site
and includes 33,852 sf that will be acquired in fee. The basis for just compensation consists of
the difference between the value of the subject property Before the acquisítion and the value of
the remainder.
As a result of our investigation and analysis, our conclusions are:
* Please note that the After valuation assumes that the property has been reconfigured and is
fully operational as of the date of value. It is prior to consideration of potential damages to the
remainder in the form of costs to cure. These issues have not been resolved at the time of
appraisal and we do not have reliable cost estimates to account for the reconfiguration costs.
1200 6th Avenuê, Suite 1805, Seattlg
Tel:206343.89ö9 | wwwmsrcalcom
Washington 98101
I Fax 206.386.577
Description VøIue
Fair Market Value - Before Acquisition $2300,000
Less Eair Markct Value - After Acquisition fi6.,ooo,ooo
Difference - Basis for |ust Compensation*$1,300,000
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Transmittal Letter
Seattle/ Tacoma KOA Campground
McKee Appraisal Reference 35357
|une19,2017
Page2
Therefore, as an extraordinary assumption, we assume that the property will be reconfigured.
and the remahling RV/camping sites will be functional in the After conditiory at no cost to the
owner.The above value estimates are commensurate with a reasonable marketing period and
exposure time of one year.
This appraisal has been prepared in conformity with the Uniform Standards of Professional
Appraisal Practice (USPAP). It has been prepared in conformity *ith the requirements of the
Code of Professional Ethics and the Standards of Professional Appraisal Practice of the
Appraisal Institute, and is subject to the attached Certificatiory Assumptions & Limiting
Conditions, as well as specific assumptions contained herein. This appraisal has also been
prepared in conformity with the appraisal standards and scope of work required by the client.
Respectfully submitted,
tu
KennethA. Barnes, MAI, CRE
WA State-Certified General Real Estate Appraiser (1100578)
Amy Grandstrom, MAI
WA State-Certified General Real Estate Appraiser (110.1666)
McKee Appraisal
Real Estate Services & Consulting, Inc.
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Ref. No. 37357 - SeatUelTacoma KOA, Kent, WA Neighborhood Description and Market Analysis o I
Appraisal Description
Summary of Appraisal
This is an appraisal of the compensable change in value to the subject resulting from the
acquisition of properly rights for King Counþ/s Lower Russell Road Iævee Setback project. The
basis for just compensation consists of the difference between the value of the subject property
Before the acquisition and the value of the remainder. As a result of our investigation and
analysis, our conclusions are:
Føir Møilæt Vølue - Beþre Acquisition
Fair Mnrket Value - After Acquisition
$7,300,000
86,000,000
Difference (Before Value minus After Value)$1,3oo,ooo
Basis for Just Compensation*$1,300,000
*Please note that the After valuation assumes that the property has been reconfigured and is
fully operational as of the date of value. It is prior to consideration of potential damages to the
remainder in the form of costs to cure. These issues have not been resolved at the time of
appraisal and we do not have reliable cost estimates to account for the reconfiguration costs.
Therefore, as an extraordinary assumption, we assume that the property will be reconfigured
and the remaining RV/camping sites will be functional in the After condition, at no cost to the
owner.
Please refer to the ROW Map at the begirning of this sectiory which visually depicts the area to
be acquired. The proposed acquisition is at the western end of the site and includes 33,852 sf
that will be acquired in fee. Based on conversations with Erik Peters, the King County Project
Manager, our understanding is that no additional temporary rights are needed at this time and
there would be no additional development restrictions or setbacks on the remainder property.
The new levee will be located further back from Green River with a taller, sloped grassy area
and a levee trail.
The acquisition will result in a total loss of 33 RV and camping sites. This is based on the
appraise/s estimate, which will be explained in more detail later in the report. However, five of
these sites are excluded due to the circulation road falling outside of the property boundaries in
the Before situation (five of the current sites would be lost in the before if the circulation road
were reconfigured to be entirely on the subject site). Therefore, we have considered only the loss
of 28 sites to be compensable. The loss of 28 total sites represents a loss of about 18% of the
property's total capacity; relative to only the RV sites, this represents a roughly 12% loss. A
surnmary of the sites assumed to impacted before and after is as follows:
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Ref. No. 37357 - Seattle/Tacoma KOA, Kent, WA Neighborhood Description and Market Analysis t g
Before
. Count
less sites in
RoarlROW
Before
Count take
After
Count
Full Hookups
50 Amp-No Cable
50 Arnp-Cable
Cable
'Water&Electric
Elecbic Tent
Tent-no services
Other (PL,GZ)
62
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lt
34
15
10
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-J
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0
0
-1
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0
0
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I
l4
11
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4
4
I
0
48
15
ll
34
10
5
6
27
TOTAL: 189 -5 184 28 156
Excluding "Other":
RV only (includes WE):
t62
138
-5
-4
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13il
28
16
129
118
Fair Market Value Definition
The purpose of this appraisal is to estimate the Fair Market Value of the fee simple estate of the
subject property both before and after the acquisition. The following definition of Fair Market
Value is from the Washington Pattern Jury Instruction 150.08:
Fair mørket aøIue meøns the amount in cash thøt ø well-informed buyer, witling but not
obliged to buy the property, would pay, ønd thnt ø well-informed seller, witting but not
obligated to sell it, utould øccEt, tøking into considerøtion øII uses to which the property
is adapted or may be reøsonably ndaptøble.
Property Identification
The subject is a commercial property located in the City of Kent. The subject is known as the
Seattle f Tacoma KOA RV Park and is located at 5801 5.z1.zústreet in Kent, Washington.
Legal Description
The subject may be described as King County Assessor Parcel Number 112204-9065. Please see
the Site Map and other exhibits located within this report for a visual representation of our
understanding of the subject property boundaries.
We have not reviewed a title report and assume that there are no unapparent easements or
restrictions that affect the property to a degree that the value conclusions would be impaired.
McKee Appraisal
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Ref. No.37357 - Seattle/Tacoma KOA, Ken4 WA Neighborhood Description and MarketAnalysís ö 10
Larger Parcel
In condemnatiorç unity of ownership, contiguity, and unity of use are the three conditions that
establish the larger parcel for the consideration of severance damages. This is an appraisal of
the larger parcel.
Client, Intended Users and Intended Use
The client is john Casey of Curran Law Firm. 'Ihe intended user is client and other parties
specifically designated by the client. The intended use is solely to assist the client with decisions
regarding a potential partial acquisition of the subject property. No other use or user is
authorized.
Appraisal Methods
This appraisaf is intended to conforrn with the Uniform Standards of Professional Appraisal
Practice, and to the legal requirements and standards for eminent domain acquisition appraisals
in Washington State. The scope of this appraisal includes research and analysis of a wide range
and variety of information. The appraisal report is summary in format, documenting and
discussing the most relevant data with additional details retained in file. This appraisal
includes a number of assumptions and conditions, as documented herein.
Considering the requirements for eminent domain appraisals in Washington State, this
appraisal first addresses the value of the larger parcel "þfr4g" the acquisition, and then
analyzes the value of the same property "after" the acquisition, for the primary purpose of
estimating the change in value (the difference between the before and after values, and the basis
for just compensation for eminent domain acquisition). In summary, the value of the property is
diminished by loss of the acquired property, and this appraisal estimates the change in value.
Scope of Work
This appraisal is complete in terms of the scope of research and analysis. in the course of this
assignmen! we reviewed information regarding the subject property and the project. This
included review of the information available from the King County assessor, recorder and other
public irilormation. We also contacted officials at King County to understand the acquisitiorç
including Erik Peters, the Project Manager, and Brad Schabert, Real Property Agent, and spoke
with Cynthia Riege, Engineering Technician III, at the City of Kent regarding potential
development/reconfiguration issues. The owner provided a substantial amount of operating
history information that was reviewed and analyzed, as well. We also reviewed zoning and
legal restraints, neighborhood economics, and other relevant information from a variety of
sources.
McKee Appraisal
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Ref. No.37357 - Seattle/Tacoma KOA, Kent, WA Neighborhood Descríption and Market Analysis I 1l
All three approaches including the Cost, Sale Comparison and Income Approaches, are applied
Before and After the acquisition. The Cost Approach included research and analysis of relevant
land sale comparisons and utilization of the Marshall Cost Manual. In the Sale Comparison
Approacþ we researched numerous potential local and national sales. The comparisons were
then adjusted for market conditions and physical/functional differences to indicate a value for
the subject prapefty. The I¡rcome Approach entails research on rent comparisons, expense
comparisons, and capitalization rate indications. It also includes a comprehensive review and
analysis of past income and expenses at the subject. This data was analyzed and distilled into
forecasts used in the direct capitalization analysis. In the end, the results of the three approaches
were reconciled based on the reliability and relevance of each method.
The results of our analyses and our final value conclusions are documented in the attached
report. Overall, the scope of research and analysis in this report is adequate to support the
value conclusions.
Property Rights Appraised
The property rights appraised are a fee simple (absolute) interest in the property, subject only to
the existing easements of record and to the four powers of government in the United States
(taxation, eminent domain, police power and escheat). To the extent that the title to the property
may be divided into different interests by lease or otherwise, these separate interests are not
appraised herein.
This appraisal is of the real property only. Any trade fixtures, furniture, equipment or other
personal property is not appraised.
Unavailability of Information
We have not necessarily been provided with all of the information relevant to the appraisal
available during the course of this assignment. We specifically assume that there are no
unapparent conditions which affect the value or utility of the property, and our conclusions
could be impacted by consideration of other information.
Assumptions, Hypothetical Conditions, Limiting Conditions & furisdictional Exceptions
This appraisal is subject to the Assumptions and Limiting Conditions found at the end of this
report as well as the extraordinary assumptions, hypothetical conditions, and jurisdictional
exceptions noted in the following paragraphs. The use of extraordinary assumptions and/or
hypothetical conditions might have affected the appraiser's opinions or conclusions.
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Ref. No. 37357 - Seatüe/Tacoma KOA, Kent, WA Neighborhood Descrlptlon and Market Analysis ô 12
As an extraordinary assumptiory we have been instructed by the client to appraise the subject
property as environmentally clean. We have no specific knowledge regarding this issue, nor
have be performed any investigation.
It is our understanding that the circulation road that runs parallel to the subjecfs weste¡n
boundary is actually located within the right-of-way. The boundary line has not been enforced
and the RV park has historically used this area to complete a circulation loop through the
property. However, the proposed acquisition is located along this boundary and we have
therefore excluded the road area from our calculations since its value conkibution would be
considered non-compensable. To account for this, it is assumed that in the before condition the
subject road has been shifted onto the subject property, causing a loss of five sites, including
three full hookup sites, a water and electric site and an electric tent site. This is a hypothetical
condition that is appropriate for the purposes of this appraisal.
As a hypothetical condition, at the instruction of the client and consistent with State law, in the
valuation of the property after the acquisition we assume that the project for which the property
is acquired is completed and operational as of the effective date of value.
Please note that the After valuation assumes that the property has been reconfigured and is
fully operational as of the date of value. It is prior to consideratíon of potential damages to the
remainder in the form of costs to cure. These issues have not been resolved at the time of
appraisal and we do not have reliable cost estimates to account for the reconfiguration costs.
Therefore, as an extraordinary assumptiory we assume that the property will be reconfigured
and the remaining RV/camping sites will be functional in the After condition, at no cost to the
owner.
As a jurisdictional exception to USPAP, at the instruction of the client, in the valuation of the
properly before the acquisition, we have disregarded any decrease or increase in the fair market
value of the real property caused by the project for which the property is to be acquired, or by
the likelfüood that the property would be acquired for the project, other than that due to
physical deterioration within the reasonable control of the owner. We have also disregarded
general benefits and. non-compensable damages in the valuation of the property.
This appraisal has been made in conformity *ith the appropriate State laws, regulations and
policies and procedures applicable to appraisal of properties for such purposes. To the best of
my knowledge no portion of the value assigned to the property consists of items which are non-
compensable under established State law.
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Ref- No. 37357 - Seattle/Tacoma KOA, Kent, WA Neighborhood Description and Market Analysis 0 13
S-Year Sales History & Current Status
The subject is currently owned by Recreational Advenfures Company. We are not aware of any
other sales of the subject within the 5 years prior to this appraisal. The property is not currently
listed for sale, and we are not aware of any purchase options/ agreements of sale, unsolicited
oÍfers, or other direct indications of value for the subject.
Reasonable Exposure Time
The value conclusion in this report is as of the effective date of this apprais al, and assumes that
a reasonable "exposure time" has preceded that effective date. Thus the value conclusion is
consistent with expected transaction on the effective date of the appraisal after prior exposure.
Based on the subjecfs specific characteristics and the marketing history of the comparable sales,
it is our conclusion that a reasonable exposure period for the suþect is one year or less, and the
value conclusions presented in this report are consistent with that time frame.
Effective Date of Value
I|i4ay 12,201.6
Report Date
June19,2017
McKee Appraisal
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EXHIBIT H
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
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CURRANLAWFIRIVT
T 253 852 2345
F 253 852 2030
F 253 859 8037
Curran Law Firm P.S.
555 West Sm¡th Street
Post Off¡ce Box 140
Kent, WA 98035-0't40
cu rranf¡rm.com
July 2,2015
Christie True
Director, Natural Resources and Parks
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Re: Russell Road Levee, Kent KOA- Parcel112204-9065
Dear Ms. True:
This is to acknowledge receipt of your letterdated June 3, 2015 containing an offerto purchase
a fee interest and easement in my clients' land described above. RecreationalAdventures Co.
(RAC) is a national in scope, family-owned business that has significant experience in
campground operations and ownership. This property, which they callthe Seattle-Tacoma
KOA, is a smaller but still highly lucrative site for RAC, and is a gem given that it is one of the
few, if any, day camping parks in the Seattle area.
RAC has considered your offer but hereby respectfully rejects it. The company will consult with
an appraiser and other experts to consider its options.
ln shot1, RAC believes that your proposed take will impact about 30 sites in the campground,
which is twenty percent of the total number of sites. Loss of that amount of revenue will remove
the profit margin on the campground, as the operational expenses will decrease only
incrementally. ln addition, your taking destroys the turnarounds at the end of the driving lanes,
which are required to support the large RVs that routinely use the park. That must be mitigated.
For these and other reasons, the offer is rejected.
Sincerely,
W FIRM P.S
nM sey
Brad Schabert, King C
Justin Cutler
Al Johnson
A PROF ESS I ONAL S ERVI CE CA RPORATI ON
Serving our community since 7948.
cc
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EXHIBIT I
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
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ORDINARY HIGH WATER (OHW) AND WETLAND
BOUNDARY DELINEATIONS FROM CONFLUENCE
ENVIRONMENTAL COMPANY, JULY 21st 20I6"
NOTES
LOWER RUSSELL LEVEE SETBACK PROJECT
NORTH END DETAILS
FILE: G:\ENVIROMENTAL\09-30O7 LOWER LOWESTRUSSELL RD LEVEE\DWGÊXHIBITS\KOA\O,-3OO7 KOA PROPER7Ir'.DWG
PRINT DATE: 6/14/2018 8:21 AM
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To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
Ë
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NOTES:
1. ORD|NARY HtcH WATER (OHW) AND WETLAND
BOUNDARY DELINEATIONS FROM CONFLUENCE
ENVIRONMENTAL COMPANY, JULy 2i st 2016.
LOWER RUSSELL LEVEE SETBACK PROJECT
NORTH END DETAILS
I 10:11 AM
TION.DWG
PRINT DATE: 6/5/201FILE: G:\ENVIROMENTALIOÙ-3O07 LOWER LOI¿IESTRUSSEL L RD LEVEffiWGIEXHIBITSIKOAW}-3Ì17 KOA PROPERTY ALLOCA
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To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
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Exh¡bit K
Authorized Replacement I mprovements
The following improvements are authorized for the Replacement Property:
See design in Exhibit O, attached.
lnternal roadways/utilities
lnternal roadways as needed for site access, and utilities to provide amenities listed/shown in
attached Exhibit O.
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EXHIBIT L
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
Ë
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After recording return document to
City Clerk
City of Kent
220 4th Avenue South
Kent, WA 98032
Document Title: Warranty Deed
Reference Number of Related Document: N/A
Grantor(s): Recreational Adventures Co.
Grantee(s): City of Kent
Legal Description: See attached Exhibit A
Assessor's Tax Parcel Number: 112204-9065
WARRANTY DEED
(GRNA/KOA PROPERTY/PROJECT 09-3007)
The Grantor(s) Recreational Adventures Co., a South Dakota corporation, for and in
consideration of the sum of TEN AND NOi100 ($10.00) Dollars, and other valuable
consideration, hereby convey(s) and warrant(s) to the City of Kent, a Washington municipal
corporation Grantee, the following described real property situated in King County, in the
State of Washington, under the imminent threat of the Grantee's exercise of its rights of
Eminent Domain:
For legal description and additional conditions
See Exhibit A attached hereto and made aparthereof.
LPA-302
lo/2014
Pdcct No. 09-3007
Parcel No. ll22t4-9065Page l ofO Pages
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\ryARRANTY DEED
It is undcrstood and agreed that delivery ofthis deed is hereby tendered and that thc
terms and obligations hereof shall not become binding upon the City of Kent unless and until
acccptcd and approved hereon in writing for the (City of Kcnt, by its authorized agent.
Date:
Name
Name
STATE OF WASHINGTON )
:ss
county of
---*)
On this day of
--
before me personally appeared
to me known to be the fPresident. Secretary"
Treasurcr)of the corporation that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and pu{poses therein mentioned, and on oath stated
that ftelshe is) lthev are) authorized to execute said instrumcnt.
GIVEN under my hand and official seal the day and year last abovc written.
(sEAL)
Notary Public in and for the State of
Washington, residing at
My commission expircs
LPA-302
rct2ot4
Page 2 ofO Pages Parcel No. 112204-9465
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WARRANTY DEED
Acknowledgment
Accepted and Approved
City of Kent
By:
Timothy J. LaPorte, Public Works Director
Authorized Signature
Dated:
LPA-302
10nat4
Page 3 ofO Pages Parcel No. lt22O4-9A65
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WARRANTY DEED
Grantor's Initials
Grantor's Initials
EXHIBIT A
EXHIBIT A-1
LPA.3O2
IA/2014
Pagc 4 ofO Pagcs Parcel No. 112204-9065
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EXHtBtrÀ
TAX LOT 1 122049065
THAT PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 1 1, TOWNS HIP L2NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST OUARTER OF SAID
SECTION 11, FROM WHICH THË NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS N00"48,1 3,8 2652.28 FEET; THENCE ALONG THE SOUTH L]NE oF SAID
NORÏHEAST QUARTER N89"17'40"W 1313.40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAIO NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OFsAlD WEST HALF N00"54'54'E 99s.28 FEET; THENCE NBg"1z'40,W 144a.oz FEET To THE
SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO EARL M, MCLAUGHLIN,
ET UX BY DEE0 RECORDËD UNDER RECORDING NO. 5059977; THENCE CONTINUINGN89"17'4a'w 866.43 FEET To THE polNT oF BEGINNtNG; THENCE coNTtNUtNG
N89"17'40'W 139.36 FEET, MORE OR LESS TO THE EAST LINE OF COUNTY ROAD NO, S(NOW RUSSELL ROAD); THENCE NORTHERLY ALONG THE EASTERLY LINE oF sAID
ROAD TO ITS POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF COUNTY ROAD
NO.:22 (NOW SOUTH 212rH STREET), AS SAID ROAD EXTSTED ON SEeTEMBËR 8, 1966;
THENCE EASTERLY ALONG SAID SOUÎHERLY LINE TO A POINT THAT LIES N06"28'49"E
FROM THE PoINT oF BEctNNtNG; THËNCE so6"2g'49"w 37s,go FEET To rHE polNT oF
BEGINNING.
EXCEPT THE NORTH 30 FEET THEREOF AS CONVEYEO TO THE CITY OF KENT BY
DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6100722,
CONTAINING 33,866 SQUARE FEET, MORE OR LESS.
(BEING KNOWN AS A PORTION OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL.2OO2-
14, RECORDED UNDER RECORDING NO. 20A2A5070026S2)
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2 1
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LINE TABLE
I
I
L1 - N89"17?0"W- 13'13.40'
L2 - N00'54',54'8 - 995.28'
L3 - N89'17',40"W- 1440.02'
L4 - N89"17',40"W - 866.43',
Ls - N89"t7'40"W- 139.36'
TAX LOT
1 122049065
IJJ
(t
brf
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EASÏ
L4 L3 E wÍ
TAX LOT
11220490',t5
rN SE
NE
'r/
POS SE GOR
NE QTRwl
L1
N SOUTH LINE 11 12
NE
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
SÍREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
Project #09-300 /
L5
33,866
SQ. FT
RIGHT OF WAY
ACQUISITION
DRAWN BY: CMW
SCALE: 1"=100'
LOCATED IN GOVERNMENT LOTS 1
ANÐ 2, SECTION 1 1, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M,C]TY OF KtrNT
LAND SURVF]Y SECTION
KENT
DATE: 0710212018
EXHIBIT
Ê1
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EXHIBIT M
To
City of Kent/Recreat¡onal Adventures Co.
Land Exchange Agreement
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WHEN RECORDED RETURN TO:
King County Property Services Division
500A King County Administration Building
500 Fourth Avenue
Seattle, WA 98104
DOCUMENT TITLE: Inspection, Maintenance and Utilities Easement
REFERENCE NUMBER OF RELATED DOCUMENT:
GRANTOR(S): Recreational Adventures Co., a South Dakota corporation
GRANTEE(S): King County Flood Control Zone District
ABBREVIATED LEGAL DESCRIPTION: Portion of GL's 1 and 2, Sec. 22, T 22
N.o R9 4 EWM
ASSESSOR'S TAx PARCEL NUMBER(S): f 12204-9065
PROJECT NAM E: GRNA/KOA/O9-3OO7
INSPECTION, MAINTENITNCE AND UTILITIES EASEMENT
For valuable consíderation, receipt of which is hereby acknowledged, the GRANTOR,
Recreational Adventures Co., a South Dakota corporation and owner in fee of that
certain parcel of land (the "Property"), legally described as follows:
SEE EXHIBIT "A" ATTACHED
hereby grants to City of Kent, a Washington municipal corporation, its
successors and assigns, agents and licensees (GRANTEE), a perpetual easement for
the purposes of inspection and maintenance of river bank protection and/or other
flood related works; and for the purpose of installing, constructing, accessing,
inspecting, maintaining and repaíring underground utilities
across, in, under, on, over and upon the Property legally described in Exhibit A
attached hereto.
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Grantee shall have the right, at such tímes as may be necessary and at the
Grantee's sole discretíon, to enter upon the Easement Area and to have unimpeded
access to, in and through the Easement Area for the purposes of exercising theGrantee's rights as described herein.
If Grantee damages the Property within the Easement Area during the exercise ofGrantee's rights under this easement, Grantee shall restore the pioperty (i.e., the
Easernent Area) to equal or better conditÍon.
The rights, conditions, and provisions of this easement shall inure to the benefit ofand be binding upon the heirs, executors, administrators, and successors in interest
and assigns of Grantor and Grantee.
GRANTOR(S):
Recreational Adventures Co., a South Dakota co rporation
By:
Its:
Date
STATE OF WASHINGTON
COUNTY OF KING
)
) ss.
)
I certify that I know or have satisfactory evidence that
person who appeared before me, and said person
this ínstrument, on oath stated that (he/she
instrument and acknowledged it as the
Co., a South Dakota corporation, to be the free
the uses and purposes mentioned in the ínstrume
Dated:
is the
acknowledged that (he/she) signed
) was authorized to execute the
of Recreatíonal Adventures
and voluntary act of such party for
nt.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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EXHIBIT A
TAX LOT 1122049A65
INSPECTION, MAINTENANCE,
AND UTILIÏY EASEMENT
THAT PORTION OF GOVERNMENT LOTS 1 AND 2 SECTION 1 1, TOWNSHIP 22 NORTH
RANGE 4 EAST, W.M , IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF
LAND 15.00 FEET IN WIDTH, THE WESTERLY LINE OF SAID STRIP DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 1 1, FROM WHIChI THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS N00'48',13"8 2652.þ FEET; THENCE ALONG THE SOUTH LtNE OF SAtD
NORTHEAST QUARTER Nq9"17'40"W 1313.40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAID NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF
SAID WEST HALF N00'54'54'E 995.28 FEET; THENCE N89"17'40"W 144A.02 FEET TO THE
SOUTHWEST CORNER OF THÈ ]_RACT OF LAND CONVEYED TO EARL M. MCLAUGHLIN,
ET UX, BY DEED RECQRDED UNDER RECORÐING NO. 5059977; THENCE coNTINUING
N89"17'4A"W 866.43 FEET TO THE POINT OF BEGINNING; THENCE N06"28'49"E 345.68
FEET TO A POINT ON THE SOUTH LINE OF THAT PORTION CONVEYED TO THE CITY OF
tltrNlf ÞV fìEEñ DCnf'\OñEfì llÀlf-lECt L¿lÀl^ fi,.'ll lñlTV DEr\/-\Dlllñl/^ Àll ltrrtÞEtr ê,1 ^^?ôô ô^tnr\Lrìr st vv¿v l\LvVl\sLsVllULl\r\ll1\7VVVlìl I l\l-rvvl\Ullì\JlYL,rlVllJl-l\UlVVl¿¿,ù¡1lu
POINT BEING THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 5.184 SOUARE FEET, MORE OR LESS.
(BEING KNOWN AS A PORTTON OF CtTy OF KENT LOT L|NE ADJUSTMENT NO. LL-20O2-,14 RECORDED UNDER RECORDING NO. 2A0205070A2682)
Ë
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LINqTAELE
L1 - N89"17'40',W - 1313.40'
L2 - N00'54',54',E - 995.28,
L3 - N89'17',40"W - 1440.02,
L4 - N89"'17',40"W - 866.43'
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TAX LOT
1 122049065I
/
//
5,184
SQ. FT SW CORNER
AF#5059977
EAST
L4 L3 wf
TAX LOT
1122A49015 N
'r/
PO SE COR
NE QTR
SE
NEwl
LI
N SOUTH LI 11 12
NE
Project #09-3007
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATÊ THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND, NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON,
INSPECTION, MAINTENANCE,
AND UTILITY EASEMENT
DRAWN BY: CMW
SCALE: 1"='100'
LOCATËD ¡N GOVERNMENT LOTS 1
AND 2, SËCT¡ON 11, TOWNSHIP 22
NORTH. RANGE 4 EAST, W.M,
CITY OF KENT
LAND SURVEY
EXHIBIT
6.A.a
Packet Pg. 97
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EXHIBIT N
To
City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
Ë
6.A.a
Packet Pg. 98
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Total Site # 1
Total Site # 2
Total Site # 3
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
t
1.
L
I
1
1
7
t
T
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1
7
Site # Month 3 Yr Total
Count
3 Yr Total
Nights
3 Yr Net
Registrations
$2,302.2o
$2,2r2.49
s2,646.92
53,217.00
S1,381.30
54,or4.7o
54,790.66
s4,792.20
52,L09.34
52,777.79
ses4.s8
s2,092.57
533,29L.74
52,062.60
s3,073.95
51,241.05
51,84L.49
$2,s96.67
54,893.7s
Sg,t+g.oo
S2,553.14
53,427.29
S2,r!0.s4
52,O92.45
52,049.70
$31,09i..63
s1,857.95
57,421.32
52,232.60
52,245.55
$g,zqø.lq
55,897.49
59,329.45
s4,600.97
s163.07
s2,381.65
s68s.0o
52,497.50
S¡o,ssg.zg
3Yr
AVG PCN
524.7s
526.66
S24.sr
$34.97
S2s.19
ss6.ss
Sss.07
54s.s2
s38.3s
S28.64
s41.s0
izt.sl
53s.01
522.42
527.9s
s2s.86
531.21
s30.ss
542.ss
ss6.24
s4s.10
S4z.3r
Szs.74
S2s.s2
522.03
s32.s6
sz}.2O
524.94
523.26
s34.ss
S49.9s
5s4.11
Sso.7o
sss.43
5s4.36
523.3s
52e.78
51s.s1
s36.31
Last Year's
PCN
533.s4
527.7e
s27.99
Ss7.88
Ss+.oz
56s.44
Sss.g+
$4t.oI
529.72
S+q.sz
s44.9s
Szo.9t
3
4
5
5
9
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32
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t2
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10
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6
3
87
3
2
3
8
72
32
27
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109
93
83
108
92
49
77
87
96
55
97
23
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951
92
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48
59
85
11s
56
52
81
82
82
93
955
92
57
96
65
65
109
184
83
3
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23
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7007
526.2L
526.t9
54e.es
529.44
534.46
Ss1.s7
Ss6.ls
Sso.oo
S4s.03
S34.89
523.79
S21.13
$2s.36
523.16
5s0.22
Ss6.14
ss6.38
5s4.42
5s4.36
523.64
s2s.83
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
3
3
3
6.A.a
Packet Pg. 99
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Site # Month 3 Yr Total
Count
3 Yr Total
Nights
Last Year's
PCN
52s.3s
53t.24
52s.77
547.s0
5s2.76
Ss2.oe
Ss4.97
ssL.22
Ss1.11
541.68
s37.93
527.67
4
4
4
4
4
4
4
4
4
4
4
4
5
5
5
5
5
5
5
5
5
5
5
5
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Jul Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
3
3
7
6
L4
31
4t
29
27
17
7
4
189
3
5
9
t2
27
40
45
32
32
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5
222
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4
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1
7
8
3
10
4
5
2
15
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32
20
10
4
3
119
93
85
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89
67
92
87
79
89
83
80
88
1053
93
70
72
58
51
88
93
82
80
88
75
85
93s
29
8
30
30
31
128
96
38
79
248
I4
82
23
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63
126
40
94
1020
3YrNet 3Yr
Registrations AVG PCN
s2,o3s.80 s21.89
s2,062.36 s24.26
53,377.86 527.92
52,692.32 S30.2s
s2,619.38 s39.10
54,747.7L 551.61
s4,8s1.30 5s5.76
$4,230.30 s53.55
54,ss7.4t 55r..21
52,692.84 532.44
s1,9s8.s1 524.48
52,229.76 525.34
538,oss.ss 536.14
s2,137.00 522.98
52,219.86 531.71
s1,971.56 527.38
s2,486.33 s42.87
52,503.06 $49.08
54,580.82 S52.05
s4,846.40 s52.11
54,180.52 S50.98
54,L13.99 5sz.t7
53,062.37 534.80
sr.,987.e1 s26.s1
$2,lss.63 Szs.36
s36,30s.4s s38.83
ss7.60 53.02
i4lr.rz Ss1.39
s6so.oo s2L.67
54tt.2o 513.71
s4s3.2o sr4.62
52,0r3j2 515.73
52,35i..40 524.49
s1",107.s3 s29.15
S2,o86.so 526.41
$g,ztg.¡g $37.r7
s66S.93 547.78
54,001.48 S48.80
51,249.77 554.31
s5,590.34 547.78
i3,tlz.sz Sso.gz
sg,zsg.e+ S29.83
5t,014.77 525.37
iz,ots.tt $22.08
536,297.43 S3s.59
=
Total Site # 4
Total Site # 5
Total Site # 6
6
6
6
6
6
527.32
s27.86
522.26
s3s.s2
Ssr.24
SsL.7z
Ss4.36
Sso.s3
sso.8s
s3s.s4
Szs.80
5zz.to
s3.02
ss1.3e
52L.67
s13.71
St4.62
526.28
544.87
542.91
s38.97
5s3.38
Ss1.11
537.18
53e.4s
522.46
7
7
7
7
7
7
7
7
7
7
7
7
Total Site # 7
6.A.a
Packet Pg. 100
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8 Jan Average
8 Feb Average
8 Mar Average
8 Apr Average
8 May Average
8 Jun Average
8 Jul Average
8 Aug Average
8 Sep Average
8 Oct Average
8 Nov Average
8 Dec Average
Total Site # 8
11 Jan Average
tl Feb Average
71 Mar Average
77 AprAverage
tL May Average
77 Jun Average
11, Jul Average
II Aug Average
17 Sep Average
tI Oct Average
77 Nov Average
7I DecAverage
Total Site # 11
72 Jan Average
tZ Feb Average
12 Mar Average
t2 AprAverage
12 May Average
72 Jun Average
t2 Jul Average
t2 Aug Average
t2 Sep Average
12 OctAverage
12 NovAverage
72 Dec Average
Total Site # 12
3YrNet 3Yr
Registrations AVG PCN
5t,6+t.q8 izz.sl
5'J-,877.40 522.09
s1,961.92 521.10
s1,691.36 s26.43
S3,s42.3s S+o.zs
53,785.i.0 5s2.57
s3,889.11 ss3.28
54,631.26 Ss1.46
$3,342.L7 S49.1s
52,3s7.66 524.06
51,906.93 S25.43
52,900.79 531.88
s33,s33.53 s34.s7
51,956.36 iZS.t+
52,277.O8 526.79
52,302.88 524.76
53,063.99 S3z.2s
52,266.06 S3s.41
52,90s.22 S4i..5o
Ss,89s.43 sso.s2
54,43L.r6 550.93
53,371.90 S40.14
s2,383.75 527.09
51,688.47 52s.20
52,348.60
'zt.96s34,890.90 sS+.Sg
5t,z9s.4o Szo.sg
52,027.60 S23.Ss
S2,ozo.9z 521.73
Sz,34o.r2 Sz4.B9
52,231.04 527.59
52,607.2s 529.63
s3,031.57 s3L.sS
52,036.08 Szo.¡o
s2,243.52 s27.36
52p4923 izq.gg
Ss46.28 59.40
Sr,9z7.76 520.51
s25,556.77 5ZZ.OZ
Site # Month 3 Yr Total
Count
3 Yr Total
Nights
Last Year's
PCN
520.s7
524.sL
522.8t
s23.82
Sa¡.oe
5s8.87
Ss3.49
Sso.z¿
ss0.es
S2o.9t
s23.33
530.84
3
3
3
6
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18
27
29
25
4
7
5
141
3
3
3
5
17
t4
19
20
11
6
3
3
707
2
3
3
3
L2
10
16
3
8
8
2
3
73
73
64
88
72
73
90
68
98
75
91
970
76
85
93
95
64
70
176
87
84
88
67
84
1009
62
85
93
94
80
88
96
100
82
118
90
94
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S26.16
S¡2.¿g
s28.ss
536.74
sso.86
Ss4.se
Ssr.s+
Ss3.3e
Sss.21
s2e.s6
S2s.oo
s24.os
527.7s
523.s0
szs.87
ss4.1s
Sso.36
$s+.zg
524.22
5s1.36
s32.ss
524.37
85
93
6.A.a
Packet Pg. 101
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Site # Month
13 Jan Average
13 Feb Average
13 Mar Average
13 AprAverage
13 May Average
13 Jun Average
13 Jul Average
13 Aug Average
13 Sep Average
13 Oct Average
13 Nov Average
L3 Dec Average
Total Site # 13
22 Jan Average
22 Feb Average
22 Mar Average
22 AprAverage
22 May Average
22 Jun Average
22 Jul Average
22 Aug Average
22 Sep Average
22 Oct Average
22 Nov Average
22 Dec Average
Total Site # 22
23 Jan Average
23 Feb Average
23 Mar Average
23 AprAverage
23 May Average
23 Jun Average
23 Jul Average
23 Aug Average
23 SepAverage
23 Oct Average
23 NovAverage
23 DecAverage
Total Site # 23
3 Yr Total
Count
3 Yr Total
Nights
3 Yr Net
Registrations
55,775.01
Si.,317.00
ssoo.oo
51,625.29
$q,zl+.tl
52,671'27
5g,oos.¡¿
54,769.62
Sg,ooo.+z
52,26r.t9
52,669.71
52,892.49
s36,251.51
52,454.48
S1,337.60
54,137.36
51,,497.36
s3,514.07
s2,510.32
54,992.16
54,ooz.z4
S3,860.70
S1,280.oo
52,391.99
s2,196.80
S¡+,rzs.os
51,640.67
S1,i.97.30
Sz,z9o.LB
S6,819.52
Ssts.tt
52,629.76
s3,146.80
56,376.20
52,319.56
53,756.54
52,L49.94
Si.,288.5s
S34,i.93.19
3Yr
AVG PCN
s36.32
Sz3.sz
s2s.81
s2s.40
s44.06
5s1.37
ss3.s1
5s1.29
S¡o.oo
54s.22
53o.6s
526.20
s37.s3
S2s.30
523.47
s2s.s4
s24.e6
s4s.0s
Sso.21
Ssa.oa
s47.26
S33.87
s2o.6s
s2s.4s
524.68
5zz.qs
523.7s
527.84
s34.70
S3s.1o
5s2.6s
549.62
Ssz.+s
ss3.14
544.61
532.11
s3s.82
S23.01
s38.se
Last Year's
PCN
Szgtq
524.46
s2s.81
523.08
542.32
Sss.so
$s2.ss
54s.88
541.ss
533.69
Szs.77
527.r9
S28.13
527.64
s28.43
544.es
Sss.s1
Ss2.s3
ss2.01
s23.ss
s26.s1
$z9.rz
SEg.ss
54o.4s
541.r2
536.7s
6
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3
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16
23
20
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2
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3
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4
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13
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31
64
97
52
67
93
100
50
87
110
966
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57
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60
78
50
93
97
11.4
62
94
89
1053
69
43
66
179
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53
60
120
52
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60
56
886
ss3.11
54s.zg
521.43
s41.16
S2z.so
6.A.a
Packet Pg. 102
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Total Site # 24
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Total Site # 25
Site # Month 3 Yr Total
Count
3 Yr Total
Nights
3 Yr Net
Registrations
53,634.22
s968.37
SL,64s.z9
54,169.I4
s1,939.94
S¡,ss¡.gz
55,r23.79
54,3L1.37
s3,167.80
53,4L1.96
5r,439.87
S2,188.28
S¡s,sos.gs
s1,465.00
51,797.7s
s4,352.69
s1,688.89
$E,zgo.sg
52,362.31
$s,ol3.qo
54,113.89
54,344.7r
s3,418.91
51,336.47
s2,692.99
535,927.70
51,988.89
52,249.08
52,344.s6
51,773.30
s939.2s
52,474.Lr
54,842.69
54,070.L9
S3,893.85
52,533.09
51,,284.44
s1,932.60
SEo,¡zo.os
3Yr
AVG PCN
s23.4s
s28.43
s27.42
s41.23
549.74
Ssz.zo
ss1.76
Sso.zo
sso.28
S39.29
527.69
S29.18
S¡s.zo
s23.63
s26.83
s3o.o2
527.24
542.06
537.s0
Sss.rs
$so.7e
s4s.73
S¡r.gz
527.84
524.48
s3s.s0
s31.oS
524.4s
52s.27
524.sS
ss2.18
Sso.4e
5s2.07
Ss2.1s
ss3.34
s33.33
523.79
s23.01
s3s.8e
Last Year's
PCN
52t.6r
52s.7L
S28.ss
sso.ss
Ss¿.¡z
Ss2.38
Sso.oo
S4s.69
S44.10
S4s.38
546.ss
53s.27
S4s.ls
5s3.8s
5s2.ls
5sg.rs
5s2.31
549.24
547.28
541.s3
SzB.67
544.27
52e.72
s3s.23
Ssg.zo
Ss1.s3
$sz.tg
521.67
s23.34
523.16
28
24
24
24
24
24
24
24
24
24
24
24
24
25
25
25
25
25
25
25
25
25
25
25
25
34
34
34
34
34
34
34
34
34
34
34
34
4
5
3
9
6
22
26
26
13
7
9
6
136
2
6
8
6
76
13
40
36
18
9
5
9
168
25
155
34
60
101
39
68
99
86
63
87
52
75
919
62
67
I45
62
78
63
92
81
95
109
48
110
7012
64
92
93
71
18
49
93
78
73
76
54
84
845Total Site # 34
3
3
3
2
8
22
n
6
2
3
116
6.A.a
Packet Pg. 103
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Site # Month
35 Jan Average
35 Feb Average
35 Mar Average
35 AprAverage
35 May Average
35 Jun Average
35 Jul Average
35 Aug Average
35 Sep Average
35 Oct Average
35 Nov Average
35 DecAverage
Total Site # 35
36 Jan Average
36 Feb Average
36 Mar Average
36 AprAverage
36 May Average
36 Jun Average
36 Jul Average
36 Aug Average
36 SepAverage
36 Oct Average
36 Nov Average
36 Dec Average
Total Site # 36
37 Jan Average
37 Feb Average
37 Mar Average
37 AprAverage
37 May Average
37 Jun Average
37 Jul Average
37 Aug Average
37 Sep Average
37 Oct Average
37 NovAverage
37 DecAverage
Total Site # 37
3 Yr Total
Count
3 Yr Total
Nights
Last Year's
PCN
S21.38
523.46
s21.18
S22.08
sso.20
549.97
Sso.¿z
$s2.s4
547.92
s4o.60
2
3
3
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19
27
34
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5
3
1.42
1.6
15
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8
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2
3
92
3
4
3
4
4
9
26
23
25
4
2
3
10T
62
85
92
82
61
78
93
80
77
140
26
92
962
25
30
25
38
60
35
75
54
80
31
81
147
68r.
67
81
91
188
ro4
29
60
98
59
92
60
92
ro27
3YrNet 3Yr
Registrations AVG PCN
51,333.36 S21.s1
$z,oto.zg 524.36
52,42r.52 526.32
s1,680.6s s20.s0
53,otq.6q Sso.4o
s3,9s7.ss sso.t+
s4,870.46 5s2.37
54,151.05 $51.89
52,886.26 S4o.6s
S4,o9o.z7 529.22
s987.60 s37.e8
s1,640.95 5L7.84
s33,to+.sg 534.47
s763.84 s3o.ss
54s4.71 51s.16
51,192.05 S47.68
51,885.16 549.61
52,9L7.37 548.62
5r,Bzz.6L isz.ot
s3,874.39 s51.66
s2,922.20 ss4.11
s2,6s0.00 s33.13
Ssso.oo 5L7.74
s1,691.56 s20.88
s1,697.99 s11.55
Szz,4z!.98 532.92
s1,360.ss s20.31
s2,109.33 s26.04
52,057.56 522.6r
56,573.77 534.97
54,246.07 540.83
s1,532.15 ss2.83
53,olq.o2 551.23
$s,oss.+o Ss1.62
s3,019.41 s51.18
s2,s78.48 s28.03
s1,413.68 s23.s6
s2,191.s6 s23.82
s35,214.98 s34.49
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s48.s6
547.78
Sss.4s
5s3.oo
s0.67
s14.9s
52s.74
$zz.t3
527.62
S40.19
s4e.8s
54t.st
s22.ss
52s.87
527.23
6.A.a
Packet Pg. 104
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Total Site # 38
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
Jan Average
Feb Average
Mar Average
Apr Average
May Average
Jun Average
Jul Average
Aug Average
Sep Average
Oct Average
Nov Average
Dec Average
3YrNet 3Yr
Registrations AVG PCN
SL,626.rr 525.81
51,373.55 529.22
53,8ss.30 533.24
s2,381.94 s2S.36
52,248.72 $tg.tt
S4,60s.53 5s2.34
54,303.23 552.48
s3,368.17 ss6.14
53,014.67 551.98
5t,479.rO 529.58
5r,494.9! S28.7s
51,326.28 521.39
53L,077.41, 537.90
56s3.28 533.01
52,L24.21 529.50
S2,863.8i.
