HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/25/2019
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Special Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, February 25, 2019
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of February 4, 2019
Minutes
YES Chair 05 MIN.
5. Apprentice Utilization Program
Ordinance - Recommend
YES Christina Schuck 10 MIN.
6. Info Only - Establishing Design
Standards for Small Cells on
City-Owned Infrastructure
NO Christina Schuck 15 MIN.
7. Info Only - LID 363: S. 224th
St. Improvements, 84th Ave. S.
to 88th Ave. S. – Project Update
NO Jason Bryant 10 MIN.
8. LID 363: S. 224th St.
Improvements 88th Ave. S. to
94th Pl. Agreement with JECB -
Recommend
YES Jason Bryant 05 MIN.
9. Release of Easement for Clark
Springs Transmission Main -
Recommend
YES Joseph Araucto 05 MIN.
10. Pedestrian Safety Fencing
(BNSF) UTC Grant Acceptance -
Recommend
YES Dan Hansen 05 MIN.
11. Pedestrian Safety Fencing (UP)
UTC Grant Acceptance -
YES Dan Hansen 05 MIN.
Public Works Committee CC PW Special Meeting February 25, 2019
Recommend
12. Quiet Zone Project
Condemnation Ordinance -
Recommend
YES Dan Hansen 10 MIN.
13. Clark Springs Parcel Purchase -
Recommend
YES Cheryl Rolcik-Wilcox 05 MIN.
14. Little Property Parcel Purchase -
Recommend
YES Cheryl Rolcik-Wilcox 05 MIN.
15. McSorley Creek Wetland
Complex Parcel Purchase -
Recommend
YES Cheryl Rolcik-Wilcox 05 MIN.
16. Lake Fenwick Design Contract for
Aerator Retrofit with Tetra Tech,
Inc. – Recommend
YES Matt Knox 05 MIN.
17. OMF Facility Engineering
Services
YES Tim LaPorte 05 MIN.
18. Info Only - Quiet Zone Update NO Rob Brown 05 MIN.
Page 1 of 7
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
February 4, 2019
Date: February 4, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
The items listed below were moved to a later meeting.
Item 5 - Apprentice Utilization Program
Item 13 - Info Only/Establishing Design Standards for Small Cells on City-
Owned Infrastructure
Item 14 - Info Only/Rapid Ride I
Item 4a was added to the agenda:
Brent Collins, Street Supervisor gave a brief update on the winter weather
event.
4. Approval of Minutes dated January 28, 2019
MOTION: Move to approve the Minutes dated January 28, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Apprentice Utilization Program Ordinance - Recommend
This item was pulled from the agenda. It will be heard at a later meeting.
MOTION: Move to recommend Council adopt an ordinance adding a
new section to chapter 6.01 of the Kent City Code, establishing
apprenticeship utilization requirements for public works contracts of
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 2 of 7
$1,000,000 or more.
RESULT: PULLED Next: 2/25/2019 4:00 PM
6. Lower Russell Levee - Green River Natural Resources Area Property
Surplus and Restrictive Covenant Removal Set Public Hearing -
Recommend
Toby Hallock, Environmental Engineer noted that on March 6, 2018, Council
authorized an Interlocal Agreement (ILA) with the King County Flood Control
District for the City to acquire those remaining property rights that are
needed to support the Lower Russell Road Levee Project. The most
economical way to acquire KOA’s property is through a land exchange
transaction where the KOA will transfer a portion of its land to the City in
exchange for the City’s transfer of a portion of its Green River Natural
Resources Area (GRNRA) to the KOA. The GRNRA is owned by the City’s
drainage utility and grant open space use restrictions currently limit how the
GRNRA may be used. These grants were acquired through King County’s
1993 Regional Conservation Futures Acquisition Program and King County’s
Department of Metropolitan Services Regional Shoreline Fund. Both grants
allow the open space use to be converted upon the acquisition of suitable
replacement property. The City and King County are in active discussions on
suitable replacement property, and the City believes King County will likely
accept the KOA land the City receives through this land exchange, or the
previously acquired Suh Property, as replacement property for that portion of
the GRNRA to be transferred to the KOA. Through the ILA, the Flood District
previously agreed to reimburse the City for its acquisition costs of the Suh
Property and the KOA Property, including KOA’s costs to reconstruct
campsites on the transferred GRNRA property.