'zs.aq51,732.90 536.87
53,1i.6.94 S43.90
53,453.07 543.7t
$4,077.91, 544.81
s3,889.49 543.22
$s,769.90 SzeJz
$r,407.r4 5zt.s9
SL,g77.02 5zo.zl
Ss16.98 Ssz.gr
s31,s22.65 s37.13
5r,174.65 Sz+.ql
ss,033.s3 532.06
51,696.43 526.93
57,Ltz.r2 S4o.1s
57,172.66 540.52
53,742.79 544.s6
$2,qoo.sz 546.16
S3,tLs.4z 54z.Lo
51,572.27 542.49
52,332.36 531.10
51,797.73 527.24
s1,003.61 526.4L
538,1s4.09 536.41
Total Site # 43
Site # Month 3 Yr Total
Count
3 Yr Total
Nights
63
47
TT6
84
58
88
82
60
58
50
52
62
820
2t
72
100
47
7T
79
91
90
L49
51
62
16
849
48
157
63
177
177
84
52
74
37
75
66
38
LO48
Last Year's
PCN
529.e4
s36.2e
s2s.81
s23.s8
s27.s8
Ssg.g+
5s2.73
Sso.z+
s4s.86
Sgs.go
53s.11
s22.99
S34.s3
s36.0s
52r.37
s3s.so
54t.oz
546.74
546.26
S4s.29
S4s.1s
s36.33
534.42
534.31
38
38
38
38
38
38
38
38
38
38
38
38
43
43
43
43
43
43
43
43
43
43
43
43
44
44
44
44
44
44
44
44
44
44
44
44
2
3
5
4
6
34
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23
T2
4
4
2
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9
L3
13
19
43
36
46
42
25
9
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4
273
2
9
18
72
28
45
26
33
18
t4
17
7
229
s34.10
Szq.zz
544.42
541.23
S44.89
540.60
S¡o.zs
s33.2s
Total Site # 44
6.A.a
Packet Pg. 105
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45 Jan Average
45 Feb Average
45 Mar Average
45 AprAverage
45 May Average
45 Jun Average
45 Jul Average
45 Aug Average
45 Sep Average
45 Oct Average
45 Nov Average
45 Dec Average
Total Site # 45
46 Jan Average
46 Feb Average
46 Mar Average
46 Apr Average
46 May Average
46 Jun Average
46 Jul Average
46 Aug Average
46 Sep Average
46 Oct Average
46 Nov Average
46 Dec Average
Total Site # 46
53 Jan Average
53 Mar Average
53 May Average
53 Jun Average
53 Jul Average
53 Aug Average
53 Sep Average
53 Oct Average
53 Nov Average
Total Site # 53
54 AprAverage
54 May Average
54 Jun Average
54 Jul Average
54 Aug Average
54 Sep Average
54 Oct Average
54 Nov Average
Total Site # 54
Site f Month 3 Yr Total
Count
4
11
74
32
35
43
42
3B
26
32
9
2
288
3
7
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13
33
45
59
45
36
27
4
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286
T
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TT
37
52
43
36
10
5
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3
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42
42
43
18
6
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3 Yr Total
N ights
25
52
78
51
61
80
94
79
79
to7
10
3
719
52
38
87
47
70
75
92
94
74
75
93
34
831
t2
t4
33
72
93
93
73
29
10
429
4
45
74
91
85
90
74
2
405
Last Year's
PCN
3YrNet 3Yr
Registrations AVG PCN
s768.7s s30.7s
51,731.88 533.31
52,394.20 530.69
s1,9s4.60 s38.33
52,603.92 542,69
s3,42r.13 542.76
54,3sr.72 546.29
$3,539.34 $44.80
s3,39s.s8 s42.98
s3,94s.60 s36.87
5312.80 531.23
s108.8s sSe.ZS
528,s28.37 539.68
s1,3s6.17 s26.oS
s97s.20 szs.66
52,572.20 iZg.St
s1,566.16 s33.32
s3,0s6.37 s43.66
S3,4ss.38 $qa.ot
54,r6s.92 S4s.2s
s4,083.93 s43.4s
53,095.23 541.83
52,888.58 S3s.51
52,670.27 528.71
s796.11 $ZZ.4Z
s30,681.s2 sge .gz
S4ss.4o S37.ss
s2s236 s20.88
51,259.25 538.16
$3,tol.ll 543.16
54,205.67 545.22
53,962.93 542.6r
52,90s.69 539.S0
ig+t.t+ 532.66
5276.02 527.60
517,472.23 540.59
s139.80 s34.9s
51,906.15 542.36
53,180.93 542.99
S4,oLL.2t 544.08
s3,617.93 s42.56
s3,373.09 $37.48
5433.e4 531.oo
$ss.go 5zz.ss
s16,718.95 s41.28
s33.8s
s36.4s
541.oo
543.eo
544.48
S46.4s
$4s.Be
S4z.os
537.6s
534.r2
536.28
532.9s
S3o.s6
534.73
544.83
542.6s
s48.29
547.s6
546.90
542.3s
537.64
531.10
s43.70
s36.30
S44.83
s46.38
s46.0s
S4o.e6
S¡¿.so
533.70
s43.32
s46.29
544.6r
544.4s
S36.43
6.A.a
Packet Pg. 106
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55 Jan Average
55 May Average
55 Jun Average
55 Jul Average
55 AugAverage
55 Sep Average
55 Oct Average
55 Nov Average
Total Site # 55
56 Jan Average
56 Apr Average
56 May Average
56 Jun Average
56 Jul Average
56 Aug Average
56 Sep Average
56 OctAverage
56 Nov Average
56 DecAverage
Total Site # 56
Site # Month 3 Yr Total
Count
3 Yr Total
Nights
3 Yr Net
Registrations
s27.9s
Sgts.gt
52,782.28
s3,795.31
53,sltqa
s7,927.59
51,,334.i,4
$144.2s
S14,558.35
5111.Ss
526.4s
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52,855.06
s3,890.89
S3,539.78
52,136.20
5418.86
S1oo.61
s28.01
S14,388.63
3Yr
AVG PCN
527.ss
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542.16
543.62
S4z.oz
S¡s.ss
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s28.8s
S4o.6t
s37.28
526.4s
s40.03
541.38
543.72
s41.16
s41.39
s3S.08
S2s.1s
528.01
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Last Year's
PCN
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542.02
s31.73
s37.28
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s40.03
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6.A.a
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EXHIBIT O
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City of Kent/Recreational Adventures Co.
Land Exchange Agreement
[See next page]
6.A.a
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
February 19, 2019
Date: February 19, 2019
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
II. PRESENTATIONS
1. Riverbend Golf Complex Business Update
Parks Director, Julie Parascondola advised that this presentation is to update
the Council on the progress of the Riverbend Golf Complex Business Plan and
that Riverbend Golf Complex Manager, Pete Peterson will give tonight's
presentation.
Peterson provided a brief history of the golf complex including information on
the:
1982 Purchase of the Par 3 Golf Course and Driving Range
1989 18-hole golf course opened
1995 Remodeled the driving range and min-putt course
2000 Parks Department took over the management and day-to-day
operation of the complex
2008 Holes 2-9 remodeled to accommodate levee improvements
2016 Riverbend drilled an irrigation well
2017 Completed first 6-year business plan
2018 City sold par 3 golf course property
The Riverbend Golf Complex consists of an 18-hole golf course, driving
range, lesson center, merchandise center and restaurant/bar.
Peterson advised the Riverbend golf complex has a full-time staff with 177
years of experience at Riverbend in addition to 36-part time and seasonal
staff.
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
February 19, 2019
Kent, Washington
Page 2 of 5
Programs include being the home course for four local high school golf
programs, supports and hosts the First Tee of Greater Seattle and the
Douglass Youth Development Junior Golf, supports the Washington State Golf
Association and Western Washington Chapter of the PGA, home course for
Riverbend men's golf club and Riverbend ladies golf association. Riverbend
offers lessons and clinics for women only and offers reduced rates for juniors,
millennials, seniors and active military.
Innovative marketing includes:
“Growing the Game” campaign
Tee it Forward tees designed for juniors, beginners and shorter hitters
Dynamic pricing structure
Doppler Deals - November through February reduced rates based on the
percent chance of rain
Tuesday morning senior men’s league
Preferred player cards
Season and monthly golf passes
Eagle, Double Eagle and Birdie cards
Kids play for FREE - Sunday afternoons with a paying adult
Millennial Madness - reduced rates for ages 18-35 during non-peak times
Riverbend 2018 Key Accomplishments
Managed within and exceeded the Business Plan goals
Transitioned the sale of the par 3 property and closure of the Par 3 Golf
Course
Initiated the Tuesday morning Senior Men's League
Initiated the Riverbend Growing the Game Campaign
Purchased a new fleet of maintenance equipment
Installed state of the art ball machine at driving range
Installation of a new point of sale system
Over 5,500 volunteer marshal hours
Over 7,000,000 range balls were hit
Over 63,500 rounds of golf were played
Riverbend Golf Complex - 2018 Financials:
2018-2023 Business Plan - Riverbend did not show profit until 2019,
dependent upon driving range expansion.
Met or exceed key business plan financial goals
Significant reactive and proactive cost management, dynamic pricing
In 2018 the Golf Enterprise Fund wrote off all past bad debt
59% of cash reserve established to help balance fund differential.
Peterson reviewed the 5-Year-round history.
Riverbend Golf Complex 2019 Work Plan Highlights:
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
February 19, 2019
Kent, Washington
Page 3 of 5
30th Anniversary of the 18-hole golf course
New restaurant coming this spring
New website coming this spring
Expansion of the "Growing the Game Campaign"
Pro Shop expansion and remodel project at the 18-hole golf course
Renovation of the landscaping around the 18-hole golf course clubhouse and
parking
Replacement on the on-course restrooms at the 18-hole golf course
Driving range expansion and remodel project tentatively scheduled to start in
the fall
Revision and updating the golf complex business plan
Councilmembers expressed their appreciation of the work of Parascondola,
Peterson, and their staff in developing and implementing the Riverbend
Business plan.
2. Traffic Congestion
Senior Long-Range Planner, Hayley Bonsteel advised that the goal of
tonight’s presentation on traffic congestion is to arm the councilmembers
with the knowledge to help them respond to constituents and make sound
decisions on this controversial topic.
Bonsteel provided a brief history on the building of the interstate system.
Bonsteel indicated that traffic congestion is a significant community concern
and reviewed myths and truths regarding congestion.
Myth: Traffic is caused by too much growth and we can fix it by building
wider roads.
The way that we grow is what causes traffic, not that we grow. The truth
about this myth is “if you build it, they will come.” Traffic = people making
choices. People make the choice to take a trip that they wouldn’t have
before. It’s called induced demand - You induce people to use something by
building it. Bonsteel provided countless examples of roadways built with the
intention to ease congestion, and traffic getting worse every time.
The true cause of traffic congestion is car- and truck-dependent land use and
infrastructure. As people whose role it is to shape the future of our city, we
must take a bigger picture viewpoint and see that we are forcing people to
drive because of policy decisions about land uses (what’s allowed to be
where) and infrastructure (how are different areas connected).
How can we use the facilities we have in the best way?
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City Council Workshop Workshop Regular
Meeting
Minutes
February 19, 2019
Kent, Washington
Page 4 of 5
Street Capacity - How can we help the greatest number of people go from A
to B safely and efficiently? We can increase the capacity of a street if we
focus our investments on modes that get people moving through the system
more efficiently.
Induced demand also means inducing different modal trips. When viadoom
was predicted, people were encouraged by the situation, news, press, etc, to
shift their habits - and it worked.
Maintenance Costs - We can’t afford to continue our car-dependent pattern
anymore. Roadway projects come with an overwhelming cost of maintaining
the system. It’s fiscally prudent to ask what the costs are of the choices
we’ve made. The result of a system where driving is mandatory - costs us all
an incredible amount of money, that we simply don’t have anymore.
Public transit travel costs are much lower than automobile costs in urban
areas. Walking and biking cost a lot of time and inflict virtually no damage on
roads and streets, and take up only a tiny fraction of the road space occupied
by vehicles.
Bonsteel provided examples of costs to human health, time and mental
health, the environment and life safety.
Bonsteel indicated we need to:
· Prioritize bike/pedestrian/transit projects. These are lower cost and come with a
higher benefit
· Rapid Ride I is coming to the East Hill and this is a real chance to change things
for our East Hill residents, particularly since light rail investments are less likely
to work for them
· Comp Plan and zoning code amendments. Land use decision making. Note the
recent opening up of downtown to light, clean manufacturing for Naden and
other opportunities. We need jobs, residents, and services to be collocated
· Densify on existing roadway infrastructure to capitalize on prior investment
· Where we’ve already widened roads and have good facilities, we should focus
growth there. New developments can contribute by filling in sidewalk gaps,
making it easier to get to transit. This will be easier when we’ve changed our TIF
and concurrency management to support Multimodal LOS, which is being
analyzed as part of the TMP process
· Densify an existing, roadway infrastructure to capitalize on prior investment
· Look for redundancies in our system and shift the priorities to better serve
different purposes.
Examples: Willis/516 and Meeker
228th and Central Avenue
Benson/116th/132nd
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City Council Workshop Workshop Regular
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Minutes
February 19, 2019
Kent, Washington
Page 5 of 5
By prioritizing truck traffic for decades = rational choice given the tax
revenues that made the rest of Kent possible
The Challenge is that places built for trucks are difficult to also make
welcoming for people.
Bonsteel indicated that the industrial valley subarea plan is likely to shift
emphasis away from truck-heavy (and people-light) warehousing and
distribution. This
Due to revenue, number of jobs, quality of jobs.
What does this need to succeed?
Manufacturing = high quality jobs = needs to attract talented workforce =
must be welcoming for people. Cool companies want cool people who want to
work in cool places with cool lunch options and happy hour spots.
We need to start rethinking the roadway space allocated to truck movement
and potentially reclaim some of the vast roadway space in the valley for
people.
So, what do we do about trucks?
De-emphasize truck mobility in our infrastructure planning and plan
pedestrian and placemaking improvements in the valley.
Bonsteel concluded with indicating we need to think about how to “solve”
traffic congestion. There is not one silver bullet: many smaller decisions
(and some big ones) can start to turn us in a more responsible, sustainable
direction. We need to shift our mindset to facilities bike/ped/transit options -
many overlapping benefits for the community in the long term.
Meeting ended at 6:37 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
February 19, 2019
Date: February 19, 2019
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
Mayor Ralph called the meeting to order.
7:01 p.m.
2. ROLL CALL
Attendee Name Title Status Arrived
Bill Boyce Council President Present
Dana Ralph Mayor Present
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
A. MOTION: Approve the agenda as submitted
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Mayor Ralph expressed her appreciation of the City employees, residents,
and community, that came together as a team to make sure we were taking
care of neighbors during the recent snow event. Mayor Ralph thanked the
residents for their patience.
1. SKCAC Industries and Employment Services Presentation
Executive Director, Debbie Meyers and representatives from SKCAC
Industries and Employment Services expressed their appreciation of the
City's supported employment program. SKCAC is a Kent, non-profit business
that empowers people with developmental disabilities through gainful
employment and community
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 2 of 9
Kent’s supported employment employees and their families expressed their
appreciation for Kent’s supported employment program.
SKAC honored the City of Kent for their inclusive hiring practices and for
partnering with SKCAC. Every resident deserves to be a part of this
community and to feel supported and valued.
2. Proclamation for Black History Month
Mayor Ralph presented the Proclamation for Black History Month to Gwen
Allen-Carston. Allen-Carston expressed her appreciation of the proclamation
and read the poem “Too Black.”
Allen-Carston invited the public to attend upcoming Kent Black Action
Commission meetings and the Juneteenth celebration on June 22, 2019 at
Morrill Meadows park.
B. Community Events
Council President Boyce advised of upcoming events at the accesso ShoWare
Center.
Councilmember Higgins wished the Kentridge Girls’ basketball team good
luck in the state tournament this weekend.
Councilmember Fincher advised of upcoming Spotlight Series Events and
the upcoming Kent Kids Arts Day at Kent Commons on March 9, 2019.
Mayor Ralph advised of the next Coffee and Conversation with the Mayor
that will be held on February 25, 2019 at 13121 Kent Kangley Road from
6-8 p.m.
C. Public Safety Report
Chief Rafael Padilla provided brief backgrounds on officers Greg Jago,
Ethan Tudor, Steve Donges, and Mark Robinson and Corrections Officer
Alicia Moses. Mayor Ralph performed the swearing ins.
Chief Padilla provided a recap of the impacts on the Police Department
from the recent snow event. Chief Padilla expressed his appreciation of
the residents and businesses.
Chief Padilla invited the public to attend the Coffee with the Chief on
February 21, 2019, 8-9 a.m. at Cravings located at 20638 84th Ave. S.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
Mayor Ralph serves on the Sound Cities Association Puget Sound Regional
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 3 of 9
Council Transportation Policy Board. During a recent meeting, the Board
heard a presentation from the Secretary of Transportation of the Washington
State Department of Transportation, Roger Millar regarding the amount of
pavement and the issue of not having enough funds to maintain those
surfaces.
Mayor Ralph indicated there was also a presentation on Washington State
ferries that included the number of passengers and the issues they are
having with the “Silver Tsumani” of retiring staff.
Mayor Ralph is the Vice President of the Sound Cities Association and
provided details regarding the recent retreat, including discussions on
regional priorities and communicating those priorities to the communities and
why we serve on these committees - if we are not out there, our voice is not
being heard. If you are not at the table then you are on the menu. Mayor
Ralph advised that at Sound Cities Association, we are setting the table.
Mayor Ralph advised of the opportunities for residents to provide public input
on the proposed locations for Sound Transit’s Operations and Maintenance
Facility. Mayor Ralph indicated the Dick’s/Lowe’s site is an important part of
the City’s vision for Midway and the transit-oriented development and that
this site should not be on the list - the Midway Landfill location is a better
suited site. In pursuit of siting the Operations and Maintenance Facility, the
scoping period is open through the end of March. One upcoming opportunity
for public input is March 20, 2019, at Highline Community College, Building 8
from 6-8 p.m.
Council President Boyce provided a recap of the two workshop presentations
from today.
Boyce advised that, along with Mayor Ralph, Chief Administrative Officer,
Derek Matheson, Councilmember Kaur, and Communications Manager Dana
Neuts, he attended meetings with state legislators regarding the City’s
legislative priorities.
Councilmember Fincher serves on the Parks and Human Services Committee
and advised that the Riverbend golf course is starting out debt-free.
Councilmember Higgins chairs the Public Works committee that will hold a
special meeting on February 25, 2019.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services. The next meeting is scheduled for
March 8th. The Council is proceeding with Senior Lobby Day on February 8th
and will speak to representatives about issues that are important to seniors
and disabled adults. Larimer indicated there are shuttle services and that
anyone looking for more information can visit AgingKingCounty.org, or call
206-684-0660.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 4 of 9
Councilmember Troutner chairs the Public Safety Committee and indicated
the meeting can be viewed online at KentWA.gov.
Troutner provided details regarding the upcoming Coffee with the Chief and
the Spring Community Police Academy that begins April 3, 2019. Visit
KentWA.gov to register.
Troutner volunteers with the City’s Cold Weather Shelter and provided a
recap of the severe cold weather shelter operations during the past snow
events.
The Severe Weather Shelter closed February 18, 2019, after being open a
record number of nights - 11! We served an average of 75 people each
night. A hot meal was served each night, from lasagna, soup, spaghetti to
chili, yakisoba, macaroni and cheese, and ham. Our amazing volunteer crew
served a hot breakfast each morning, which always included some kind of
protein. Over 600 lunches were made and distributed over the one and a half
weeks.
We could not do any of this without the support of our community! The
support was overwhelming. We had individuals dropping off supplies, food,
and donating their time, as well as groups, including the Degh Tegh
Community Kitchen A Sikh Humanitarian Effort, Latter-day Saints Church
Community, Union Gospel Mission, and Dick's Drive-In. A special Thank You
to Diane N., with the help of her neighbors and LDS church members, they
made sure we had clean pillow cases and blankets every day.
The shelter will remain active through the month of March. If the weather
changes and meets the requirements for needing a shelter, we will send out
a new email. We are hoping this last bit of record snowfall and cold weather
is behind us.
Boyce expressed appreciation of the work of Troutner and the volunteers for
the incredible amount of work they put in and for Troutner’s leadership.
Councilmember Thomas chairs the Operations Committee and indicated
details regarding today’s meeting will be available at KentWA.gov in the
minutes.
Thomas serves on the Puget Sound Regional Fire Authority Governance
Board that will meet February 20, 2019, at 5:30 p.m. at Station 78 in
Covington.
A. Chief Administrative Officer Report
Chief Administrative Officer, Derek Matheson advised of the Comcast Cable
Franchise that is on tonight’s consent agenda and indicated the City will now
work on franchises with Puget Sound Energy for power and gas services.
There is no executive session tonight, and he will be out of the office the
remainder of this week.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 5 of 9
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
Andy Massagli, a Kent resident, expressed his frustrations with over the
City’s school zone traffic safety camera program and collection process.
Massagli asked the City to stop the camera program and to stop using
Alliance One as the collection agency.
Mark Kaelin, a resident of Kent, spoke on behalf of Kentridge neighbors
and expressed concerns over the proposed parking ordinance limiting
parking in the Kentridge area neighborhoods. Kaelin requested residents
be given permits like those being issued to the Mill Creek residents.
Woodrow Gains, a resident of Kent, spoke in favor of having permits
issued to residents in the proposed Kentridge area parking zone.
J. Guadalupe Becerra Jimenez, a resident of Kent, spoke in favor of
having permits issued to residents in the proposed Kentridge area parking
zone.
Gwen Allen-Carston, a Kent resident and business owner, expressed
concerns regarding the property located at 24512 104th Ave S.E. and
asked for the City’s Code Enforcement Department to work on cleaning up
the site. Mayor Ralph advised Allen-Carston that she will follow-up with
her.
Toddy Silkman, a Kent resident of Shadow Run, spoke regarding the
proposed parking ordinance.
Helen Owns, a Kent resident, expressed concerns and indicated residents
should be able to park in front of their own homes.
Councilmember Higgins, Chair of the Public Works Committee, indicated
that the Committee recommended this ordinance after residents asking
for something to be done regarding parking in the neighborhoods around
Kentridge High School. Although the City made a good faith effort to
reach out to neighborhoods, including inviting them to participate in the
process, Higgins moved to remove the parking ordinance item 8H from
the Consent Calendar and will bring it back through Public W orks
Committee to put a permit system in place. This will give neighbors one
more opportunity to provide input.
8. CONSENT CALENDAR
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 6 of 9
Councilmember Higgins moved to remove item 8H - Ordinance Amending
Kent City Code Chapter 9.38 - Parking Restrictions from the agenda,
seconded by Fincher. The motion passed unanimously with a vote of 7-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
Move to approve the minutes.
1. Council Workshop - Workshop Regular Meeting - Feb 5, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Feb 5, 2019 7:00
PM
B. Payment of Bills - Approve
MOTION: Move to approve the payment of bills received
through 1/15/19 and paid on 1/15/19 and approve the checks
issued for payroll 1/1/19 - 1/15/19 and paid on 1/18/19
audited by the Operations Committee on 2/5/19.
C. Agreement with Vitality Group, LLC, for City's Wellness
Program - Authorize
MOTION: Authorize the Mayor to sign a contract with The
Vitality Group, LLC, to provide a wellness platform and wellness
program for an initial term of 3 years with the option to renew
automatically for a successive period of 1 year, subject to
approval of final terms and conditions by the Human Resources
Director and the City Attorney.
D. Agreement with Barokas Communications for Public/Media
Relations and Marketing to Promote the Kent Valley - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Barokas Communications to provide
public/media relations and marketing services to promote the
Kent Valley as a business destination, subject to terms and
conditions acceptable to the Economic and Community
Development Director and City Attorney.
E. Resolution Certifying the Panther Lake Annexation Sales Tax
Credit - Adopt
MOTION: Adopt Resolution No. 1978, certifying the Panther
Lake annexation sales tax credit of $6,051,710 for the period
July 1, 2019 through June 30, 2020.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 7 of 9
F. Ordinance Granting 10-Year Franchise to Comcast Cable
Communications Management, LLC - Adopt
MOTION: Adopt Ordinance No. 4310, granting Comcast Cable
Communications Management, LLC, a 10-year non-exclusive
cable television franchise; authorizing the Mayor to sign all
documents necessary to implement the full terms of the
negotiated agreement, including the Cable Franchise
Agreement, the Letter Agreement, the Settlement Agreement
and the 10-year Dark Fiber Agreement, all subject to final
terms acceptable to the City Attorney; and directing the City
Clerk to publish notice of Council’s grant of this cable franchise.
G. Set a Public Hearing Date for the Surplus and Restrictive
Covenant Removal for a Portion of the Green River Natural
Resource Area in Support of the Lower Russell Road Levee
Project
MOTION: Set March 5, 2019 as the public hearing date, and
direct the City Clerk to give notice as the law requires, for
Council to consider whether to surplus and transfer a portion of
the Green River Natural Resources Area to the owners of the
KOA Campground, and to remove any restrictive covenants that
may be necessary to allow that property transfer to occur, all in
support of the Lower Russell Road Levee Improvement Project,
and conditioned upon the City’s receipt of other land that
makes the Green River Natural Resources Area whole and
fulfills conversion requirements of existing grant agreements.
H. Agreement with Puget Sound Energy for Power Services
Upgrade for 640 Pump Station - Authorize
MOTION: Authorize the Mayor to sign a Commercial Electric
Facilities Contract with Puget Sound Energy in an amount not
to exceed $115,243.30, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
I. Puget Sound Energy Utility Easement for 640 Pressure Zone
North Pump Station No. 1 - Authorize
MOTION: Authorize the Mayor to sign all documents necessary
for an easement to Puget Sound Energy for power service on
parcel No. 1722059184 for the 640 Pressure Zone North Pump
Station, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
J. Community Services Agreement with Public Health of Seattle
and King County for a Local Hazardous Waste Management
Program Grant - Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 8 of 9
MOTION: Authorize the Mayor to accept the Local Hazardous
Waste Management Program Grant in the amount of
$82,722.52, for 2019/2020, establish a budget and authorize
expenditure of the grant funds accordingly, and authorize the
Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public
Works Director.
K. Contract with Puget Sound Energy for Electrical Services for the
Upper Mill Creek Dam - Authorize
MOTION: Authorize the Mayor to sign a Commercial Electric
Facilities Contract with Puget Sound Energy for electrical
service for the Upper Mill Creek dam for $59,983.85, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
L. Consultant Services Agreement with GeoEngineers for
Geotechnical Consulting Services for the South 224th Street
Improvements Project - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with GeoEngineers to provide geotechnical
consulting services for the South 224th Street Improvements
(88th Avenue South to 94th Place) Project in an amount not to
exceed $161,899.00, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
M. Bishop's Landing Bill of Sale - Authorize
MOTION: Authorize Mayor to accept the Bill of Sale from Hakam
Singh Grewal for Bishop's Landing, as detailed in the summary
below.
N. Clean Harbors Bill of Sale - Authorize
MOTION: Authorize the Mayor to accept the Bill of Sale from
Kemp Investments LLC, for the Clean Harbors Building, as
detailed in the summary below.
O. Accept the 2018 Plastic Markings Project as Complete -
Authorize
MOTION: Authorize the Mayor to accept the 2018 Plastic
Markings Project as complete and release retainage to Stanley
Patrick Striping Co, upon receipt of standard releases from the
State and the release of any liens.
P. Accept the Kent Memorial Park Play Area Renovation and
Wiffle® Ball Field Installation Project as Complete - Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
February 19, 2019
Kent, Washington
Page 9 of 9
MOTION: Authorize the Mayor to accept the Kent Memorial Park
Play Area Renovation and Wiffle® Ball Field Installation Project
as complete and release retainage to Harkness Construction
LLC, upon receipt of standard releases by the State and the
release of any liens.
Q. Supplemental Budget Adjustment Ordinance - Adopt
MOTION: Adopt Ordinance No. 4311, approving consolidating
budget adjustments made on December 31, 2018, reflecting an
overall budget increase of $110,560.
9. OTHER BUSINESS
None
10. BIDS
None
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:30 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Move to approve the payment of bills received through 1/31/19
and paid on 1/31/19 and approve the checks issued for payroll 1/16/19 -
1/31/19 and paid on 2/5/19 audited by the Operations Committee on
2/19/19.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Payment of BIlls (PDF)
8.B
Packet Pg. 125
3B APPROVAL OF BILLS.
----------------------------------
Audited by the Operations Committee on --2/19/2019
*Approval of payment of the bills received through-----01/31/19
and paid 01/31/19
Approval of checks issued for Vouchers:
Date Am ount
01/31/19 Wire Transfers 7781 7796 $2,567,395.24
01/31/19 Regular Checks 731556 732248 $7,169,512.14
01/31/19 Payment +101235 101260 $107,456.98
Void Checks ($362.85)
01/31/19 Use Tax Payable $6,512.07
$9,850,513.58
Approval of checks issued for Payroll:1/16/19-1/31/19
and paid 2/5/2019
Date Am ount
2/5/2019 Checks
Voids and Reissues
2/5/2019 Advices 423446 424324 $2,184,664.59
$2,184,664.59
Document Numbers
Document Numbers
CPittman 2/26/201911:41 AM -1.xls
8.B.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Reappointment to the Kent Parks and Recreation
Commission - Confirm
MOTION: Confirm reappointment of Randy Furukawa to the Kent Parks and
Recreation Commission for a three-year term.
SUMMARY: Mayor Ralph recommends reappointing Randy Furukawa to the Kent
Parks and Recreation Commission for a three-year term expiring December 31,
2022.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community
8.C
Packet Pg. 127
DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Ordinance Amending Kent City Code Chapter 6.01,
Establishing Apprenticeship Utilization Requirements -
Adopt
MOTION: Adopt Ordinance No. , adding a new section to chapter
6.01 of the Kent City Code, establishing apprenticeship utilization
requirements for public works contracts of $1 million dollars or more.
SUMMARY: The City of Kent recognizes that a well-trained construction work force
is vitally important to the economic and social vitality of the region. As journey level
construction workers retire, a new generation of skilled construction workers must
replace them. A shortage of these skilled workers limits the region’s ability to
expand the economy and could also decrease competition for City construction
projects thereby increasing bid prices.
Apprenticeship training programs provide the necessary training and experience for
individuals seeking to enter or advance in the workforce, while at the same time
offering an opportunity to earn living wages and receive benefits. The State of
Washington and many cities throughout the state have created similar
apprenticeship training programs. Establishing this program will help the City create
opportunities for individuals to get training and experience and also help ensure
that a trained work force will be available to complete future public works projects.
This ordinance requires that 15% of the total labor hours on public works projects
with an estimated construction cost greater than $1 million dollars be performed by
apprentices enrolled in a state-approved apprenticeship program. Because this
program will affect multiple departments in the City, it will be administered by the
Chief Administrative Officer. The apprenticeship requirements may be waived under
certain circumstances, for example, if there are an insufficient number of
apprentices available or if the project involves a high proportion of equipment or
materials costs compared to labor hours. The ordinance also includes penalties for
noncompliance — $10.00 for each apprenticeship hour that is not met.
BUDGET IMPACT: There will be an undetermined impact to project budgets based
on contractor bids and additional costs to administer the program. The cost would
not be considered significant in light of the total project costs for projects over $1
million.
8.D
Packet Pg. 128
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Government
ATTACHMENTS:
1. Apprentice Utilization Ordinance (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
SECONDER: Dennis Higgins, Chair
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.D
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1 Amend KCC 6.01 -
Re: Apprentice Utilization
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new section to
chapter 6.01 of the Kent City Code, establishing
apprenticeship utilization requirements for public
works contracts of $1,000,000 or more.
RECITALS
A. A well-trained, diverse workforce is critical to the economic and
social vitality of the region.
B. Journey level construction workers are retiring in numbers
greater than the number of applicants to replace them, creating shortages of
skilled construction workers impacting the region's ability to expand the
economy, decreasing competition for City construction projects and
increasing bids.
C. Apprenticeship programs are an effective means of providing
training and experience to individuals seeking to enter or advance in the
workforce, offering the unique opportunity to earn living wages and receive
excellent benefits while acquiring valuable marketable skills.
D. The experience of other agencies and jurisdictions in the region
has shown that apprenticeship programs are effective in providing training
and experience to individuals seeking to enter or advance in the workforce.
F. Actions by the Washington State Apprenticeship and Training
Council have made apprenticeships more widely available in the
8.D.a
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Re: Apprentice Utilization
construction industry, and their program goals to attract women and
minorities into their approved apprenticeship programs will provide greater
opportunities for these workers on City public works projects.
G. The use of apprentices enrolled in an apprenticeship program
approved by the Washington State Apprenticeship and Training Council
ensures proper training and compliance with employment and wage
regulation.
H. The City is committed to using training that is accepted
industry-wide so that the resulting journey workers can enter the region's
pool of skilled labor, fully qualified for the jobs throughout the industry.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment. – Chapter 6.01 KCC. Chapter 6.01 of
the Kent City Code, entitled “Public Works Contract Requirements” is
amended as follows:
Sec. 6.01.010 State law contract requirements. All public
works and improvements contracts entered into by the city shall be in
conformance with, and subject to, the following minimum provisions of the
Revised Code of Washington, which are not exclusive:
1. Chapter 39.04 RCW relating to public works.
2. RCW 35A.40.210, 35.22.620, 35.23.352, and 39.04.155
relating to competitive bidding for public works, and purchases of goods,
materials, equipment, and supplies.
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Re: Apprentice Utilization
3. RCW 9.18.120 and 9.18.150 relating to the suppression of
competitive bidding.
4. Chapter 60.28 RCW relating to liens for materials and labor
performed.
5. Chapter 39.08 RCW relating to contractor’s bonds.
6. Chapter 39.12 RCW relating to prevailing wages.
7. Chapter 49.12 RCW relating to hours of labor.
8. Chapter 51.12 RCW relating to worker’s compensation.
9. Chapter 49.60 RCW relating to antidiscrimination in
employment.
10. Chapter 39.28 RCW relating to emergency public works.
Sec. 6.01.020 Contracting and procurement process. All public
works and improvement contracts entered into by the city shall also be in
conformance with and subject to the contracting and procurement process
provided for in Chapter 3.70 KCC, unless otherwise provided.
Sec. 6.01.030 Public works apprentice program.
A. Purpose. The City of Kent recognizes that a well-trained construction
work force is critical to the ability of constructing successful public works
projects. Apprenticeship training programs are particularly effective in
providing training and experience to individuals seeking to enter or advance
in the work force. By providing for apprenticeship utilization on public works
projects, the city can create opportunities for training and experience that will
help assure that a trained work force will be available in sufficient numbers in
the future for the construction of public works projects.
8.D.a
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Re: Apprentice Utilization
B. Project Requirements.
1. Public work projects, as defined in KCC 3.70.030 and RCW
39.04.010, with an estimated construction cost greater than $1,000,000
shall require that no less than 15 percent of the labor hours performed by
workers subject to prevailing wages employed by the contractor or its
subcontractors be performed by apprentices enrolled in a state-approved
apprenticeship program.
2. The contractor may elect to meet the requirements of this
Section 6.01.030(B) as part of the work of a subcontractor, however, the
contractor shall retain the responsibility for complying with this Section.
C. Administration. The Chief Administrative Officer or his/her designee
(“CAO”) shall implement and administer this Section 6.01.030 and shall
develop and adopt procedures to implement and enforce this Section
6.01.030. The Chief Administrative Officer or his/her designee shall establish
and maintain contract specification language to implement the apprenticeship
requirement and develop and implement a system for monitoring the actual
use of apprentices on public work contracts.
D. The Chief Administrative Officer or his/her designee may waive or
adjust the apprenticeship requirements for apprentices in bid documents
under the following circumstances:
1. The apprenticeship requirement conflicts with state or federal
funding conditions, or the conditions of any other grant or funding
program;
2. An insufficient number of apprentices are available to meet
the contract requirements;
3. The project involves a high proportion of equipment and
materials costs compared to the anticipated labor hour;
8.D.a
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Re: Apprentice Utilization
4. The contractor has demonstrated that is has utilized its “best
efforts” to meet the established percentage requirement, but remains
unable to fulfill the goal; or
5. In order to meet the requirement, the contractor will be
forced to displace members of its workforce.
If waiver is appropriate, the director shall prepare a memo to the Chief
Administrative Officer or his/her designee outlining the reasons for the
requested waiver. If the Chief Administrative Officer or his/her designee
authorizes the waiver, the project may proceed without complying with the
requirements in KCC 6.01.030(B). The document evidencing the waiver
granted by the Chief Administrative Officer or his/her designee shall be
maintained with the contract on file with the city clerk’s office in
accordance with KCC 3.70.050.
E. Penalty for noncompliance.
1. A contractor or subcontractor failing to comply with the
apprenticeship requirements of this Section 6.01.030 shall be assessed a
penalty of $10.00 (ten dollars) for each hour that is not achieved.
2. An appeal of an assessed penalty shall be filed in writing with
the Chief Administrative Officer or his/her designee within ten (10) business
days of the imposition of penalties.
3. The Chief Administrative Officer or his/her designee shall either
affirm, reduce, or reverse the imposition of the penalty based upon the
specific facts and circumstances and the existence and extent of any good
faith efforts of the contractor to comply with the requirements of this
Section 6.01.030.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
8.D.a
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6 Amend KCC 6.01 -
Re: Apprentice Utilization
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 thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
__________
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.D.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Ordinance Amending Kent City Code 13.01 - Submittal of
Confidence Testing Reports - Adopt
MOTION: Adopt Ordinance No. ______, amending various sections within
Chapter 13.01 of the Kent City Code, to clarify the authority granted to the
Fire Code Official regarding the submission of annual confidence testing
reports required by the International Fire Code.
SUMMARY: Currently, the Fire Prevention Division requires and receives paper
copies of annual confidence testing reports. These reports are required by the
International Fire Code for various life safety systems, including fire sprinklers, fire
alarms, and fire doors. Staff reviews each report for accuracy and compliance,
which requires a significant time commitment. In addition to being labor intensive,
the current process requires that each report is manually filed, scanned and
imaged, to ensure compliance with the records retention schedule.
Recently, the Puget Sound Regional Fire Authority began using a new third-party
inspection software, The Compliance Engine. This software creates a portal which
the third-party confidence testing companies will be required to utilize when
submitting the code required annual testing reports. The software will eliminate all
paper processes, including filing, scanning and imaging of documents. The software
will also provide a much-needed function of tracking each of the systems and their
compliance with the codes and standards adopted by the City.
The purpose of this amendment is to clarify that the Fire Code Official has the
authority to determine the form and manner of the submission of annual confidence
testing reports.
At its February 12, 2019, meeting, the Public Safety Committee unanimously
recommended Council adopt the proposed ordinance. After the Committee
recommended adoption, the City Attorney’s Office made a few changes that did not
substantively affect the ordinance’s content. Those changes are as follows: (1)
Sections 1, 2 and 3 were revised to include the respective title names for KCC
13.01.060, KCC 13.01.070 and KCC 13.01.090; (2) The footer was revised to state
the specific amendment action; and (3) The paragraph format within the sections
were revised for clarity and consistency.
8.E
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BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government
ATTACHMENTS:
1. Ordinance Amending KCC 13.01 - Adopting Amendments to International Fire
Code (PDF)
02/12/19 Public Safety Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Toni Troutner, Bill Boyce, Les Thomas
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1 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 13.01 of the Kent City Code,
entitled “Fire Codes,” to clarify that the authority
granted to the Fire Code Official regarding
submission of annual confidence testing reports
required by the International Fire Code, includes
the authority to determine the form and manner in
which the reports are submitted.
RECITALS
A. In response to legislative amendments adopted by the State
of Washington, the Kent City Council enacted Ordinance No. 4201 on May
17, 2016, which adopted the 2015 edition of the International Fire Code.
The code provides the Fire Code Official with a wide range of tools to
ensure fire protection, including standardized requirements to help
streamline reporting and inspections.
B. To ensure fire safety, the Fire Prevention Division requires
and receives annual confidence testing reports. These reports are required
for various life safety systems, including fire sprinklers, fire alarms, and
fire doors.
C. Currently, the reports are submitted in paper form, which
requires that staff manually file, scan and image the reports. A process
that is inefficient and labor intensive.
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2 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
D. In order to improve efficiency, the Fire Code Official would
like to require electronic submissions for annual confidence testing reports.
Thus, eliminating all paper processes, to include filing, scanning and
imaging of documents.
E. This amendment is to clarify that the Fire Code Official has
the authority to determine the form and manner of the submission of the
annual confidence testing reports.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 13.01.060. Section 13.01.060 of
the Kent City Code, entitled “Amendments to the International Fire Code –
Chapter 5, Fire Service Features,” is hereby amended as follows:
Sec. 13.01.060. Amendments to the International Fire Code
– Chapter 5, Fire Service Features. The following local amendments to
Chapter 5 of the International Fire Code, entitled “Fire Service Features,”
including all amendments enacted by the state of Washington, are adopted
and incorporated into the International Fire Code as follows:
A. Fire service features – Fire apparatus access roads. Section 503 of
the International Fire Code, entitled “Fire Apparatus Access Roads,” is
hereby adopted.
B. Fire apparatus access roads – Dimensions. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.1 with the following:
Sec. 503.2.1. Dimensions. The following minimum
dimensions shall apply for fire apparatus access roads:
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3 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
1. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet
(6,096 mm), except for approved security
gates in accordance with section 503.6, and
an unobstructed vertical clearance of not
less than 13 feet 6 inches (4,115 mm).
2. Fire apparatus access road routes shall be
approved by the fire code official.
C. Fire apparatus access roads – Surface. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.3 with the following:
Sec. 503.2.3. Surface. Fire apparatus access roads shall be
constructed with a surface of asphalt, concrete, or other
approved driving surface capable of supporting the imposed
load of fire apparatus weighing at least 30 tons (27,240 kg).
D. Fire apparatus access roads – Turning radius. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.4 with the following:
Sec. 503.2.4. Turning radius. All fire apparatus access
roads shall have a 30 foot minimum inside turning radius and
a 50 foot minimum outside turning radius. The radius must be
measured from the travel lane edge, unless otherwise
approved.
E. Fire apparatus access roads – Dead ends. Section 503 of the
International Fire Code is amended by substituting subsection 503.2.5
with the following:
Sec. 503.2.5. Dead ends. Dead-end fire apparatus access
roads in excess of 150 feet (45.72 m) in length shall be
provided with an approved turnaround designed as illustrated
in the Kent Design and Construction Standards, unless
otherwise approved.
F. Fire apparatus access roads – Bridges and elevated surfaces.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by substituting subsection 503.2.6 with the following:
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4 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
Sec. 503.2.6. Bridges and elevated surfaces. Where a
bridge or an elevated surface is part of a fire apparatus access
road, the bridge or elevated surface shall be constructed and
maintained in accordance with specifications established by
the fire code official and the City’s public works director, or
their designees; at a minimum, however, the bridge or
elevated surface shall be constructed and maintained in
accordance with AASHTO Standard Specifications for Highway
Bridges. Bridges and elevated surfaces shall be designed for a
live load sufficient to carry the imposed loads of a 30 or more
ton fire apparatus, the total imposed load to be determined by
the fire code official. Vehicle load limits shall be posted at both
entrances to bridges when required by the fire code official.