MOTION: Recommend Council set a public hearing on March 5, 2019,
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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
7. Power Service Upgrade for 640 PUmp Station - Recommend
Bryan Bond, Operations Project Coordinator noted that Puget Sound Energy
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 3 of 7
(PSE) is the area service provider for electricity. Three phase power is
needed to operate the pumps at our city’s pump station, which will service
the new 640 pressure zone. The new power service will run overhead along
the West side on 112th Ave SE Northward from just South of SE 237th Pl to SE
236th PL then underground East along SE 236th to the City site. This contract
covers construction and installation of the power service.
MOTION: Move to recommend Council 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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. PSE Easement for 640 Pressure Zone North Pump Station No. 1
Bryan Bond, Engineering Project Coordinator noted that Puget Sound Energy
(PSE) is the area service provider for electricity. A PSE owned power
transformer needs to be installed on City owned property to provide power to
the new North Pump Station. PSE requires an easement from the City for the
transformer installation and maintenance.
Bond noted that it will be several years before the southern portion of the
640 Pressure Zone is activated. Water system improvements remaining for
this portion include several miles of new water main, a pump station, 500
small individual pressure reducing valves, and a franchise agreement with
the City of Auburn.
MOTION: Move to recommend Council authorize the Mayor to sign all
documents to provide Puget Sound Energy an easement 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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
9. Local Hazardous Waste Management Programs Grant - Recommend
Tony Donati, Conservation Coordinator noted that the Seattle-King County
Health Department’s Local Hazardous Waste Management Program Grant is a
two-year grant that helps cities protect public health and the environment
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 4 of 7
from toxics and hazardous products and wastes. The grant covers collection
of hazardous waste at three Special Recycling and Collection Events for
residents.
Below are recycling events scheduled for 2019:
* Spring - Saturday, March 9 - Hogan Park at Russell Road
Accepted Items:
Scrap metal
Propane tanks
Appliances
CFC Appliances - Refrigerators, Freezers, AC Units
Mattresses
Shredding
Bulky yard debris
Batteries
Tires
Styrofoam
E-Waste
Cardboard
Reusable household goods & clothing
Porcelain toilets & sinks
* Summer - Saturday, June 1 - Meridian Middle School
* Fall - Saturday, October 19 - Hogan Park
MOTION: Move to recommend Council 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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
10. Contract with PSE for Electrical Services for the Upper Mill Creek -
Recommend
Mike Mactutis, Environmental Engineering Manager noted that Quigg
Construction will start working on the Upper Mill Creek Dam project in April
of this year.
Mactutis further noted that in order to construct the Project, it is necessary
for Puget Sound Energy (PSE) to install a new electrical service connection to
serve city facilities located at the Upper Mill Creek Dam. The Project includes
a larger stormwater outfall culvert which crosses 104th Ave South and will be
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 5 of 7
in conflict with PSE’s existing electrical service lines which run underground
along 104th Ave South.
MOTION: Move to recommend Council authorize the Mayor to sign a
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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
11. Glencarin Div. 1, Shadow Run, Janson Lane (Kentridge
Neighborhoods) Parking Restrictions - Recommend
Rob Brown, Transportation Manager noted that the Kent School District
allows Kentridge High School students to drive to school, although on-site
parking availability is limited. As a result, Kentridge students park in
Glencarin Division 1, Shadow Run, and Jason Lane neighborhoods to the
south of SE 208th St. The residents of these neighborhoods have requested
the City implement parking restrictions through an ordinance to facilitate
enforcement.