Where elevated surfaces designed for emergency vehicle use
are adjacent to surfaces which are not designed for that use,
approved barriers or approved signs, or both, shall be installed
and maintained, if required by the fire code official.
G. Fire apparatus access roads – Grade. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.7 with the following:
Sec. 503.2.7. Grade. Fire apparatus access roads shall not
exceed 15 percent longitudinal and/or 6 percent laterally in
grade. Approach and departure angle for fire apparatus access
shall be as determined by the fire code official.
H. Fire apparatus access roads – Access road width with a hydrant.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.2.9:
Sec. 503.2.9. Access road width with a hydrant. Where a
fire hydrant is located on a fire apparatus access road, the
minimum road width shall be 26 feet for 20 feet on both sides
of the hydrant operating nut and shall be marked as a fire lane
per Section 503.3.
I. Fire apparatus access roads – Marking. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.3 with the following:
Sec. 503.3. Marking. Fire apparatus access roads shall be
marked whenever necessary to maintain the unobstructed
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5 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
minimum required width of roadways. Subject to the fire code
official’s prior written approval, marked fire apparatus access
roads, or “fire lanes,” may be established or relocated at the
time of plan review, pre-construction site inspection, and/or
post construction site inspection as well as any time during the
life of the occupancy. Only those fire apparatus access roads
established by the fire code official can utilize red marking
paint and the term “fire lane.” Fire lanes shall be marked as
directed by the fire code official with one or more of the
following types of markings in accordance with the Kent
Design and Construction Standards:
Sec. 503.3.1. Type 1. Type 1 marking shall be installed to
identify fire lanes on commercial and multi-family
developments or as directed by the fire code official.
Sec. 503.3.2. Type 2. Type 2 marking shall be installed to
identify fire lanes in one- and two-family dwelling
developments, or as directed by the fire code official.
Sec. 503.3.3. Type 3. Type 3 marking shall be installed to
address situations where neither Type 1 or 2 marking is
effective as determined by the fire code official.
1. Specific areas designated by the fire code
official shall be marked with diagonal
striping across the width of the fire lane.
Diagonal marking shall be used in
conjunction with painted curbs and/or edge
striping and shall run at an angle of 30 to
60 degrees from one side to the other.
These diagonal lines shall be in red traffic
paint, parallel with each other, at least 6
inches in width, and 24 inches apart.
Lettering shall occur as with Type 1
marking.
J. Fire apparatus access roads – Establishment of fire lanes. Section
503 of the International Fire Code, entitled “Fire Apparatus Access Roads,”
is amended by adding the following new subsection 503.7:
Sec. 503.7 Establishment of fire lanes. Fire lanes in
conformance with this code shall be established by the fire
code official or designee, and shall be in accordance with
503.7.1 through 503.7.8.
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6 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
Sec. 503.7.1 Obstruction of fire lanes prohibited. The
obstruction of a designated fire lane by a parked vehicle or
any other object is prohibited and shall constitute a traffic
hazard as defined in State law and an immediate hazard to life
and property.
Sec. 503.7.2 Existing fire lane signs and markings. The
following signs and markings shall be provided:
1. Signs (minimum nine -inch by 16-inch) may
be allowed to remain until there is a need
for replacement and at that time the sign
shall meet the requirements of subsection
503.3.2
2. Markings may be allowed to remain until
there is a need for repainting and at that
time the provisions outlined in 503.3 shall
be complied with.
Sec. 503.7.3 Maintenance. Fire lane markings shall be
maintained at the expense of the property owner(s) as often
as needed to clearly identify the designated area as being a
fire lane.
Sec. 503.7.4 Towing notification. At each entrance to
property where fire lanes have been designated, signs shall be
posted in a clearly conspicuous location and shall clearly state
that vehicles parked in fire lanes may be impounded, and the
name, telephone number, and address of the towing firm
where the vehicle may be redeemed.
Sec. 503.7.5 Responsible property owner. The owner,
manager, or person in charge of any property upon which
designated fire lanes have been established shall prevent the
parking of vehicles or placement of other obstructions in such
fire lanes.
Sec. 503.7.6 Violation – Penalty. Any person who fails to
mark or maintain the marking of a designated fire lane as
prescribed herein, or who obstructs or allows the obstruction
of a designated fire lane, other than the parking of a vehicle,
shall be deemed to have committed a violation. The penalty
for violation of this section shall be the monetary penalty
identified in the current fee resolution.
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7 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
Sec. 503.7.7 Violation – Civil penalty. In addition to, or as
an alternate to, the penalties specified above, a violation of
any provision of this chapter constitutes a civil violation under
Chapter 1.04 KCC for which a monetary penalty may be
assessed and abatement may be required and/or otherwise
enforced as provided therein.
Sec. 503.7.8 Impoundment. Any vehicle or object
obstructing a designated fire lane is declared a traffic hazard
and may be abated without prior notification to its owner by
impoundment pursuant to the applicable State law. The owner
or operator shall be responsible for all towing and impound
charges.
K. Fire apparatus access roads – Commercial and industrial
developments. Section 503 of the International Fire Code, entitled “Fire
Apparatus Access Roads,” is amended by adding the following new
subsection 503.8:
Sec. 503.8. Commercial and Industrial Developments.
Fire apparatus access roads serving commercial and industrial
developments shall be in accordance with Sections 503.8.1
through 503.8.3.
Sec. 503.8.1. Buildings exceeding three stories or 30
feet in height. Buildings or facilities exceeding 30 feet or
three stories in height shall have at least two means of fire
apparatus access for each structure.
Sec. 503.8.2. Buildings exceeding 62,000 square feet in
area. Buildings or facilities having a gross building area of
more than 62,000 square feet shall be provided with two
separate and approved fire apparatus access roads.
Exception: Projects. having a gross building area of up to
124,000 square feet that have a single approved fire
apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems.
Sec. 503.8.3. Remoteness. Where two access roads are
required, they shall be placed a distance apart equal to not
less than one half of the length of the maximum overall
diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved
by the fire code official and the fire chief.
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8 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
L. Fire apparatus access roads – Aerial fire apparatus access roads.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.9:
Sec. 503.9. Aerial fire apparatus roads. The fire apparatus
access roads that accommodate aerial fire apparatus shall be
in accordance with Sections 503.9.1 through 503.9.3.
Sec. 503.9.1. Where required. Buildings or portions of
buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided
with approved fire apparatus access roads that are capable of
accommodating fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire
apparatus access roadway.
Sec. 503.9.2 Width. Fire apparatus access roads shall have a
minimum unobstructed width of 26 feet, exclusive of
shoulders, in the immediate vicinity of any building or portion
of building more than 30 feet in height.
Sec. 503.9.3 Proximity to building. At least one of the
required access routes meeting this condition shall be
positioned parallel to one entire side of the building. The
location of the parallel access route shall be approved.
M. Fire apparatus access roads – Multifamily residential developments.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.10:
Sec. 503.10. Multi-family residential developments. The
fire apparatus access roads serving multi-family residential
developments shall be in accordance with Sections 503.10.1
through 503.10.23.
Sec. 503.10.1. Projects having from 100 through 200
dwelling units. Multi-family residential projects having from
100 through 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads.
Exception:
Projects having up to 200 dwelling units
may have a single approved fire apparatus
access road when all buildings, including
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9 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
nonresidential occupancies, are equipped
throughout with approved automatic
sprinkler systems installed in accordance
with Section 903.3.1.1 or 903.3.1.2.
Sec. 503.10.2. Projects having more than 200 dwelling
units. Multi-family residential projects having more than 200
dwelling units shall be provided with two separate and
approved fire apparatus access roads regardless of whether
they are equipped with an approved automatic sprinkler
system.
Sec. 503.10.3. Remoteness. Where two access roads are
required, they shall be placed a distance apart equal to not
less than one half of the length of the maximum overall
diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved
by the fire code official and the fire chief.
N. Fire apparatus access roads – One- and two-family residential
developments. Section 503 of the International Fire Code, entitled “Fire
Apparatus Access Roads,” is amended by adding the following new
subsection 503.11:
Sec. 503.11. One- and Two-family residential
developments. The fire apparatus access roads serving one-
and two-family residential developments shall be in
accordance with Section 503.11.1 and 503.11.2.
Sec. 503.11.1. Projects having more than 30 dwelling
units. Developments of one- or two-family dwellings where
the number of dwelling units exceeds 30 shall be provided with
two separate and approved fire apparatus access roads.
Exceptions:
1. Where there are more than 30 dwelling
units on a single public or private fire
apparatus access road and all dwelling units
are equipped throughout with approved
automatic sprinkler systems installed in
accordance with Section 903.3.1.1,
903.3.1.2, or 903.3.1.3 of the International
Fire Code, access from two directions shall
not be required.
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10 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
2. The number of dwelling units on a single
fire apparatus access road shall not be
increased unless fire apparatus access
roads will, within a reasonable time,
connect with future development, as
determined by the fire code official.
Sec. 503.11.2. Remoteness. Where two access roads are
required, they shall be placed a distance apart equal to not
less than one half of the length of the maximum overall
diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved
by the fire code official and the fire chief.
O. Fire apparatus access roads – Underground structures. Section 503
of the International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by adding the following new subsection 503.12:
Sec. 503.12. Underground structures. Installation of
underground structures under or within 10 feet of fire
apparatus access roads shall be designed using approved load
criteria that shall accommodate the loading of fire department
aerial apparatus unless otherwise approved.
P. Fire protection water supplies – Records. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.2.1:
Sec. 507.5.2.1. Records. Records of all system inspections,
tests and maintenance required by the referenced standard
shall be maintained on the premises for three years; copies
shall be delivered submitted in a form and manner determined
byto the fire code official within 30 calendar days of each test,
inspection, or maintenance of the system.
Q. Fire protection water supplies – Physical protection. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by substituting subsection 507.5.6 with the following:
Sec. 507.5.6. Physical protection. Where fire hydrants are
subject to impact by a motor vehicle, guard posts shall be
designed and installed in accordance with the Kent Design and
Construction Standards.
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R. Fire protection water supplies – Fire hydrant. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.7 as follows:
Sec. 507.5.7. Fire hydrant. Fire hydrants shall be designed
and installed in accordance with the local water purveyor’s
design and construction standards.
S. Fire protection water supplies – Backflow prevention. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.8 as follows:
Sec. 507.5.8. Backflow prevention. All private fire systems
shall be isolated by an approved method in accordance with
the local water purveyor.
T. Fire protection water supplies – Capacity for residential areas.
Section 507 of the International Fire Code, entitled “Fire Protection Water
Supplies,” is amended by adding a new subsection 507.6 as follows:
Sec. 507.6. Capacity for residential areas. All hydrants
installed in single family residential areas shall be capable of
delivering 1,500 gpm fire-flow over and above average
maximum demands at the farthest point of the installation.
U. Fire protection water supplies – Spacing. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.7 as follows:
Sec. 507.7. Spacing. The spacing of hydrants shall be in
accordance with Sections 507.7.1 through 507.7.5.
Sec. 507.7.1. Single family. The maximum fire hydrant
spacing serving single family residential areas shall be 600
feet as measured along the fire apparatus access road.
Sec. 507.7.2. Commercial, industrial and multi-family.
The maximum fire hydrant spacing serving commercial,
industrial, multi-family or other areas shall be 300 feet as
measured along the fire apparatus access road.
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Sec. 507.7.3. Medians. Where streets are provided with
median dividers which cannot be crossed by firefighters pulling
hose lines, hydrants shall be provided on each side of the
street and be arranged on an alternating basis, providing, on
each side of the street, no more than the maximum spacing.
Sec. 507.7.4. Arterials. Where arterial streets are provided
with four or more traffic lanes hydrants shall be provided on
each side of the street and be arranged on an alternating
basis, providing, on each side of the street, no more than the
maximum spacing.
Sec. 507.7.5. Transportation. Where new water mains are
extended along streets where hydrants are not needed for
protection of structures or similar fire problems, fire hydrants
shall be provided at a spacing not to exceed 1,000 feet to
provide for transportation hazards.
V. Fire protection water supplies – Required hydrants. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.8 as follows:
Sec. 507.8. Required hydrants. The number of hydrants
required for a building shall be based on the calculated fire-
flow. The first hydrant will be calculated for up to 1,500 gpm.
An additional hydrant will be required for every additional
1,000 gpm, or fraction thereof. The required hydrants shall be
within 600 feet of the building as measured along the fire
apparatus access roads serving the building.
W. Fire protection water supplies – Notification. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.9 as follows:
Sec. 507.9. Notification. The owner of property on which
private hydrants are located and the public agencies that own
or control public hydrants must provide the fire code official
with the following written service notifications in accordance
with 507.9.1 and 507.9.2:
Sec. 507.9.1. In-service notification. The fire code official
shall be notified when any newly installed hydrant or main is
placed into service.
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Sec. 507.9.2. Out-of-service notification. Where any
hydrant is out of service or has not yet been placed in service,
the hydrant shall be identified as being out of service and shall
be appropriately marked as out of service, by a method
approved by the fire code official.
X. Fire protection water supplies – Building permit requirements.
Section 507 of the International Fire Code, entitled “Fire Protection Water
Supplies,” is amended by adding a new subsection 507.10 as follows:
Sec. 507.10. Building permit requirements. No building
permit shall be issued until all plans required by this section
have been submitted and approved in accordance with the
provisions of this section.
No construction beyond the foundation shall be allowed until
all hydrants and mains required by this section are in place
and approved.
Section 2. – Amendment – KCC 13.01.070. Section 13.01.070 of
the Kent City Code, entitled “Amendments to the International Fire Code –
Chapter 6, Building Services and Systems,” is hereby amended as follows:
Sec. 13.01.070. Amendments to the International Fire Code –
Chapter 6, Building Services and Systems. The following local
amendments to Chapter 6 of the International Fire Code, entitled “Building
Services and Systems,” including all amendments enacted by the state of
Washington, are hereby adopted and incorporated into the International
Fire Code as follows:
A. Mechanical refrigeration – Testing of equipment. Section 606 of the
International Fire Code, entitled “Mechanical Refrigeration,” is amended by
substituting 606.6 with the following:
Sec. 606.6 Testing of equipment. Refrigeration equipment
and systems having a refrigerant circuit more than 220
pounds of Group A1 or 30 pounds of any other group
refrigerant shall be subject to periodic testing in accordance
with Section 606.6.1. A written record of the required testing
shall be maintained on the premises for a minimum of three
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years; a copy shall be sent to thesubmitted in a form and
manner determined by the fire code official within 30 calendar
days of the testing; and a label or tag shall be affixed to the
individual system identifying the date of the testing. Tests of
emergency devices or systems required by this chapter shall
be conducted by persons trained and qualified in refrigeration
systems.
B. Commercial kitchen hoods – Where required. Section 609 of the
International Fire Code, entitled “Commercial Kitchen Hoods,” is amended
by adding the following subsections to section 609.2:
Sec. 609.2.2. Permit Required. Permits shall be required as
set forth in Section 105.6.
Sec. 609.2.3. Approved drawing. The stamped and
approved cook line drawing shall be displayed adjacent to the
suppression system pull station prior to the final inspection.
The approved drawing shall be maintained and available for
inspection.
C. Commercial kitchen hoods – Records. Section 609 of the
International Fire Code, entitled “Commercial Kitchen Hoods,” is amended
by substituting subsection 609.3.3.3 with the following:
Sec. 609.3.3.3 Records. Records for inspections shall state
the individual and company performing the inspection, a
description of the inspection, and the date on which the
inspection took place. Records for cleanings shall state the
individual and company performing the cleaning and the date
on which the cleaning took place. Such records shall be
completed after each inspection or cleaning, and maintained
on the premises for a minimum of three years; a copy shall be
sent tosubmitted in a form and manner determined by the fire
code official within 30 days of the inspection or cleaning.
Section 3. – Amendment – KCC 13.01.090. Section 13.01.090 of
the Kent City Code, entitled “Amendments to the International Fire Code –
Chapter 9, Fire Protection Systems,” is hereby amended as follows:
Sec. 13.01.090. Amendments to the International Fire Code –
Chapter 9, Fire Protection Systems. The following local amendments to
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15 Amend KCC 13.01 -
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Chapter 9 of the International Fire Code, entitled “Fire Protection Systems,”
including all amendments enacted by the state of Washington, are hereby
adopted and incorporated into the International Fire Code as follows:
A. Fire protection systems – Scope and application. Section 901 of the
International Fire Code, entitled “General,” is amended by supplementing
subsection 901.1 with the following:
Sec. 901.1. Scope and application. The provisions of this
chapter shall apply to all occupancies and buildings, shall
specify where fire protection systems are required, and shall
apply to the design, installation, inspection, operation, testing,
and maintenance of all fire protection systems; however,
nothing contained in this chapter shall diminish or reduce the
requirements of any duly adopted building codes, including
state and local amendments, or other city ordinances,
resolutions, or regulations. In the event of any conflict in
requirements among these codes, ordinances, resolutions, or
regulations, the more stringent provision shall apply.
B. Fire protection systems – Records. Section 901 of the International
Fire Code, entitled “General,” is amended by substituting 901.6.2 with the
following:
Sec. 901.6.2. Records. Records of all system inspections,
tests and maintenance required by the referenced standards
shall be maintained on the premises for three years; copies
shall be deliveredsubmitted to in a form and manner
determined by the fire code official within 30 calendar days of
each test, inspection, or maintenance of the system; and a
label or tag shall be affixed to the individual system identifying
the date of the scheduled confidence test.
C. Fire protection systems – General. Section 901 of the International
Fire Code, entitled “General,” is amended by adding the following new
subsection 901.11:
Sec. 901.11. Emergency contacts. It shall be the
responsibility of the owner of any monitored fire protection
system to provide and maintain a minimum of three
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16 Amend KCC 13.01 -
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emergency contacts that are capable of responding to the
system location with their monitoring company.
D. Fire protection systems – Definitions. Section 902 of the
International Fire Code, entitled “Definitions,” is amended by adding the
following to the list in subsection 902.1:
PROBLEMATIC FIRE PROTECTION SYSTEM
E. Automatic sprinkler systems – Where required. Section 903 of the
International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by supplementing subsection 903.2 with the following:
Sec. 903.2. Where required. Approved automatic fire
sprinkler systems shall be installed as follows:
1. In all buildings without adequate fire flow.
Exception: Miscellaneous Group U Occupancies.
2. All new buildings and structures regulated
by the International Building Code requiring
2,000 gallons per minute or more fire flow,
or with a gross floor area of 10,000 or more
square feet (929 m2), or where this code
provides a more restrictive floor/fire area
requirement, and shall be provided in all
locations or where described by this code.
Exception: Spaces or areas in telecommunications
buildings used exclusively for
telecommunications equipment, associated
electrical power distribution equipment,
batteries, and standby engines, provided
those spaces or areas are equipped
throughout with an automatic smoke
detection system in accordance with Section
907.2 and are separated from the remainder
of the building by not less than 1 hour fire
barriers constructed in accordance with
Section 707 of the International Building
Code or not less than 2 hour horizontal
assemblies constructed in accordance with
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Section 712 of the International Building
Code, or both.
3. Where this code requires the installation of
an automatic sprinkler system to protect an
occupancy within an otherwise non-
sprinklered building, then automatic
sprinkler protection will be required
throughout the entire building.
4. When the required fire apparatus access
roadway grade is 12 percent or greater.
F. Automatic sprinkler systems – Speculative use warehouses. Section
903 of the International Fire Code, entitled “Automatic Sprinkler Systems,”
is amended by adding the following new subsection 903.2.9.3:
Sec. 903.2.9.3. Speculative use warehouses. Where the
occupant, tenant, or use of the building or storage commodity
has not been determined or it is otherwise a speculative use
warehouse or building, the automatic sprinkler system shall be
designed and installed to protect not less than Class IV non-
encapsulated commodities on wood pallets, with no solid,
slatted, or wire mesh shelving, and with aisles that are 8 feet
or more in width and up to 20 feet in height.
G. Automatic sprinkler systems – Check valve. Section 903 of the
International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by adding a new subsection 903.3.8 as follows:
Sec. 903.3.8. Check valve. All automatic sprinkler system
risers shall be equipped with a check valve.
H. Automatic sprinkler systems – Riser room access. Section 903 of
the International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by adding a new subsection 903.7 as follows:
Sec. 903.7. Riser room access. All risers shall be located in
a dedicated room with an exterior door, and with lighting and
heat for the room.
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18 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
I. Fire alarm and detection systems – General. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by substituting subsection 907.1.3 with the following:
Sec. 907.1.3. Equipment. Systems and their components
shall be listed and approved for the purpose for which they are
installed. All new alarm systems shall be addressable. Each
device shall have its own address and shall annunciate
individual addresses at a UL Central Station.
J. Fire alarm and detection systems – Initiating device identification.
Section 907 of the International Fire Code, entitled “Fire Alarm and
Detection Systems,” is amended by substituting subsection 907.6.3 with
the following:
Sec. 907.6.3 Initiating device identification. The fire
alarm system shall identify the specific initiating device
address, location, device type, floor level where applicable and
status including indication of normal, alarm, trouble and
supervisory status, as appropriate.
Exception: Special initiating devices that do not support
individual device identification.
K. Fire alarm and detection systems – Records. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by substituting subsection 907.8.5.1 with the following:
Sec. 907.8.5.1. Records. Records of all system inspections,
tests and maintenance required by the referenced standards
shall be maintained on the premises for three years; a copy
shall be sent tosubmitted in a form and manner determined by
the fire code official within 30 calendar days of each test,
inspection, or maintenance of the system; and a label or tag
shall be affixed to the individual system identifying the date of
the scheduled confidence test.
L. Fire alarm and detection systems – Latched alarms. Section 907 of
the International Fire Code, entitled “Fire Alarm and Detection Systems,”
is amended by adding a new subsection 907.11 as follows:
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Sec. 907.11. Latched alarms. All signals shall be
automatically “latched” at the fire alarm control unit until their
operated devices are returned to normal condition, and the
control unit is manually reset.
M. Fire alarm and detection systems – Resetting. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by adding a new subsection 907.12 as follows:
Sec. 907.12. Resetting. All fire alarm control units shall be
reset only by an approved person.
Sec. 907.12.1. Reset code. The reset code for the fire alarm
control unit or keypad shall be 3-7-1-2-3-4. The reset code
shall not be changed without approval of the fire code official.
N. Fire alarm and detection systems – Fire alarm control unit location.
Section 907 of the International Fire Code, entitled “Fire Alarm and Detection
Systems,” is amended by adding a new subsection 907.13 as follows:
Sec. 907.13. Fire alarm control unit location. All fire alarm
control units shall be located in the riser room designed and
installed in accordance with Section 903.7, or an approved
location.
O. Smoke control systems – Written record. Section 909 of the
International Fire Code, entitled “Smoke Control Systems,” is amended by
substituting 909.20.2 with the following:
Sec. 909.20.2. Written record. The records shall include the
date of the maintenance, identification of the servicing
personnel and notification of any unsatisfactory condition and
the corrective action taken, including parts replacement. The
written record of smoke control system testing and
maintenance shall be maintained on the premises for three
years and copies shall be deliveredsubmitted in a form and
manner to determined by the fire code official within 30
calendar days of each test or maintenance of the system; and
a label or tag shall be affixed to the individual system
identifying the date of the scheduled testing.
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20 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
P. Fire protection systems – Signs. Section 912 of the International
Fire Code, entitled “Fire Department Connections,” is amended by
substituting 912.5 with the following:
Sec. 912.5. Signs. Fire department connections shall be
clearly identified in an approved manner.
All fire department connections shall have an approved sign
attached below the Siamese clapper. The sign shall specify the
type of water-based fire protection system, the structure, and
the building areas served.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage.
March 5, 2019
DANA RALPH, MAYOR Date Approved
ATTEST:
March 5, 2019
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
March 8, 2019
Date Published
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21 Amend KCC 13.01 -
Re: Submittal of Confidence Testing Reports
APPROVED AS TO FORM:
______
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.E.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Ordinance Amending Chapter 9.02 of the Kent City Code –
“Criminal Code” - Adopt
MOTION: Adopt Ordinance No. ______, amending the Criminal Code found
in Chapter 9.02 of the Kent City Code to adopt by reference, new civil
infractions and misdemeanor crimes enacted by the State Legislature in
2016, 2017 and 2018; to adopt other crimes that were previously adopted
by the State Legislature but not adopted into the Kent City Code; and to
make other housekeeping revisions consistent with the Revised Code of
Washington titles.
SUMMARY: Generally speaking, cities have the responsibility to enforce and
prosecute misdemeanor and gross misdemeanor crimes that occur within their
respective city limits. However, the City of Kent can only enforce and prosecute
through its Municipal Court those crimes or civil infractions that Kent has expressly
adopted by ordinance, either comprehensively through individual creation and
adoption, or by reference to a state statute. While Kent has adopted some Kent-
specific crimes, the majority of its criminal code adopts by reference state crimes
enacted by the State Legislature over the years.
During its 2016, 2017 and 2018 sessions, the State Legislature adopted a number
of new laws that establish new crimes and civil infractions. Thus, it is appropriate to
amend the Kent City Code to adopt them by reference. These laws include new pre-
trial release conditions, infraction penalties for dog tethering in unsuitable
conditions, and new crimes related to cybercrime; removal of unauthorized persons
from certain premises; false swearing; extreme risk protection orders; and
knowingly failing to register an off-road vehicle and snowmobile. Before these state
laws may be applied and enforced locally through the Kent Municipal Court, they
must be adopted by the City Council and incorporated into the Kent City Code.
Additionally, in preparing this ordinance, staff compared Chapter 9.02 of the Kent
City Code with the Revised Code of Washington (“RCW”) to update previous
changes that have been made over time to the RCW titles, and to add Class C
felony crimes that were not specifically listed in the Kent City Code.
BUDGET IMPACT: None
8.F
Packet Pg. 159
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. Ordinance Amending Chapter 9.02 - Criminal Code (PDF)
02/12/19 Public Safety Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Toni Troutner, Bill Boyce, Les Thomas
8.F
Packet Pg. 160
1 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code, entitled “Criminal Code,” to:
(i) adopt by reference new civil infractions and
misdemeanor crimes enacted by the state
Legislature during its 2016, 2017 and 2018 sessions
for application and enforcement in the City of Kent;
and (ii) make other housekeeping amendments to
the criminal code to update changes made to the
Revised Code of Washington titles, adopt other
misdemeanor crimes that were not previously
adopted by specific reference and adopt Class C
felony crimes that may be used as a basis to support
the crime of criminal attempt or criminal conspiracy,
which is punishable as a gross misdemeanor.
RECITALS
A. During its 2016, 2017 and 2018 legislative sessions, the
Washington State Legislature adopted a number of bills that added new
criminal provisions to the Revised Code of Washington (“RCW”).1 The Kent
City Code has adopted by reference a number of state law provisions for
application and enforcement in the City of Kent. Once a state law is adopted
by reference into the Kent City Code, that reference is sufficient for
subsequent amendments the Legislature may make to that state law
1 These bills included new pre-trial release conditions, infraction penalties for dog tethering in unsuitable
conditions, and new crimes related to cybercrime; removal of unauthorized persons from certain
premises; false swearing; extreme risk protection orders; and knowingly failing to register an off-road
vehicle and snowmobile.
8.F.a
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2 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
provision. However, because the Legislature adopted legislation that
created new crimes that didn’t previously exist, it is necessary to amend the
Kent City Code to similarly adopt these new state law provisions by reference
for application and enforcement in Kent.
B. While updating the criminal code to add these new crimes, staff
made other housekeeping amendments to update changes made to the
Revised Code of Washington titles, and incorporated into the ordinance other
misdemeanor crimes that were not previously adopted by specific reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – Section 9.02.050. Section 9.02.050 of
the Kent City Code, entitled “RCW Title 7, entitled ‘Special Proceedings and
Actions’ – Adoption by reference,” is amended as follows:
Sec. 9.02.050. RCW Title 7, entitled “Special Proceedings and
Actions” – Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
7.21.010 Definitions.
7.21.020 Sanctions – Who may impose.
7.21.030 Remedial sanctions – Payment for losses.
7.21.040 Punitive sanctions – Fines.
7.21.050 Sanctions – Summary imposition – Procedure.
7.21.070 Appellate review.
7.80.120 Monetary penalties – Restitution.
7.80.150 Notices – Record of – Cancellation prohibited, penalty – Audit.
7.80.160 Failure to exercise notice options – Failure to satisfy penalty.
8.F.a
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3 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
7.84.060 Response to notice – Contesting determination – Mitigating
circumstances – Hearing – Failure to respond or appear –
Penalty.
7.84.100 Monetary penalties.
7.84.130 Failure to pay or complete community restitution – Penalty.
7.90.090 Burden of proof – Issuance of protection order – Remedies –
Violations.
7.90.110 Ex parte temporary sexual assault protection orders –
Issuance.
7.92.120 Ex parte temporary order for protection – Issuance.
7.92.160 Court-initiated stalking no-contact orders.
7.94.010 Purpose—Intent.
7.94.020 Definitions.
7.94.030 Petition for order.
7.94.040 Hearings on petition—Grounds for order issuance.
7.94.050 Ex parte orders.
7.94.060 Service of orders.
7.94.070 Service by publication or mail.
7.94.080 Termination and renewal of orders.
7.94.090 Firearms—Surrender.
7.94.100 Firearms—Return—Disposal.
7.94.110 Reporting of orders.
7.94.120 Penalties.
SECTION 2. – Amendment – Section 9.02.060. Section 9.02.060 of
the Kent City Code, entitled “RCW Title 9, entitled ‘Crimes and Punishments’
– Adoption by reference,” is amended as follows:
Sec. 9.02.060. RCW Title 9, entitled “Crimes and Punishments”
– Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set
forth herein in full:
RCW
9.01.055 Citizen immunity if aiding officer, scope – When.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
9.02.050 Concealing birth.
8.F.a
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4 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
9.02.120 Unauthorized abortions – Penalty.
9.02.130 Defenses to prosecution.
9.02.170 Definitions.
9.03.010 Abandoning, discarding refrigeration equipment.
9.03.020 Permitting unused equipment to remain on premises.
9.03.030 Violation of RCW 9.03.010 or 9.03.020.
9.03.040 Keeping or storing equipment for sale.
9.04.010 False advertising.
9.04.040 Advertising cures of lost sexual potency – Evidence.
9.04.050 False, misleading, deceptive advertising.
9.04.070 False, misleading, deceptive advertising – Penalty.
9.04.090 Advertising fuel prices by service stations.
9.08.030 False certificate of registration of animals – False
representation as to breed.
9.08.065 Definitions.
9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. –
Penalty.
9.08.072 Transferring stolen pet animal to a research institution –
Penalty.
9.08.074 Transferring stolen pet animal to a person who has previously
sold a stolen pet animal to a research institution – Penalty.
9.08.076 Transferring stolen pet animal to a research institution by a
U.S.D.A. licensed dealer – Penalty.
9.08.078 Illegal sale, receipt, or transfer of pet animals – Separate
offenses.
9.08.090 Acts against animal facilities.
9.12.010 Barratry.
9.12.020 Buying, demanding, or promising reward by district judge or
deputy.
9.16.005 Definitions.
9.16.010 Removing lawful brands.
9.16.020 Imitating lawful brand.
9.16.030 Counterfeit mark – Intellectual property.
9.16.035 Counterfeiting – Penalties.
9.16.041 Counterfeit items – Seizure and forfeiture.
9.16.050 When deemed affixed.
9.16.060 Fraudulent registration of trademark.
9.16.070 Form and similitude defined.
9.16.080 Petroleum products improperly labeled or graded.
9.16.100 Use of the words “sterling silver,” etc.
9.16.110 Use of words “coin silver,” etc.
9.16.120 Use of the word “sterling” on mounting.
8.F.a
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5 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
9.16.130 Use of the words “coin silver” on mounting.
9.16.140 Unlawfully marking article made of gold.
9.16.150 “Marked, stamped or branded” defined.
9.18.080 Offender a competent witness.
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding – Penalty.
9.18.150 Agreements outside state.
9.24.010 Fraud in stock subscription.
9.24.040 Corporation doing business without license.
9.26A.090 Telephone company credit cards – Prohibited acts.
9.26A.100 Definitions.
9.26A.110 Fraud in obtaining telecommunications service – Penalty.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
9.26A.140 Unauthorized sale or procurement of telephone records –
Penalties – Definitions.
9.27.015 Interference, obstruction of any court, building, or residence –
Violations.
9.35.005 Definitions.
9.35.010 Improperly obtaining financial information.
9.35.020 Identity theft.
9.35.030 Soliciting undesired mail.
9.38.010 False representation concerning credit.
9.38.015 False statement by deposit account applicant.
9.38.020 False representation concerning title.
9.38.060 Digital signature violations.
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Tampering with fire alarm or fire fighting equipment – False
alarm – Penalties.
9.41.010 Terms defined.
9.41.040 Unlawful possession of firearms – Ownership, possession by
certain persons – Restoration of right to possess – Penalty.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license – Application – Fee – Renewal.
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated – Hold on delivery.
9.41.100 Dealer licensing and registration required.
8.F.a
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6 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
9.41.110 Dealer’s licenses, by whom granted, conditions, fees –
Employees, fingerprinting and background checks – Wholesale
sales excepted – Permits prohibited.
9.41.113 Firearm sales or transfers – Background checks –
Requirements – Exceptions.
9.41.115 Penalties – Violations of RCW 9.41.113.
9.41.120 Firearms as loan security.
9.41.140 Alteration of identifying marks – Exceptions.
9.41.171 Alien possession of firearms – Requirements – Penalty.
9.41.173 Alien possession of firearms – Alien firearm license – Political
subdivisions may not modify requirements – Penalty for false
statement.
9.41.175 Alien possession of firearms – Possession without license –
Conditions.
9.41.190 Unlawful firearms – Exceptions.
9.41.220 Unlawful firearms and parts contraband.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol by person from eighteen to twenty-one.
9.41.250 Dangerous weapons – Penalty.
9.41.251 Dangerous weapons – Application of restrictions to law
enforcement, firefighting, rescue, and military personnel.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm –
Unlawful carrying or handling – Penalty – Exceptions.
9.41.280 Possessing dangerous weapons on school facilities – Penalty –
Exceptions.
9.41.290 State preemption.
9.41.300 Weapons prohibited in certain places – Local laws and
ordinances – Exceptions – Penalty.
9.41.335 Failure to register as felony firearm offender.
9.41.345 Return of privately owned firearm or concealed pistol license
by law enforcement agency—Duties—Notice—Exception.
9.41.350 Voluntary waiver of firearm rights—Procedure—Penalty—
Exemption from public disclosure.
9.41.800 Surrender of weapons or licenses – Prohibition on future
possession or licensing.
9.41.810 Penalty.
9.44.080 Misconduct in signing a petition.
9.45.060 Encumbered, leased, or rented personal property –
Construction.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
9.45.160 Fraud in liquor warehouse receipts.
8.F.a
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9.45.170 Penalty.
9.45.210 Altering sample or certificate of assay.
9.45.220 Making false sample or assay of ore.
9.45.260 Fire protection sprinkler system contractors – Wrongful acts.
9.45.270 Fraudulent filing of vehicle report of sale.
9.46.0201 “Amusement game.”
9.46.0205 “Bingo.”
9.46.0209 “Bona fide charitable or nonprofit organization.”
9.46.0213 “Bookmaking.”
9.46.0217 “Commercial stimulant.”
9.46.0221 “Commission.”
9.46.0225 “Contest of chance.”
9.46.0229 “Fishing derby.”
9.46.0233 “Fund-raising event.”
9.46.0237 “Gambling.”
9.46.0241 “Gambling device.”
9.46.0245 “Gambling information.”
9.46.0249 “Gambling premises.”
9.46.0253 “Gambling record.”
9.46.0257 “Lottery.”
9.46.0261 “Member,” “bona fide member.”
9.46.0265 “Player.”
9.46.0269 “Professional gambling.”
9.46.0273 “Punchboards,” “pull-tabs.”
9.46.0277 “Raffle.”
9.46.0282 “Social card game.”
9.46.0285 “Thing of value.”
9.46.0289 “Whoever,” “person.”
9.46.170 False or misleading entries or statements, refusal to produce
records.
9.46.185 Causing person to violate rule or regulation.
9.46.190 Violations relating to fraud or deceit.
9.46.195 Obstruction of public servant – Penalty.
9.46.196 Cheating – Defined.
9.46.1961 Cheating in the first degree.
9.46.1962 Cheating in the second degree.
9.46.198 Working in gambling activity without license as violation –
Penalty.
9.46.215 Ownership or interest in gambling device – Penalty –
Exceptions.
9.46.217 Gambling records – Penalty – Exceptions.
9.46.221 Professional gambling in the second degree.
9.46.222 Professional gambling in the third degree.
9.46.228 Gambling activities by persons under age eighteen prohibited
– Penalties – Jurisdiction – In-house controlled purchase
programs authorized.
8.F.a
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9.46.240 Gambling information, transmitting or receiving.
9.47.080 Bucket shop defined.
9.47.090 Maintaining bucket shop – Penalty.
9.47.100 Written statement to be furnished – Presumption.
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
9.51.040 Grand juror acting after challenge allowed.
9.51.050 Disclosing transaction of grand jury.
9.51.060 Disclosure of deposition returned by grand jury.
9.55.020 Witness refusing to attend legislature or committee or to
testify.
9.61.190 Carrier or racing pigeons – Injury to.
9.61.200 Carrier or racing pigeons – Removal or alteration of
identification.
9.61.230 Telephone harassment.
9.61.240 Telephone harassment – Permitting telephone to be used.
9.61.250 Telephone harassment – Offense, where deemed committed.
9.61.260 Cyberstalking.
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
9.68.015 Obscene literature, shows, etc. – Exemptions.
9.68.030 Indecent articles, etc.
9.68.050 “Erotic material” – Definitions.
9.68.060 “Erotic material” – Determination by court – Labeling –
Penalties.
9.68.070 Prosecution for violation of RCW 9.68.060 – Defense.
9.68.080 Unlawful acts.
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.
8.F.a
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9 Criminal Code Amendments -
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9.68.110 Motion picture operator or projectionist exempt, when.
9.68.130 “Sexually explicit material” – Defined – Unlawful display.
9.68.140 Promoting pornography – Class C felony – Penalties.
9.68A.011 Definitions.
9.68A.050 Dealing in depictions of minor engaged in sexually explicit
conduct.
9.68A.060 Sending, bringing into state depictions of minor engaged in
sexually explicit conduct.
9.68A.070 Possession of depictions of minor engaged in sexually explicit
conduct.
9.68A.075 Viewing depictions of a minor engaged in sexually explicit
conduct.
9.68A.080 Reporting of depictions of a minor engaged in sexually explicit
conduct – Civil immunity.
9.68A.090 Communication with minor for immoral purposes – Penalties.
9.68A.102 Promoting travel for commercial sexual abuse of a minor –
Penalty – Consent of minor does not constitute defense.
9.68A.103 Permitting commercial sexual abuse of a minor – Penalty –
Consent of minor does not constitute defense.
9.68A.110 Certain defenses barred, permitted.
9.68A.120 Seizure and forfeiture of property.
9.68A.150 Allowing minor on premises of live erotic performance –
Definitions – Penalty.
9.69.100 Duty of witness of offense against child or any violent offense
– Penalty.
9.72.090 Committal of witness – Detention of documents.
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter.
9.73.030 Intercepting, recording or divulging private communication –
Consent required – Exceptions.
9.73.050 Admissibility of intercepted communication in evidence.
9.73.070 Persons and activities excepted from chapter.
9.73.080 Penalties.
9.73.090 Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080 – Standards – Court authorizations
– Admissibility.
9.73.100 Recordings available to defense counsel.
9.73.110 Intercepting, recording, or disclosing private communications –
Not unlawful for building owner – Conditions.
9.73.230 Intercepting, transmitting, or recording conversations
concerning controlled substances or commercial sexual abuse
of a minor – Conditions – Written reports required – Judicial
review – Notice – Admissibility – Penalties.
8.F.a
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10 Criminal Code Amendments -
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9.73.260 Pen registers, trap and trace devices, cell site simulator
devices.
9.81.010 Definitions.
9.81.030 Membership in subversive organization is felony – Penalty.
9.81.110 Misstatements are punishable as perjury – Penalty.
9.86.010 “Flag,” etc., defined.
9.86.020 Improper use of flag prohibited.
9.86.030 Desecration of flag.
9.91.010 Denial of civil rights – Terms defined.
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.060 Leaving children unattended in a parked automobile.
9.91.130 Disposal of trash in charity donation receptacle.
9.91.140 Food stamps – Unlawful sale.
9.91.142 Food stamps – Trafficking.
9.91.144 Food stamps – Unlawful redemption.
9.91.150 Tree spiking.
9.91.160 Personal protection spray devices.
9.91.170 Interfering with dog guide or service animal.
9.91.175 Interfering with search and rescue dog.
9.91.180 Violent video or computer games.
9.92.020 Punishment of gross misdemeanor when not fixed by statute.
9.92.030 Punishment of misdemeanor when not fixed by statute.
9.92.040 Punishment for contempt.
9.92.080 Sentence on two or more convictions or counts.
9.94.041 Narcotic drugs, controlled substances, alcohol, marijuana,
other intoxicant, cell phone, or other form of electronic
telecommunications device—Possession, etc., by prisoners—
Penalty.
9.96.060 Misdemeanor or gross misdemeanor offenses, persons
convicted of prostitution who committed the offense as a result
of being a victim of trafficking, promoting prostitution in the
first degree, promoting commercial sexual abuse of a minor, or
trafficking in persons, or of violating a certain statute or rule
regarding the regulation of fishing—Vacating records—
Domestic violence records.
SECTION 3. – Amendment – Section 9.02.070. Section 9.02.070 of
the Kent City Code, entitled “RCW Title 9A, entitled ‘Washington Criminal
Code’ – Adoption by reference,” is amended as follows:
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11 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
Sec. 9.02.070. RCW Title 9A, entitled “Washington Criminal
Code” – Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set
forth herein in full:
RCW
9A.04.020 Purposes – Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.040 Classes of crimes.
9A.04.050 People capable of committing crimes – Capability of children.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Corporate and personal liability.
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force – When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment premises
for investigation – “Reasonable grounds” as defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children – Policy – Actions presumed
unreasonable.
9A.16.120 Outdoor music festival, campground – Detention.
9A.20.010 Classification and designation of crimes.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and
after.
9A.20.030 Alternative to a fine – Restitution.
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
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12 Criminal Code Amendments -
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9A.36.031 Assault in the third degree.
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.060 Promoting a suicide attempt.
9A.36.070 Coercion.
9A.36.080 Malicious harassment – Definition and criminal penalty.
9A.36.100 Custodial assault.
9A.36.140 Assault of a child in the third degree.
9A.36.150 Interfering with the reporting of domestic violence.
9A.36.160 Failing to summon assistance.
9A.36.161 Failing to summon assistance – Penalty.
9A.40.010 Definitions.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference – Assessment of costs – Defense –
Consent defense, restricted.
9A.40.090 Luring.
9A.40.110 Coercion of involuntary servitude.
9A.40.120 Enforcement of orders restricting contact.
9A.42.010 Definitions.
9A.42.030 Criminal mistreatment in the second degree.
9A.42.035 Criminal mistreatment in the third degree.
9A.42.037 Criminal mistreatment in the fourth degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.070 Abandonment of a dependent person in the second degree –
Exception.
9A.42.080 Abandonment of a dependent person in the third degree –
Exception.
9A.42.090 Abandonment of a dependent person – Defense.