The signs that are currently posted in these neighborhoods were establish by
King County prior to annexation into Kent but are not enforceable since King
County never annexed into Kent. The proposed change to city code creates
uniform parking restrictions across all three neighborhoods.
MOTION: Move to recommend Council adopt an ordinance amending
various sections of chapter 9.38 of the Kent City Code to add
locations to the two and four-hour parking zones, add a new four-
hour parking zone to be in effect at all times and establish a
residential parking zone in the Mill Creek Neighborhood.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
12. Contract with GeoEngineers for LID 363: S 224th St Improvements
88th Ave S to 94 Pl - Recommend
Eric Connor, Construction Manager noted that GeoEngineers will provide
geotechnical consulting services that included engineering consultation,
geotechnical field inspection, construction observation, materials testing, and
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 6 of 7
documentation related to the project’s structural earth walls, foundation piles,
dewatering, and ground improvements.
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with GeoEngineers to provide
geotechnical consulting services for the South 224th Street
Improvements (88th Ave S to 94th PL) 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.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
13. Info Only/Establishing Design Standards for Small Cells on City-
Owned Infrastructure
This item will be heard at a later meeting.
14. Information Only/Rapid Ride I - Update
This item will be heard at a later meeting.
15. Info Only/Neighborhood Traffic Calming Program - Update
Dan Hansen, Transportation Engineer III noted that the Residential Traffic
Calming Program RTCP was last presented to the Public Works Committee in
June 2018. Since that time, 17 new RTCP requests have been submitted by
residents and 17 traffic studies have been completed. 12 of the newly
completed studies recorded 85th percentile speeds of less than 10 MPH over
the speed limit. The other 5 studies recorded 85th percentile speeds 10 MPH
or more over the posted speed limit. Staff has or will be contacting these
neighborhoods to determine interest in participating in a speed watch
program to help change driving behavior. A total of 13 RTCP are currently
being evaluated for further action.
Staff is preparing to study 13 newly requested locations that have not yet
had speed studies completed.
16. Info Only/Quiet Zone Update
Rob Brown, Transportation Manager give an update to the Committee on the
status of the Quiet Zones.
· Traffic counts used to update the Grade Crossing Inventory forms have been
scheduled.
· Our consultant team will begin work on the formal request to the FRA to
consider our ASM risk calculations this week.
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Public Works Committee CC PW Regular Meeting
Minutes
February 4, 2019
Kent, Washington
Page 7 of 7
· Fencing work - purchase of easements is currently being done.
Cheryl Viseth
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
FROM: Christina Schuck
SUBJECT: Apprentice Utilization Program Ordinance - Recommend
MOTION: Move to recommend Council adopt an ordinance 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.
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 $1,000,000.00 (one 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
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not be considered significant in light of the total project costs for projects over $1-
million.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Government
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 5 - Exhibit Apprentice Utilization Ordinance - Schuck (PDF)
02/04/19 Public Works Committee PULLED Next:
02/25/19
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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
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2 Amend KCC 6.01 -
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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3 Amend KCC 6.01 -
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.
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4 Amend KCC 6.01 -
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;
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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
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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
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Info Only - Establishing Design Standards for Small Cells on
City-Owned Infrastructure
SUMMARY: The Federal Communications Commission (FCC) recently issued an
order regarding the deployment of small cell facilities. The FCC Order went into
effect on January 14, 2019 and significantly limits local control over these types of
deployments and requires the City to act on applications to deploy small cells or
small wireless facilities within compressed timelines. The City Council took action on
January 15, 2019 to establish a specific franchise application process for small cell
facilities installed on the right-of-way.
Importantly, the FCC Order not only applies to local government’s regulatory
control over the right-of-way; it also applies to the property local government owns
within the right-of-way that is suitable for hosting small cells. This means that the
City also needs to address the deployment of small cells on City-owned
infrastructure (e.g., streetlights) by establishing safety and aesthetic standards.
The FCC Order allows cities to impose aesthetic requirements that are (1)
reasonable; (2) no more burdensome than those applied to other types of
infrastructure deployments; and (3) objective and published in advance.
The City has already established design standards for small cells installed on utility
poles within the right-of-way. These are currently found within the individual small
cell franchises and will be codified. City staff is now seeking input from the
Committee to help draft design standards for small cells on city-owned
infrastructure that comply with the FCC Order and address the associated safety
and aesthetic concerns these facilities raise.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Community
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Info Only - LID 363: S. 224th St. Improvements, 84th Ave. S.
to 88th Ave. S. – Project Update
SUMMARY: Phase 1 of the S 224th St Improvements Project is progressing on
schedule and we have surpassed a major milestone in pouring the concrete bridge
deck. We would like to share progress since our July 2, 2018 update and discuss
what is next.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: LID 363: S. 224th St. Improvements 88th Ave. S. to 94th Pl.
Agreement with JECB - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with JECB to provide material testing
services for the South 224th Street Improvements (88th Ave S to 94th PL)
Project in an amount not to exceed $130,515.00 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: This contract is for the LID 363: S. 224th Street Improvements Project
(88th Avenue South to 94th Place). This project consists of the realignment of S. 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. 8 - Exhibit JECB LID 363 Agreement (PDF)
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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:
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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.
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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
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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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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.
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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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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.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Release of Easement for Clark Springs Transmission Main -
Recommend
MOTION: Move to recommend Council terminate the water main 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 th e
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 2500 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;
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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.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 9 - Exhibit A Map (PDF)
2. 9 - Exhibit B Easements (PDF)
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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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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:
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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
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REC. N0" 483't731 T0
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PHASE I
vol. 282, PCS" t,/toRTC. NO 17 4T0SW
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WATTR LINE
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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
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yoL. 282, PCS. t,/to
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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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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Pedestrian Safety Fencing (BNSF) UTC Grant Acceptance -
Recommend
MOTION: Move to recommend Council authorize the Mayor to accept grant
funds from the Washington Utilities and Transportation Commission for
pedestrian safety fencing in the amount of $10,000.00 dollars, 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 $10,000.00 to construct approximately 250 feet of
chain link fencing east of the BNSF Railway approximately 0.33 miles north of East
James Street. The fencing is being constructed to deter pedestrian trespass across
BNSF 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 $10,000.00 to the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 10 - Exhibit BNSF Grant (PDF)
10
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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.
10.a
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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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Grade Crossing Protective Fund Grant – General Provisions Page 1 of 9
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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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Pedestrian Safety Fencing (UP) UTC Grant Acceptance -
Recommend
MOTION: Move to recommend Council authorize the Mayor to accept grant
funds from the Washington Utilities and Transportation Commission for
pedestrian safety fencing in the amount of $10,000.00 dollars, 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 $10,000.00 to construct approximately 300 feet of
link fencing on both sides of the Union Pacific Railroad immediately south of West
Willis Street (SR 516). 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 $10,000.00 to the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 11 - Exhibit UPRR Grant (PDF)
11
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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.
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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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Grade Crossing Protective Fund Grant – General Provisions Page 1 of 9
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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Grade Crossing Protective Fund Grant – General Provisions Page 2 of 9
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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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Quiet Zone Project Condemnation Ordinance - Recommend
MOTION: Move to recommend Council adopt an ordinance 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. However, 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. 12 - Exhibit A Quiet Zone Condemnation Ordinance (PDF)
2. 12 - Exhibit B Quiet Zone Exhibits (PDF)
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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
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2 Condemnation Ordinance -
Quiet Zone
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 -
Quiet Zone
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 -
Quiet Zone
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.