9A.42.110 Leaving a child in the care of a sex offender.
9A.44.010 Definitions.
9A.44.020 Testimony – Evidence – Written motion – Admissibility.
9A.44.030 Defenses to prosecution under this chapter.
9A.44.060 Rape in the third degree.
9A.44.079 Rape of a child in the third degree.
9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.105 Sexually violating human remains.
9A.44.115 Voyeurism.
9A.44.120 Admissibility of child’s statement – Conditions.
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13 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145,
10.01.200, 43.43.540, 70.48.470, and 72.09.330.
9A.44.130 Registration of sex offenders and kidnapping offenders –
Procedures – Definition – Penalties.
9A.44.132 Failure to register as sex offender or kidnapping offender –
Refusal to provide DNA.
9A.44.150 Testimony of child by closed-circuit television.
9A.44.160 Custodial sexual misconduct in the first degree.
9A.44.170 Custodial sexual misconduct in the second degree.
9A.44.180 Custodial sexual misconduct – Defense.
9A.44.190 Criminal trespass against children – Definitions.
9A.44.193 Criminal trespass against children – Covered entities.
9A.44.196 Criminal trespass against children.
9A.46.010 Legislative finding.
9A.46.020 Definition – Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime –
Violation.
9A.46.050 Arraignment – No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact – Violation.
9A.46.085 Stalking no-contact orders – Appearance before magistrate
required.
9A.46.090 Nonliability of peace officer.
9A.46.100 “Convicted,” time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
9A.48.010 Definitions.
9A.48.040 Reckless burning in the first degree.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning – Defense.
9A.48.080 Malicious mischief in the second degree.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief – “Physical damage” defined.
9A.48.105 Criminal street gang tagging and graffiti.
9A.48.110 Defacing a state monument.
9A.49.001 Findings.
9A.49.010 Definitions.
9A.49.020 Unlawful discharge of a laser in the first degree.
9A.49.030 Unlawful discharge of a laser in the second degree.
9A.49.040 Civil infraction, when.
9A.49.050 Exclusions.
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9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
9A.50.060 Informational picketing.
9A.52.010 Definitions.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.095 Vehicle prowling in the first degree.
9A.52.100 Vehicle prowling in the second degree.
9A.52.105 Removal of unauthorized persons—Declaration—Liability—
Rights.
9A.52.115 Removal of unauthorized persons—Declaration form—Penalty
for false swearing.
9A.52.110 Computer trespass in the first degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime. 2
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.075 Taking motor vehicle without permission in the second degree.
9A.56.083 Theft of livestock in the second degree.
9A.56.096 Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 Theft and larceny equated.
9A.56.110 Extortion – Definition.
9A.56.130 Extortion in the second degree.
9A.56.140 Possessing stolen property – Definition – Presumption.
9A.56.160 Possessing stolen property in the second degree – Other than
firearm or motor vehicle.
9A.56.170 Possessing property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
2 RCW 9A.52.100, RCW 9A.52.120 and RCW 9A.52.130 were repealed and replaced by the newly created Washington
Cybercrime Act. See RCW 9A.90.
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9A.56.266 Unlawful sale of telecommunication device.
9A.56.270 Shopping cart theft.
9A.56.280 Credit, debit cards, checks, etc. – Definitions.
9A.56.290 Credit, payment cards – Unlawful factoring of transactions.
9A.56.320 Financial fraud – Unlawful possession, production of
instruments of.
9A.56.330 Possession of another’s identification.
9A.56.340 Theft with the intent to resell.
9A.56.350 Organized retail theft.
9A.56.360 Retail theft with special circumstances.
9A.56.370 Mail theft.
9A.56.380 Possession of stolen mail.
9A.56.390 Mail theft – Possession of stolen mail – Commission of other
crime.
9A.58.010 Definitions.
9A.58.020 Possessing, or reading or capturing, information contained on
another person’s identification document – Exceptions.
9A.60.010 Definitions.
9A.60.020 Forgery.
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
9A.60.060 Fraudulent creation or revocation of a mental health advance
directive.
9A.60.070 False academic credentials – Unlawful issuance or use –
Definitions – Penalties.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.040 Defrauding a public utility in the second degree.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
9A.64.010 Bigamy.
9A.64.020 Incest.
9A.64.030 Child selling – Child buying.
9A.68.020 Requesting unlawful compensation.
9A.68.030 Receiving or granting unlawful compensation.
9A.68.040 Trading in public office.
9A.68.050 Trading in special influence.
9A.72.010 Definitions.
9A.72.030 Perjury in the second degree.
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9A.72.040 False swearing.
9A.72.050 Perjury and false swearing – Inconsistent statements – Degree
of crime.
9A.72.060 Perjury and false swearing – Retraction.
9A.72.070 Perjury and false swearing – Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.085 Unsworn statements, certification – Standards for subscribing
to an unsworn statement.
9A.72.120 Tampering with a witness.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.023 Disarming a law enforcement or corrections officer.
9A.76.025 Disarming a law enforcement or corrections officer –
Commission of another crime.
9A.76.027 Law enforcement or corrections officer engaged in criminal
conduct.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance – Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
9A.76.177 Amber alert – Making a false or misleading statement to a
public servant.
9A.76.200 Harming a police dog, accelerant detection dog, or police horse
– Penalty.
9A.80.010 Official misconduct.
9A.82.010 Definitions.
9A.82.045 Collection of unlawful debt.
9A.82.055 Trafficking in stolen property in the second degree.
9A.82.070 Influencing outcome of sporting event.
9A.82.080 Use of proceeds of criminal profiteering – Controlling enterprise
or realty – Conspiracy or attempt.
9A.82.100 Remedies and procedures.
9A.82.120 Criminal profiteering lien – Authority, procedures.
9A.82.130 Criminal profiteering lien – Trustee of real property.
8.F.a
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17 Criminal Code Amendments -
2016, 2017, 2018 State Legislative Sessions
9A.82.160 Criminal profiteering lien – Trustee’s failure to comply, evasion
of procedures or lien.
9A.82.170 Financial institution records – Inspection and copying –
Wrongful disclosure.
9A.84.010 Criminal mischief.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9A.86.010 Disclosing intimate images.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.040 Prosecution for prostitution under RCW 9A.88.030 – Affirmative
defense.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.060 Promoting prostitution – Definitions.
9A.88.080 Promoting prostitution in the second degree.
9A.88.085 Promoting travel for prostitution.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehicle impoundment – Fees – Fines.
9A.88.150 Seizure and forfeiture.
9A.90.030 Definitions.
9A.90.040 Computer trespass in the first degree.
9A.90.050 Computer trespass in the second degree.
9A.90.060 Electronic data service interference.
9A.90.070 Spoofing.
9A.90.080 Electronic data tampering in the first degree.
9A.90.090 Electronic data tampering in the second degree.
9A.90.100 Electronic data theft.
9A.90.110 Commission of other crime.
SECTION 4. – Amendment – Section 9.02.080. Section 9.02.080 of
the Kent City Code, entitled “RCW Title 10, entitled ‘Criminal Procedure’ –
Adoption by reference,” is amended as follows:
Sec. 9.02.080. RCW Title 10, entitled “Criminal Procedure” –
Adoption by reference. The following RCW sections, as currently enacted
or as hereafter amended or recodified from time to time, are hereby adopted
8.F.a
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by reference and shall be given the same force and effect as if set forth
herein in full:
RCW
10.01.070 Corporations – Amenable to criminal process – How.
10.01.090 Corporations – Judgment against.
10.01.100 Corporations – Penalties – Fines in lieu of other punishments.
10.01.180 Fine or costs – Default in payment – Contempt of court –
Enforcement, collection procedures.
10.14.120 Disobedience of order – Penalties.
10.14.170 Criminal penalty.
10.21.015 Pretrial release program.
10.21.030 Conditions of release—Judicial officer may amend order.
10.21.045 Conditions of release—Drugs and intoxicating liquors—Testing.
10.21.050 Conditions of release—Judicial officer to consider available
information.
10.31.030 Service – How – Warrant not in possession, procedure – Bail.
10.31.040 Officer may break and enter.
10.31.050 Officer may use force.
10.31.060 Arrest by telegraph or teletype.
10.31.100 Arrest without warrant.
10.31.110 Arrest – Individuals with mental disorders.
10.66.010 Definitions.
10.66.020 When order may be issued.
10.66.040 Ex parte temporary order – Hearing – Notice.
10.66.050 Additional relief – PADT area.
10.66.090 Penalties.
10.66.100 Additional penalties.
10.66.110 Jurisdiction.
10.66.120 Venue.
10.79.040 Search without warrant unlawful – Penalty.
10.88.290 Rights of person arrested.
10.88.300 Delivery of person in violation of RCW 10.88.290 – Penalty.
10.99.010 Purpose – Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers – Training, powers, duties – Domestic
violence reports.
10.99.040 Duties of court – No-contact order.
8.F.a
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10.99.045 Appearances by defendant – Defendant’s history – No-contact
order.
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties –
Written order – Procedures – Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor’s notice to victim – Description of available
procedures.
10.99.070 Liability of peace officers.
10.99.080 Penalty assessment (as amended by 2015 c 275).
10.99.100 Sentencing – Factors – Defendant’s criminal history.
SECTION 5. – Amendment – Section 9.02.100. Section 9.02.100 of
the Kent City Code, entitled “RCW Title 16, entitled “Animals and Livestock”
– Adoption by reference,” is amended as follows:
Sec. 9.02.100. RCW Title 16, entitled “Animals and Livestock”
– Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set
forth herein in full:
RCW
16.36.116 Civil infraction – Live nonambulatory livestock – Monetary
penalty – Authorization by director – Issuance of notices –
Enforcement.
16.52.011 Definitions – Principles of liability.
16.52.015 Enforcement – Law enforcement agencies and animal care and
control agencies.
16.52.080 Transporting or confining in unsafe manner – Penalty.
16.52.085 Removal of animals for feeding and care – Examination – Notice
– Euthanasia.
16.52.090 Docking horses – Misdemeanor.
16.52.095 Cutting ears – Misdemeanor.
16.52.100 Confinement without food and water – Intervention by others.
16.52.110 Old or diseased animals at large.
16.52.117 Animal fighting – Prohibited behavior – Class C felony –
Exceptions.
16.52.165 Punishment – Conviction of misdemeanor.
16.52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16.52.190 Poisoning animals – Penalty.
8.F.a
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16.52.193 Poisoning animals – Strychnine sales – Records – Report on
suspected purchases.
16.52.200 Sentences – Forfeiture of animals – Liability for costs –Penalty
– Education, counseling.
16.52.205 Animal cruelty in the first degree.
16.52.207 Animal cruelty in the second degree – Penalty.
16.52.210 Destruction of animal by law enforcement officer – Immunity
from liability.
16.52.225 Nonambulatory livestock – Transporting or accepting delivery
– Gross misdemeanor – Definition.
16.52.300 Dogs or cats used as bait – Seizure – Limitation.
16.52.305 Unlawful use of hook – Gross misdemeanor.
16.52.310 Dog breeding – Limit on the number of dogs – Required
conditions – Penalty – Limitation of section – Definitions.
16.52.320 Maliciously killing or causing substantial bodily harm to
livestock belonging to another – Penalty.
16.52.330 Veterinarians – Animal cruelty – Liability immunity.
16.52.340 Leave or confine any animal in unattended motor vehicle or
enclosed space – Class 2 civil infraction – Officers’ authority to
reasonably remove animal.
16.52.350 Dog tethering—Penalties.
16.57.010 Definitions.
16.57.120 Removal or alteration of brand – Penalty.
16.57.260 Removal of cattle or horses from state – Inspection certificate
required.
16.57.267 Failure to present animal for inspection.
16.57.270 Unlawful to refuse assistance in establishing identity and
ownership of livestock.
16.57.280 Possession of cattle or horse marked with another’s brand –
Penalty.
16.57.405 Microchip in a horse – Removal with intent to defraud – Gross
misdemeanor.
16.57.440 Unlawful transport or delivery of cattle or horses.
16.58.170 General penalties – Subsequent offenses.
16.65.440 Penalty.
16.70.050 Violations – Penalty.
SECTION 6. – Amendment – Section 9.02.340. Section 9.02.340 of
the Kent City Code, entitled “RCW Title 46, entitled ‘Motor Vehicles’ –
Adoption by reference,” is amended as follows:
8.F.a
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21 Criminal Code Amendments -
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Sec. 9.02.340. RCW Title 46, entitled “Motor Vehicles” –
Adoption by reference. The following RCW sections, as currently enacted
or as hereafter amended or recodified from time to time, are hereby adopted
by reference and shall be given the same force and effect as if set forth
herein in full:
RCW
46.09.495 Failure to title or register an off-road vehicle—Penalty,
circumstances when.
46.10.505 Failure to register a snowmobile, circumstances when.
46.12.610 Contaminated vehicles.
46.16A.050 Registration – Requirements before issuance – Penalty – Rules.
46.16A.070 Registration – Cancellation, refusal, etc. – Appeals.
46.19.010 Criteria for natural persons – Application – Identification cards,
placards, and license plates.
46.20.091 Application – Penalty for false statement – Driving records from
and to other jurisdictions.
46.29.610 Surrender of license – Penalty.
46.29.620 Forged proof – Penalty.
46.35.030 Confidential information – Exceptions – Penalty.
46.52.130 Abstract of driving record – Access – Fee – Violations.
46.55.300 Vehicle immobilization.
46.68.010 Refunds, overpayments, and underpayments – Penalty for false
statements.
46.70.021 License required for dealers or manufacturers – Penalties.
46.70.051 Issuance of license – Private party dissemination of vehicle
database.
46.70.140 Handling “hot” vehicles – Unreported motor “switches” –
Unauthorized use of dealer plates – Penalty.
46.70.170 Penalty for violations.
46.72.100 Unprofessional conduct – Bond/insurance policy – Penalty.
46.72A.060 Insurance – Amount – Penalty.
8.F.a
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46.72A.070 Vehicle certificates – Issuance of new or duplicate certificate –
Penalty.
46.80.020 License required – Penalty.
46.80.080 Records – Penalty.
46.80.110 License penalties, civil fines, criminal penalties.
46.80.130 All storage at place of business – Screening required – Penalty.
46.80.170 Violations – Penalties.
46.82.390 Penalty.
46.87.290 Refusal, cancellation of credentials – Procedures, penalties.
SECTION 7. – 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 8. – 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 9. – Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage.
March 5, 2019
DANA RALPH, MAYOR Date Approved
ATTEST:
March 5, 2019
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
March 8, 2019
Date Published
8.F.a
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APPROVED AS TO FORM:
__________
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.F.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Condemnation Ordinance for Railroad Quiet Zone Trespass
Prevention Fencing - Adopt
MOTION: Adopt Ordinance No. , that authorizes the
condemnation of property rights necessary to construct trespass
prevention fencing for the Quiet Zone project.
SUMMARY: The City requires acquisition of easements from a number of
properties to construct fencing improvements that will deter pedestrian trespass
across railroad properties in the downtown Kent area.
Staff is working to acquire all necessary property rights through direct negotiations
with the owners. Litigated condemnation proceedings would be a last resort. So far,
negotiations seem to be proceeding without the need for formal condemnation
proceedings and the City is making every reasonable effort to avoid formal
condemnation. To maintain the schedule necessary for completion of the project,
condemnation proceedings may become necessary if negotiation efforts fail. Having
the condemnation ordinance in place at this time will reduce the time required to
file condemnation proceedings later should it become necessary.
As required by state law, notice of Council’s anticipated consideration of the
ordinance was mailed to the affected property owners on February 8, 2019. Notice
was also published in the Kent Reporter and the Seattle Times.
BUDGET IMPACT: Property acquisitions will be paid out of the capital budget for
this project which includes Utilities Transportation Commission grant funds.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Quiet Zone Condemnation Ordinance (PDF)
2. Exhibits to Ordinance (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.G
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.G
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1 Condemnation Ordinance -
Quiet Zone
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
acquisition of real property and/or property rights
located in Kent. This action is being taken in order
to establish a Railroad Quiet Zone through the City
of Kent. This ordinance provides for the
condemnation, appropriation, taking, and
damaging of real property and/or property rights as
are necessary for this purpose and provides for the
payment thereof out of the Quiet Zone Project
Fund (R00016/10-3028). This ordinance also
directs the City Attorney or designee to prosecute
the appropriate legal proceedings, together with
the authority to enter into settlements,
stipulations, or other agreements, and
acknowledges that all of the real property affected
is located within King County, Washington.
RECITALS
A. The Quiet Zone Project (the “Project”) will implement railroad
grade crossing modifications consistent with 49 CFR Parts 222 and 229,
Use of Locomotive Horns at Highway-Rail Grade Crossings, and the
Washington Utilities and Transportation Commission highway-rail grade
crossing requirements to allow the establishment of railroad Quiet Zones
on the BNSF Railroad and Union Pacific Railroad mainlines through Kent.
The establishment of a Quiet Zone will restrict the use of locomotive train
horns at highway-rail crossings under most circumstances. A Quiet Zone
may be established on a section of rail line at least one-half mile in length
8.G.a
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2 Condemnation Ordinance -
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that contains one or more consecutive public grade crossings or a single
public grade crossing.
B. The Project will include installation of fencing parallel to the
railroad tracks at certain locations and other measures to offset the risk
from locomotives not sounding horns at highway-rail grade crossings and
to enhance the quality of life for the residents and businesses by
establishing a Quiet Zone through the downtown Kent corridor.
C. To complete this portion of the Project, the City must acquire
certain property and/or property rights. Efforts by City staff are currently
ongoing to acquire the necessary property and/or property rights for this
public use through negotiation and settlement agreements.
D. In the past, staff has not typically sought formal Council
action authorizing eminent domain proceedings until negotiation efforts fail
or stall. However, timing on the Project is critical due to grant timing
issues. For this reason, staff has requested that Council authorize eminent
domain proceedings for this public use now to place the City in a position
to initiate condemnation proceedings without delay should negotiation
efforts deteriorate. It is essential that the City be prepared to initiate
condemnation proceedings so that the Project may be timely constructed.
E. Prior to Council’s action on this ordinance, the City provided
the requisite notice to property owners in the manner provided for in RCW
8.12.005 and RCW 8.25.290.
F. The public use and necessity require that the property and
property rights identified herein be condemned, appropriated and taken for
public use by the City for such purposes as it may now or hereafter declare
in the public interest.
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3 Condemnation Ordinance -
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Public Use and Necessity Declared. After receiving
the report of City staff, and after reviewing the planned improvements for
the Quiet Zone Project (“Project”), the City Council finds and declares that
the public convenience, use, health, safety, and necessity demand that
the City of Kent condemn, appropriate, take, and damage a portion of
certain real property located in King County, Washington, in order to
acquire the necessary real property and/or property rights for the
construction of the Project, including all necessary appurtenances. The
property affected by this portion of the Project is legally described in the
attached and incorporated Exhibits A1, A2, and A3 (collectively, the
“Property”). The acquisition area proposed for this portion of the Project
is broadly depicted in the attached and incorporated Exhibits B1, B2, and
B3 (collectively, the “Acquisition Area”). However, the scope and
boundary of the Acquisition Area may change concerning the Property if
engineering requires modification of the plans, and such changes are
hereby authorized. The purposes for which this condemnation is
authorized shall include, without limitation, all acts necessary to complete
the construction, improvement, alteration, maintenance, reconstruction,
and restoration of the Project, and any other municipal purpose that may
be necessary from time to time on the Property.
SECTION 2. – Condemnation Authorized. The City Council
authorizes the acquisition by condemnation of all or a portion of the
Property for the construction, improvement, alteration, maintenance, and
reconstruction of the Project, together with all necessary appurtenances
and related work to make a complete improvement according to City
standards.
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4 Condemnation Ordinance -
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SECTION 3. – Condemnation Procedures and Proceedings. The City
shall condemn the Property only upon completion of all steps and
procedures required by applicable federal or state law or regulations, and
only after just compensation has first been made or paid into court for the
owner or owners in the manner prescribed by law.
SECTION 4. – Project Fund. The City shall pay for the entire cost
of the acquisition by condemnation provided for in this ordinance through
the City’s “Quiet Zone Project” fund (R00016/10-3028) or from any of the
City’s general funds, if necessary, as may be provided by law.
SECTION 5. – City Attorney Authorized. In the event reasonable
negotiation efforts are not successful with affected property owners, or if
the timing of the Project otherwise requires, the City Attorney or his or her
designee is authorized and directed to commence those proceedings
provided by law that are necessary to condemn the Property. In
commencing these condemnation proceedings, the City Council authorizes
the City Attorney to enter into settlements, stipulations, or agreements in
order to minimize damages. These settlements, stipulations, or
agreements may include, but are not limited to, the amount of just
compensation to be paid, the size and dimensions of the property
condemned, and the acquisition of temporary construction easements and
other property interests.
SECTION 6. – Ratification. Any acts consistent with the authority
of this ordinance and prior to its effective date are ratified and affirmed.
SECTION 7. - 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.
8.G.a
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5 Condemnation Ordinance -
Quiet Zone
SECTION 8. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.G.a
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EXHIBIT
TAX LOT 2422049057
EASEMENT
THE WEST 1O FEET OF THE FOLLOWING DESCRIBED PARCEL LYING SOUTH OF THE
SOUTH LINE OF SR-516 AS ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE
NO.657500:
BEING IN LOT 7 AND IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 340 FEET WEST OF THE SOUTHWEST CORNER OF
BLOCK 21, PLAT OF YESLER'S FIRST ADDITION TO KENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY,
WASHINGTON, AND MEASURED ALONG THE NORTH BOUNDARY LINE OF W. WILLIS
ST.; THENCE NORTH AND PARALLEL TO AT A DISTANCE OF 1O FEET FROM THE
GRANTOR'S EAST BOUNDARY LINE A DISTANCE OF 842.0 FEET; THENCE WEST A
DISTANCE OF 146.89 FEET; THENCE SOUTH 5'53' EAST A DISTANCE OF 846.5 FEET TO
A POINT ON THE NORTH BOUNDARY LINE OF WILLIS STREET; THENCE EAST ALONG
THE NORTH BOUNDARY LINE OF WILLIS STREET, A DISTANCE OF 60.13 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION CONDEMNED FOR HIGHWAY PURPOSES UNDER KING
COUNTY SUPERIOR COURT CAUSE NO. 657500.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
CONTAINING 458 SQUARE FEET, MORE OR LESS
4dn
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EXHIBIT
TAX LOT 1322049102
EASEMENT
THE NORTH 1O.OO FEET AND THE WEST 5.OO FEET OF THE FOLLOWING DESCRIBED
TRACT OF LAND:
THAT PORTION OF THE NORTH 225 FEET OF THE SOUTH 703.4 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING BETWEEN
RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY AND STATE
HIGHWAY NUMBER 5, AND LYING SOUTH OF A LINE BEARING N89"56'13]'W FROM A
POINT ON THE EAST LINE OF SAID SECTION 13, SAID POINT BEING SOUTH, 727.24
FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION
13; EXGEPT THE FOLLOWING PORTION THEREOF:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE DUE SOUTH
ALONG THE EAST LINE THEREOF 657.10 FEET; THENCE N89'23'20"W 505.93 FEET TO
THE WEST LINE OF STATE ROAD NO. 5; THENCE N32"40'30"E ALONG SAID WEST LINE
7.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89"23'20"W 698.58 FEET TO A
POINT ON THE EAST LINE OF NORTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-
WAY WHICH IS SOO'51'33"W 2.01 FEET FROM THE NORTH LINE OF THE SOUTH 703.40
FEET OF SAID SUBDIVISION; THENCE 500"51'33'WALONG SAID EAST LINE 96.03 FEET;
THENCE S89"23'20"E TO THE WESTERLY LINE OF STATE ROAD NO. 5; THENCE
N32"40'30''E ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPT THE EAST 7.50 FEET, WHEN MEASURED AT RIGHT ANGLES, AS DEEDED TO
CITY OF KENT ON DECEMBER 10, 1984, UNDER KING COUNTY AUDITOR'S FILE
#8412100002.
CONTAINING 6,829 SQUARE FEET, MORE OR LESS
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EXHIBIT
TAX LOT 1322049124
EASEMENT
THE SOUTH 1O.OO FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE DUE SOUTH
ALONG THE EAST LINE THEREOF 657.10 FEET; THENCE N89"23'20"W 505.93 FEET TO
THE WEST LINE OF STATE ROAD NO. 5; THENCE N32'40'30"E ALONG SAID WEST LINE
7.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89"23'20"W 698.58 FEET TO A
POINT ON THE EAST LINE OF NORTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-
WAY WHICH IS SOO"51'33"W 2.01 FEET FROM THE NORTH LINE OF THE SOUTH 703.40
FEET OF SAID SUBDIVISION; THENCE 500"51'33'WALONG SAID EAST LINE 96.03 FEET;
THENCE 589"23'20"E TO THE WESTERLY LINE OF STATE ROAD NO. 5; THENCE
N32'40'30"E ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPT THE EAST 7.50 FEET, WHEN MEASURED AT RIGHT ANGLES, AS DEEDED TO
CITY OF KENT ON DECEMBER 10, 1984, UNDER KING COUNTY AUDITOR'S FILE
#8412100002.
CONTAINING 6,309 SQUARE FEET, MORE OR LESS
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SR 516
LOT
4 SQ. FT
#2422049057
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IMPORTANT
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Project #10-3028
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
LIABILIry IS ASSUMED BY REASON OF
RELIANCE HEREON.
LOCATED IN THE NE 1/4 OF THE SW
1/4 OF SEC 24, TOWNSHIP 22N,
RANGE 4 E, W.M.
KENT
CITY OF KENT
LAND SURVEY SECTION
EASEMENT
DRAWN BY: TLM
EXHIBITSCALE:1"=100'
DATE: 0112812019
8.G.b
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PORTION OF
THE NE 1/4 OF THE SE 1/4
OF SEC 13, TOWNSHIP 22 N,
RANGE 4 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION DATE: 01/16/2019
SCALE: 1"=100'
DRAWN BY: TLM
EASEMENT
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Project# 10-3028
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 LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
EXHIBIT
8.G.b
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l:.
PORTION OF
THE NE 1/4 OF THE SE 1/4
OF SEC 13, TOWNSHIP 22 N,
RANGE 4 E, W.M.WatHttotot
CITY OF KENT
LAND SURVEY SECTION
KENT
DATE: 01/16/2019
SCALE: 1"=100'
DRAWN BY: TLM
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Project # 1 0-3028
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 LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
EXHIBIT
8.G.b
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement with JECB LLC, for
Materials Testing for the South 224th Street Improvements
Project 88th Avenue South to 94th Place - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with JECB LLC, to provide material testing services for the South 224th
Street Improvements (88th Avenue South to 94th Place) Project in an
amount not to exceed $130,515, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: This contract is for the LID 363: South 224th Street Improvements Project
(88th Avenue South to 94th Place). This project consists of the realignment of South
88th Avenue, including a box culvert over Garrison Creek and retaining walls.
JECB will provide material/compaction testing, special inspections, rebar inspection,
concrete testing and quality control for the duration of the project.
BUDGET IMPACT: This is a budgeted item, included in funding provided by Local
Improvement District 363 and the Washington State Transportation Improvement
Board.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Consultant Services Agreement with JECB LLC (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.H
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
JECB, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and JECB, LLC organized under the laws of the State of Washington, located and
doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jaime Hicks
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide materials testing and construction inspection services for the
LID 363: S. 224th St. Project - 88th Ave. to 94th Pl. For a description, see the Consultant's
Scope of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Thirty Thousand, Five Hundred Fifteen Dollars ($130,515.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
8.H.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
8.H.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
8.H.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
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8.H.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Jaime Hicks
JECB, LLC
PO Box 832
Auburn, WA 98071
(253) 405-4654 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
JECB - 224th/Bryant
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
8.H.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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IECB
Geotechnlcal Engineertng Date: 1-22-19
Speclal Inepecdonr Projecl City of Kent -LID 363-
Materlalc Teoting S 224th Street Project
Constructlon
Crry oF KENT
220 _ Atf' Avenue S.
Kent, WA 98032-5895
Re:
Atbr:
Proposed Scope of Services Íor "2019- LID 363 - S 224tr, Street project"
Mr. Paul Kuehne, Construction Management Supervisor
After reviewing the project plans and specifications we have compiled a list of items that we feel will be
required for our successful completion of this contract. Below please find a list of services and their brief
scope that we will provide for this contract. Our personnel will perform Quality Assurance Testing and
Inspection.
Anticipated Materials Testing Services:
Field
In-place density testing of compacted Hot Mix Asphalt (HMA) (ASTM D 29s0)
In-place density testing of Soils (ASTM D 6938)
Concrete Testing- includes slump (ASTM C 143), air content (pressure method) (ASTM C 2g1),
temperature (ASTM C1.064), making compressive strength cylinders (ASTM C 31)
Inspection of reinforcing steel
Inspection of shot-crete placement- including certification of conditions for each configuration of
reinforcement and compressive strengths of core specimens.
Anticipated Construction Inspection Services :
o Asóist in onsite project oversite during construction.
¡ Review of project progress and provide daily briefing to City Construction Project Manager.o Assist in coordination between City Construction Project Manager and the Contractor.r Assist with review and coordination of project schedule.
o Verification that City of Kent Project Plans and Specifications are adhered to.o Verification that Contractors work is consistent with City of Kent Standards.o Assist in preparing traffic impact notifications to City staff.
¡ Verification that Contractor has set up adequate and safe traffic control for the task at hand.o Provide clarification to Contractor should any misunderstanding of the Project Plans and Specs arise.o Provide field measurements and assist in tracking of bid items.o Review and verify any force account work.
Our estimate includes both concrete testing and inspection of pre-cast and cast in place members, soil
density testing is assumed for backfilled materials only. We assume all subgrade soils verification, testing,
and inspection will be performed by the geotechnical engineer of record.
Phone: (253) 405-4654 Email: jecboffice@gmail.com
PO Box 832 Auburn WA98071
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EXHIBIT A 8.H.a
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Geotechnlcal Englncerlng Date: L-22-1,9
Speclal Inapectlonc Proiect Citv of Kent -LID 363-
Materialc Testing 5224ù Street Project
Conetructlon
JECB has been performing testing and inspection services in the south Puget Sound region for L5 plus years.
We have successfully completed numerous large federal, cities, and county projects with similár scope to
the current project. We are amply staffed to provide excellent services in a timely manner for this pioject
and understand the importance of flexibility when scheduling. Therefore we can respond tó last minute or
unanticipated scheduling needs promptly.
It is our approach that for our larger projects such as this one, we will assign one inspector to provide the
majority of the duties and he will directly manage any additional staff that is required foi successful
completion of the project. This in our opinion allows maximum flexibility for a successful project, provides
better communication between responsible parties, and significantly reduces any possible iort Utt " or costs
due to communication errors or scheduling issues.
If you have any questions or if JECB can be of any further assistance please call on us at (2S3) 405-4654.
Respectfu lly Submitted,
IECB
fr^.r.*;. H;¿*
Jamie Hicks
IECB
Phone: (253) 405-4654 Email: jecboffice@gmail.com
PO Box 832 Auburn W A 98071_
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Date: 1.-22-19
Projecl City of Kent -LID 363-
5224ú Street Project
Schedule of Fees & Services, SCHEDULE A
Contract only executed after specific Notice to Proceed (NTP) received from City of Kent.
IECB
Geotechnlcel Engtneertng
Speclal Inepectlons
Materiale Teating
Construction lnapectlonc
PROFESSIONAL SERVICES
Asphalt/Soils w/Densometer* * *s9s.00 per hour 720 $68,400.00
Reinforced Concrete/Rebar Inspection* * *$9s.00 per hour 108 $10,260.00
Administrative Services s50.00 per hour 160 .00
Construction Inspection $11s.00 per hour 240 s27,600.00
J. Hicks
LAB TESTING SERVICES
Asphalt, Ignition & Gradation (ASTM D2172)$ 17s.00 each 5 $875.00
Asphalt, Rice Specific Gravity (ASTM D2041)$10s.00 each 5 $52s.00
Concrete, Cylinders Compression (ASTM C39)$25.00 each 96 $2,400.00
Concrete, Shot-crete panel Cores $s0.00 each 24 $ 1,200.00
Concrete, Shot-crete panel Cores- Compressive Str.$s0.00 each 12 $600.00
Soil, Moisture-Density Relation (ASTM
D1ss7)$ 180.00 each 15 $2,700.00
Soil, Sand Equivalent Test (ASTM D2419')$7s.00 each 20 $ 1,500.00
Soil, Sieve Analysis includes 200 Wash
(c136)$12s.00 each 28 $3,500.00
Soil, Fracture Count (ASTM D5821)$75.00 each 7 $52s.00
Soil, Uncompacted Voids (ASTM C1252)$75.00 each 2 $1s0.00
Soil, Moisture-Density Relation (ASTM D69S)$360.00 each 2 $720.00
Soil, Sieve Analysis -Hydrometer (D422\$18s.00 each 4 s740.00
Soil, Liquid Limit-Plastic Limit (ASTM
D4318)$210.00 each 2 $420.00
Soil, Ignition -olo Organics (ASTM D2974\$125.00 each 2 $250.00
Soil, Ph $7s.00 each 2 $ 1s0.00
Mileage
NO
CHARGE $0.00
Sample Pick Up
NO
CHARGE $0.00
ESTIMATED PROJECT TOTAL TOTAL $130,515.00
***Overtime rates (1.5) apply for all work-over B h
weekend
rs per shift, before 7am, after 5 pm, holidays, or
Phone: Q53) 405-4654 Email: jecboffice@gmail.com
PO Box 832 Auburn WA98071
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
8.H.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Release of Water Main Easement for Clark Springs
Transmission Main - Authorize
MOTION: Move to terminate the watermain easement under King County
Auditor’s file number 4831724 and partially terminate water main
easements under King County Auditor’s file numbers 4831715, 4831731
and 5810436 through Elk Run Division 8 tracts, 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: Elk Run Division 8 is a single-family development totaling 85.02 acres
located in the City of Maple Valley. Elk Run Phase 1 was constructed in 2018 and
consisted of 19 lots. Elk Run Phases 2 and 3 are currently under construction and
consist of 84 single family lots, several stormwater and open space tracts and a 31-
acre wetland tract. The Maple Valley permits for Elk Run Phases 2 and 3 required
the relocation of the Clark Springs water transmission main in order to move the
utility out of a wetland buffer and away from new housing lots.
The construction of approximately 2,500 feet of new transmission main and
associated appurtenances was completed last year; the construction was inspected
by City of Kent staff ensuring Kent construction standards were met. The new
transmission main was properly disinfected and put into service in November. New,
15-foot-wide easements were dedicated and recorded. As-built construction
drawings, engineers estimate, bill of sale, and a maintenance bond amounting to
$133,031.80 were provided, with a 2-year maintenance period starting January
2019.
New easements encompassing the new alignment are recorded under King County
instrument numbers 20180802000060 and 20180802000061. The current proposal
is to terminate old easements that have been rendered unnecessary following
construction of the new water main.
The four easement recordings to be terminated are as follows;
1. Full termination of water main easement under King County Auditor’s file
number 4831724;
8.I
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2. Terminate water main easement under King County Auditor’s file number
4831715 except portions lying within the plat of Madisen Drive recorded in
volume 207 of plats at pages 55-56, records of King County Washington;
3. Terminate water main easement under King County Auditor’s file number
4831731 except portions lying easterly of the westerly line of Tract K, Elk Run
Division 8- Phase I, according to the plat thereof, recorded in volume 282 of
plats, at pages 1-10, records of King County, Washington; and
4. Terminate water main easement under King County Auditor’s file number
5810436 except portions lying within the plat of Madisen Drive recorded in
volume 207 of plats at pages 55-56, records of King County Washington.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Map (PDF)
2. Easements (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Document: 4831715
Grantor(s): City of Kent
Grantee(s): L702-WLD ER 8 P23, LLC, Covington Golf Course Inc.
Abbreviated Legal Description: Tracts F, G, and K Elk Run Div, 8- Phase I,vol.282
of plats, pages 1-10.
Assessor's Tax Parcel Nos, : 23L007O25O, 23L0O70240, 23LOO7O290
Project Name: Elk Run Development
STR: SE 1/q Sec 33-22-6
PARTIAL TERMINATION OF WATER MAIN EASEMENT
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby partially terminate all of that certain Water Main
Easement (Easement) recorded under King County Auditor's File #483L7L51
except any portion thereof lying within the plat of Madisen Drive, recordedin volume 2O7 of plats, at pages 55-56, records of King County,
Washington, and does hereby release and relinquish all rights under the
Easement.
The City of Kent also relinquishes any rights and responsibilities of the
facilities previously constructed within this Easement. Upon termination of the
Easement, Grantee shall be responsible for removing these facilities. Any facilities
not removed will be abandoned in place and become the property of Grantee.
Grantee shall indemnify, defend, and hold the City of Kent, its officers, officials,
boards, commission, agents, and employees harmless from any action or claim for
injury, damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising out of, or by reason of,
the termination of the Easement or the abandonment of the facilities within the
Easement.
Dated:20
CIry OF KENT:
Print Name:
Its:
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STATE OF WASHINGTON )) ss.
couNTY oF KrNG )
I ceftify that I know or have satisfactory evidence that Mayor Dana Ralph is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Public Works Director of the City of Kent to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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TASTMENT RTC. NO.
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REC. NO
IVATER
201
WATER FNSEMENT
REC. N0. 4E31724
(TO BE VACATE0)
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TJATER EASEUENTS
Rrc. N0. 48J17?4 T0 Nt
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R[C. N0. 48J1715
(T0 BE vACArE0),l tz
OF 5T TND WATER IASEMINT
R[C. N0. 5E10436 A1 N
UNg WATER EASEMENT
REC. N0. 48Jt7l5 T0 SW
WAIERt*4EJr7'l tJ.
E UNE OF OF MA$SEN DRIVE PLAT
8.I.b
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Document: 483L724
Grantor(s): City of Kent
Grantee(s): 1702-WLD ER 8 P23, LLC, Covington Golf Course Inc.
Abbreviated Legal Description:Tracts F, G, and K Elk Run Div. 8- Phase I, vol .282
of plats, pages 1-10.
Assessor's Tax Parcel Nos. : 23L007O25O, 23LOO7024O, 23L0O7029O
Project Name: Elk Run Development
STR: NW 1/+, SE 1/q Sec 33-22-6
TERMINATION OF WATER MAIN EASEMENT
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby terminate all of that certain Water Main Easement
(Easement) recorded under King County Auditor's File #483L724, and does
hereby release and relinquish all rights under the Easement.
The City of Kent also relinquishes any rights and responsibilities of the
facilities previously constructed within this Easement. Upon termination of the
Easement, Grantee shall be responsible for removing these facilities. Any facilities
not removed will be abandoned in place and become the property of Grantee.
Grantee shall indemnify, defend, and hold the City of Kent, its officers, officials,
boards, commission, agents, and employees harmless from any action or claim for
injury, damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising out of, or by reason of,
the termination of the Easement or the abandonment of the facilities within the
Easement.
Dated:20
CITY OF KENT:
Print Name:
Its:
8.I.b
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Mayor Dana Ralph is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Public Works Director of the City of Kent to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument,
Dated:
)
)
)
SS
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.I.b
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REC. N0" 483't731 T0
TR. K
ELK RUN DIV.8,
PHASE I
vol. 282, PCS" t,/toRTC. NO 17 4T0SW
N UNE 0F Nwl/4, SEl/4 SgC 33_22_6
WATTR LINE
IASEMENT RIC. NO"
201 80802000061
WA][R EASEMENT
Rtc. N0. 4831724
(T0 Bt vAcATrD)
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REC. N0. 4831715 T0 5W
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Document: 483L73L
Grantor(s): City of Kent
Grantee(s): 1702-WLD ER 8 P23, LLC, Covington Golf Course Inc.
Abbreviated Legal Description: Tracts F, G, and K Elk Run Div. B- Phase I, vol.282
of plats, pages 1*10,
Assessor's Tax Parcel Nos. : 2310070250, 23L0O7024O, 23L0070290
Project Name: Elk Run Development
STR: NE 1/q Sec 33-22-6
PARTIAL TERMINATION OF WATER MAIN EASEMENT
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby partially terminate all of that certain Water Main
Easement (Easement) recorded under King County Auditor's File #483L73L,
except any portion thereof lying easterly of the westerly line of Tract K, Elk
Run Div. 8-Phase I, according to the plat thereof, recorded in volume 282
of plats, at pages 1-1O, records of King County, Washington, and does
hereby release and relinquish all rights under the Easement.
The City of Kent also relinquishes any rights and responsibilities of the
facilities previously constructed within this Easement. Upon termination of the
Easement, Grantee shall be responsible for removing these facilities. Any facilities
not removed will be abandoned in place and become the property of Grantee,
Grantee shall indemnify, defend, and hold the City of Kent, its officers, officials,
boards, commission, agents, and employees harmless from any action or claim for
injury, damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising out of, or by reason of,
the termination of the Easement or the abandonment of the facilities within the
Easement.
Dated:0
CIry OF KENT:
Print Name:
Its:
2
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STATE OF WASHINGTON
COUNry OF KING
I certify that I know or have satisfactory evidence that Mayor Dana Ralph is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Public Works Director of the City of Kent to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
)
)
)
SS
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.I.b
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I
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TR. G
ELK RUN DIV.B, PH.I
yoL. 282, PCS. t,/to
IYATTR UNT
EASEUENT REC. NO.
20r80802000061
flATER EASEMTNT
Rtc. N0. 48lr7t1
00 Br vAcrqrEo T0 srv 0F"IHIS LINE
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REI4AINING PORNON OT
WAfiR EASEMENT
Rtc. N0. 4811731"
W UNE OF OF lR. K, ELK RUN OIV.6
AT E UNE WATER EASEMENT 2OIEOSO2OOOO6I
REC. NO, 4EJ1731 TO
rR. K
ELK RUN DIV.8,
PHASE I
vol. 282, PAS. t,/toREC. NO.T0 srv
N L|NE 0F Nwl/4, SE1/4 StC 33_22_6
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Document: 581O436
Grantor(s): City of Kent
Grantee(s): 1702-WLD ER 8 P23, LLC, Covington Golf Course Inc,
Abbreviated Legal Description: Tracts F, G, and K Elk Run Div. 8- Phase I, vol.282
of plats, pages 1-10,
Assessor's Tax Parcel Nos. : 23L007O25O, 23LO070240, 23L0070290
Project Name: Elk Run Development
STR: NE 1/+, SW /¿ Sec 33-22-6
PARTIAL TERMINATION OF WATER MAIN EASEMENT
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby terminate all of that certain Water Main Easement
(Easement) recorded under King County Auditor's File #58LO436, EXCEPT ANY
PORTION THEREOF LYING WITHIN MADTSEN PARK, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 2O7 OF PLATS, AT PAGES 55 AND
56, RECORDS OF KING COUNTY, WASHINGTON. and does hereby release and
relinquish all rights under the Easement.
The City of Kent also relinquishes any rights and responsibilities of the
facilities previously constructed within this Easement. Upon termination of the
Easement, Grantee shall be responsible for removing these facilities. Any facilities
not removed will be abandoned in place and become the property of Grantee.
Grantee shall indemnify, defend, and hold the City of Kent, its officers, officials,
boards, commission, agents, and employees harmless from any action or claim for
injury, damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising out of, or by reason of,
the termination of the Easement or the abandonment of the facilities within the
Easement.
Dated:20
CIry OF KENT
Print Name:
Its:
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Mayor Dana Ralph is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Public Works Director of the City of Kent to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument,
Dated
)
)
)
ss.
-Notary Seal Must Appear W¡thin This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Purchase of Clark Springs Parcel - Authorize
MOTION: Authorize the Mayor to sign all documents necessary to purchase
a parcel of land (APN 2622069017) located at the Clark Springs water
supply site from King County, in an amount not to exceed $2,012, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The City of Kent has been working with King County to purchase a
parcel located within the Clark Springs water supply site. The parcel is a 30-foot-
wide abandoned right of way, and is currently owned by King County. This purchase
will complete city ownership of the northern portion of the Clark Springs watershed.
Background:
Clark Springs is the City’s largest municipal water source, located south of SE Kent
Kangley Road, east of Maple Valley, adjacent to Rock Creek. The approximately 320
acres of property surrounding the Clark Springs source has been annexed to the
City of Kent for municipal water supply purposes.
BUDGET IMPACT: $2,012 from the Water Fund
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Evolving Infrastructure, Innovative Government
ATTACHMENTS:
1. King County Tax Title Terms of Sale (PDF)
2. King County Department of Assessments Property Information (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.J
Packet Pg. 226
KING COUNTY TAX TITLE TERMS of SALE
This is an offer by King County to sell real property under the "Terms" detailed below. By signing
these Terms and providing King County with the full Payment of the Purchase Price, the Buyer
accepts King County's offer under the following Terms.
1. King County, a political subdivision of the State of Washington (the "Seller") is the
owner of that certain real property located at267XX SE Summit Landsburg Road, King County,
State of Washington, the legal description of which is attached hereto as Exhibit A (the
"Property"). The Property was the subject of a foreclosure order of the King County Superior
Court and the Seller acquired the Real Property in trust for the taxing districts by deed under
Treasurer's Tax Deed Number 10593 by virtue of RCW 84.64.200 in tax title status as the result
of no qualifying bids being received at a tax foreclosure sale.
2. The City of Kent, a Washington Municipal Corporation (the "Buyer"), accepts Seller's
offer and agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is
advised and agrees that the Terms are not intended as legal advice, and if the Buyer has questions
they shall seek the advice of an attorney.
3. In consideration of the conveyance of the Property, Buyer shall, in full payment
therefore, pay to Seller atotal purchase price of Two-Thousand Twelve Dollars and 00/100
($2,012.00) (the "Purchase Price"). Buyer shall provide Seller with the full amount of the
Purchase Price ("Payment") and a signed copy of the Terms. The agreement to purchase the
Property shall be effective as of the date these are received by the Seller.
4. Buyer acknowledges and agrees that the Property is sold '6As Is'o and
'oWhere Isoo without any representations or warranties expressed or implied.
5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy
of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and is
subject to the Terms as a matter of contract.
6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the
Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the
Property and shall not rely on any information provided or to be provided by Seller. Buyer
acknowledges and agrees that King County is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, fumished by any agent, employee, or contractor of King County, any real estate broker,
or any other person.
7. Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
conceming, or with respect to the value, nature, quality, or condition of the Property (collectively
"Condition of the Property"), including, without limitation; the actual, threatened or alleged
King County Tax Title Terms of Sale
8.J.a
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existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill,
migration, escape, disposal or other handling of any Hazardous Substances in, on, under or
emanating from or into the Property, and the compliance or noncompliance of or by the Property
or its operation with applicable federal, state, county and local laws and regulations, including,
without limitation, Environmental Laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agreement, the term "Environmental Law" shall mean: any
federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree,
injunction or common law pertaining in any way to the protection of human health, safety, or the
environment, including without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980,42 U.S.C. $ 9602 et. seq. ("CERCLA"); the Resource
Conservation and Recovery Act of 1976,42 U.S.C. $ 6901 et seq. ("RCRA"); the Washington
State Model Toxics Control Act, RCW ch. 70.105D ("MTCA"); the Washington Hazardous
Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. $
l25l et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws
concerning above ground or underground storage tanks. For the purposes of this Agreement, the
tetm"Hazatdous Substance" shall mean: any waste, pollutant, contaminant, or other material
that now or in the future becomes regulated or defined under any Environmental Law.
8. To the maximum extent permitted by RCW ch.64.06, Buyer expressly waives the right
to receive from King County a seller disclosure statement ("Seller Disclosure Statement").
Nothing in any Seller Disclosure Statement delivered by King County creates a representation or
warranty by King County, nor does it create any rights or obligations on any party.
9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Property, and
agrees to purchase the Property and accept the Condition of the Property'6A5 IS, WHERE IS"
with all faults and patent or latent defects. Buyer shall have no recourse against King County for,
and waives, releases and discharges forever King County from, any and all past, present or future
claims or demands, and any and all past, present or future damages, losses, injuries, liabilities,
causes of actions (including, without limitation, causes of action in tort) costs and expenses
(including, without limitation fines, penalties and judgments, and attorneys' fees) of any and
every kind or character, known or unknown (collectively, "Losses"), which the Buyer might
have asserted or alleged against King County arising from or in any way related to the Condition
of the Property, including without limitation, matters related to Hazardous Substances or
Environmental Laws.
10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially
the form attached hereto as ExHtetr B. In conveying the Property by Quit Claim Deed, Seller
makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses,
conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other
encumbrances (together "Encumbrances") whether such Encumbrances are of record or not. The
Parties acknowledge and intend that any property interests in the Property in favor of the County
in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant
to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and
remain in full force and effect.
King County Tax Title Terms of Sale
8.J.a
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1 1. The Closing shall occur within fifteen (15) business days of the Seller receiving the
signed TermS and the Payment. At the Closing, Seller shall execute the Quit Claim Deed, a Bill
of Sale in substantiallythe form of Exhibit C, anda Certificate of Non-Foreign Status
substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have
the original Quit Claim Deed, Bill of Sale and Certificate of Non-Foreign Status mailed to Buyer
at the address provided in Section 14 of the Terms. Seller shall not be responsible for payment
of any taxes, assessments, fees or other charges related to the Property.
12. Buyer represents and warrants that Buyer has full power and authority to execute the
Terms and to perform Buyer's obligations hereunder.
13. The following exhibits described herein and attached hereto are fully incorporated into
this Agreement by this reference:
ExHrerr A
Exursrr B
ExHrerr C
Exnrerr D
Legal Description
Quit Claim Deed
Bill of Sale and Assignment
Certificate of Non-Foreign Status
14. Buyer is to provide the below information
City of Kent, a Washington Municipal Corporation
Name in which Buyer would like to take title to the Property
220FourthAve South Kent, WA 98032
Address
253-856-5200
Phone number
MNovak@,kentwa.gov
Email
King County Tax Title Terms of Sale
8.J.a
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Expcutno on the dates set forth below.
Buyer
By:
Date:
Buyer:
By:
Date:
King County Tax Title Terms of Sale
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EXHIBIT A.
LEGAL DESCRIPTION
A 30 FOOT WIDE ABANDONED DANVILLE COAL COMPANY TRACK RIGHT OF WAY
ACROSS THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
26 TOWNSHIP 22 NORTH RANGE 6 EAST
APN: 262206-9017
King County Tax Title Terms of Sale
8.J.a
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EXHTBIT B.
QUIT CLAIM DEED
AFTER RECORDING RETURN TO:
CITY OF KENT
220 FOURTH AVENUE SOUTH
KENT, WA 98032
Grantor - -
Grantee - -
Legal----
Tax Acct. -
OUIT CLAIM DEED
King County, Washington
City of Kent, a Washington Municipal Corporation
PTN NW 1/4 SW lt4 26-22N-68
262206-9017
The Grantor, KING COLTNTY, a political subdivision of the State of Washington, for and in
consideration of the sum of $2,012.00, conveys and quitclaims to Grantee, City of Kent, a
Washington Municipal Corporation, the following real property situated in King County,
Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference
including after acquired title.
The real property was the subject of a foreclosure order of the King County Superior Court and the
Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200.
Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020.
Grantor is conveying the real property to Grantee as provided for in RCW ch. 36.35
GRANTOR
KING COUNTY
BY:
Bryan Hague, Manager Real Estate Services
DATE:
Approved as to Form:
BY:
Deputy Prosecuting Attorney
King County Tax Title Terms of Sale
8.J.a
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NOTARY BLOCK FOR KING COUNTY
STATE OF WASHINGTON )
)ss
couNTY oF KrNG )
On this day of , 2018, before me, the undersigned, a
Notary Public in andfor the State of Washington, duly commissioned and sworn, personally appeared
Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of
Executive Services, and who executed theforegoing instrument and acknowledged to me that HE was
authorized to execute said instrument on behalf of KING COUNTY for the uses and purposes therein
mentioned.
WITNESS my hand and fficial seal hereto ffixed the day andyear in this certificate above written.
Notary Public in and for the
State of Washington, residing
Printed Name
at
City and State
My appointment expires
King County Tax Title Terms of Sale
8.J.a
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EXHIBIT A
To Quit Claim Deed
Legal Description
A 30 FOOT WIDE ABANDONED DANVILLE COAL COMPANY TRACK RIGHT OF WAY
ACROSS THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
26 TOWNSHIP 22 NORTH RANGE 6 EAST
APN: 262206-9017
King County Tax Title Terms of Sale
8.J.a
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EXHIBIT C.
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE is made as of this day of 2018, byKING
COUNTY, a political subdivision of the State of Washington ("Seller"), in favor of City of Kent,
a Washington Municipal Corporation ("Buyer").
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant,
bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of
Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures
and other tangible personal property owned by Seller that is attached, appurtenant to or used in
connection with the real property legally described on the attached Exhibit A
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
written.
SELLER:
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
8.J.a
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EXHIBIT A
To Bill of Sale and Assignment
Legal Description
A 30 FOOT WIDE ABANDONED DANVILLE COAL COMPANY TRACK RIGHT OF WAY
ACROSS THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
26 TOWNSHIP 22 NORTH RANGE 6 EAST
APN: 262206-901'/
King County Tax Title Terms of Sale
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EXHIBIT D.
Seller's Certification of Non-Foreign Status under
Foreign Investment in Real Property Tax Act (26 U.S.C. 1445)
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes
(including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and not the disregarded
entity. To inform the transferee that withholding of tax is not required upon the disposition of a
U.S. real property interest by King County ("Transferor"), the undersigned hereby certifies the
following on behalf of Transferor:
Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and
Income Tax Regulations);
2. Transferor is not a disregarded entity as defined in Section 1.1445-2(bX2Xiii);
3. Transferor's U.S. employer identification number is 9l-6001327;
4. Transferor's office address is King County Facilities Management Division, Real
Estate Services Section, Room 800 King County Administration Building, 500
Fourth Avenue, Seattle, WA 98104.
Transferor understands that this certification may be disclosed to the Intemal Revenue
Service by transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct, and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
Dated this day of 201 8
King County, Transferor:
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
8.J.a
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King County Department of Assessments: eReal Property
New Search ProDe.ty Tax Bill Map This ProDerty Glossary of Terms Print Property Detail E
PARCEL DATA
Parcel 2622c6-9017
Name KING COUNry-
PROPERW SVCS
Site Address
Residential Area 084-001 (NWAppraisal
District)
Property Name
LAND DATA
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Rainier
Territorial
Olympics
Cascades
Seattle Skyline
Puget Sound
Lake Washinoton
Lake/River/Creek
Other View
Designatlons
Historic Site
Current Use (none)
Nbr Bldq Sites
Adjacsnt to Golf Fairway NO
NO
Other Designation NO
Deed Rostrictions NO
Devolopmont Rights
Purchased NO
Easements NO
Native GroMh Proteclion
Easement NO
DNR Lease NO
Watorfront Location
Waterfront FootaEe U
Lot Depth Factor 0
Waterfront Bank
fide/Shore
Watsrfront Restricted Access
Waterfront Access Riohts NO
Poor QualiW NO
Proximity lnfluence NO
Nuisanc6s
Topography
Traffic Noise
Airport Noise
Power Lines NO
Other Nuisances NO
Problems
Water Problems NO
Transporlation Concurrency NO
Olher Problems NO
Environmental
Environmental NO
BUILDING
TAX ROLL HISTORY
Thls ls a govcmment owned parccl.
Change to stale law (RCW 84. 40.045 and 84.40.175) by the 2013 Legislature eliminated revaluation of government
owned parcels.
Build your store, sell
ES? STAiTED
Jurisdlction KENT
Levy Cods 't511
Property Type R
Plat BIock / Buildinq Number
Plat Lot / Unit Number
Quarter-Section-Township-
Range sw-z6-22-6
30 FT WDE ABANDONED DANVILLE COAL CO TRACK RIGHT OF WAY ACROSS NW 1/4 OF SW I/4
PLat Block:
Plat Lot:
Highest & Best Use As lf
Vacant SINGLE FAMILY
Highest & Best Use As
lmproved (unknown)
Prosent [Jse Va€nt(Single-family)
Land SqFt 38,767
Acres 0.89
Psrcentage Unusable
Unbuildable YES
Restrictive Size Shape YES
Zoning CHECK W|TH JURIS.
Water
Sswsr/Soptic (none)
Road Access PUBLIC
Parklng
Stregt Surface PAVED
https ://blue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?P... 12/28/2018
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King County Department of Assessments: eReal Property Page 2 of 2
SALES HISTORY
PLUM
1808426 3t26nOO|,234,375.OO
CREEK
LAND
MAPLE
RIDGE Warranty
Deed (Unknown)HIGHLANDS
New Search Property Tax Blll
REVIEW HISTORY
PERMIT HISTORY
HOME IMPROVEMENT EXEMPTION
Map Thls Property Glossary of Terms Prlnt Property Detail !*
ADVERTISEMENT
Excise
Number
Recording
Number
Document
Date Srle Price Sallot
Nane
Buyer
Name Inslrunenl Sale
Reaaon
1874484 20020321002476 3t'13t2002 $0.00
PALMER
COKING
COAL
COMPANY
MAPLE
RIOGE
HIGHLANDS
LLC
Quit Claim
Deed Othsr
https:/lblue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?P... L2/28/20L8
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hptu King County Assessor's Ofice, King County GIS Center, King County, King county Assessor's Office
King County GIS Center
The hformation in cLded on this m ap has ben comp iled by King County staff f rcm a varbty of sources and is subjet to chage
withoutnotice. KhgCountymakesnorepresentatbnsorwarEntes,expr$sorimplbd,astoaccuracy,completeness,timeliness,
or rb hts to lhe use of swh irformation. This d6um ent is not intended for use as a su rvey prcdu ct. King Couniy shall not be lia ble
for any gtreral, sprcial, indirct, incidental, or consequential damages hcludhg, but not limited to, l6i revenres or lost profits
€sulting from the use or misuse oF the information conta hed on th is ma p. Any sa le of th is map or irftrmation on this map b
proh bited except by wrjtten perm bsion of King County.
Date:1212812018
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Little Property Parcel Purchase - Authorize
MOTION: Authorize the Mayor to sign all documents necessary to purchase
a parcel of land (APN 1822059115), located adjacent to the City-owned
Little Property from King County, in an amount not to exceed $2,128,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The City of Kent has been working with King County to purchase a
parcel adjacent to the City-owned parcel also known as the Little Property. This
parcel is 5,227 square-feet in size and is currently owned by King County. The
purchase of this property will support the future plans for the Little Property related
to the Mill Creek Reestablishment Project.
Background:
The Mill Creek Reestablishment Project seeks to reduce flood risks, improve fish
passage and stream/riparian habitats, as well as sustain ongoing growth in the City.
The Little Property is an important component of this project as the property will be
used for the realignment of Mill Creek, away from homes along Woodford Avenue,
and for mitigation.
BUDGET IMPACT: $2,128 from the Stormwater Fund
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
ATTACHMENTS:
1. King County Tax Title Terms of Sale (PDF)
2. King County Department of Assessments Property Information (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.K
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KING COUNTY TAX TITLE TERMS of SALE
This is an offer by King County to sell real property under the "Terms" detailed below. By signing
these Terms and providing King County with the full Payment of the Purchase Price, the Buyer
accepts King County's offer under the following Terms.
1. King County, a political subdivision of the State of Washington (the "Seller") is the
owner of that certain real property located at 8XX Prospect Ave N, King County, State of
Washington, the legal description of which is attached hereto as Exhibit A (the "Property"). The
Property was the subject of a foreclosure order of the King County Superior Court and the Seller
acquired the Real Property in trust for the taxing districts by deed under Recording Number
20120203000687 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying
bids being received at atax foreclosure sale.
2. The City of Kent, a Washington Municipal Corporation (the "Buyer"), accepts Seller's
offer and agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is
advised and agrees that the Terms are not intended as legal advice, and if the Buyer has questions
they shall seek the advice of an attorney.
3. In consideration of the conveyance of the Property, Buyer shall, in full payment
therefore, pay to Seller a total purchase price of Two-Thousand One-Hundred Twenty-Eight
Dollars and 00/100 ($2,128.00) (the "Purchase Price"). Buyer shall provide Seller with the full
amount of the Purchase Price ("Payment") and a signed copy of the Terms. The agreement to
purchase the Property shall be effective as of the date these are received by the Seller.
4. Buyer acknowledges and agrees that the Property is sold ('As Is'o and
o'Where [s" without any representations or warranties expressed or implied.
5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy
of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and is
subject to the Terms as a matter of contract.
6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the
Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the
Property and shall not rely on any information provided or to be provided by Seller. Buyer
acknowledges and agrees that King County is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, fumished by any agent, employee, or contractor of King County, any real estate broker,
or any other person.
7. Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
conceming, or with respect to the value, nature, quality, or condition of the Property (collectively
"Condition of the Property"), including, without limitation; the actual, threatened or alleged
King County Tax Title Terms of Sale
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existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill,
migration, escape, disposal or other handling of any Hazardous Substances in, on, under or
emanating from or into the Property, and the compliance or noncompliance of or by the Property
or its operation with applicable federal, state, county and local laws and regulations, including,
without limitation, Environmental Laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agteement, the term "Environmental Law" shall mean: any
federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree,
injunction or common law pertaining in any way to the protection of human health, safety, or the
environment, including without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980,42 U.S.C. $ 9602 et. seq. ("CERCLA"); the Resource
Conservation and Recovery Act of 1976,42 U.S.C. $ 6901 et seq. ("RCRA";; the Washington
State Model Toxics Control Act, RCW ch. 70.105D ("MTCA");the Washington Hazardous
Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. $
l25l et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws
conceming above ground or underground storage tanks. For the purposes of this Agreement, the
tetm"Hazardous Substance" shall mean any waste, pollutant, contaminant, or other material
that now or in the future becomes regulated or defined under any Environmental Law.
8. To the maximum extent permitted by RCW ch.64.06, Buyer expressly waives the right
to receive from King County a seller disclosure statement ("Seller Disclosure Statement").
Nothing in any Seller Disclosure Statement delivered by King County creates a representation or
warranty by King County, nor does it create any rights or obligations on any party.
9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Property, and
agrees to purchase the Property and accept the Condition of the Property "AS IS, WHERE IS"
with all faults and patent or latent defects. Buyer shall have no recourse against King County for,
and waives, releases and discharges forever King County from, any and all past, present or future
claims or demands, and any and all past, present or future damages, losses, injuries, liabilities,
causes of actions (including, without limitation, causes of action in tort) costs and expenses
(including, without limitation fines, penalties and judgrnents, and attomeys' fees) of any and
every kind or character, known or unknown (collectively, "Losses"), which the Buyer might
have asserted or alleged against King County arising from or in any way related to the Condition
of the Property, including without limitation, matters related to Hazardous Substances or
Environmental Laws.
10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially
the form attached hereto as ExuIut B. In conveying the Property by Quit Claim Deed, Seller
makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses,
conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other
encumbrances (together "Encumbrances") whether such Encumbrances are of record or not. The
Parties acknowledge and intend that any property interests in the Property in favor of the County
in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant
to RCW 54.64.200 did not merge with the County's tax title ownership of the Property and
remain in full force and effect.
King County Tax Title Terms of Sale
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11. The Closing shall occur within fifteen (15) business days of the Seller receiving the
signed Terms and the Payrnent. At the Closing, Seller shall execute the Quit Claim Deed, a Bill
of Sale in substantially the form of Exhibit C, and a Certificate of Non-Foreign Status
substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have
the original Quit Claim Deed, Bill of Sale and Certificate of Non-Foreign Status mailed to Buyer
at the address provided in Section l4 of the Terms. Seller shall not be responsible for payment
of any taxes, assessments, fees or other charges related to the Property.
12. Buyer represents and warrants that Buyer has full power and authority to execute the
Terms and to perform Buyer's obligations hereunder.
i3. The following exhibits described herein and attached hereto are fully incorporated into
this Agreement by this reference:
ExHrerr A
ExHterr B
ExHrsrr C
ExHrerr D
Legal Description
Quit Claim Deed
Bill of Sale and Assignment
Certificate of Non-Foreign Status
14 Buyer is to provide the below information:
City of Kent, a Washington Municipal Corporation
Name in which Buyer would like to take title to the Property
220 Fourth Ave South Kent, WA 98032
Address
253-856-5200
Phone number
MNovak@kentwa.gov
Email
King County Tax Title Terms of Sale
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ExecurBo on the dates set forth below
Buyer
By:
Date:
Buyer:
By:
Date
King County Tax Title Terms of Sale
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EXHIBIT A.
LEGAL DESCRIPTION
PORTION OF GOVERNMENT LOT 4, IN SOUTHWEST QUARTER OF SECTION 18,
TOWNSHTP 22, RANGE 5 EAST, W.M., IN KING COLTNTY, WASHINGTON, DEFINED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18,
TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COLINTY, WASHINGTON;
THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4,IIO FEET;
THENCE NORTH 07"21'12'' EAST 1303.06 FEET TO THE TRUE POINT OF BEGTNNING;
THENCE NORTH 88"00'OO'' WEST 174.14 FEET;
THENCE NORTH 02"29'OO'EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT
4;
THENCE EAST ALONG SAID LINE TO A POINT NORTH OI"2I'I2'' EAST OF THE TRUE
POTNT OF BEGINNING;
THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING.
Tax Account Number:
182205-9t15-02
King County Tax Title Terms of Sale
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EXHIBIT B.
QUIT CLAIM DEED
AFTER RECORDING RETURN TO
CITY OF KENT
220 FOURTH AVENUE SOUTH
KENT, WA 98032
Grantor - -
Grantee - -
Legal----
Tax Acct. -
OUIT CLAIM DEED
King County, Washington
City of Kent, a Washington Municipal Corporation
PTN GOV LT 4, SW 1/4 18-22N-5E
132204-9364
The Grantor, KfNG COLTNTY, a political subdivision of the State of Washington, for and in
consideration of the sum of $2,128.00, conveys and quitclaims to Grantee, City of Kent, a
Washington Municipal Corporation, the following real property situated in King County,
Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference
including after acquired title.
The real property was the subject of a foreclosure order of the King County Superior Court and the
Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200.
Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020.
Grantor is conveying the real property to Grantee as provided for in RCW ch. 36.35
GRANTOR
KING COUNTY
BY
Bryan Hague, Manager Real Estate Services
DATE:
Approved as to Form:
BY:
Deputy Prosecuting Attomey
King County Tax Title Terms of Sale
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NOTARY BLOCK FOR KING COUNTY
STATE OF WASHINGTON )
/,ss
couNTY oF KLNG )
On this day of 2018, before me, the undersigned, a
Notary Public in andfor the State of Washington, duly commissioned and sworn, personally appeared
Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of
Executive Services, and who executed the foregoing instrument and aclcnowledged to me that HE was
authorized to execute said instrument on behalf of KING COUNTYfoT the uses and purposes therein
mentioned.
WITNESS my hand and fficial seal hereto ffixed the day and year in this certificate above written.
Notary Public in and for the
State of Washington, residing
Printed Name
at
City and State
My appointment expires
King County Tax Title Terms of Sale
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EXHIBTT A
To Quit Claim Deed
Legal Description
PORTION OF GOVERNMENT LOT 4, TN SOUTHWEST QUARTER OF SECTION 18,
TOWNSHTP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION I8,
TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4,710 FEET;
THENCE NORTH 01"21'T2" EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88"00'OO'' WEST T74.14 FEET;
THENCE NORTH 02"29'OO'' EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT
4;
THENCE EAST ALONG SAID LINE TO A POINT NORTH 07"27'12'' EAST OF THE TRUE
POINT OF BEGINNING;
THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING.
Tax Account Number:
t82205-9115-02
King County Tax Title Terms of Sale
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EXHIBIT C.
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE is made as of this day of 2018, by KING
COLINTY, a political subdivision of the State of Washington ("Seller"), in favor of City of Kent,
a Washington Municipal Corporation ("Buyer").
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant,
bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of
Seller's right, title and interest in and to any and all equipment, furniture, fumishings, fixtures
and other tangible personal property owned by Seller that is attached, appurtenant to or used in
connection with the real property legally described on the attached Exhibit A.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
written.
SELLER
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
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EXHIBIT A
To Bill of Sale and Assignment
Legal Description
PORTION OF GOVERNMENT LOT 4,IN SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18,
TOWNSHIP 22, RANGE 5 EAST, W.M., TN KING COLINTY, WASHINGTON;
THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4,IIO FEET;
THENCE NORTH 01"27'12'' EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88OOO'OO'' WEST I]4.14 FEET;
THENCE NORTH 02"29'OO'' EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT
4;
THENCE EAST ALONG SAID LINE TO A POINT NORTH OIO2I'12" EAST OF THE TRUE
POINT OF BEGINNING;
THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING.
Tax Account Number:
182205-9t15-02
King County Tax Title Terms of Sale
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EXHIBIT D.
Seller's Certification of Non-Foreign Status under
Foreign Investment in Real Property Tax Act (26 U.S.C. l44S)
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes
(including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and not the disregarded
entity. To inform the transferee that withholding of tax is not required upon the disposition of a
U.S. real property interest by King County ("Transferor"), the undersigned hereby certifies the
following on behalf of Transferor:
1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Intemal Revenue Code and
Income Tax Regulations);
2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii);
3. Transferor's U.S. employer identification number is91-6001327;
4. Transferor's office address is King County Facilities Management Division, Real
Estate Services Section, Room 800 King County Administration Building, 500
Fourth Avenue, Seattle, WA 98104.
Transferor understands that this certification may be disclosed to the Internal Revenue
Service by transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct, and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
Dated this day of 201 8.
King County, Transferor:
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
8.K.a
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King County Department of Assessments: eReal property Page L of 2
ADVERTISEMENT
D
ADVERTISEMEN'I
New Search Property Tax Bill Map This Property
Parcel 't82205-9115
Name KING COUNry-
PROPERry SVCS
Site Address
Residential Area 061 -005 (SW Appraisal
District)
Property Name
Glossary of Terms Area Report
PARGEL DATA
Jurisdiction KENT
Levy Code 1526
Proporty Type R
Plat Block / Building Number
Plat Lot / ljnit Number
Quarter-Section-Township-
Range sw-18-22-5
Views
Rainier
Territorial
Olympics
Cascades
Seattle Skyline
Puget Sound
Lake Washington
Lake Sammamish
Lake/River/Creek
Other View
Historic Site
Current Uss (none)
Nbr Bldg Sites
Adjacent to Golf Fairuay NO
Adjacent to Greenbelt NO
Other Designation NO
D€od Restrictions NO
Development Rights
Purchased NO
Easements NO
LAND DATA
Percentage Unusable
Unbuildable NO
Restrictive Size Shape YES
Zoning SR6
Water WATER DISTRICT
Sewer/Septic PUBLIC
Road Access RESTRICTED
Parking
Stroet Surface PAVED
Waterfront
Waterfront Locaiion
Waterfront Footage 0
Lot Depth Factor 0
Waterfront Bank
Tide/Shore
Waterfront Restricted Access
Waterfront Access Rights NO
Poor Quality NO
Proximity lnfluence NO
Nuisances
Topography YES
Traffic Noise
Airport Noise
Power Lines NO
Other Nuisances NO
Problems
Water Problems NO
Transportation Concurrency NO
Other Problems NO
Print Property Detail
PORTION OF GOVT LOT 4 lN SW QTR STR 18-22-05 DAF: BEctNNtNG AT SE CORNER OF GOVT LOT 4 STR
18-22{5 TH WEST 1,10 FT ALONG SOUTH LINE OF SAID GOVT LOT 4 TH NO1-21-12E 1303.06 FT TO TPOB TH
N88-OO-OOW I 74.14 FT TH NO2-29-OOE TO NORTH LINE OF SAID GOVT LOT 4 TH EAST ALONG SAID LINE TO
POINT NO1-21-12E OF TPOB TH SOUTHERLY TO TPOB
PLat Block:
Plat Lot:
Highest & Best Use As lf
Vacant SINGLE FAMILY
Highest & Best Use As
lmproved (unknown)
Present Use Va€nt(Sinole-familv)
Land SqFt 5,227
Acres o.'t2
https :/ /blue.kingcounty.com/Assessor/eRea lProperty/Detail.aspx?P... 12/28/2OtB
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DNR Lease NO
King County Department of Assessments: eReal Property
Native Growth Protection
Easement
NO
Page 2 of 2
Environmental YES
Environmontal
Type
Information
Source
Delineation
studv
Percentage
Affected
Wetland JURISDICTION N 0
BUILDING
TAX ROLL }IISTORY
This is a government owned Parcel.
Change to state law (RCW 84. 40.O45 and 84.40.175) by the 2013 Legislature eliminated revaluation of government
owned parcels.
SALES HISTORY
REVIEYV IiiSTORY
PERMIT HISTORY
HOME IMPROVEMENT EXEMPTION
New Search Property Tax Bill Area Report Print Property Detail GH
ADVERTISEMENT
Excise
Number
Recording
Numb€r
Document
Date
$ale
Prlce Seller Name Buyer Name lnstrumenl Sale
Reason
1357684 199402110000 'ti3t1994 $125.00
UEDRIUK D
LEE FINANCE
MANAGER
REAL ESTATE
EQUITIES
JOINT VEN
Warranty
Deed Other
1288153 199301070250 12t18t1992 $0.00 KING COUNTY
LEE DEDRICK
KING COUNTY
PROP SVCS
DIV
Warranty
Deed Other
Map This Property of Terms
https : / /blue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?P... 12/28/20t8
8.K.b
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King County
The hformation inctJded on this m ap has b€n comp iled by King County staff f rcm a varbty (
wthout n otice. K hg County makes no repeseniat ions or warent ies, eipress or implbd, as t
or rbhts to the use of srch information. This daument is not lntended for use as a survey prc
fs a ny gensal, speia I, ind iet, incidstal, or conseque ntial damages hclud hg, but not lim it
esulting from t he use or m isuse of the information conta hed on th is map. Any mle of this m €
prohbited except by written permbsion of King County.
Date. 1212812018
N
A HI
KingCounty
8.K.b
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Purchase of McSorley Creek Wetland Complex Parcel -
Authorize
MOTION: Authorize the Mayor to sign all documents necessary for the
purchase of a parcel of land (APN 768280-0045), located at the 26400
block of Pacific Hwy S., from King County, in an amount not to exceed
$16,570, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The City of Kent has been working with King County to purchase a
parcel located at the 26400 block of Pacific Hwy. S. This parcel is vacant
commercial property, currently owned by King County. This purchase will be part
of the assemblage of and access for the McSorley Creek Wetland Complex.
Background:
The McSorley Creek wetland area is one of the largest remaining non-developed
wetland areas in Kent. The purchase of this parcel expands City ownership within
the wetland area and improves the City’s options for habitat enhancement and
wetland mitigation.
BUDGET IMPACT: $16,570 from the Stormwater Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. King County Tax Title Terms of Sale (PDF)
2. King County Department of Assessments Property Information (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.L
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KING COUNTY TAX TITLE TERMS of SALE
This is an offer by King County to sell real properfy under the "Terms" detailed below. By signing
these Terms and providing King County with the full Payment of the Purchase price, the buyer
accepts King County's offer under the following Terms.
I . King County, a political subdivision of the State of Washington (the "Seller") is the
owner of that certain real property located at264XX, Pacific Highway South, State of
Washington, the legal description of which is attached hereto as Exhibit A (the "Property,,). The
Property was the subject of a foreclosure order of the King County Superior Court and the Seller
acquired the Real Property in trust for the taxing districts by deed under Recording Number
20150212000491 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying
bids being received at atax foreclosure sale.
2' The City of Kent, a Washington Municipal Corporation (the "Buyer"), accepts Seller's
offer and agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is
advised and agrees that the Tetms are not intended as legal advice, and if the Buyer has questions
they shall seek the advice ofan attorney.
3. In consideration of the conveyance of the Property, Buyer shall, in full payment
therefore, pay to Seller a total purchase price of Sixteen-Thousand Five-Hundrid Seventy and
00/100 ($16,570.00) (the "Purchase Price"). Buyer shall provide Seller with the full amount of
the Purchase Price ("Payment") and a signed copy of the Terms. The agreement to purchase the
Property shallbe effective as of the date these are received by the seller.
4. Buyer acknowledges and agrees that the Properfy is sold o,As Is'o ando'Where Is" without any representations or warranties expressed or implied.
5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy
of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and ii
subject to the Terms as a matter of contract.
6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the
Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the
Property and shall not rely on any information provided or to be provided by Selier. Buyer
acknowledges and agrees that King County is not liable or bound in any manner by any verbal or
written statements, representations, or information pertaining to the Property, or the operation
thereof, furnished by any agent, employee, or contractor of King County, any real estate broker,
or any other person.
7. Seller has not made, does not make, and specifically negates and disclaims any
representations, warranties, promises, covenants, contracts or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
concerning, or with respect to the value, nature, quality, or condition of the Property (collectively
"Condition of the Property"), including, without limitation; the actual, threatened or alleged
King County Tax Title Terms of Sale
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existence, release, use, storage, generation, manufacture, transpolt, deposit, leak, seepage, spill,
migration, escape, disposal or other handling of any Hazardous Substances in, on, under or
emanating from or into the Property, and the compliance or noncompliance of or by the Property
or its operation with applicable federal, state, county and local laws and regulations, including,
without limitation, Environmental Laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agreement, the term "Environmental Law" shall rnean: any
federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree,
injunction or common law pertaining in any way to the protection of human health, safety, or the
environment, including without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. $ 9602 et. seq. ("CERCLA"); the Resource
Conservation and Recovery Act of 1976,42 U.S.C. $ 6901 et seq. ("RCRA");the Washington
State ModelToxics ControlAct, RCW ch.70.105D ("MTCA");the Washington Hazardous
Waste Management Act, RCW ch.70.105; the Federal Water Pollution Control Act, 33 U.S.C. $
1251 et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws
concerning above ground or underground storage tanks. For the purposes of this Agreement, the
tetm "Hazardous Substance" shall mean: any waste, pollutant, contaminant, or other material
that now or in the future becomes regulated or defined under any Environmental Law.
8. To the maximum extent permitted by RCW ch.64.06, Buyer expressly waives the right
to receive from King County a seller disclosure statement ("Seller Disclosure Statement").
Nothing in any Seller Disclosure Statement delivered by King County creates a representation or
warranty by King County, nor does it create any rights or obligations on any party.
9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Propefty, and
agrees to purchase the Property and accept the Condition of the Property'oAS ISo WHBRE ISo'
with all faults and patent or latent defects. Buyer shall have no recourse against King County for,
and waives, releases and discharges forever King County from, any and all past, present or future
claims or demands, and any and all past, present or future damages, losses, injuries, liabilities,
causes of actions (including, without limitation, causes of action in tort) costs and expenses
(including, without limitation fines, penalties and judgments, and attorneys'fees) of any and
every kind or character, known or unknown (collectively, "Losses"), which the Buyer might
have asserted or alleged against King County arising from or in any way related to the Condition
of the Property, including without limitation, matters related to Hazardous Substances or
Environmental Laws.
10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially
the form attached hereto as ExHlstt B. In conveying the Property by Quit Claim Deed, Seller
makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses,
conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other
encumbrances (together "Encumbrances") whether such Encumbrances are of record or not. The
Parties acknowledge and intend that any property interests in the Property in favor of the County
in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant
to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and
remain in full force and effect.
King County Tax Title Terms of Sale
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I I . The Closing shall occur within fifteen ( I 5) business days of the Seller receiving the
signed Terms and the Payment. At the Closing, Seller shall execute the Quit Claim Deed, a Bill
of Sale in substantially the form of Exhibit C, and a Certificate of Non-Foreign Status
substantially in the form of Exhibit D, shallrecord the executed Quit Claim Deed, and shall have
the original Quit Claim Deed, Billof Sale and Certificate of Non-Foreign Status mailed to Buyer
at the address provided in Section l4 of the Terms. Seller shall not be responsible for payment
of any taxes, assessments, fees or other charges related to the Property.
12. Buyer represents and warrants that Buyer has full power and authority to execute the
Terms and to perform Buyer's obligations hereunder.
13. The following exhibits described herein and attached hereto are fully incorporated into
this Agreement by this reference:
ExHrerrA
ExHrerr B
ExHrerr C
Exurerr D
Legal Description
Quit Claim Deed
Billof Sale and Assignment
Certificate of Non-Foreign Status
14. Buyer is to provide the below information:
City of Kent, a Washington Municipal Corporation
Name in which Buyer would like to take title to the Property
220 Fourth Ave South Kent, WA 98032
Address
253-856-5200
Phone number
MNovak@kentwa.gov
Email
King County Tax Title Terms of Sale
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Expcurpo on the dates set forth below
Buyer:
By:
Date
Buyer:
By
Date:
King County Tax Title Terms of Sale
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EXHIBIT A.
LEGAL DESCRIPTION
TRACTS 9, SECOMA HI-WAY TRACTS, ACCORDTNG TO THE PLAT THEREOF
RECORDED IN VOLUME 37 OF PLATS AT PAGE 42, [N KING COUNTY, WASHTNGTON
APN: 768280-0045
King County Tax Title Terms of Sale
EXHIBIT B.
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QUIT CLAJM DEED
AFTER RECORDING RETURN TO:
CITY OF KENT
220 FOURTH AVENUE SOUTH
KENT, WA 98032
Grantor - -
Grantee - -
Legal----
Tax Acct. -
OUIT CLAIM DEED
King County, Washington
City of Kent, a Washington Municipal Corporation
TRCT 9 SECOMA HI-WAY TRACTS V.37 PG 42
768280-004s
The Grantor, KING COLINTY, a political subdivision of the State of Washington, for and in
consideration of the sum of $16,570.00, conveys and quitclaims to Grantee, City of Kent, a
Washington Municipal Corporation, the following realproperty situated in King County,
Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference
including after acquired title.
The real property was the subject of a foreclosure order of the King County Superior Court and the
Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200.
Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020.
Grantor is conveying the real property to Grantee as provided for in RCW ch. 36.35
GRANTOR
KING COUNTY
BY
Bryan Hague, Manager Real Estate Services
DATE:
Approved as to Form
BY:
Deputy Prosecuting Attorney
NOTARY BLOCK FOR KING COUNTY
King County Tax Title Terms of Sale
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STATE OF WASHINGTON )
,)ss
couNTY oF KING )
on this doy of - 2019, before me, the undersigned, a
Notary Public in andfor the State of Washington, duly commissioned and sworn, personally appeared
Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of
Executive Services, and who executed the foregoing instrument and acknowtedged to me that HE was
authorized to execute said instrument on behalf of KING COUNTYfoT the uses and purposes therein
mentioned.
WITNESS my hand and fficial seal hereto affixed the day and year in this certificate above written.
Notary Public in and for the
State of Washington, residing
Printed Name
at
City and State
My appointment expires
King County Tax Title Terms of Sale
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EXHIBIT A
To Quit Claim Deed
Legal Description
TRACTS 9, SECOMA HI-WAY TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 37 OF PLATS AT PAGE 42, IN KING COLINTY, WASHINGTON
APN: 768280-0045
King County Tax Title Terms of Sale
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EXHIBIT C.
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE is made as of this day of 2019,by KING
COUNTY, a political subdivision of the State of Washington ("Seller"), in favor of City of Kent,
a Washington Municipal Corporation ("Buyer").
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant,
bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of
Seller's right, title and interest in and to any and all equipment, fumiture, fumishings, fixtures
and other tangible personal property owned by Seller that is attached, appurtenant to or used in
connection with the real property legally described on the attached Exhibit A.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
written.
SELLER
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
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EXHIBIT A
To Bill of Sale and Assignment
Legal Description
TRACTS 9, SECOMA HI-WAY TRACTS, ACCORDTNG TO THE PLAT THEREOF
RECORDED IN VOLUME 3T OF PLATS AT PAGE 42, [N KING COUNTY, WASHINGTON
APN: 768280-0045
King County Tax Title Terms of Sale
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EXHIBIT D.
Seller's Certification of Non-Foreign Status under
Foreign Investment in Real Property Tax Act (26 U.S.C. 1445)
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes
(including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and not the disregarded
entity. To inform the transferee that withholding of tax is not required upon the disposition of a
U.S. real property interest by King County ("Transferor"), the undersigned hereby certifies the
following on behalf of Transferor:
Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and
Income Tax Regulations);
2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii);
3. Transferor's U.S. employer identification number is 9l-6001327;
4. Transferor's office address is King County Facilities Management Division, Real
Estate Services Section, Room 800 King County Administration Building, 500
Fourth Avenue, Seattle, WA 98104.
Transferor understands that this certification may be disclosed to the Intemal Revenue
Service by transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct, and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
Dated this _ day of 2019
King County, Transferor
By:
Name: Bryan Hague
Title: Manager, Real Estate Services
King County Tax Title Terms of Sale
8.L.a
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https:/lblue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?Parc... 2/6/2019
SAVE $IOW iTffIi'#'^i1fi;JOIN AAA )
King County Department of Assessments: eReal Property Page L of 2
ADVERTISEMEN]
E
New Search Property Tax Bill MaD This Proterty
Parcel 76A2804045
Name KING COUNTY-PROPERry
SVCS
Site Address
Geo Area 55-20
Spec Area
Property Name VACANT COMMERCIAL
Glossary of Terms Area Report Print Property Detail tlE
PARCEL DATA
Jurisdiction KENT
Levy Code 1452
Property Type L
Plat Block / Building Number
Plat Lot / Unit Numb6r 9
Quarter-Section-Township-
Range sw-28-224
dEl click ttre camera to see more pictures.
Views
Rainier
Terrilorial
Olympics
Gascades
Seattle Skyline
Puget Sound
Lake Washington
Lake Sammamish
Lake/Riv6r/Creek
Other View
Designations
Historic Site
Current [Jse (none)
Nbr Bldg Siies
Adjacent to Golf Fairuay NO
Adjacent to Greenbelt NO
Other Dosignation NO
D€ed Restriclions NO
Development Rights
Purchased NO
Easements NO
LAND DATA
Percentage Unusable '100
Unbuildable YES
Restrictivo Size Shape NO
Zoning cM-2
Water WATER DISTRICT
Sewer/Septic PUBLIC
Road Acces PUBLIC
Parking ADEQUATE
Street Surface PAVED
Waterfront
Waterfront Location
Waterfront Footage 0
Lot Depth Factor 0
Watorfront Bank
Tide/Shore
Waterfront Restricted Access
Waterfront Access Rights NO
Poor Quality NO
Proximity lnfluence NO
Nuisances
Topography
Traffic Noise
Airport Noise
Power Lines NO
Other Nuisances NO
Problems
Water Problems NO
Transportation Concurrencv NO
Other Problems NO
SECOMA HI-WAY TRS
PLat Block:
Plat Lot: I
Highest & Best Use As lf
Vacant
COMMERCIAL
SERVICE
Highest & Best Use As
lmproved (unknown)
Present Use Va€nt(Commercial)
Land SqFt 84,070
Acres 1.93
8.L.b
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https :/ /blue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?Parc.. . 2/6/20L9
DNR Lease NO
King County Department of Assessments: eReal Property
Native Growth Protection
Easemenl
NO
Page 2 of 2
Environmsntal
Environmental YES
Environm€ntal
Tvpe
lnformation
Source
Delineation
study
Percentage
Affected
Wetland JURISDICTION '100
BUILDING
TAX ROLL HISTORY
This is a government owned parcel,
Change to state law (RCW 84. 40.045 and 84.40.1 75) by the 2013 Legislature eliminated revaluation of government
owned parcels.