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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
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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
il6SP
t'/ *AS -2ot
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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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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
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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'
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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
12.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.WatHttotot
CITY OF KENT
LAND SURVEY SECTION
KENT
DATE: 01/16/2019
SCALE: 1"=100'
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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
12.b
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Clark Springs Parcel Purchase - Recommend
MOTION: Move to recommend Council 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 $2,012.00, 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: $2,012.00 from the Water Fund
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Evolving Infrastructure, Innovative Government
ATTACHMENTS:
1. 13 - Exhibit A KCDA Property Info (PDF)
2. 13 - Exhibit B KC Tax Title Terms of Sale (PDF)
13
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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
Views Waterfront
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DIRECTIONS
ADVERTISEMENl
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
13.a
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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 $0.00
PALMER
COKING
COAL
COMPANY
MAPLE
RIOGE
HIGHLANDS
LLC
Quit Claim
Deed Othsr
https:/lblue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?P... L2/28/20L8
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King Coun
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hptu King County Assessor's Ofice, King County GIS Center, King County, King county Assessor's Office
King County GIS Center
The hformation in cLded on this m ap has ben comp iled by King County staff f rcm a varbty of sources and is subjet to chage
withoutnotice. KhgCountymakesnorepresentatbnsorwarEntes,expr$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
t{l
KingCounty
N
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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 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
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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
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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
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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
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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
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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
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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
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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
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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
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Little Property Parcel Purchase - Recommend
MOTION: Move to recommend Council 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 $2,128.00, 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: $2,128.00 from the Stormwater Fund
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
ATTACHMENTS:
1. 14 - Exhibit A Little Prop Dept of assessments prop info (PDF)
2. 14 - Exhibit B Little Prop KC Tax Title Terms of Sale (PDF)
14
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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
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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
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KingCounty
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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
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: McSorley Creek Wetland Complex Parcel Purchase -
Recommend
MOTION: Move to recommend Council 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 $16,570.00, 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: $16,570.00 from the Stormwater Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 15 - Exhibit A McSorley Dept of assessments prop info (PDF)
2. 15 - Exhibit B McSorleyKC Tax Title Terms of Sale (PDF)
15
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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
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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
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Ouit Claim
Deed Other
MaD Thir ProDertv nf TFrms
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15.a
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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
15.b
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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
15.b
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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
15.b
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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.
15.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
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Lake Fenwick Design Contract for Aerator Retrofit with Tetra
Tech, Inc. – Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
consultant services agreement with Tetra Tech Inc., in an amount not to
exceed $68,490.00 to design an 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. 16 - Exhibit Lake Fenwick Aerator Retrofit Tetra Tech Agreement (PDF)
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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:
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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.
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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
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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.
160
140
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2013 2014 ZO15 2016 2017 20182æ6 2W7 2008 2009 2010 201L 20ll
Year
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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
4
2
t4
Electric al
Engineer
$170. l0
I
4
2
l4
Project
lvleager
(FM)/Civil-
Environmental
Engineer
s124.8't
32
24
l6
t6
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
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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
123.95
170. l0
r 65.40
mark-up
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160
1.60
3.05
3.05
3.0s
3.05
Labor Rate
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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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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: OMF Facility Engineering Services
MOTION: Move to 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 $100,000.00 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 (OMF) for the Federal Way Link Extension
Project. Comments are now 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 to this end.
The purpose of this action is to allow the Mayor to authorize this work on a timely
basis.
BUDGET IMPACT: A budget adjustment will be necessary to accommodate
expenditures.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2019
TO: Public Works Committee
SUBJECT: Info Only - Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zones to include
future activities and schedule.
Union Pacific Railroad: Staff will report on the progress of preparing the grade
crossing modification petitions to the Washington State Utilities and Transportation
Commission.
BNSF Railway: Staff will report on the progress of preparing the application to the
Federal Railroad Administration for the establishment a Quiet Zone.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
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