SALES IIISTORY
REVIEW HISTORY
PERMIT HISTORY
HOME IMPROVEMENT EJKEMPTION
ArPa nPnnrf
ADVERTISEMENT
Ngw Scarch ProDartv Tax Bill Print Pronerty Detail u
Exclse
Nilmlter
Recording
Nrmber
Document
Itate
Sale
Prlce Sellor Name Buycr Nane Instrument Sale
nerson
2713560
20100513001096
12t't2t2014
5t12t2010
$0.00
KING
COUNTY
TREASURY
KING COUNTY-
PROPERry
SVCS
DEED Other
2441163 $o.00
BISHOP
W-IITE
MARSHALL &
WEIBEL PS
CHESTERFIELD
MORTGAGE
INVESTORS
tNc
Trustees'
Deed Foreclosure
2014',t55 20040'r21001984 1l't6t2004 $45,380.00 FRONTIER
BANK LIMONT NADYA
Statutory
Warranty
Deed
None
1931583 20021231003409 12t17nOO2 $0.00
MCGOWAN
CLARK R ET
AL
FRONTIER
BANK DEED Foreclosure
1527535 't99702110666 21511997 s0.00
LINKEM
DONALD
C+ELIZABETH
MICGOWAN
CLARK
R+PENNY ET
AL
Ouit Claim
Deed Other
MaD Thir ProDertv nf TFrms
8.L.b
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Washington Utilities and Transportation Commission Grant
for Pedestrian Safety Fencing at Union Pacific Railroad -
Authorize
MOTION: Authorize the Mayor to accept grant funds from the Washington
Utilities and Transportation Commission for pedestrian safety fencing at
the Union Pacific Rail Crossing in the amount of $10,000, authorize the
expenditure of the grant funds accordingly 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 Washington Utilities and Transportation Commission has offered
Kent a grant in the amount of $10,000 to construct approximately 300 feet of link
fencing on both sides of the Union Pacific Railroad immediately south of West Willis
Street. The fencing is being constructed to deter pedestrian trespass across Union
Pacific Railway right-of-way. This fencing is a component of the City’s larger project
to establish a railroad Quiet Zone through Downtown Kent.
BUDGET IMPACT: Addition of $10,000 to the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Washington Utilities and Transportation Commission Project Agreement
Grade Crossing Protective Fund (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.M
Packet Pg. 272
Revised Apr. 30, 2018 1
PROJECT AGREEMENT
GRADE CROSSING PROTECTIVE FUND
Docket No.: TR-180527
Commission Approval Date: December 13, 2018
A. PARTIES TO THE AGREEMENT
This project grant agreement (agreement) is entered into between the Washington
Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia,
Washington 98504-7250, and the City of Kent, 400 W. Gowe, Kent, WA, 98032, and
shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF THE AGREEMENT
The agreement pertains to a grant administered by the UTC for the benefit of the
grantee pursuant to UTC order entered in Docket No. TR-180527. This agreement
memorializes any conditions of the grant imposed by the UTC in such order. As
stated in the General Provisions, Section 17, the UTC order pertaining to the project
takes precedence over this agreement in the event of conflict.
C. DESCRIPTION OF PROJECT
TR-180527 involves the installation of approximately 300 lineal feet of six-foot,
chain link fencing approximately 100 feet south of the South Willis Street crossing.
The crossing is identified as USDOT 396581U. Additional information about the
project can be found in the grantee’s application.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 13, 2018, and end on
June 15, 2019. No expenditure made before or after this period is eligible for
reimbursement unless incorporated by written amendment into this agreement.
E. PROJECT FUNDING
Total grant funding awarded by the UTC for this project shall not exceed $10,000.
The total approximate cost of the project is $17,820. The grantee shall be responsible
for all additional costs.
F. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties are subject to this agreement and its
attachments, including the grantee’s application, the UTC’s order pertaining to the
project, and the general provisions, all of which are attached and/or incorporated by
reference into this agreement.
Except as provided, no alteration of any of the terms or conditions of this agreement
will be effective unless provided in writing. All alterations must be signed by both
parties.
8.M.a
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The grantee has read, fully understands, and agrees to be bound by all terms and
conditions in the UTC’s order pertaining to the project and in this agreement.
G. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND UTC POLICIES
This agreement is governed by, and the grantee shall comply with, all applicable state
and federal laws and regulations, including RCW 81.53, WAC 480-62, and the
UTC’s order pertaining to the project, which are incorporated by this reference as if
fully set forth.
H. PROJECT GRANT AGREEMENT REPRESENTATIVES
All written communications under this agreement will be addressed and delivered to:
City of Kent
Kelly Peterson
400 W. Gowe
Kent, WA 98032
Utilities and Transportation Commission
Kathy Hunter
1300 S. Evergreen Park Drive SW
P.O. Box 47250
Olympia, WA 98504-7250
These addresses shall be effective until receipt by one party from the other of a
written notice of any change.
I. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the
articles. No other understandings, oral or otherwise, regarding this agreement shall
exist or bind any of the parties.
J. EFFECTIVE DATE
This agreement shall be effective upon signing by all parties.
State of Washington
Utilities and Transportation Commission
By: _________________________________ Date:__________________
(Executive Director and Secretary)
City of Kent
By: _________________________________ Date: __________________
Title: ________________________________
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General Provisions
Of the Project Agreement
Heading and Definitions
Section 1. Headings and Definitions ........................................................................2
Performance and Requirements (General Responsibilities)
Section 2. Performance by Grantee .........................................................................2
Section 3. Assignment .............................................................................................2
Section 4. Responsibility for Project .......................................................................3
Section 5. Indemnification .......................................................................................3
Section 6. Independent Capacity of the Grantee ......................................................3
Section 7. Conflict of Interest ..................................................................................3
Section 8. Construction, Operation, Use and Maintenance .....................................4
Section 9. Acknowledgment ....................................................................................4
Compliance with Laws, Records, and Inspections
Section 10. Compliance with Applicable Law .......................................................4
Section 11. Records Maintenance ............................................................................5
Section 12. Right of Inspection ................................................................................5
Funding, Reimbursements
Section 13. Project Funding .....................................................................................5
Section 14. Project Reimbursements .......................................................................6
Section 15. Recovery of Payments ..........................................................................6
Section 16. Covenant Against Contingent Fees .......................................................6
Remedies and Disputes
Section 17. Order of Precedence ..............................................................................6
Section 18. Amendments .........................................................................................7
Section 19. Limitation of Authority .........................................................................7
Section 20. Waiver of Default .................................................................................7
Section 21. Application Representations—Misrepresentations or Inaccuracy or
Breach ......................................................................................................................7
Section 22. Termination and Other Remedies ........................................................7
Section 23. Termination for Convenience ...............................................................8
Section 24. Dispute Resolution ................................................................................8
Section 25. Attorneys’ Fees .....................................................................................8
Section 26. Governing Law/Venue ..........................................................................8
Section 27. Severability ...........................................................................................9
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SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this agreement are for reference purposes only and shall not be
considered a substantive part of this agreement.
B. Definitions. As used throughout this agreement, the following terms shall have the
meaning set forth below:
Agreement - The accord accepted by all parties to the present transaction; the
agreement, any supplemental agreement, and any intergovernmental agreement
between the UTC and a grantee.
Applicant - Any agency or organization that meets the qualifying standards, including
deadlines, for submission of an application soliciting a grant of funds from the UTC.
Application - The forms and support documents approved by the UTC or its
Secretary for use by applicants in soliciting project funds administered by UTC.
Contractor - One not in the employment of the grantee who is performing all or part
of the eligible activities for this projects under a separate agreement with the grantee.
The term "Contractor" and "Contractors" means Contractor(s) in any tier.
Secretary - The UTC Secretary or the Secretary’s designee.
Grantee - The applicant who has been awarded a grant of funds and is bound by this
executed agreement; includes its officers, employees and agents.
Milestone – Important date(s) tracked in the agreement for monitoring the project
status.
Period of Performance - The time period specified in the agreement, under Section
D, Period of Performance.
Project - The undertaking that is the subject of this agreement and that is, or may be,
funded in whole or in part with funds administered by the UTC.
UTC - Washington Utilities and Transportation Commission created under Title 80
RCW.
SECTION 2. PERFORMANCE BY GRANTEE
The grantee shall undertake the project as described in this agreement, the UTC’s order
pertaining to the project, and the grantee’s application, and in accordance with the
grantee’s proposed goals and objectives described in the application or documents
submitted with the application, all as finally approved by the UTC. All submitted
documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 17.
Timely completion of the project is important. Failure to do so, as set out in this
agreement, is a material breach of the agreement.
SECTION 3. ASSIGNMENT
Neither this agreement, nor any claim arising under this agreement, shall be transferred or
assigned by the grantee without prior written consent of the UTC.
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SECTION 4. RESPONSIBILITY FOR PROJECT
While the UTC undertakes to assist the grantee with the project by providing a grant
pursuant to this agreement, the project itself remains the sole responsibility of the
grantee. The UTC undertakes no responsibilities to the grantee, or to any third party,
other than as is expressly set out in this agreement. The responsibility for the
implementation of the project, as those phases are applicable to this project, is solely that
of the grantee, as is responsibility for any claim or suit of any nature by any third party
related in any way to the project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the grantee expressly agrees to and shall
indemnify, defend and hold harmless the state and its agencies, officials, agents and
employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the grantee’s or any contractor’s performance or failure to
perform the agreement. Grantee’s obligation to indemnify, defend and hold harmless also
includes any claim by grantee’s agents, employees, representatives or any contractor or
its employees. Grantee’s obligation to defend includes payment of any costs or attorneys’
fees. Grantee’s obligation shall not include such claims that may be caused by the sole
negligence of the state and its agencies, officials, agents, and employees. If the claims or
damages are caused by or result from the concurrent negligence of (a) the state, its agents
or employees and (b) the grantee, its contractors, agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the
Grantee or its contractors, agents, or employees. The grantee expressly agrees to waive
his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and
hold harmless the state and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE GRANTEE
The grantee and its employees or agents performing under this agreement are not
employees or agents of the UTC. The grantee will not hold itself out as nor claim to be an
officer or employee of UTC or of the state of Washington by reason hereof, nor will the
grantee make any claim of right, privilege or benefit which would accrue to an employee
under Chapters 41.06 RCW.
The grantee is responsible for withholding and/or paying employment taxes, insurance, or
deductions of any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the
UTC may, in its sole discretion, by written notice to the grantee, terminate this agreement
if it is found after due notice and examination by UTC that there is a violation of the
Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the
grantee in the procurement of, or performance under this agreement. In the event this
agreement is terminated as provided above, UTC shall be entitled to pursue the same
remedies against the grantee as it could pursue in the event of a breach of the agreement
by the grantee. The rights and remedies of UTC provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The
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existence of facts upon which the UTC makes any determination under this clause shall
be an issue and may be reviewed as provided in the “Dispute Resolution” clause of this
agreement.
SECTION 8. CONSTRUCTION, OPERATION, USE AND MAINTENANCE
Grantee must ensure that properties or facilities assisted with UTC funds, are built,
operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including
public health standards and building codes.
B. In a reasonably safe condition for the project’s intended use.
C. Throughout their estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
SECTION 9. ACKNOWLEDGMENT
The grantee shall include language that acknowledges the funding contribution of the
program to this project in any publication developed or modified for, or referring to, the
project.
SECTION 10. COMPLIANCE WITH APPLICABLE LAW
The grantee will implement the agreement in accordance with applicable federal, state,
and local laws and regulations.
The grantee shall comply with, and UTC is not responsible for determining compliance
with, any and all applicable federal, state, and local laws, regulations, and/or policies,
including, but not limited to, State Environmental Policy Act; Industrial Insurance
Coverage; Architectural Barriers Act; Chapter 39.12 RCW – Prevailing Wages on Public
Works; permits (shoreline, Hydraulics Project Approval, demolition); land use
regulations (comprehensive areas ordinances, Growth Management Act); federal and
state safety and health regulations (Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act); and Buy American Act.
The grantee shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to, the Americans with Disabilities Act;
Civil Rights Act; and the Age Discrimination Act. In the event of the grantee’s
noncompliance or refusal to comply with any nondiscrimination law or policy, the UTC
may rescind, cancel, or terminate the agreement in whole or in part, and the grantee may
be declared ineligible for further grant awards from UTC. The grantee is responsible for
any and all costs or liability arising from the grantee’s failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, or
for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
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television, or video presentation designed to support or defeat legislation pending before
the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses
of any grantee, or agent acting for such grantee, related to any activity designed to
influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 11. RECORDS MAINTENANCE
The grantee shall maintain books, records, documents, data, and other evidence relating
to this agreement and performance of the services described herein, including but not
limited to accounting procedures and practices that sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this agreement.
Grantee shall retain such records for a period of six years following the date of final
payment. At no additional cost, these records, including materials generated under the
agreement, shall be subject at all reasonable times to inspection, review or audit by UTC,
personnel duly authorized by UTC, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim, or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
SECTION 12. RIGHT OF INSPECTION
The grantee shall provide a right of access to its facilities to UTC or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, to allow the UTC to monitor and evaluate
performance, compliance, and/or quality assurance under this agreement.
SECTION 13. PROJECT FUNDING
A. Additional Amounts. UTC shall not be obligated to pay any amount beyond the
dollar amount as identified in this agreement, unless an additional amount has
been approved in advance by UTC or the Secretary and incorporated by written
amendment into this agreement.
B. Before the agreement. No expenditure made, or obligation incurred, by the
grantee before the effective date of this agreement shall be eligible for grant
funds, in whole or in part, unless specifically provided for by UTC policy. The
dollar amounts identified in this agreement may be reduced as necessary to
exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred,
following the period of performance shall be eligible, in whole or in part, for grant
funds hereunder. In addition to any remedy the UTC may have under this
agreement, the amounts identified in this agreement shall be reduced to exclude
any such expenditure from participation.
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SECTION 14. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation of UTC to pay any amount(s) under this
agreement is expressly conditioned upon strict compliance with the terms of this
agreement by the grantee.
B. The grantee will submit an invoice for full payment when the project is completed.
UTC Staff will inspect the project and process payment. A project is considered
"complete" when:
1. all approved or required activities outlined in the agreement are complete;
2. a grantee’s final request for reimbursement is submitted to the UTC;
3. the completed project has been approved by UTC;
4. final amendments have been processed; and
5. fiscal transactions are complete.
C. Advance payments are not allowable.
SECTION 15. RECOVERY OF PAYMENTS
In the event that the grantee fails to expend funds under this agreement in accordance
with state and federal laws, and/or the provisions of the agreement, UTC reserves the
right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
The grantee shall reimburse UTC for any overpayment or erroneous payments made
under the agreement. Repayment by the grantee of such funds under this recovery
provision shall occur within 30 days of demand by UTC. Interest shall accrue at the rate
of twelve percent (12%) per annum from the time that payment becomes due and owing.
SECTION 16. COVENANT AGAINST CONTINGENT FEES
The grantee warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the grantee for the purpose of securing business. UTC
shall have the right, in the event of breach of this clause by the grantee, to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
SECTION 17. ORDER OF PRECEDENCE
This agreement is entered into, pursuant to, and under the authority granted by applicable
state law. The provisions of the agreement shall be construed to conform to that law. In
the event of an inconsistency in the terms of this agreement, or between its terms and any
applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by
giving precedence in the following order:
A. Applicable statutes, orders, or policy and interpretive statements;
B. Project agreement including attachments;
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C. Additional provisions or modifications of General Provisions;
D. General Provisions.
SECTION 18. AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments
shall not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
SECTION 19. LIMITATION OF AUTHORITY
Only UTC or UTC’s delegate by writing (delegation to be made prior to action) shall
have the express, implied, or apparent authority to alter, amend, modify, or waive any
clause or condition of this agreement. Furthermore, any alteration, amendment,
modification, or waiver of any clause or condition of this agreement is not effective or
binding unless made in writing and signed by the UTC.
SECTION 20. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.
Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of
any other or subsequent breach and shall not be construed to be a modification of the
terms of the agreement unless stated to be such in writing, signed by the Executive
Secretary, or the Executive Secretary’s designee, and attached to the original agreement.
SECTION 21. APPLICATION REPRESENTATIONS --
MISREPRESENTATIONS OR INACCURACY OR BREACH
The UTC relies upon the grantee’s application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error, or
inaccuracy in any part of the application may be deemed a breach of this agreement.
SECTION 22. TERMINATION AND OTHER REMEDIES
UTC may require strict compliance by the grantee with the terms of this agreement
including, but not limited to, the requirements of the applicable statutes, rules, and UTC
policies that are incorporated into this agreement, and with the representations of the
grantee in its application for a grant as finally approved by UTC.
UTC or the Secretary, may suspend, or may terminate, the obligation to provide funding
to the grantee under this agreement:
A. In the event of any breach by the grantee of any of the grantee’s obligations under
this agreement; or
B. If the grantee fails to make progress satisfactory to UTC toward completion of the
project by the completion date set out in this agreement.
UTC may enforce this agreement by the remedy of specific performance, which usually
will mean completion of the Project as described in this agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to UTC. No
remedy available to UTC shall be deemed exclusive. UTC may elect to exercise any, any
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combination, or all of the remedies available to it under this agreement, or under any
provision of law, common law, or equity.
SECTION 23. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this agreement, UTC may, by ten (10) days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole
or in part. If this agreement is so terminated, UTC shall be liable only for payment
required under the terms of this agreement for project expenses incurred prior to the
effective date of termination.
SECTION 24. DISPUTE RESOLUTION
Except as may otherwise be provided in this agreement, when a dispute arises between
the grantee and the Staff of the UTC, which cannot be resolved, either party may request
a hearing according to the process set out in this section. Either party’s request for a
hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The grantee’s name, address, project title, and the assigned project number.
A request for a hearing under this section by either the UTC Staff or the grantee shall be
delivered or mailed to the other party and to the Secretary of the UTC. The request shall
be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute.
The UTC shall treat such a request, when made by a grantee, as an application for an
adjudicative proceeding under RCW 34.05.419.
SECTION 25. ATTORNEYS’ FEES
If either party brings litigation to enforce any term or condition of this agreement, or as a
result of this agreement, the prevailing party shall be awarded its reasonable attorneys’
fees together with necessary fees, expenses, and costs incurred for such litigation at both
trial and appellate levels, as well as in obtaining execution of judgment. The
reasonableness of such costs and attorneys’ fees shall be determined by the court and not
a jury.
SECTION 26. GOVERNING LAW/VENUE
This agreement shall be construed and interpreted in accordance with the laws of the state
of Washington. In the event of a lawsuit involving this agreement, venue shall be proper
only in Thurston County Superior Court. The grantee, by execution of this agreement
acknowledges the jurisdiction of the courts of the state of Washington.
In the cases where this agreement is between UTC and a federally recognized Indian
tribe, the following Governing Law/Venue applies:
A. The state of Washington agrees that it shall initiate any lawsuit against a federally
recognized Indian tribe arising out of or relating to the performance, breach or
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enforcement of this agreement in Federal Court. Interpretation shall be according
to the law of the state of Washington. In the event that the Federal Court
determines that it lacks subject matter jurisdiction to resolve the dispute between
the state and Tribal Party, then the parties agree to venue in Thurston County
Superior Court, but the parties agree that the matter shall not be pursued in
superior court unless there is a Federal Court determination that it lacks subject
matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or
equity or otherwise, resulting from the action shall be binding and enforceable
upon the parties. Any money judgment or award against the Tribe, tribal officers
and members, or the state of Washington and its officers and employees may not
exceed the amount provided for in Section E- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this
section, and the state of Washington has waived its immunity to suit in state court.
These waivers are only for the benefit of the Tribe and state and shall not be
enforceable by any third party or by any assignee or delegate of the parties. In any
enforcement action, the parties shall bear their own enforcement costs, including
attorneys’ fees.
SECTION 27. SEVERABILITY
The provisions of this agreement are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of the agreement.
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Washington Utilities and Transportation Commission Grant
for Pedestrian Safety Fencing at Burlington Northern Santa
Fe Railroad - Authorize
MOTION: Authorize the Mayor to accept grant funds from the Washington
Utilities and Transportation Commission for pedestrian safety fencing at
the Burlington Northern Santa Fe rail crossing in the amount of $10,000,
authorize the expenditure of the grant funds accordingly 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 Washington Utilities and Transportation Commission has offered
Kent a grant in the amount of $10,000 to construct approximately 250 feet of chain
link fencing east of the Burlington Northern Santa Fe Railway approximately 0.33
miles north of East James Street. The fencing is being constructed to deter
pedestrian trespass across Burlington Northern Santa Fe Railway right-of-way. This
fencing is a component of the City’s larger project to establish a railroad Quiet Zone
through Downtown Kent.
BUDGET IMPACT: Addition of $10,000 to the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Washington Utilities and Transportation Commission Project Agreement
Grade Crossing Protective Fund (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
SECONDER: Dennis Higgins, Chair
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
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Revised Apr. 30, 2018 1
PROJECT AGREEMENT
GRADE CROSSING PROTECTIVE FUND
Docket No.: TR-180718
Commission Approval Date: December 13, 2018
A. PARTIES TO THE AGREEMENT
This project grant agreement (agreement) is entered into between the Washington
Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia,
Washington 98504-7250, and the City of Kent, 400 W. Gowe, Kent, WA, 98032, and
shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF THE AGREEMENT
The agreement pertains to a grant administered by the UTC for the benefit of the
grantee pursuant to UTC order entered in Docket No. TR-180718. This agreement
memorializes any conditions of the grant imposed by the UTC in such order. As
stated in the General Provisions, Section 17, the UTC order pertaining to the project
takes precedence over this agreement in the event of conflict.
C. DESCRIPTION OF PROJECT
TR-180718 involves the installation of approximately 250 lineal feet of six-foot,
chain link fencing approximately one third of a mile north of the East James Street
crossing. The crossing is identified as USDOT 085629K. Additional information
about the project can be found in the grantee’s application.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 13, 2018, and end on
June 15, 2019. No expenditure made before or after this period is eligible for
reimbursement unless incorporated by written amendment into this agreement.
E. PROJECT FUNDING
Total grant funding awarded by the UTC for this project shall not exceed $10,000.
The total approximate cost of the project is $10,395. The grantee shall be responsible
for all additional costs.
F. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties are subject to this agreement and its
attachments, including the grantee’s application, the UTC’s order pertaining to the
project, and the general provisions, all of which are attached and/or incorporated by
reference into this agreement.
Except as provided, no alteration of any of the terms or conditions of this agreement
will be effective unless provided in writing. All alterations must be signed by both
parties.
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Revised Apr. 30, 2018 2
The grantee has read, fully understands, and agrees to be bound by all terms and
conditions in the UTC’s order pertaining to the project and in this agreement.
G. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND UTC POLICIES
This agreement is governed by, and the grantee shall comply with, all applicable state
and federal laws and regulations, including RCW 81.53, WAC 480-62, and the
UTC’s order pertaining to the project, which are incorporated by this reference as if
fully set forth.
H. PROJECT GRANT AGREEMENT REPRESENTATIVES
All written communications under this agreement will be addressed and delivered to:
City of Kent
Kelly Peterson
400 W. Gowe
Kent, WA 98032
Utilities and Transportation Commission
Kathy Hunter
1300 S. Evergreen Park Drive SW
P.O. Box 47250
Olympia, WA 98504-7250
These addresses shall be effective until receipt by one party from the other of a
written notice of any change.
I. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the
articles. No other understandings, oral or otherwise, regarding this agreement shall
exist or bind any of the parties.
J. EFFECTIVE DATE
This agreement shall be effective upon signing by all parties.
State of Washington
Utilities and Transportation Commission
By: _________________________________ Date:__________________
(Executive Director and Secretary)
City of Kent
By: _________________________________ Date: __________________
Title: ________________________________
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General Provisions
Of the Project Agreement
Heading and Definitions
Section 1. Headings and Definitions ........................................................................2
Performance and Requirements (General Responsibilities)
Section 2. Performance by Grantee .........................................................................2
Section 3. Assignment .............................................................................................2
Section 4. Responsibility for Project .......................................................................3
Section 5. Indemnification .......................................................................................3
Section 6. Independent Capacity of the Grantee ......................................................3
Section 7. Conflict of Interest ..................................................................................3
Section 8. Construction, Operation, Use and Maintenance .....................................4
Section 9. Acknowledgment ....................................................................................4
Compliance with Laws, Records, and Inspections
Section 10. Compliance with Applicable Law .......................................................4
Section 11. Records Maintenance ............................................................................5
Section 12. Right of Inspection ................................................................................5
Funding, Reimbursements
Section 13. Project Funding .....................................................................................5
Section 14. Project Reimbursements .......................................................................6
Section 15. Recovery of Payments ..........................................................................6
Section 16. Covenant Against Contingent Fees .......................................................6
Remedies and Disputes
Section 17. Order of Precedence ..............................................................................6
Section 18. Amendments .........................................................................................7
Section 19. Limitation of Authority .........................................................................7
Section 20. Waiver of Default .................................................................................7
Section 21. Application Representations—Misrepresentations or Inaccuracy or
Breach ......................................................................................................................7
Section 22. Termination and Other Remedies ........................................................7
Section 23. Termination for Convenience ...............................................................8
Section 24. Dispute Resolution ................................................................................8
Section 25. Attorneys’ Fees .....................................................................................8
Section 26. Governing Law/Venue ..........................................................................8
Section 27. Severability ...........................................................................................9
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SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this agreement are for reference purposes only and shall not be
considered a substantive part of this agreement.
B. Definitions. As used throughout this agreement, the following terms shall have the
meaning set forth below:
Agreement - The accord accepted by all parties to the present transaction; the
agreement, any supplemental agreement, and any intergovernmental agreement
between the UTC and a grantee.
Applicant - Any agency or organization that meets the qualifying standards, including
deadlines, for submission of an application soliciting a grant of funds from the UTC.
Application - The forms and support documents approved by the UTC or its
Secretary for use by applicants in soliciting project funds administered by UTC.
Contractor - One not in the employment of the grantee who is performing all or part
of the eligible activities for this projects under a separate agreement with the grantee.
The term "Contractor" and "Contractors" means Contractor(s) in any tier.
Secretary - The UTC Secretary or the Secretary’s designee.
Grantee - The applicant who has been awarded a grant of funds and is bound by this
executed agreement; includes its officers, employees and agents.
Milestone – Important date(s) tracked in the agreement for monitoring the project
status.
Period of Performance - The time period specified in the agreement, under Section
D, Period of Performance.
Project - The undertaking that is the subject of this agreement and that is, or may be,
funded in whole or in part with funds administered by the UTC.
UTC - Washington Utilities and Transportation Commission created under Title 80
RCW.
SECTION 2. PERFORMANCE BY GRANTEE
The grantee shall undertake the project as described in this agreement, the UTC’s order
pertaining to the project, and the grantee’s application, and in accordance with the
grantee’s proposed goals and objectives described in the application or documents
submitted with the application, all as finally approved by the UTC. All submitted
documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 17.
Timely completion of the project is important. Failure to do so, as set out in this
agreement, is a material breach of the agreement.
SECTION 3. ASSIGNMENT
Neither this agreement, nor any claim arising under this agreement, shall be transferred or
assigned by the grantee without prior written consent of the UTC.
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SECTION 4. RESPONSIBILITY FOR PROJECT
While the UTC undertakes to assist the grantee with the project by providing a grant
pursuant to this agreement, the project itself remains the sole responsibility of the
grantee. The UTC undertakes no responsibilities to the grantee, or to any third party,
other than as is expressly set out in this agreement. The responsibility for the
implementation of the project, as those phases are applicable to this project, is solely that
of the grantee, as is responsibility for any claim or suit of any nature by any third party
related in any way to the project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the grantee expressly agrees to and shall
indemnify, defend and hold harmless the state and its agencies, officials, agents and
employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the grantee’s or any contractor’s performance or failure to
perform the agreement. Grantee’s obligation to indemnify, defend and hold harmless also
includes any claim by grantee’s agents, employees, representatives or any contractor or
its employees. Grantee’s obligation to defend includes payment of any costs or attorneys’
fees. Grantee’s obligation shall not include such claims that may be caused by the sole
negligence of the state and its agencies, officials, agents, and employees. If the claims or
damages are caused by or result from the concurrent negligence of (a) the state, its agents
or employees and (b) the grantee, its contractors, agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the
Grantee or its contractors, agents, or employees. The grantee expressly agrees to waive
his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and
hold harmless the state and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE GRANTEE
The grantee and its employees or agents performing under this agreement are not
employees or agents of the UTC. The grantee will not hold itself out as nor claim to be an
officer or employee of UTC or of the state of Washington by reason hereof, nor will the
grantee make any claim of right, privilege or benefit which would accrue to an employee
under Chapters 41.06 RCW.
The grantee is responsible for withholding and/or paying employment taxes, insurance, or
deductions of any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the
UTC may, in its sole discretion, by written notice to the grantee, terminate this agreement
if it is found after due notice and examination by UTC that there is a violation of the
Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the
grantee in the procurement of, or performance under this agreement. In the event this
agreement is terminated as provided above, UTC shall be entitled to pursue the same
remedies against the grantee as it could pursue in the event of a breach of the agreement
by the grantee. The rights and remedies of UTC provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The
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existence of facts upon which the UTC makes any determination under this clause shall
be an issue and may be reviewed as provided in the “Dispute Resolution” clause of this
agreement.
SECTION 8. CONSTRUCTION, OPERATION, USE AND MAINTENANCE
Grantee must ensure that properties or facilities assisted with UTC funds, are built,
operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including
public health standards and building codes.
B. In a reasonably safe condition for the project’s intended use.
C. Throughout their estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
SECTION 9. ACKNOWLEDGMENT
The grantee shall include language that acknowledges the funding contribution of the
program to this project in any publication developed or modified for, or referring to, the
project.
SECTION 10. COMPLIANCE WITH APPLICABLE LAW
The grantee will implement the agreement in accordance with applicable federal, state,
and local laws and regulations.
The grantee shall comply with, and UTC is not responsible for determining compliance
with, any and all applicable federal, state, and local laws, regulations, and/or policies,
including, but not limited to, State Environmental Policy Act; Industrial Insurance
Coverage; Architectural Barriers Act; Chapter 39.12 RCW – Prevailing Wages on Public
Works; permits (shoreline, Hydraulics Project Approval, demolition); land use
regulations (comprehensive areas ordinances, Growth Management Act); federal and
state safety and health regulations (Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act); and Buy American Act.
The grantee shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to, the Americans with Disabilities Act;
Civil Rights Act; and the Age Discrimination Act. In the event of the grantee’s
noncompliance or refusal to comply with any nondiscrimination law or policy, the UTC
may rescind, cancel, or terminate the agreement in whole or in part, and the grantee may
be declared ineligible for further grant awards from UTC. The grantee is responsible for
any and all costs or liability arising from the grantee’s failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, or
for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
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television, or video presentation designed to support or defeat legislation pending before
the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses
of any grantee, or agent acting for such grantee, related to any activity designed to
influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 11. RECORDS MAINTENANCE
The grantee shall maintain books, records, documents, data, and other evidence relating
to this agreement and performance of the services described herein, including but not
limited to accounting procedures and practices that sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this agreement.
Grantee shall retain such records for a period of six years following the date of final
payment. At no additional cost, these records, including materials generated under the
agreement, shall be subject at all reasonable times to inspection, review or audit by UTC,
personnel duly authorized by UTC, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim, or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
SECTION 12. RIGHT OF INSPECTION
The grantee shall provide a right of access to its facilities to UTC or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, to allow the UTC to monitor and evaluate
performance, compliance, and/or quality assurance under this agreement.
SECTION 13. PROJECT FUNDING
A. Additional Amounts. UTC shall not be obligated to pay any amount beyond the
dollar amount as identified in this agreement, unless an additional amount has
been approved in advance by UTC or the Secretary and incorporated by written
amendment into this agreement.
B. Before the agreement. No expenditure made, or obligation incurred, by the
grantee before the effective date of this agreement shall be eligible for grant
funds, in whole or in part, unless specifically provided for by UTC policy. The
dollar amounts identified in this agreement may be reduced as necessary to
exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred,
following the period of performance shall be eligible, in whole or in part, for grant
funds hereunder. In addition to any remedy the UTC may have under this
agreement, the amounts identified in this agreement shall be reduced to exclude
any such expenditure from participation.
8.N.a
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SECTION 14. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation of UTC to pay any amount(s) under this
agreement is expressly conditioned upon strict compliance with the terms of this
agreement by the grantee.
B. The grantee will submit an invoice for full payment when the project is completed.
UTC Staff will inspect the project and process payment. A project is considered
"complete" when:
1. all approved or required activities outlined in the agreement are complete;
2. a grantee’s final request for reimbursement is submitted to the UTC;
3. the completed project has been approved by UTC;
4. final amendments have been processed; and
5. fiscal transactions are complete.
C. Advance payments are not allowable.
SECTION 15. RECOVERY OF PAYMENTS
In the event that the grantee fails to expend funds under this agreement in accordance
with state and federal laws, and/or the provisions of the agreement, UTC reserves the
right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
The grantee shall reimburse UTC for any overpayment or erroneous payments made
under the agreement. Repayment by the grantee of such funds under this recovery
provision shall occur within 30 days of demand by UTC. Interest shall accrue at the rate
of twelve percent (12%) per annum from the time that payment becomes due and owing.
SECTION 16. COVENANT AGAINST CONTINGENT FEES
The grantee warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the grantee for the purpose of securing business. UTC
shall have the right, in the event of breach of this clause by the grantee, to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
SECTION 17. ORDER OF PRECEDENCE
This agreement is entered into, pursuant to, and under the authority granted by applicable
state law. The provisions of the agreement shall be construed to conform to that law. In
the event of an inconsistency in the terms of this agreement, or between its terms and any
applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by
giving precedence in the following order:
A. Applicable statutes, orders, or policy and interpretive statements;
B. Project agreement including attachments;
8.N.a
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C. Additional provisions or modifications of General Provisions;
D. General Provisions.
SECTION 18. AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments
shall not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
SECTION 19. LIMITATION OF AUTHORITY
Only UTC or UTC’s delegate by writing (delegation to be made prior to action) shall
have the express, implied, or apparent authority to alter, amend, modify, or waive any
clause or condition of this agreement. Furthermore, any alteration, amendment,
modification, or waiver of any clause or condition of this agreement is not effective or
binding unless made in writing and signed by the UTC.
SECTION 20. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.
Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of
any other or subsequent breach and shall not be construed to be a modification of the
terms of the agreement unless stated to be such in writing, signed by the Executive
Secretary, or the Executive Secretary’s designee, and attached to the original agreement.
SECTION 21. APPLICATION REPRESENTATIONS --
MISREPRESENTATIONS OR INACCURACY OR BREACH
The UTC relies upon the grantee’s application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error, or
inaccuracy in any part of the application may be deemed a breach of this agreement.
SECTION 22. TERMINATION AND OTHER REMEDIES
UTC may require strict compliance by the grantee with the terms of this agreement
including, but not limited to, the requirements of the applicable statutes, rules, and UTC
policies that are incorporated into this agreement, and with the representations of the
grantee in its application for a grant as finally approved by UTC.
UTC or the Secretary, may suspend, or may terminate, the obligation to provide funding
to the grantee under this agreement:
A. In the event of any breach by the grantee of any of the grantee’s obligations under
this agreement; or
B. If the grantee fails to make progress satisfactory to UTC toward completion of the
project by the completion date set out in this agreement.
UTC may enforce this agreement by the remedy of specific performance, which usually
will mean completion of the Project as described in this agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to UTC. No
remedy available to UTC shall be deemed exclusive. UTC may elect to exercise any, any
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combination, or all of the remedies available to it under this agreement, or under any
provision of law, common law, or equity.
SECTION 23. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this agreement, UTC may, by ten (10) days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole
or in part. If this agreement is so terminated, UTC shall be liable only for payment
required under the terms of this agreement for project expenses incurred prior to the
effective date of termination.
SECTION 24. DISPUTE RESOLUTION
Except as may otherwise be provided in this agreement, when a dispute arises between
the grantee and the Staff of the UTC, which cannot be resolved, either party may request
a hearing according to the process set out in this section. Either party’s request for a
hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The grantee’s name, address, project title, and the assigned project number.
A request for a hearing under this section by either the UTC Staff or the grantee shall be
delivered or mailed to the other party and to the Secretary of the UTC. The request shall
be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute.
The UTC shall treat such a request, when made by a grantee, as an application for an
adjudicative proceeding under RCW 34.05.419.
SECTION 25. ATTORNEYS’ FEES
If either party brings litigation to enforce any term or condition of this agreement, or as a
result of this agreement, the prevailing party shall be awarded its reasonable attorneys’
fees together with necessary fees, expenses, and costs incurred for such litigation at both
trial and appellate levels, as well as in obtaining execution of judgment. The
reasonableness of such costs and attorneys’ fees shall be determined by the court and not
a jury.
SECTION 26. GOVERNING LAW/VENUE
This agreement shall be construed and interpreted in accordance with the laws of the state
of Washington. In the event of a lawsuit involving this agreement, venue shall be proper
only in Thurston County Superior Court. The grantee, by execution of this agreement
acknowledges the jurisdiction of the courts of the state of Washington.
In the cases where this agreement is between UTC and a federally recognized Indian
tribe, the following Governing Law/Venue applies:
A. The state of Washington agrees that it shall initiate any lawsuit against a federally
recognized Indian tribe arising out of or relating to the performance, breach or
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enforcement of this agreement in Federal Court. Interpretation shall be according
to the law of the state of Washington. In the event that the Federal Court
determines that it lacks subject matter jurisdiction to resolve the dispute between
the state and Tribal Party, then the parties agree to venue in Thurston County
Superior Court, but the parties agree that the matter shall not be pursued in
superior court unless there is a Federal Court determination that it lacks subject
matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or
equity or otherwise, resulting from the action shall be binding and enforceable
upon the parties. Any money judgment or award against the Tribe, tribal officers
and members, or the state of Washington and its officers and employees may not
exceed the amount provided for in Section E- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this
section, and the state of Washington has waived its immunity to suit in state court.
These waivers are only for the benefit of the Tribe and state and shall not be
enforceable by any third party or by any assignee or delegate of the parties. In any
enforcement action, the parties shall bear their own enforcement costs, including
attorneys’ fees.
SECTION 27. SEVERABILITY
The provisions of this agreement are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of the agreement.
8.N.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Tetra Tech, Inc, for
Design and Upgrade of Aeration System at Lake Fenwick -
Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
Tetra Tech Inc, in an amount not to exceed $68,490, for the design and
upgraded aeration system at Lake Fenwick, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: In 1995, the City of Kent installed an aeration system to improve
oxygen levels in Lake Fenwick and to reduce harmful algae blooms. The original
system helped, but has not been able to keep up with the current oxygen demand
in the Lake. This has led to recurrent, unsightly algae blooms.
In 2010, the City hired Tetra Tech Inc, to determine how best to improve water
quality conditions in the Lake. Tetra Tech recommended that the existing aeration
system be upgraded to provide more oxygen to the bottom of the lake. The City
has recently been awarded grant funds to finance this retrofit.
The Consultant Services Agreement between the City and Tetra Tech, Inc, will
complete the design of the aerator retrofit. Once the design is complete, staff will
seek Council approval to proceed with a construction contract in 2020 to implement
the aerator retrofit.
BUDGET IMPACT: This consultant design contract will be paid with funds the City
has received from the King County Waterworks Grant program and the King County
Flood Control District Sub-regional Opportunity Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Consultant Services Agreement with Tetra Tech, Inc (PDF)
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.O
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.O
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tetra Tech, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Delaware, located
and doing business at 1420 Fifth Ave., Suite 650, Seattle, WA 98101, Phone: (206) 838-6258, Contact:
Adam Baines (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assist with the Lake Fenwick Hypolimnetic Aerator Retrofit Project. For
a description, see the Consultant's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Sixty Eight Thousand, Four Hundred Ninety Dollars ($68,490.00), for the services described
in this Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
8.O.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
8.O.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
8.O.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Adam Baines
Tetra Tech, Inc.
1420 Fifth Ave., Suite 650
Seattle, WA 98101
(206) 838-6258 (telephone)
(206) 728-9670 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Tetra Tech - Lk Fenwick Aerator Retrofit/Knox
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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''ìJ
EXHIBIT A
Lake Fenwick Hypolimnetic Aerator Retrofît
Scope of Work & Fee Estimate
Public Works Department
City of Kent, WA
February 13,2019
Tetra Tech, Inc.
1420 sth Avenue, Suite 650
Seattle, Washington 981 0l
The following is a proposed scope of work (Exhibit A) and fee estimate (Exhibit B)
to provide City of Kent staff and representatives with information on planning,
design, and construction for the retrofit of the hypolimnetic aerator at Lake Fènwick
Background
The city of Kent ("city") currently maintains a hypolimnetic aerator at Lake
Fenwick that is located at the deepest part of the lake. The aerator was designed to
meet the oxygen demand of both the hypolimnion and sediments of the lake, while
still maintaining thermal stratification throughout the summer months. The design
goals were to maintain levels of dissolved oxygen within the hypolimnion by
introducing oxygen-enriched air that would provide for fish habitat and lowèr the
number of summer algal blooms by reducing the amount of phosphorus present due
to anoxia of the sediments on the lake bottom.
Water quality monitoring at the site of the current Lake Fenwick hypolimnetic
aerator from 2006 through September 2018 has recorded a consistent deficit in
dissolved oxygen within the hypolimnion that is not meeting the lake's oxygen
demand. The dissolved oxygen deficient conditions within the lake's hypoùmnion
were originally identified in the Lake Fenwick Hypotimnetic Aerator Retrofit
Conceptual Design Report (Tetra Tech, 201 0). The report detailed possible retrofit
altematives for the aerator that would increase the amount of dissolved oxygen
within the hypolimnion.
The observed dissolved oxygen deficiency has coincided with an increasing amount
of total phosphorus within the hypolimnion of Lake Fenwick during the summer
months (including observed algal blooms in 201 6 - z0l8) after the conditions
detailed in the 2010 Design Report,
the hvnol ion and anoxia of the iments is contributins more total
phosphorus within the hypolimnion. This is the result of continued sediment oxygen
demand and increasing reducing conditions (redox) in the sediment due to increaied
productivity by phytoplankton.
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In August of 2018, the City notified Tetra Tech (TÐ that it would like to proceed
with Àltern ative 2 from the 2010 report that includes upgrading the existing AirSep
Unit and Compressor.
Updating Conceptual Design
Water quality monitoring of the water column in Lake Fenwick since 2010 has
observed the continuing deficit of dissolved oxygen and measured the increasing
total phosphorus levels within the hypolimnion during the summer months (Figure l)
that demonstrates a need to increase the capacity of the existing aerator system
beyond only upgrading the AirSep unit and Compressor as described in the 2010
Conceptual Design Report.
Figure I - Mean Hypolimnetic Total Phosphofus (TP) LeVêis, Summer iVlonths 2lì0ó - 2tt8
In addition, the sediments are recycling phosphorus at a greater rate and adding to
the already surplus reservoir of phosphorus that enables toxic cyanobacteria blooms.
To overcome this redox release of phosphorus, the oxygen delivered to the
hypolimnion must be greater than previously estimated (because of continued
rıóha.ging of sediment via lake retention and minimal phosphorus flushing). There is
also a need for increased water circulation via the increased delivery of oxygen
throughout the hypolimnion. Hence, the hypolimnetic aeration system has to deliver
more oxygen to meet the increase in oxygen demand and resulting redox conditions,
and also provide greater distribution of the oxygen through the hypolimnion to
maximize sediment phosphorus retention without release to the overlying water
while developing an aerobic aquatic habitat in the deeper areas of the lake.
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The additional design work required to properly retrofit the aerator system to
increase the delivery of oxygen volume to the hypolimnion, beyond ûpgrading the
AirSep unit and Compressor as described in the 2010 Conceptual Desìgn Repãrt, is
reflected in the following scope of work and fee estimate as iequested by the City of
Kent. The additional necessary design work described above along with increasãd
Iabor rates account for the differences between the original 2010 Conceptual Design
Report estimate and the provided fee estimate.
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ScoPe of Work
Phase L. Aerator Retrofit Ensineerins and Desisn to 90yo
Task 1.0 - Project Management and Contract Administration
Tt will prepare monthly invoices and progress reports as needed, as well as
coordination of work efforts with the designated City of Kent point of contact
Deliverables:
I Monthly invoices in electronic form'
. Progress reports as needed in electronic form'
Task 2.0 - Engineering for Alternatives Analysis and 107o Design Plans
Tt wilt provide City of Kent ("City") staff with various alternatives to the original
2010 Lake Fenwick Alternative 2 aerator retroftt specifications that reflect more
recent Lake Fenwick water quality sampling data and experience with other aerator
design projects in the area, including the replacement of the existing aeration
pipeline to account for the increased volume of oxygen'
Tt will assist the City in selecting a design that effectively balances capital costs with
operation & maintenance (O&M) costs to meet the City's needs, including an in-
dàpth meeting that will include details on currently available equipment and life-
cyòle costs. The City will provide a current assessment of the existing infrastructure
un¿ ft will assist the City in determining how much of the existing infrastructure can
possibly be incorporated in to any of the retrofit alternatives. For budgeting
purpor"r, three (3) altematives and two (2) meetings with City staff are assumed.
After the City selects a preferred design, Tt will develop l0% design plans for the
retrofit of the Lake Fenwick aerator and provide an updated construction cost
estimate to the original20l0 cost estimate for the project'
Specific objectives and methods of the alternatives analysis and l0% design task are
as follows:
Tt will contact equipment suppliers and determine current pricing for
upgraded AirSep and compressor units.
Tt will determine proper aeration pipeline sizing based on upgraded AirSep
and compressor mechanical units and provide cost-benefìt estimates for each
recommended configuration of pipeline-size and mechanical units.
Tt will produce 10% design plans for the preferred aerator retrofit option
selected by the City.
Tt will prepare a technical memorandum detailing the l0% design and
include a construction cost estimate for the selected aerator retrofit
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Deliverables include the following:
o Cost estimates and details for Alternatives Analysis in electronic form.o l0o/o design plans in electronic form.o Construction cost estimate in electronic form.¡ Technical Memorandum for l0% design in electronic form.
Assumptions:
¡ Citv will ide official Notice To on or before Ma 15.2019
a City will provide dimensions and drawings for all existing infrastructure that will
be involved in the project.
City willprovide an assessment of allexisting infrastructure to help determine
what is still viable for possible inclusion in the design alternatives.
a
Task Completion Timeline:
r Deliverables for Task 2.0 to be provided to City of Kent within 16 weeks after
Tetra Tech receives official Notice to Proceed from the city of Kent.
TASK 3.0 - 6.0 woRK AUTHORIZATION: Tt will not proceed to Task 3.0,
Task 4.0, Task 5.0, or Task 6.0 without written (via electronic form or physical
letter) authorization for each task provided by City staff to Tt.
Task 3.0 - 60Vo Design Plans and Permitting
Tt will produce a set of 60% design plans after consulting with City staff and
addressing any comments from their review of the l0% design plans from Task
2.0.
Tt will assist the city in identifying and obtaining any necessary state and/or
local permits required for the project based on the 60% design plans. For
budgeting purposes, one (1) meeting with city staff is assumed to discuss
permitting requirements for the project.
Deliverables include the following:
. 600/0 design plans in electronic form.
Task Completion Timeline:
o Deliverables in Task 3.0 provided to City of Kent within I weeks after both of the
following have occurred: frnal deliverables in Task 2.0 are received by City of
Kent AND work authorization to proceed on Task 3.0 has been provided to Tt by
the City.
Assumptions:
. City will submit all final permits to the appropriate agencies.
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Task 4.0 -90"^ Design Plans
Tt will produce a set of 90% design plans addressing any issues that are
identified as part of the permitting process in Task 3.0. Tt will develop a refined
construction cost estimate based on 90Yo design plans.
Deliverables include the following:
. 90o/o design plans in electronic form.
o Refined construction cost estimate in electronic form.
Task Completion Timeline:
o Deliverables in Task 4.0 to be provided to City of Kent within 6 weeks after both
of the following have occurred: final deliverables in Task 3.0 are received by the
City AND work authorization to proceed on Task 4.0 has been provided to Tt by
the City.
Assumptions:
o City willobtain all finalpermits identified in Task 3.0 and notify Tetra Tech of
permit receipts PRIOR to the completion of Task 4.0.
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Phase 2. 1007o Desien Plans and Construction Bid Support
Task 5.0 - l00o/o Design Plans and Bid Document Preparation
Tt will produce a set of l00yo design plans and specifications and assist the city
in preparing the bid documents for the aerator retrofrt project. The bid
documents will utilize the City of Kent's standard specifications and formatting
In addition, a technical specifications section will be prepared that defines the
mobilization/demobilization/testing, sitework, piping, structural/architectural,
mechanical, electrical, instrumentation and control, and site restoration required
for the project.
Deliverables include the following:. 100%o design plans in electronic form.¡ Technical Specs section for Bid Package in electronic form.
Task Completion Timeline:
o Deliverables in Task 5.0 to be completed within I weeks after both of the
following have occurred: final deliverables in Task 4.0 arc received by the City
AND work authorization to proceed on Task 5.0 has been provided to Tt by the
City.
Projected Task 5.0 Completion Date:
o December 6,2019 (Assuming official Notice To Proceed has been provided by
City of Kent to Tetra Tech on or before March 15,2019)
Task 6.0 - Bid Evaluation Assistance
Tt will provide support and assistance to the City in reviewing the received bids and
selecting a bid as requested by City of Kent staff.
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EXHIBIT B
Engineering tÞsign and Construction Administration Fee Estimate & Labor Rate Table
2n3t20t9
TETRA TECH - River & Coastal Engineering (RCE) Group
CITYOF KENT
LAKE FENWICK AERATOR RETROFIT F EE ESTIMATE
Fee Estimate
*NOTE: Rates v¡lid until afterwhich ¡nnual r¡te occur
Total t¿bor
with OH
ss 676
929.452
$15 057
$7.604
$6.790
si 764
s68,344
Total Hours
52
252
64
5ó
28
576
Admin Support
só5.00
t6
I
4
4
4
36
CAD
Technicim
sl00.tó
120
48
16
l6
200
StructuraY
Mechanical
Engineer
$ I 6s.40
8
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Electric al
Engineer
$170. l0
I
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2
l4
Project
lvleager
(FM)/Civil-
Environmental
Engineer
s124.8't
32
24
l6
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12
t2
tt2
Project Civil
Engineer
s123.20
60
28
20
12
8
128
Pnncipal
Scientist
$r60.00
4
24
20
8
8
8
72
Diræt Labor + Qfl + profit*
Description
Proiect Meagement æd Contract Administration
l0% Desiea Plans & Engneerng for At. Analysis
60% Desien Plæs & Permitting
90% Desim Plms
100o/o Design Plans & Bd Document Prep.
Bid Evaluation Assistmce
Work Task #
2
3
4
5
6
Total L¡bor
NotesCost
s70
Ouantily
200
Unit Cost
s0 l0
t Jnit
REPRODUCTION
F)mcrintion
Monitorins reDort üd technical memos
REPRO: S20
Notes
GSA milease rate
Cost
sr07
Oumtitv
200
ìJnit Cost
s0.535
Unit
miles
f)escrintior
Mileace
TRAVEL:
TRAVEL
Notes
Chrsed on all Materials, Reproduction, md Travell4.79Vo
Percentage
Fee on Other Direct Costs
FJescriotion
G&A Fee FEE: 5146TOTAL
TOTAL COST: $68,490
8.O.a
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Labor Rate Table
St¡f? l¡bor Class
Flarry Gbbons / Principal Scientist
Mark Fbpkinson / Project Civil Engineer
Adam Ehines / PM-Civil-Environmental Engineer
Shannon Ekattebo / Civil-Environmental Engineer
Randy Fritch / Eectrical Engineer
Ryan Maas / Structural-Mechanical Engineer
100.00
77.OO
40.94
40.64
55.77
54.23
160 00
123.20
124 87
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170. l0
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mark-up
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prolit)
160
1.60
3.05
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3.05
Labor Rate
$/hour
$
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NOT& Rates are valid until l/l/2020. after rvùich annuel rate upd¡tes m¡y occur
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EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Public Works Agreement with M.A.D. Construction, LLC -
Authorize
MOTION: Authorize the Mayor to sign a Public Works Agreement with
M.A.D. Construction, LLC in the amount of $124,386.90, to provide labor
and materials for the Kent City Council Chambers renovation project,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: Over the last several years, the City has had a shortage of large
conference rooms to conduct City business. This project would not only provide
needed updates to a space that has not had any significant upgrades since 2003, it
will provide space for larger meetings both in-house as well as the ability to hold
regional meetings in Kent. The updates will make the space more versatile and
accessible for all users.
This project was first advertised to five vendors through the MRSC Small Works
Roster on August 8, 2018, no responses were received. The project was then
advertised a second time on September 24, 2018, to all vendors on the MRSC Small
Works Roster. Out of the six vendors that requested plans, four did not respond at
all and one vendor gave an incomplete bid followed up with a note withdrawing
from the bidding. M.A.D. Construction, LLC, submitted the only valid bid in the
amount of $124,386.90.
BUDGET IMPACT: Council Chambers Renovation Budget, Facilities Capital
Budget
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Evolving Infrastructure
ATTACHMENTS:
1. Public Works Agreement with M.A.D. Construction (DOCX)
02/21/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
8.P
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.P
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PUBLIC WORKS AGREEMENT - 1
(Over $20K with Performance Bond)
PUBLIC WORKS AGREEMENT
between City of Kent and
M.A.D. Construction, LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and M.A.D. Construction, LLC, organized under the laws of the State of
Washington, located and doing business at 22002 38th Ave E, Spanaway, WA 98387, Kevin Young, 253
846-1265, madconst@live.com, (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications:
To provide all labor and materials required to complete the following work as part of the City
of Kent Council Chambers renovation project, 220 4 th Ave South, Kent 98032: re-finish DIAS
and build (2) new podiums, supply and install new wall panels , all per plans provided by
Broderick Architects dated 12/04/18, in accordance with Proposal dated 01/21/2019, which
is attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this
Agreement, Contractor shall complete the work described in Section I by June 30, 2019.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$124,386.90, including any applicable Washington State Sales Tax, for the work and services
contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the
portion of the work described in the invoice that has been completed by the Contractor and approved by
the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and
acceptance of the project.
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount.
B. Retainage. The City shall hold back a retainage in the amount of five percent (5%)
of any and all payments made to contractor for a period of sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue, the State Department of Labor & Industries, and the State
Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a
8.P.a
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PUBLIC WORKS AGREEMENT - 2
(Over $20K with Performance Bond)
fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by
the Contractor within fourteen (14) calendar days of Contractor’s signature on the
Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Contractor for any defective or unauthorized work. Defective or unauthorized
work includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnished without the
City’s written approval. If Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may comp lete the work by contract or
otherwise, and Contractor shall be liable to the City for any additional costs incurred
by the City. “Additional costs” shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following repre sentations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business f rom which
Contractor’s services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor’s services and is a service other than that furnished by the City,
or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an ac count with the state
Department of Revenue and other state agencies as may be required by Contractor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause”
shall include, without limitation, any one or more of the following events:
8.P.a
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PUBLIC WORKS AGREEMENT - 3
(Over $20K with Performance Bond)
A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
Agreement.
C. The Contractor’s failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor’s breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
take possession of all records and data within the Contractor’s possession pertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing
Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the
Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determi nes, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will a ttempt, in good faith, to reach agreement with
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order from the
City before actually receiving the written change order. If the Contractor fails to require a change order
within the time specified in this paragraph, the Contractor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Contractor disagrees with
the equitable adjustment, the Contractor must complete the change order work; however, the Cont ractor
may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that is
accepted by Contractor as provided in this section shall constitute full payment and final settlement of all
claims for contract time and for direct, indirect and consequential costs, including costs of delays related
to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the
events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or
should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, w hether under this Agreement or
8.P.a
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PUBLIC WORKS AGREEMENT - 4
(Over $20K with Performance Bond)
otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written
claim is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR E VENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under
this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination ).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILI TY TO FILE THAT CLAIM OR SUIT SHALL BE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall
promptly correct all defects in workmanship and materials: (1) when Con tractor knows or should have
known of the defect, or (2) upon Contractor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Contractor shall begin to correc t any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within
8.P.a
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PUBLIC WORKS AGREEMENT - 5
(Over $20K with Performance Bond)
a reasonable time as determined by the City, the City may complete the corrections and the Cont ractor
shall pay all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City
harmless, and Contractor’s liability accruing from that obligation shall be only to the extent of the
Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in a ny suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then
Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Contractor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damag e to
materials, tools, or other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
8.P.a
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PUBLIC WORKS AGREEMENT - 6
(Over $20K with Performance Bond)
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provis ions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documen ts are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Contractor in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
8.P.a
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PUBLIC WORKS AGREEMENT - 7
(Over $20K with Performance Bond)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Kevin Young
M.A.D. Construction, LLC
22002 38th Ave E
Spanaway, WA 98387
253 846-1265 (telephone)
253 375-7811 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Nancy Clary
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5084 (telephone)
(253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
8.P.a
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
8.P.a
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
8.P.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
8.P.a
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BIDDER RESPONSIBILITY CRITERIA - 1
BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City
before the contract can be awarded .
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date (01/21/2019), the bidder is not a “willful” violator, as defined in RCW
49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final
and binding citation and notice of assessment issued by the Department of Labor and Industries
or through a civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
M.A.D. Construction, LLC
By: ___________________________________________
Signature of Authorized Official*
Printed Name: __________________________________
Title: _________________________________________
Date: _________________________________________
City and State: _________________________________
*If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
8.P.a
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Broderick Architects
for the Riverbend Driving Range Renovation and Expansion
Project - Recommend
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Broderick Architects, in an amount not to exceed $200,200, for design
services on the Riverbend Golf Course Driving Range Renovation and
Expansion Project, subject to final contract terms acceptable to the Parks
Director and City Attorney.
SUMMARY: Broderick Architects is selected as the consultant for design
development, permitting and construction documents for the renovation and
expansion of the Riverbend Driving Range. The planned renovation will include
parking lot improvements, demolition of the mini-golf course, eastward expansion
of the driving range with additional stalls, re-grading and replacement of the range
surface with natural grass and necessary adjustments to poles and netting. Also
included are building enhancements and coordination with the Meet Me on Meeker
and Signature Pointe Levee projects.
BUDGET IMPACT:
Expense impact to the Riverbend Golf Complex budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Consultant Services Agreement with Broderick Architects (PDF)
02/21/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Broderick Architects
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Broderick Architects organized under the laws of the State of Washington,
located and doing business at 55 South Atlantic Street, #301, Seattle, WA 98134 (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, incorporated herein, consultant shall provide design
development, permitting assistance, construction documents and construction
administration to renovate and expand the driving range at Riverbend Golf Complex.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by March 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$200,200.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
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INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
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writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Kevin Broderick
Broderick Architects
55 S. Atlantic St, #301
Seattle, WA 98134
206-682-7525 (telephone)
kevin@broderickarchitects.com
NOTICES TO BE SENT TO:
CITY OF KENT:
R. Pete Petersen
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5190 (telephone)
rpetersen@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Planning\Riverbend\Driving Range Renovation and Expansion\Broderick Architects-CONTRACT
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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February 11, 2019
Alex Ackley Pete Peterson
Facilities / Parks Recreation & Community Services Riverbend Golf Complex
220 Fourth Avenue South, Kent WA 98032 2019 W Meeker Street, Kent WA 98032
RE: Riverbend Driving Range Renovation and Expansion Project, Kent, Washington (revised)
Dear Pete and Alex,
Broderick Architects is pleased to submit this proposal for Architectural Design Services
associated with the Riverbend Golf Course Driving Range Renovation and Expansion Project.
Enclosed you will find:
1) Project Description
2) Proposed Scope of Services
3) Fee Schedule
PROJECT DESCRIPTION
The proposed project location is at the Riverbend Golf Complex, 2020 W Meeker Street, Kent
WA.
Pursuant to my October 16th meeting with Peter Peterson, the overall scope of the Riverbend
Driving Range Renovation and Expansion Project is becoming more defined and somewhat
simplified. The project still involves removing the existing putt-putt course and expanding the
covered driving range to the east. We will be adding 13 - 14 new driving stations that are
connected to the existing driving stations by way of a covered walkway. The ball hopper and
ball washer will be housed at the far west end of the range and will be accessed directly from the
driving range surface by the ball collector. The cleaned balls would be sent through pneumatic
tube to the new ball dispenser located in the existing storage room of the current facility,
centrally located on the driving range.
One major change in the scope is the range surface will be natural turf/grass rather than synthetic
turf. Riding lawnmower access gates will need to be provided at the east and west sides of the
range for convenient access from the golf course maintenance shed.
The 105’ high netting fence would be supplemented and extended to accommodate the new
driving stations. The old wood poles would be removed and the newer, taller steel poles
installed on the eastern most section and then also on the enlarged driving area to the north and
west.
The existing driving range will also undergo a face lift with upgraded turf matts, new dividers
with a place for clubs at the end, new teak benches (to match the ones planned over at the golf
course), and new LED lighting (with protective covers). The wall at the southern area will be
removed to provide access to the public and the instructional area moved to the new wing
addition.
EXHIBIT A 8.Q.a
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We will also investigate relocating the Point of Sale for the retail shop and driving range to
provide better access to customers and control from the entry. To accommodate this, a portion of
the existing building would need to be demolished: the existing kitchen, restrooms, and ball
machine room. New restrooms and ball machine room (adding a second machine) would be
incorporated into the addition.
The project also involves sprucing up the main entrance and façade. We have discussed adding
additional windows looking into the driving range, a fresh paint scheme, enhanced signage,
landscaping and new lighting. A key element would also be developing a new par-9 mini-golf
course in the triangular space east of the main entrance.
The development of a Bicycle/Pedestrian Connections in the right-of way- along Russell Road
on the east side of the site is included in the scope of this project.
Items still needing clarification are the city’s plans for the Meet Me on Meeker Street
Improvements and how these modifications will impact the site circulation and parking for the
driving range facility. A total of 54 parking stalls are anticipated to be required by code (matching
the number of driving stations) but this needs to be vetted with the space available. As part of the
The Riverbend Driving Range Renovation and Expansion Project will abut and interface with the
adjacent Meet Me on Meeker Street Improvements and the Signature Pointe Levee Setback
Project. While the scope of work associated with Riverbend Driving Range Renovation and
Expansion Project is independent from these other adjacent Public Works projects, the projects
will be developing on parallel schedules and coordination will be required.
SCOPE OF SERVICES
We recommend that the overall architectural design services be broken into the following four
phases:
Pre-Design / Schematic Design (completed as part of the feasibility study)
Phase One - Design Development
1. Perform a site analysis, including review of the zoning and building codes as they pertain to
your facility.
2. Coordinate with the City of Kent Public Works and Economic and Community Development
Departments on the West Meeker Street Corridor Project.
3. Refine and develop approved site plan, floor plans, interior elevations and building sections.
4. Develop the outline specifications.
5. Coordinate with specialized vendors to refine the project scope and cost.
6. Coordinate with structural, civil, electrical, mechanical and geotechnical engineers.
7. Incorporate the interior materials and color scheme into the project.
8. Assist in revising the estimated cost of construction.
Phase Two – Permit & Construction Documents
1. Refine and develop approved site plan, floor plans, interior elevations and building sections.
2. Prepare construction documents necessary for permitting and the construction of the project,
including but not limited to the following:
a. site plan
b. driving range plan
c. detailed floor plans
d. roof plan
EXHIBIT A (Continued)8.Q.a
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e. building elevations
f. building sections
g. wall sections
h. wall construction schedule
i. restroom plan & interior elevations
j. window / door schedules
k. reflected ceiling plans and bracing details (coordinated w/ Electrical Engineers)
l. energy code calculations / forms (coordinated w/ HVAC Engineers)
m. project specifications
3. Provide drawing coordination between various consultants.
4. Prepare a SEPA checklist.
5. Prepare documents for application for building permit and other required permits.
6. Assist in revising the estimated cost of construction.
7. Submit the Construction Documents to the City of Kent Permit Center.
8. Coordinate with the building department to keep the project moving and on track once
submitted.
9. Attend regularly scheduled design team meetings.
Phase Three – Construction Administration
1. Assist in the bidding process including: attend walk-throughs with the general contractors
and sub-contractors bidding the project, respond to clarifications inquiries, and issue
addenda.
2. Once construction begins, attend weekly on-site coordination meetings to review the
progress and quality of construction.
3. Perform as owner’s representative in review and response to Pay Applications, Requests
for Information (RFIs), Submittals, Change Proposals and Change Orders, and other
questions from the contractor.
4. Prepare construction memos and a final punch list.
5. Prepare and provide as-built drawings with contractor red lines upon final completion of
the project.
FEE
We are very flexible in structuring the fee arrangement to meet your preference and comfort
level.
A. Architectural Fee based on the scope of work outlined above, I suggest that we establish an
architectural fee based on hourly rates with the following caps:
Phase One – Design Development:
Fee Based on Hourly Rates Not to Exceed $20,500 (assumes approx. 180 hours)
Phase Two – Permit and Construction Documents:
Fee Based on Hourly Rates Not to Exceed $45,000 (assumes approx. 400 hours)
Phase Three – Construction Administration:
Fee Based on Hourly Rates Not to Exceed $35,000 (assumes approx. 320 hours)
Total: $100,500
Our hourly rates are as follows:
Principal - at a rate of $130.00 per hour.
Staff Architect - at a rate of $110.00 per hour.
BIM Manager - at a rate of $100.00 per hour.
EXHIBIT A (Continued)8.Q.a
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Technical Level II - at a rate of $95.00 per hour.
Technical Level III - at a rate of $85.00 per hour.
In the event we do not need to spend the anticipated time to complete the scope of services
you will only be invoiced for the hours actually spent on your project.
B. To control our cost and keep our fees as competitive as possible we have made the following
assumptions:
1. Broderick Architects will work directly with Alex Ackley and Pete Peterson, or another
authorized project representative.
2. Broderick Architects is relying solely on the information provided by the Owner and a
visual inspection of the site as a basis for performing the requested design services.
Any unforeseen conditions encountered within the existing site conditions along with
any owner-initiated revisions to the accepted design will be tracked and billed on an
hourly basis.
3. All fees noted are exclusive of standard reimbursable expenses. These include all
printing, plots, reproduction, special mailing expenses, etc. An allowance number is
included in the Overall Consultant Fee Estimate below.
C. Consulting Services: At this juncture of the project there are still several unknowns
regarding the complexity and scope of consultants that will be required. Once the scope is
better defined Broderick Architects will solicit fee proposal from qualified consultants and
the City of Kent will have the opportunity to review and approve these consultant expenses:
1. We recommend budgeting an allowance of $24,000 for Structural Engineering.
2. We recommend budgeting an allowance of $30,000 for Civil Engineering.
3. We recommend budgeting an allowance of $12,000 for Landscape Design.
4. We recommend budgeting an allowance of $15,000 for HVAC / Mechanical
Engineering.
5. We recommend budgeting an allowance of $12,000 for Electrical Engineering.
6. We recommend budgeting an allowance of $5,500 for Geotechnical Engineering
Services.
7. Fire Sprinkler design will be handled with a performance specification / bidder-design
and is not included in the scope of architectural services. A peer review performed by
Broderick Architects is included within the basic architectural fee.
D. Additional Architectural Services:
Other services detailed below will be tracked and invoiced by hourly rates in addition to
the fees outlined above. These activities are project specific and it is virtually impossible
to accurately estimate the amount of time required. These include meetings, coordination
and preparation for meetings with the local jurisdiction, required public meetings.
E. Services not included in this proposal:
1. Soils test, Phase I and Phase II Environmental Reports, ALTA Survey, wetland
delineations, traffic studies, permit fees, or special inspections.
2. Work resulting from owner-initiated revisions following acceptance of the design.
3. Detailed estimates of construction cost.
F. Overall Consultant Fee Estimate
1. Architectural Schematic Design $100,500
2. Structural Engineering $24,000
3. Civil Engineering $30,000
EXHIBIT A (Continued)8.Q.a
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4. Landscape Design $12,000
5. HVAC / Mechanical Engineering $15,000
6. Electrical Engineering $12,000
7. Geotechnical Coordination $5,500
8. Architectural Reimbursable Expenses $1,200
TOTAL ANTICIPATED FEES $200,200
Please keep in mind that the staff at Broderick Architects is very flexible and service oriented.
You may decide you do not wish us to perform all of the recommended services listed above.
We will gladly work with you to revise the fee based on your specific requirements.
Alex and Pete, we are prepared to proceed immediately with this project and are excited about
the opportunity to continue to work with you. If the above meets with your approval, please
execute and return a copy of this agreement to my office. This will serve as our formal notice to
proceed. Please call if you have any questions or require any additional information.
Sincerely,
Kevin J. Broderick, AIA
ACCEPTED:
City of Kent / Riverbend Golf Complex date
EXHIBIT A (Continued)8.Q.a
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
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EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Interlocal Agreement for Creation of South King Housing
and Homelessness Partners - Authorize
MOTION: Authorize the Mayor to sign the Interlocal Agreement between
the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent,
Normandy Park, Renton, Tukwila, and King County for the creation and
operation of South King Housing and Homelessness Partners and take all
acts consistent with the authority provided for by the Agreement, subject
to final terms and conditions acceptable to the Parks Director and City
Attorney.
SUMMARY: Execution of the Interlocal Agreement is the continuation and
expansion of three years of piloting formal collaboration on housing and
homelessness issues between six cities in South King County, including Kent. Kent
has contributed funds to the South King Housing and Homelessness Partnership
since 2016, which provided the participating cities with additional staff capacity for
tracking, developing, and implementing policies related to affordable housing and
homelessness. Mayor Ralph and Chief Administrative Officer, Derek Matheson
attended collaborative meetings in 2018 to plan the future of the South King
Housing and Homelessness Partnership Project. Meetings were held in March, June,
and October and solidified the intention of nine cities and King County to enter into
an Interlocal Agreement starting in 2019. Funding for the project will continue to be
allocated from existing funds within Human Services’ General Fund budget. The
Interlocal Agreement reflects the input from legal counsel and staff within the
participating jurisdictions.
BUDGET IMPACT: The project will be funded from the Human Services General
Fund budget in the amount of $26,463 in 2019 and $34,000 in 2020.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Interlocal Agreement for South King Housing and Homelessness Partners
(PDF)
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02/21/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
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SKHHP Interlocal Agreement February 06, 2019
1
Draft Interlocal Agreement for SKHHP
South King Housing and Homelessness Partners
(Effective Date: January 1, 2019)
This Interlocal Agreement ("Agreement") is entered into by
and between the Cities of Auburn, Burien, Covington, Des Moines,
Federal Way, Kent, Normandy Park, Renton, Tukwila, and King
County, each municipal corporations and political subdivisions
of the State of Washington (individually, a “Party” and
collectively, the “Parties”). This Agreement relates to the
creation and operation of a joint undertaking among the Parties
hereto to be known as the South King Housing and Homelessness
Partners (“SKHHP”). This Agreement is made pursuant to the
Interlocal Cooperation Act, chapter 39.34 RCW, and has been
authorized by the legislative body of each jurisdiction.
WHEREAS, the Parties have a common goal to ensure the
availability of housing that meets the needs of all income
levels in South King County; and
WHEREAS, the Parties wish to provide a sound base of
housing policies and programs in South King County and to
complement the efforts of existing public and private
organizations to address housing needs in South King County; and
WHEREAS, the Parties wish to act cooperatively to formulate
affordable housing policies and strategies that address housing
stability, to foster efforts to preserve and provide affordable
housing by combining public funding with private-sector
resources, to support implementation of the goals of the
Washington State (the “State”) Growth Management Act, related
countywide planning policies, and other local policies and
programs relating to affordable housing, and to do so
efficiently and expeditiously; and
WHEREAS, the Parties have determined that the most
efficient and expeditious way for the Parties to address
affordable housing needs in South King County is through
cooperative action and pooling public and private resources; and
WHEREAS, the intent of this cooperative undertaking is not
to duplicate efforts of non-profit corporations and other
entities already providing affordable-housing-related services;
and
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SKHHP Interlocal Agreement February 06, 2019
2
WHEREAS, a cooperative work plan with a primary focus on
the production and preservation of affordable housing, is needed
because the lack of access to affordable housing is one of the
key contributors to homelessness;
NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained in this Agreement and other
valuable consideration, the sufficiency of which is
acknowledged, the Parties agree to the above Recitals and the
following terms and conditions:
1. DEFINITIONS. The following terms used in this
Agreement are defined as follows:
a. Administering Agency – One or more of the Parties
that will provide administrative support services on behalf of
SKHHP. The Administering Agency will be the fiscal agent for
SKHHP in accordance with the requirements of chapter 39.34 RCW.
One Party could serve as the fiscal agent and another Party
could serve as the administrative home for SKHHP staff.
b. Advisory Board – A board consisting of 12 to 15
community members appointed by the Executive Board to provide
advice and recommendation to the Executive Board on land and/or
money resource allocation for affordable housing projects, input
on policy needs related to housing stability, program design and
development, recommendations for emergency shelter and other
immediate affordable housing needs, and to provide public
education and community outreach services.
c. Executive Board – The governing board for SKHHP
comprised of members as provided herein, which will act on
behalf of all Parties and as may be in the best interest of
SKHHP in order to carry out the purposes of this Agreement.
d. Housing Capital Funds Account – An account
established by the Administering Agency within the SKHHP Fund
for the purpose of administering the contributions of Parties,
or other public or private entities, to affordable housing
projects and programs, to be known as the SKHHP Housing Capital
Funds Account. The amounts in the Housing Capital Funds Account
will be held and disbursed by the Administering Agency.
e. Individual Account(s) – One or more subaccounts
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SKHHP Interlocal Agreement February 06, 2019
3
established within the Housing Capital Funds Account for each
Party to this Agreement that chooses to contribute to the
Housing Capital Funds Account. Contributions to an Individual
Account from a Party may be released only upon, and in
accordance with, the written direction of that Party.
f. SKHHP Fund – A special fund established by the
Administering Agency, as authorized by RCW 39.34.030, to be
known as the “Operating Fund of the SKHHP Executive Board”.
Within the SKHHP Fund may be established various accounts and
subaccounts including but not limited to a “SKHHP Operating
Account” and a “Housing Capital Funds Account”.
g. SKHHP Operating Account – An account created by
the Administering Agency for the receipt of contributions from
the Parties and other private or public entities, for the
purpose of paying for the operations of and supporting the SKHHP
annual budget.
h. SKHHP Program Manager – The lead staff for SKHHP,
reporting to the Executive Board, responsible for carrying out
the SKHHP annual work plan and other terms of this Agreement.
i. SKHHP Staff – The full-time and part-time staff
hired or assigned with the responsibility for carrying out the
SKHHP work plan.
j. Sphere of Influence – The area in South King
County where SKHHP is expected to conduct its work, as further
described in Exhibit A.
2. PURPOSE. All Parties to this Agreement have
responsibility for local and regional planning for the provision
of housing affordable to residents that work and/or live in
South King County. The Parties agree to act cooperatively to
formulate affordable housing policies that address housing
stability and to foster efforts to preserve and provide
affordable housing by combining public funding with private-
sector resources. In order to accomplish the purposes of this
Agreement, the Parties agree to create a joint and cooperative
undertaking responsible for administering the activities
described herein. The cooperative undertaking among the Parties
will be called the South King Housing and Homelessness Partners
(“SKHHP”). The Parties further intend that this Agreement serve
as a framework for all participating municipalities within the
broader SKHHP Sphere of Influence to do the aforementioned work.
The Parties encourage other cities and other public and private
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SKHHP Interlocal Agreement February 06, 2019
4
entities in South King County within the SKHHP Sphere of
Influence to join the Parties in this endeavor.
3. STRUCTURE; CREATION OF JOINT BOARD. By executing this
Agreement, the Parties hereto create a joint board pursuant to
RCW 39.34.030(4) to govern SKHHP. The joint board created by
this Agreement will be called the “Executive Board” and will be
composed of members as provided for in Section 5.a of this
Agreement. The Joint Board created in this Agreement is not a
separate legal or administrative entity within the meaning of
RCW 39.34.030(3). The Executive Board will act on behalf of all
Parties and as may be in the best interest of SKHHP in order to
carry out the purposes of this Agreement. The Executive Board
is not authorized to own assets or have employees.
4. RESPONSIBILITIES AND AUTHORITY. In order to carry out
the purposes of SKHHP and this Agreement, the Executive Board
will have the responsibility and authority to:
a. Create and implement an annual work plan approved
by the Executive Board to guide the work of SKHHP Staff. The
work plan will include activities that may benefit multiple
participating jurisdictions or individual jurisdictions. The
work plan activities will be consistent with the purpose
described in this Agreement.
b. Provide recommendations to the Parties regarding
the allocation of public and private funding for affordable
housing purposes.
c. Direct the Administering Agency to enter into
agreements with third parties for the use and application of
public and private funds contributed by individual Parties to
the SKHHP Housing Capital Funds Account established in Section
14, under terms and conditions as may be agreed by the
individual contributing Parties, as further described in Section
14. At least annually, report to the Parties on the geographic
distribution of all housing capital funds as recommended by the
SKHHP Executive Board.
d. Guide the SKHHP Staff in the performance of the
following duties:
i. Provide recommendations to the Parties regarding
local and regional affordable housing policies.
SKHHP Staff will assist the Parties in developing
strategies and programs to achieve State Growth
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SKHHP Interlocal Agreement February 06, 2019
5
Management Act housing goals, growth targets,
local Comprehensive Plan Housing Element goals,
and local housing strategy plans, as appropriate.
ii. SKHHP Staff will provide technical assistance to
any Party considering adoption of land use
incentives or requirements, or affordable housing
programs. SKHHP Staff will research model
programs, develop draft legislation, prepare
briefing materials and make presentations to
planning commissions and councils on request by a
Party. SKHHP Staff will assist Parties in
developing strategies and programs to implement
county-wide affordable housing policies to meet
State Growth Management Act objectives, growth
targets, local Comprehensive Plan Housing Element
goals, and local housing strategy plans for an
equitable and rational distribution of low- and
moderate-income housing.
iii. Facilitate cooperation between the private and
public sector with regard to the provision of
affordable housing. SKHHP Staff will communicate
directly with private developers, financial
institutions, non-profit corporations and other
public entities to assist in the implementation
of affordable housing projects. SKHHP Staff will
work directly with any Party to provide technical
assistance with regard to the public funding of
affordable housing projects and the
implementation of affordable housing regulatory
agreements for private developments.
iv. SKHHP Staff will also identify public and private
sites that are available for affordable housing
and develop affordable housing alternatives for
such sites.
v. After the Housing Capital Fund is created,
develop standard regulatory agreements acceptable
to private and public financial institutions to
facilitate the availability of funding for
private and public projects containing affordable
housing.
vi. Provide other technical advice to any Party upon
request and to enter into agreements to provide
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SKHHP Interlocal Agreement February 06, 2019
6
technical assistance to other public entities on
a reimbursable basis.
vii. Provide support and educational activities and to
monitor legislative and regulatory activities and
proposed policy changes related to affordable
housing at the county, state and federal levels.
Ensure that the Parties to this Agreement have a
strong South King County voice in regional
decision making.
viii. After the Housing Capital Fund is created,
develop and carry out procedures for monitoring
of affordable units and to administer direct
service housing programs on behalf of any Party.
Such direct service housing programs may include
but are not limited to relocation assistance
programs, rent voucher and/or deposit loan
programs.
ix. Work directly with other public and private
entities for the development of affordable
housing policies and encourage the provision and
preservation of affordable housing.
x. Work with the Advisory Board appointed under this
Agreement and South King County agencies working
on regional housing stability and housing
affordability, identify trends and promising
practices, and mobilize those agencies to support
South King County positions in regional decision-
making forums.
xi. Support public and private fundraising efforts of
public and private entities (including non-profit
corporations) to raise funds to carry out the
purposes of this Agreement. Enter into
agreements with those entities for the use of
such funds in order to carry out the purposes of
this Agreement.
xii. As directed by the Executive Board, accept public
and private funding, invest those funds in
accordance with State law, and take other
appropriate and necessary action to carry out the
purposes of this Agreement.
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SKHHP Interlocal Agreement February 06, 2019
7
5. EXECUTIVE BOARD.
a. Membership. SKHHP will be governed by an
Executive Board composed of either an elected official or City
Manager/Administrator for each city and the King County
Executive, or their designated representative, of each Party.
However, there will not be more than two members on the
Executive Board representing cities with population less than
5,000 persons, unless approved by the Executive Board. In the
event that there are more than two Parties to this Agreement
with population less than 5,000 persons, then those Parties will
propose to the Executive Board for the Executive Board’s
approval, a method for shared membership on the Executive Board
by those Parties.
Municipalities, local governments and public agencies within the
Sphere of Influence may become Parties to this Agreement with
representation on the Executive Board described in this Section
5, upon satisfaction of the requirements of Section 20.
Any member of the Executive Board representing more than one
Party must be approved by the chief executive officer of those
Parties being represented by the shared Executive Board member.
The Executive Board will administer this cooperative undertaking
under the terms of this Agreement and under any procedures
adopted by the Executive Board.
b. Chair. The Chair of the Executive Board will be
elected by the members of the Board from the Board membership;
will preside over all meetings of the Executive Board; and will,
in the absence of a Program Manager provided for in Section 6 of
this Agreement, process issues, organize meetings and provide
for administrative support as required by the Executive Board.
The Chair will serve a one-year term, but may be reelected by
the Executive Board.
c. Alternate Member. Each member of the Executive
Board may designate one alternate member who will serve in the
place of the member on the Executive Board during the member's
absence or inability to serve. Notice of the designation will
be provided to the Chair of the Executive Board. An alternate
member may only vote on behalf of the appointing Party if the
Chair has received written notice of the alternate’s
appointment.
d. Powers. The Executive Board will have the power
to (1) develop and approve an annual budget and annual work plan
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SKHHP Interlocal Agreement February 06, 2019
8
for SKHHP; (2) adopt procedures for the administration of SKHHP
(including securing any necessary legal counsel) and for the
conduct of meetings; (3) make recommendations to the Parties
concerning planning, policy, programs and the funding of
affordable housing projects; (4) establish policies for the
expenditure of SKHHP budgeted items; (5) designate one or more
Administering Agencies to carry out the terms of this Agreement;
(6) establish a special fund with the Administering Agency as
authorized by RCW 39.34.030, to be known as the “Operating Fund
of the SKHHP Executive Board” (“SKHHP Fund”) within which Fund
may be established various accounts and subaccounts including
but not limited to a “SKHHP Operating Account”(into which will
be deposited funding for the SKHHP operating budget) and a
“Housing Capital Funds Account”; (7) hold regular meetings on
those dates and at those places as the Executive Board may
designate; (8) direct the Administering Agency to enter into
contracts and agreements for the provision of personnel and
other necessary services to SKHHP, including accounting and
legal services and the purchase of insurance, and authorize the
Administering Agency to execute such other contracts, agreements
or other legal documents necessary with public and private
entities for SKHHP to carry out its purposes; (9) establish the
responsibilities for the SKHHP Program Manager, direct and
oversee the Administering Agency in the hiring process and
performance review for that position and direct and oversee the
activities of the SKHHP Program Manager; (10) appoint members of
the Advisory Board; (11) assist with incorporating and/or work
with a non-profit corporation to accept grants, donations and
other funds on behalf of SKHHP and direct the Administering
Agency to enter into contracts or other agreements with such
agency for the use of those funds to carry out the purposes of
this Agreement; and (12) take whatever other action is necessary
to carry out the purposes of this Agreement.
6. ADMINISTRATION AND OVERSIGHT. The Executive Board
will have final decision-making authority on behalf of SKHHP
over all legislative and administrative matters within the scope
of this Agreement. The Executive Board may delegate
responsibility for general oversight of the operations of SKHHP
to a Program Manager. The SKHHP Program Manager will submit
quarterly budget performance and progress reports on the status
of the work program elements to the Executive Board and the
legislative body of each Party. The reports and their contents
will be in a form acceptable to the Executive Board.
The Executive Board will, by two-thirds supermajority vote,
designate one or more of the Parties to serve as the
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SKHHP Interlocal Agreement February 06, 2019
9
Administering Agency, which will provide administrative support
services on behalf of SKHHP. The Administering Agency will be
the fiscal agent for SKHHP in accordance with the requirements
of chapter 39.34 RCW. Each Party that serves in the capacity of
Administering Agency hereby agrees to comply with the terms of
this Agreement applicable to the Administering Agency in order
to permit SKHHP to carry out its purposes. SKHHP will be
staffed with personnel provided by the Parties and/or
independent contractors contracting with the Administering
Agency on behalf of SKHHP.
Any Party providing personnel to SKHHP will remain solely
responsible for the continued payment of all compensation and
benefits to those personnel as well as for any worker's
compensation claims. All Parties will cooperate fully in
assisting SKHHP to provide the services authorized in this
Agreement.
7. MEETINGS OF EXECUTIVE BOARD.
a. Frequency. The Executive Board will meet as
often as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Executive
Board will consist of the Board members (or alternates) who
represent a simple majority of the Board's membership. Executive
Board members (or alternates) may participate in any meeting by
phone or video conferencing for all purposes, including but not
limited to voting and establishing a quorum.
c. Action. No action may be taken except at a
meeting where a quorum exists. Action by the Executive Board
requires an affirmative vote by a majority of the Board's
membership, provided however, that a supermajority (two-thirds
of Board members) will be required to appoint the Administering
Agency, to add a new Party to this Agreement, or to modify the
proposed contribution methodology for dues and assessments (see
Section 15). Official action by the Executive Board may be
conducted by motion, resolution, declaration, or other means as
determined to be necessary by the Executive Board, provided
however, appointment of the Administering Agency or Agencies
shall be completed by resolution. All official action of the
Executive Board shall be recorded in its official minutes. Each
Executive Board member, or his or her alternate, will have one
vote on any proposed action; except that shared member voting
shall be in accordance with the Executive Board’s approval under
Section 5 (a). Proxy voting will not be allowed. To the extent
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SKHHP Interlocal Agreement February 06, 2019
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applicable to meetings of the Executive Board, the Executive
Board will comply with applicable requirements of the Washington
State Open Public Meetings Act (chapter 42.30 RCW).
8. ADVISORY BOARD. The Executive Board will create an
Advisory Board to provide advice and recommendation to the
Executive Board on land and/or money resource allocation for
affordable housing projects, input on policy needs related to
housing stability, program design and development,
recommendations for emergency shelter and other immediate
affordable housing needs, and to provide public education and
community outreach services. The Advisory Board will be created
before the end of the first year of SKHHP operations (with the
start of the year defined as the hiring of the SKHHP Program
Manager). The Advisory Board will consist of not more than
fifteen (15) and not less than twelve (12) community members.
The Executive Board will appoint members to the Advisory Board.
Members appointed to the Advisory Board must have knowledge and
understanding of affordable housing, be committed to the
furtherance of affordable housing in South King County, and
represent diverse community perspectives. Appointments will be
for a four-year term with service limited to a total of two
consecutive terms. The Executive Board will adopt procedures
for the convening and administration of the Advisory Board. A
member may be removed from the Advisory Board by the Executive
Board with or without cause on a majority vote of membership of
the Executive Board.
9. MEETINGS OF ADVISORY BOARD.
a. Frequency. The Advisory Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Advisory
Board will consist of the Board members who represent a simple
majority of the Board's membership. Advisory Board members may
participate in any meeting by phone or video conferencing for
all purposes, including but not limited to voting and
establishing a quorum.
c. Action. No action may be taken except at a
meeting where a quorum exists. Action by the Advisory Board
requires an affirmative vote by a majority of those members
attending a Board meeting where a quorum exists. Official
action by the Advisory Board may be conducted by motion,
resolution, declaration, or other means as determined to be
necessary by the Advisory Board. Proxy voting is not allowed.
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SKHHP Interlocal Agreement February 06, 2019
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To the extent applicable to meetings of the Advisory Board, the
Advisory Board will comply with applicable requirements of the
Washington State Open Public Meetings Act (chapter 42.30 RCW).
10. AGREEMENT DURATION. This Agreement will be in full
force and effect for a period commencing as provided in Section
34, and ending December 31 2020. This Agreement will
automatically renew for successive two-year terms, unless sooner
terminated under the provisions of this Agreement.
11. TERMINATION OF AGREEMENT. This Agreement may be
terminated at any time by affirmative vote of a majority of the
legislative bodies of the Parties to this Agreement.
Upon termination of this Agreement, all property acquired during
the life of the Agreement will be disposed of in the following
manner:
a. all property contributed without charge by any
Party will revert to the contributing Party;
b. all property purchased on behalf of SKHHP after
the effective date of this Agreement will be distributed to the
Parties based on each Party's pro rata contribution to the
overall budget at the time the property was purchased;
c. except as provided in Subsection d. below, all
unexpended or reserve funds will be distributed to the Parties
based on each Party's pro rata contribution to the overall
budget in effect at the time the Agreement is terminated;
d. all uncommitted monies in the Housing Capital
Funds Account will be distributed to the Parties by remitting
the total uncommitted amounts remaining in each Party’s
Individual Account (as described in Section 14) to that Party;
and
e. each Party that has funded a project through the
Housing Capital Funds Account will be substituted for the
Administering Agency with regard to all project financing
documents, and the Administering Agency will be released from
further obligations with respect thereto.
12. WITHDRAWAL. If a Party wishes to withdraw from
participation in this Agreement, it may do so after the initial
two year term if it first gives three months advance written
notice to the Executive Board of its intention to withdraw,
which notice will be due on or before October 1, 2020. If notice
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of an intent to withdraw is timely received, withdrawal will be
effective as of 11:59 p.m. on December 31, 2020. The initial
members of SKHHP agree they will participate for at least the
first two years of the collaboration.
After January 1, 2021, an opportunity is provided once per year
for a Party to withdraw from this Agreement. Under this
provision, advance written notice must be provided to the
Executive Board on or before July 1, of its intention to
withdraw from participation in the Agreement, effective as of
11:59 p.m. on December 31st of that current year.
Any Party withdrawing from this Agreement will remain legally
and financially responsible for any obligation incurred by the
Party pursuant to the terms of this Agreement, including but not
limited to any project financing documents executed by the
Administering Agency on behalf of that Party, during the time
the withdrawing Party was a member of SKHHP. A notice of
withdrawal may be revoked by the Party that submitted the notice
only by approval of a majority of the Executive Board to accept
the revocation. Any Party that provides written notice of its
intent to withdraw may continue to vote on all matters before
the Executive Board prior to the effective date of its
withdrawal, except the budget and work plan for the following
year.
13. BUDGET. The fiscal year for SKHHP will be January 1
to December 31 of any year. The first year budget and
anticipated second year budget for SKHHP are attached to this
Agreement as Exhibit B and incorporated herein by this
reference. Approval of this Agreement by the legislative body of
each Party includes approval of the first year SKHHP budget. For
subsequent years, on or before June 1st of each year, a
recommended operating budget and work plan for SKHHP for the
next budget year will be prepared, reviewed and recommended by
the Executive Board and transmitted to each Party. The
recommended operating budget will contain an itemization of all
categories of budgeted expenses and will contain an itemization
of the amount of each Party's contribution, including in-kind
services, toward that budget. Contributions to the SKHHP annual
budget may also come from other public or private entities. The
Executive Board will approve acceptance of those contributions.
a. No recommended budget or work plan will become
effective until approved by the legislative body of each Party
and adopted by the Executive Board, except for SKHHP’s first
year (2019). For the first year, the budget will be approved as
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part of the approval of this Agreement, and the first year work
plan must be approved by the Executive Board. Once the
legislative body of each Party has approved its contribution to
SKHHP, either separately or through its budget process, and the
SKHHP budget has been adopted by the Executive Board, each Party
will be obligated to make whatever contribution(s) is budgeted
for that Party. If a Party does not approve the work plan or
budget in a timely manner, the Executive Board may adopt the
annual budget and work plan with a two-thirds majority vote.
b. Each Party’s contribution(s) will be transmitted
to SKHHP on a quarterly basis at the beginning of each quarter
unless otherwise provided in the budget document. Each Party
will specify the amount of its contribution to be deposited by
the Administering Agency into the SKHHP Operating Account, as
well as the amount, if any, to be deposited into the Party’s
Individual Account within the SKHHP Housing Capital Funds
Account established by Section 14.
c. If any Party is delinquent by more than three
months in the payment of its approved operating budget
contribution to the SKHHP Operating Account, that Party will not
be entitled to vote on matters before the Executive Board until
the delinquency has been paid. A Party’s decision not to
contribute funds to its Individual Account, or its delinquency
in funding the same will not affect that Party’s voting rights
on the Executive Board.
14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES
FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS.
If authorized by resolution of the Executive Board, the
Administering Agency may establish and maintain an account
within the SKHHP Fund for the purpose of administering the
contributions of Parties, or other public or private entities,
to affordable housing projects and programs, to be known as the
SKHHP Housing Capital Funds Account. The amounts in the Housing
Capital Funds Account will be held and disbursed by the
Administering Agency as described in this Agreement.
a. Within the Housing Capital Funds Account, a sub-
account will be established for each Party to this Agreement
that chooses to contribute to the Housing Capital Funds Account.
Such sub-accounts are collectively referred to as the
“Individual Accounts.” Contributions to an Individual Account
from a Party may be released only upon, and in accordance with,
the written direction of that Party.
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b. A subaccount will be established within each
Individual Account for each project or program funded in whole
or part by a Party from its Individual Account. Such sub-
accounts are referred to as “Project Accounts.”
c. The Administering Agency will maintain records
sufficient to separately track the deposits, withdrawals and
interest earnings, within each Individual Account and each
Project Account, and will provide quarterly reports to all
Parties as to the status of funds in each Individual Account and
Project Account. The Administering Agency’s responsibilities
under this Section may be delegated to the SKHHP Program Manager
to the extent consistent with applicable law and as the
Administering Agency and Executive Board may agree.
d. Funds transmitted to SKHHP for deposit in the
Housing Capital Funds Account will be held by the Administering
Agency on behalf of SKHHP until directed for application to a
specific project or program by the contributing Party.
Uncommitted funds in an Individual Account will be remitted to
the contributing Party within 45 days of receipt of written
request from the Party signed by its chief executive officer, or
upon the Party’s withdrawal from SKHHP in accordance with the
terms of Section 12, or on the dissolution of SKHHP per Section
11.
e. Funds held by the Administering Agency on behalf
of SKHHP will be subject to laws applicable to public funds,
including but not limitations on investments for public funds as
provided in State law and the State constitutional limitations
on the gifting of public funds. Investment earnings will be
credited to each Individual Account and Subaccount on a pro rata
basis.
f. The Executive Board will develop standard forms
of approvals and agreements to be used in the application of
funds contributed to the Housing Capital Funds Account
(collectively referred to as “project financing documents”),
consistent with the following goals and procedures:
i. Each Party choosing to participate in funding a
project or program through the Housing Capital
Funds Account will by action of its legislative
body authorize the application of a specified
amount of its Individual Account monies to such
project or program, and will authorize and direct
the SKHHP Executive Board, the SKHHP Program
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Manager, and the Administering Agency to take
such actions as necessary to accomplish this. The
Executive Board will recommend to the individual
legislative bodies various terms to accompany
their authorizations, and the legislative body
authorizations will at a minimum include terms
related to:
1. amount of funds allocated;
2. project description, including minimum
affordability requirements, if any;
3. nature of the funding commitment (loan, grant,
or other);
4. in the event the funding commitment is
provided as a loan, the general repayment
terms including but not limited to the term of
the loan and applicable, interest rate(s); and
5. a general description of the security
interests, if any, to be recorded in favor of
the Party.
ii. For each individual housing project or program to
be funded through the Housing Capital Funds
Account, the developer, owner or administrator of
such project or program (generally referred to as
the “developer”), will enter into the necessary
set of agreements (project financing documents)
with the Administering Agency. The project
financing documents will specify that the
Administering Agency is acting as administering
agency on behalf of each Party that is providing
Housing Capital Funds Account funding to the
project or program pursuant to this Agreement and
RCW 39.34.030(4), and will identify each
participating funding Party. The project
financing documents will be consistent with
general forms of agreement approved by the
Executive Board and the terms and conditions
approved by the legislative bodies of the funding
Parties. To the extent permitted by law, the
project financing agreements will incorporate all
terms and conditions relative to the use and (if
applicable) repayment of such funds, and provide
for transfer of the Housing Capital Funds Account
monies from the funding Parties to the developer.
iii. Funding contributions to, and repayments (if any)
from, specific projects and programs will be
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recorded by the Administering Agency, including
recording of monies deposited and withdrawn from
each Party’s Individual Account and Project
Accounts. Repayments (if any) under any project
financing agreement will be applied pro rata to
the funding Parties’ Individual Accounts based on
the ratio of funding contributed to the project
by each Party, unless the funding Parties
otherwise agree.
iv. Unless the Parties funding a project or program
through the Housing Capital Funds Account
otherwise agree, a default, termination or other
action against a developer or other third party
may be declared only after securing approval in
writing of the chief executive officers of
funding Parties which together have contributed
not less than 51% of the total SKHHP member
funding to the project. The Administering Agency
will provide reasonable notice and information
regarding the status of projects as necessary to
each funding Party’s chief executive officer to
allow them to make a timely decision in this
regard. Funding Parties not consenting to such
default, termination or other action will be
bound by the decision of the majority. All
funding Parties will be obligated on a pro rata
basis (based on their contributions to the
project) to pay to the Administering Agency its
reasonable costs and expenses incurred as a
result of declaring a default, terminating an
agreement or taking other action against a
developer or other third party. Any funds
recovered through such enforcement proceedings
will be allocated to the funding Parties
Individual Accounts pro rata based on their
respective funding contributions to a project.
v. The Executive Board may from time to time
authorize the Administering Agency to administer
housing project agreements entered into before
the effective date of this Agreement, upon terms
consistent with this Agreement and subject to the
consent of the Administering Agency and the
Parties to such agreements.
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15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions
to the SKHHP Operating fund will be based on groupings of like-
sized cities (based on population), or whatever contribution
methodology is approved by a two-thirds majority of the
Executive Board. Funding for the activities of SKHHP will be
provided solely through the budgetary process. Unless otherwise
specified in this Agreement, no dues, charges or assessments
will be imposed or required of the Parties except upon unanimous
vote of the membership of the Executive Board and ratification
by the legislative body of each Party subject to the dues,
charges or assessments. An approved budget (the overall
revenues and expenditures) will not be modified until approved
by the legislative body of each Party and finally adopted by the
Executive Board. If a Party agrees to totally fund an additional
task to the work program, not currently approved in the budget,
the task may be added to the work plan and the budget amended to
reflect the funding of the total cost of such task by the
requesting Party, upon approval by a majority of the membership
of the Executive Board without approval by the individual
Parties. Notwithstanding the foregoing, contributions by a Party
to its Individual Account within the Housing Capital Funds
Account will be solely within the discretion of that Party and
are not considered “dues or assessments.”
16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held
by the Administering Agency, in addition to any records the
Parties themselves may retain concerning their participation in
SKHHP. These records may include meeting agendas, meeting
summaries, reports, plans, budgets, and other documents.
When a Party receives a request for records that may be held by
the Administering Agency, the Party will refer the request to
its own Executive Board member. The Party’s Executive Board
member will then work with the Administering Agency to gather
all responsive records. The Party receiving the request should
work with its own public records staff (if any) to describe the
request with sufficient specificity to allow the Administrative
Agency to identify and provide the records being sought. If any
clarification of the request is required, the Party receiving
the request will obtain that clarification from the requester.
All communication with the requester will be by the Party to
whom the request was submitted.
In consultation with the Administering Agency, it will be the
responsibility of the Party to whom the request for records was
made to estimate the time it will need to produce responsive
records, determine which records are responsive to the request,
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and address any redactions permitted by law. The Party that
receives the request will bear the responsibility of complying
with the Public Records Act in relation to its public records.
Nothing in this Section is intended to require a Party to
collect or produce records that are not prepared, owned, used,
or retained by that Party as contemplated by the Public Records
Act.
17. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Party will indemnify, defend and hold other
Parties (including without limitation the Party serving as, and
acting in its capacity as, SKHHP’s Administering Agency), their
officers, officials, agents and volunteers harmless from any
and all claims, injuries, damages, losses or suits including
attorney fees, arising out of that Party’s wrongful acts or
omissions in connection with the performance of its obligations
under this Agreement, except to the extent the injuries or
damages are caused by another Party. If there is any recovery
under this Section, the Party responsible for any wrongful acts
or omissions will pay any judgment or lien arising from the acts
or omissions, including all costs and other Parties’ reasonable
attorney’s fees. If more than one Party is held to be at fault,
the obligation to indemnify and to pay costs and attorney’s
fees, will be only to the extent of the percentage of fault
allocated to each respective Party by a final judgment of the
court.
b. If a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the
concurrent negligence of a Party (including without limitation
the Party serving as, and acting in its capacity as, SKHHP’s
Administering Agency), its officers, officials, employees, and
volunteers, the Party’s liability hereunder will be only to the
extent of the Party’s negligence. It is further specifically
and expressly understood that the indemnification provided
herein constitutes the Party’s waiver of immunity under
Industrial Insurance Title 51 RCW, solely for the purpose of
this indemnification. This waiver has been mutually negotiated
by the Parties. The provisions of this Section will survive the
expiration or termination of this Agreement.
c. Each Party (including without limitation the
Party serving as, and acting in its capacity as, SKHHP’s
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SKHHP Interlocal Agreement February 06, 2019
19
Administering Agency) will give the other Parties proper notice
of any claim or suit coming within the purview of these
indemnities.
18. INSURANCE. The Executive Board, SKHHP Program Manager
and the Administering Agency will take such steps as are
reasonably practicable to minimize the liability of the Parties
associated with their participation in this Agreement, including
but not limited to the utilization of sound business practice.
The Executive Board will determine which, if any, insurance
policies may be reasonably practicably acquired to cover the
operations of SKHHP and the activities of the Parties pursuant
to this Agreement (which may include general liability, errors
and omissions, fiduciary, crime and fidelity insurance), and
will direct the acquisition of same.
19. AMENDMENTS. Any amendments to this Agreement must be
in writing. This Agreement may be amended upon approval of at
least two-thirds of the legislative bodies of all Parties to
this Agreement, evidenced by the authorized signatures of those
Parties as of the effective date of the amendment. However, any
amendment to this Agreement affecting the terms and conditions
of membership on the Executive Board, powers of the Executive
Board, voting rights of Executive Board members, Party
contribution responsibilities, hold harmless and indemnification
requirements, provisions regarding duration, termination or
withdrawal, or the conditions of this Section will require
consent of the legislative authorities of all Parties. This
Section will not be construed to require amendment of this
Agreement for the addition of a new Party contemplated under
Section 20 or for any related revision to Executive Board
membership authorized in Section 5(a).
20. ADDITIONAL PARTIES. Municipalities, local governments
and public agencies within the SKHHP Sphere of Influence may, on
execution of the Agreement and approval of the budget and work
plan by its legislative body, become a Party to this Agreement
on affirmative vote of a two-thirds majority of the membership
of the Executive Board. The Executive Board will determine by a
vote of a majority of its membership what, if any, funding
obligations the additional Party will commit to as a condition
of becoming a Party to this Agreement.
21. SEVERABILITY. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this Agreement,
will not affect the validity of the remaining provisions of the
Agreement.
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22. CONFLICT RESOLUTION. Whenever any dispute arises
between the Parties or between a Party or Parties, the Executive
Board, or the Administering Agency (referred to collectively in
this Section as the “Parties”) under this Agreement which is not
resolved by routine meetings or communications, the parties
agree to seek resolution of such dispute in good faith by
meeting, as soon as feasible. The meeting will include the
Chair of the Executive Board, the SKHHP Program Manager, and the
representative(s) of the Parties involved in the dispute. If
the parties do not come to an agreement on the dispute, any
party may pursue mediation through a process to be mutually
agreed to in good faith between the parties within 30 days,
which may include binding or nonbinding decisions or
recommendations. The mediator(s) will be individuals skilled in
the legal and business aspects of the subject matter of this
Agreement. The parties to the dispute will share equally the
costs of mediation and assume their own costs.
23. SURVIVABILITY. Notwithstanding any provision in this
Agreement to the contrary, the provisions of Section 10
(Agreement Duration), Section 11 (Termination of Agreement),
Section 12 (Withdrawal), Section 16 (Public Records Requests),
and Section 17 (Indemnification and Hold Harmless) will remain
operative and in full force and effect, regardless of the
withdrawal or termination of any Party or the termination of
this Agreement.
24. WAIVER. No term or provision of this Agreement will
be deemed waived and no breach excused unless that waiver or
consent is in writing and signed by the Party claimed to have
waived or consented.
25. SUBSEQUENT BREACH. Waiver of any default will not be
deemed a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement will not be deemed to be a
waiver of any other or subsequent breach and will not be
construed to be a modification of the terms of the Agreement
unless stated to be such through written approval of all
Parties.
26. NOTICE. Any notice to the Executive Board will be in
writing and will be addressed to the Chair of the Executive
Board and to the SKHHP Program Manager. In the absence of a
SKHHP Program Manager, notice will be given to the chief
executive officer of the Administering Agency. Any notice to an
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SKHHP Interlocal Agreement February 06, 2019
21
Officer or Party will be sent, to the address specified by the
chief executive officer of the Party.
27. ASSIGNMENT. No Party may sell, transfer or assign any
of its rights or benefits under this Agreement without Executive
Board approval.
28. APPLICABLE LAW AND VENUE. This Agreement and any
rights, remedies, or obligations provided for in this Agreement
will be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State. The Parties agree
that the venue for any legal action under this Agreement is in
the County in which a project is located, provided that the
venue for any legal action against King County may be filed in
accordance with RCW 36.01.050.
29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain
the responsibility and authority for managing and maintaining
their own internal systems and programs related to affordable
housing activities.
30. INDEPENDENT CONTRACTORS. Each Party to this Agreement
is an independent contractor with respect to the subject matter
of this Agreement. No joint venture or partnership is formed as
a result of this Agreement.
Nothing in this Agreement will make any employee of one Party an
employee of another party for any purpose, including, but not
limited to, for withholding of taxes, payment of benefits,
worker’s compensation pursuant to Title 51 RCW, or any other
rights or privileges accorded by virtue of their employment. No
Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of
any other Party’s employees. No employees or agents of one Party
will be deemed, or represent themselves to be, employees of
another Party.
31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the
benefit of the Parties only, and no third party will have any
rights under this agreement.
32. NONDISCRIMINATION. The Parties will comply with the
nondiscrimination requirements of applicable federal, state and
local statutes and regulations.
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SKHHP Interlocal Agreement February 06, 2019
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33. COUNTERPARTS. This Agreement may be signed in
counterparts and, if so signed, will be deemed one integrated
Agreement.
34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This
Agreement will become effective January 1, 2019, subject to its
approval by the legislative bodies of all jurisdictions who are
members of SKHHP as of January 1, 2019, and, pursuant to RCW
39.34.040, upon recording this Agreement or posting this
Agreement on a Party’s web site or other electronically
retrievable public source. Although this Agreement may be
approved and signed by a Party after the Agreement’s effective
date, all acts consistent with the authority of this Agreement
that occur on or after January 1, 2019, are hereby ratified and
affirmed, and the terms of this Agreement will be deemed to have
applied.
(Signature Page Follows)
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SKHHP Interlocal Agreement February 06, 2019
23
Approved and executed this ________ day of
________________________,2019.
Name of Party:________________ Approved as to form
______________________________
________________________________
By: _________________________ City Attorney
Its: _________________________
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SKHHP Interlocal Agreement February 06, 2019
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EXHIBIT B
Annual Expense Budget
Full-time manager with salary/taxes/benefits 130,000$
Administrative & low-level policy support with salary/taxes/benefits 90,000$
Expenses - travel, phone, postage, and start-up costs 19,000$
Space 12,000$
SubTotal 251,000$
10% Fiscal Administration Fee 25,100$
TOTAL 276,100$
Cost for 10 months of Operations:230,083$
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 68,000
Office Space (in-kind donation) [Pro-rated] $ 10,000
Shared among participating cities (see below) $ 152,083
TOTAL $ 230,083
Shares for participating cities:
Population
(OFM 2018 est)
% of
Population Grouped by Size**
Auburn 80,615 12%20,236$
Burien 51,850 8%11,675$
Covington 20,080 3%5,837$
Des Moines 31,340 5%5,837$
Federal Way 97,440 15%20,236$
Kent 128,900 20%26,463$
Normandy Park 6,700 1%3,113$
Renton 104,100 16%26,463$
Tukwila 19,800 3%5,837$
Unincorporated SKC 111,000 17%26,463$
TOTAL 651,825 152,161$
*Outside sources **Grouped by Size Ranges
KC Housing Authority 15,000 <10,000 3,113$
Enterprise 5,000 10,001- 35,000:5,837$
King County***48,000 35,001 - 65,000: 11,675$
TOTAL 68,000 65,001 - 100,000 20,236$
100,001+ : 26,463$
FIRST YEAR SKHHP BUDGET
9 cities & King County
Year 1: 10 months of Operations
***King County has committed $75,000;
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
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SKHHP Interlocal Agreement February 06, 2019
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Annual Expense Budget
Full-time manager with salary/taxes/benefits 130,000$
Administrative & low-level policy support with salary/taxes/benefits 90,000$
Expenses - travel, phone, postage 12,000$
Space 12,000$
SubTotal 244,000$
10% Fiscal Administration Fee 24,400$
TOTAL 268,400$
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 61,000
Office Space (in-kind donation) $ 12,000
Shared among participating cities (see below) $ 195,400
TOTAL $ 268,400
Shares for participating cities:
Population
(OFM 2018 est)
% of
Population Grouped by Size**
Auburn 80,615 12%26,000$
Burien 51,850 8%15,000$
Covington 20,080 3%7,500$
Des Moines 31,340 5%7,500$
Federal Way 97,440 15%26,000$
Kent 128,900 20%34,000$
Normandy Park 6,700 1%4,000$
Renton 104,100 16%34,000$
Tukwila 19,800 3%7,500$
Unincorporated SKC 111,000 17%34,000$
TOTAL 651,825 195,500$
*Outside sources **Grouped by Size Ranges
KC Housing Authority 15,000 <10,000 4,000$
Enterprise 5,000 10,001- 35,000:7,500$
King County***41,000 35,001 - 65,000: 15,000$
TOTAL 61,000 65,001 - 100,000 26,000$
100,001+ : 34,000$
9 cities & King County
Year 2: Full Year of Operations
***King County has committed $75,000;
including covering the share for unincorporated
SECOND YEAR SKHHP DRAFT BUDGET
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Flood Protection, Habitat Restoration and Recreation
Covenant with King County Flood Control District at Van
Doren's Landing - Authorize
MOTION: Authorize the Mayor to sign a Flood Protection, Habitat
Restoration and Recreation Covenant with the King County Flood Control
District for three tax parcels at Van Doren’s Landing on the Green River,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY:
As part of its property acquisition efforts for the Lower Green River Levee
Improvements & Habitat Restoration Project, the King County Flood Control District
(KCFCD) applied for and received grant funds from the Washington Department of
Ecology. A condition of the Dept. of Ecology’s grant G1600007 is the use in
perpetuity of three tax parcels for floodplain protection, habitat restoration and
recreational purposes, and prevention of future development on these parcels for
purposes inconsistent with these uses.
King County Tax parcels number 102204-9016, 102204-9027 and 102204-9021 are
located along the Green River at Van Doren’s Landing in Kent. This segment of the
river is currently undergoing improvements to the levee design and construction,
conducted by and involving multiple public agencies including the KCFCD and City
of Kent. The King County Flood Control District requests that the City of Kent
execute this land use covenant, which will appear as Amendment 1 to their grant
with the WA Dept. of Ecology.
BUDGET IMPACT:
None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Flood Protection, Habitat Restoration and Recreation Covenant (PDF)
8.S
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02/21/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.S
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Page 1 of 4
Appendix A
AFTER RECORDING
RETURN TO:
Mayor of Kent, Dana Ralph
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Flood Protection, Habitat Restoration and Recreation Covenant
Grantor: The City of Kent
Grantee: King County Flood Control District
Brief legal description:
Tax Parcel Nos.: 102204-9016, 102204-9027, and 102204-9021
RECITALS
The property that is the subject of this Covenant is legally described in Exhibits A and B,
and illustrated in Exhibit C (“Property”) and Exhibit D (“Land Use Map”), all of which are
attached and incorporated. The purpose of this Covenant is to ensure that the Property
will be used in perpetuity to enable floodplain protection, habitat restoration, and
recreational purposes, and to prevent this land from future development for purposes
inconsistent with these stated uses. This Covenant is a condition of the grant funding
appropriated by the Department of Ecology (Ecology) through the 2015 Washington
State legislature under § 3064 of the Capital Budget, and is made in accordance with
Chapter 64.04 RCW.
COVENANT
The City of Kent, as Grantor and fee simple owner of the property herein covenants and
declares on behalf of itself and all heirs, assigns, and successors in interest into whose
ownership the below described real property might pass that the Property will be preserved
and maintained in accordance with restrictions and obligations described below in
perpetuity. Furthermore, it is the intent of the Grantor that such covenants shall supersede
any prior interests the Grantor has in the property and shall run with the land and be
binding on any and all persons who acquire any portion of, or interest in, the Property.
RESTRICTIONS
Uses of the Flood Protection and Habitat Property identified in Exhibit D shall be
restricted to:
• Providing open space;
• Providing passive outdoor recreation uses, such as nature trails, interpretive
opportunities, and wildlife viewing, and access for maintenance of those passive
recreational features;
• Providing floodplain protection including allowing for construction of a setback
levee, access for levee maintenance, repair, and associated levee elements;
• Enhancement of the river, stream, floodplain, and/or riparian area for fish and
wildlife habitat;
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Amendment 1 to Grant G1600007 between the
Washington State Department of ECOLOGY and King County Flood Control District
Project Title: Property Acquisition for the Lower Green River Levee Improvements / Habitat
Restoration Project
Page 2 of 4
• Restoring the land in predetermined areas to floodplain protection, habitat
restoration, or recreational uses;
• Planting of riparian areas;
• Providing vegetation management of exotic species (such as reed canary grass,
purple loosestrife, etc.);
Uses of the Recreation Property identified in Exhibit D shall be restricted to:
All forms of outdoor recreation consistent with Grantor’s Parks and Open Space
Plan and Washington State’s Recreation and Conservation Office grant programs,
including but not limited to passive and active recreational uses such as trails,
wildlife observation areas, picnic areas and shelters, playgrounds, informal play
lawns, restrooms, and attendant parking with associated rain garden(s), stormwater
treatment basin(s), or swale(s).
The Flood Protection and Habitat Property and the Recreation Property are collectively
referred to herein as the Property.
OBLIGATIONS
The Grantor freely and voluntarily grants the King County Flood Control District, the
Grantee, and their authorized representatives, upon reasonable notice, the right to enter
the Property at reasonable times to evaluate the effectiveness of this Covenant, and
enforce compliance with this Covenant and those actions. The Grantor shall be responsible
for all costs associated with implementation of this Covenant.
Ecology shall be entitled to enforce the terms of this Covenant by resort to specific
performance or legal process. All remedies available in this Covenant shall be in addition to
any and all remedies at law or in equity. Enforcement of the terms of this Covenant shall be
at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights
under this Covenant in the event of a breach of any term of this Covenant is not a waiver by
Ecology of that term or of any subsequent breach of that term, or any other term in this
Covenant, or of any rights of Ecology under this Covenant.
In the event the Property is used inconsistent with this Covenant, the Grantor will either
purchase appropriate replacement property, or reimburse Ecology for the value, of that
portion of the Property whose use was converted as compared to the whole. As an
example, if the conversion affects only 10% of the Property covered by this Covenant,
Grantor’s reimbursement or replacement responsibility is equal to that percentage of
Ecology’s original contribution to the Property’s acquisition cost, which original contribution
amount was $4,901,000.
ENFORCEMENT AND CONSTRUCTION
This Covenant shall be liberally construed to protect the flood protection, habitat restoration
and recreation purposes as provided for within this Covenant.
The provisions of this Covenant shall be severable. If any provision in this Covenant or its
application to any person or circumstance is held invalid, the remainder of this Covenant or
its application to any person or circumstance is not affected and shall continue in full force
and effect as though such void provision had not been contained herein.
A heading used at the beginning of any section or paragraph or exhibit of this Covenant
may be used to aid in the interpretation of that section or paragraph or exhibit but does not
override the specific requirements in that section or paragraph.
8.S.a
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Amendment 1 to Grant G1600007 between the
Washington State Department of ECOLOGY and King County Flood Control District
Project Title: Property Acquisition for the Lower Green River Levee Improvements / Habitat
Restoration Project
Page 3 of 4
In witness whereof, the King County Flood Control District has executed this document this
___ day of _______________________2019, at King County, Washington.
Dana Ralph, Mayor, City of Kent (Grantor)
_______________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day before me personally appeared
_____________________________________, to be known the Mayor of Kent, WA, that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of such party, for the uses and purposes therein
mentioned, and on oath stated that the execution of the instrument was duly authorized.
In witness whereof, I have hereunto set my hand and affixed my official seal this _____
day of _____, 20___.
Notary Signature
Notary name printed or typed
NOTARY PUBLIC in and for the State of Washington
Residing at _____________________
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Amendment 1 to Grant G1600007 between the
Washington State Department of ECOLOGY and King County Flood Control District
Project Title: Property Acquisition for the Lower Green River Levee Improvements / Habitat
Restoration Project
Page 4 of 4
In witness whereof, the King County Flood Control District has executed this document this
___ day of _______________________2019, at King County, Washington.
Christie True, Director, King County Department of Natural Resources and Parks (Grantee)
_______________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day before me personally appeared ___________________________________,
to be known the Director of King County’s Natural Resources and Parks Department,
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of such party, for the uses and purposes therein
mentioned, and on oath stated that the execution of the instrument was duly authorized.
In witness whereof, I have hereunto set my hand and affixed my official seal this _____
day of _____, 20___.
Notary Signature
Notary name printed or typed
NOTARY PUBLIC in and for the State of Washington
Residing at _____________________
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Packet Pg. 383
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Bird Tower
0 50 10025Feet
±
Lower Russell Levee Setback
Parcels
Park Boundary
Contours
Park Facilities
Recreation Facilities
ParkTrails
Park Parking Lot
Levee Trail
Area B Habitat Trails (gravel)
Green River Trail
Land Use
Flood Protection
Habitat and Passive Trails
Recreation
8.S.a
Packet Pg. 384
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: Engineering and Cost Consultation for Proposed Sound
Transit Light Rail Facilities - Authorize
MOTION: Authorize the Mayor to sign a contract with selected engineering
firms to provide engineering and cost consultation to City staff for
proposed Sound Transit Light Rail Facilities up to $100,000, subject to
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: Sound Transit has opened the comment period for their proposed
Operations and Maintenance Facility for the Federal Way Link Extension Project.
Comments are due on the first of April.
Two of the proposed sites are located on the West Hill of Kent.
It will be necessary to provide engineering and cost data to help demonstrate
advantages and difficulties with the proposed locations.
Staff will need to utilize the services of one or more consultants to provide
engineering and cost estimation for this purpose.
Staff have initiated review of qualifications of firms for this purpose but have not
yet selected or prepared a contract with a firm.
BUDGET IMPACT: A budget adjustment will be necessary to accommodate
expenditures.
02/25/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
3/5/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher
EXCUSED: Toni Troutner
8.T
Packet Pg. 385
DATE: March 5, 2019
TO: Kent City Council
SUBJECT: 2019 Plastic Markings Project Bid - Authorize
MOTION: Award the 2019 Plastic Markings Project to Stanley Patrick
Striping Company in the amount of $152,755.50, 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 will refresh plastic pavement markings at various
locations throughout the city including, stop lines, crosswalks, traffic arrows, traffic
letters, and railroad crossing markers.
The bid opening for the 2019 Plastic Markings Project was held on February 26,
2019 with four bids received. The lowest responsible and responsive bid was
submitted by Stanley Patrick Striping Company in the amount of $152,755.50.
Bid Tab Summary
01. Stanley Patrick Striping Co. $152,755.50
02. Stripe Rite, Inc. $175,505.00
03. Specialized Pavement Marking, Inc. $224,950.00
04. Apply-A-Line LLC $262,522.50
Engineer's Estimate $200,025.00
BUDGET IMPACT: The project will be paid for using budgeted Business and
Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Plastic Markings Bid Tab (PDF)
10.A
Packet Pg. 386
2019 Plastic Markings
Bid Opening: February 26, 2019, 11:00 AM Stanley Patrick Striping Co. Stripe Rite, Inc. Specialized Pavement Marking, Inc. Apply-A-Line LLC
1628 3rd St. 1813 137th Ave. E. 11095 SW Industrial Way, Suite A 175 Roy Rd. SW, Bldg. C
Enumclaw, WA 98022 Sumner, WA 98390 Tualatin, OR 97062 Pacific, WA 98047
TOTAL $152,755.50 $175,505.00 $224,950.00 $262,522.50
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 50,000.00 $50,000.00 4,000.00 $4,000.00 30,000.00 $30,000.00 45,000.00 $45,000.00
1005 Plastic Stop Line (24 inch wide) 1,250 LF 6.00 $7,500.00 8.45 $10,562.50 20.00 $25,000.00 9.25 $11,562.50
1010 Plastic Stop Line (12 inch wide) 150 LF 4.00 $600.00 9.45 $1,417.50 25.00 $3,750.00 7.50 $1,125.00
1015 Plastic Crosswalk Line 9,000 SF 6.00 $54,000.00 5.90 $53,100.00 12.50 $112,500.00 7.20 $64,800.00
1020 Plastic Traffic Arrow 68 EA 150.00 $10,200.00 250.00 $17,000.00 300.00 $20,400.00 220.00 $14,960.00
1025 Plastic Traffic Letter 8 EA 96.00 $768.00 150.00 $1,200.00 225.00 $1,800.00 250.00 $2,000.00
1030 Intersection Turn Extension Line 500 LF 2.00 $1,000.00 8.65 $4,325.00 6.50 $3,250.00 2.15 $1,075.00
1035 Plastic Railroad Crossing Symbol 5 EA 1,000.00 $5,000.00 2,400.00 $12,000.00 1,500.00 $7,500.00 1,050.00 $5,250.00
1040 Additional Plastic Traffic Marking Removal 250 SF 0.25 $62.50 6.00 $1,500.00 5.00 $1,250.00 8.50 $2,125.00
1045 Traffic Control Labor 600 HR 1.00 $600.00 75.00 $45,000.00 5.00 $3,000.00 80.00 $48,000.00
1050 Traffic Control Supervisor 150 HR 1.00 $150.00 80.00 $12,000.00 5.00 $750.00 110.00 $16,500.00
1055 Temporary Traffic Control Devices 1 LS 10,000.00 $10,000.00 1,400.00 $1,400.00 2,500.00 $2,500.00 25,000.00 $25,000.00
1060 Portable Changeable Message Sign (PCMS) 50 DAY 5.00 $250.00 100.00 $5,000.00 125.00 $6,250.00 250.00 $12,500.00
1065 Sequential Arrow Sign (SAS) 25 DAY 275.00 $6,875.00 50.00 $1,250.00 50.00 $1,250.00 125.00 $3,125.00
1070 SPCC Plan 1 LS 750.00 $750.00 750.00 $750.00 750.00 $750.00 4,500.00 $4,500.00
1075 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 $152,755.50 $175,505.00 $224,950.00 $262,522.50
1233
10.A.a
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2019 Plastic Markings
Bid Opening: February 26, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
1000 Mobilization 1 LS
1005 Plastic Stop Line (24 inch wide) 1,250 LF
1010 Plastic Stop Line (12 inch wide) 150 LF
1015 Plastic Crosswalk Line 9,000 SF
1020 Plastic Traffic Arrow 68 EA
1025 Plastic Traffic Letter 8 EA
1030 Intersection Turn Extension Line 500 LF
1035 Plastic Railroad Crossing Symbol 5 EA
1040 Additional Plastic Traffic Marking Removal 250 SF
1045 Traffic Control Labor 600 HR
1050 Traffic Control Supervisor 150 HR
1055 Temporary Traffic Control Devices 1 LS
1060 Portable Changeable Message Sign (PCMS) 50 DAY
1065 Sequential Arrow Sign (SAS) 25 DAY
1070 SPCC Plan 1 LS
1075 Minor Changes 1 CALC
CONSTRUCTION CONTRACT TOTAL
Engineer's Estimate
Mike Almaroof
$200,025.00
UNIT TOTAL
PRICE AMOUNT
10,000.00 $10,000.00
13.00 $16,250.00
11.00 $1,650.00
9.50 $85,500.00
150.00 $10,200.00
100.00 $800.00
2.00 $1,000.00
1,500.00 $7,500.00
2.50 $625.00
60.00 $36,000.00
60.00 $9,000.00
6,000.00 $6,000.00
140.00 $7,000.00
100.00 $2,500.00
1,000.00 $1,000.00
5,000.00 $5,000.00
$200,025.00
10.A.a
Packet Pg. 388
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DATE: March 5, 2019
TO: Kent City Council
SUBJECT: 2019 Paint Line Striping and RPM Replacements Project -
Authorize
MOTION: Award the 2019 Paint Line Striping and RPM Replacement Project
to Stripe Rite, Inc, in the amount of $281,650, 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 consists of refreshing paint line striping and installing
replacement raised pavement markings on various City of Kent Streets.
The bid opening for the 2019 Paint Line Striping and RPM Replacement Project was
held on February 26, 2019 with three bids received. The lowest responsible and
responsive bid was submitted by Stripe Rite, Inc. in the amount of $281,650.
Bid Tab Summary
01. Stripe Rite, Inc. $281,650.00
02. Specialized Pavement Marking, Inc. $347,400.00
03. Apply-A-Line LLC $364,225.00
Engineer's Estimate $301,875.00
BUDGET IMPACT: The project will be paid for using budgeted Business and
Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Bid Tabulation (PDF)
10.B
Packet Pg. 389
2019 Paint Line Striping and RPM
Stripe Rite, Inc. Specialized Pavement Marking, Inc. Apply-A-Line LLC Engineer's Estimate
Bid Opening: February 26, 2019, 10:00 AM 1813 137th Ave. E. 11095 SW Industrial Way, Suite A 175 Roy Rd. SW, Bldg. C Mike Almaroof
Sumner, WA 98390 Tualatin, OR 97062 Pacific, WA 98047
TOTAL $281,650.00 $347,400.00 $364,225.00 $301,875.00
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 4,600.00 $4,600.00 12,000.00 $12,000.00 11,500.00 $11,500.00 10,000.00 $10,000.00
1002 Removing Pavement Markings at 101st Ave SE
including Layout for Re-Channelization
1 LS 15,000.00 $15,000.00 4,000.00 $4,000.00 2,200.00 $2,200.00 2,000.00 $2,000.00
1005 Painted Double Solid Line 450,000 LF 0.14 $63,000.00 0.15 $67,500.00 0.15 $67,500.00 0.15 $67,500.00
1010 Painted Single Solid Line 675,000 LF 0.10 $67,500.00 0.12 $81,000.00 0.12 $81,000.00 0.13 $87,750.00
1015 Painted Skip Lane Line 150,000 LF 0.07 $10,500.00 0.09 $13,500.00 0.12 $18,000.00 0.10 $15,000.00
1020 Painted Dotted Line 12,000 LF 0.22 $2,640.00 0.15 $1,800.00 0.20 $2,400.00 0.15 $1,800.00
1025 Painted TWLTL Line 150,000 LF 0.12 $18,000.00 0.12 $18,000.00 0.15 $22,500.00 0.15 $22,500.00
1030 Painted Wide Lane Line 30,000 LF 0.16 $4,800.00 0.23 $6,900.00 0.20 $6,000.00 0.25 $7,500.00
1035 Painted Bike Lane Line 140,000 LF 0.14 $19,600.00 0.18 $25,200.00 0.20 $28,000.00 0.18 $25,200.00
1040 Raised Pavement Marker Type 1 35 HUND 299.00 $10,465.00 300.00 $10,500.00 275.00 $9,625.00 325.00 $11,375.00
1045 Raised Pavement Marker Type 2 110 HUND 334.00 $36,740.00 375.00 $41,250.00 400.00 $44,000.00 325.00 $35,750.00
1050 Project Temporary Traffic Control 1 LS 23,455.00 $23,455.00 60,000.00 $60,000.00 65,000.00 $65,000.00 10,000.00 $10,000.00
1055 SPCC Plan 1 LS 350.00 $350.00 750.00 $750.00 1,500.00 $1,500.00 500.00 $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 $281,650.00 $347,400.00 $364,225.00 $301,875.00
123
Replacement
10.B.a
Packet Pg. 390
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