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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 8/15/2017adccW15902 CITY OF KENT Council MeetingAgenda Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas August 15, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS August 15, 2017 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Construction Inflation Carla Maloney 20 min Sound Transit Auburn/Kent Sounder Station Sandra Fann and 60 min Access Improvement Project and Federal Way Dan Abernathy Link Extension COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. USSSA Conference Men’s and Women’s Major Tournament Presentation B. Appointments to the Cultural Communities Board C. Community Events D. Public Safety Update E. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 7. CONSENT CALENDAR A. Minutes of August 1, 2017, Council Meeting – Approve B. Appointments to the Cultural Communities Board – Confirm C. 7-Eleven On-Site and Off-Site Improvements Project Bill of Sale – Accept D. Bridge Inspection Services Agreement with Harris & Associates for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize E. Materials Testing Contract with Mays Testing for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize F. Consultant Contract with AECOM for Upper Mill Creek Dam Improvements – Authorize G. Upper Mill Creek Dam Improvements King County Flood Control District Sub-Regional Opportunity Fund – Authorize H. Bahamas Final Plat – Approve I. Puget Sound Energy Reimbursement Agreement - Authorize 8. OTHER BUSINESS A. Riverbend Golf Complex “Marquee on Meeker” Development Agreement – Authorize B. Six-Month Moratorium/Interim Official Control – Prohibiting Community Health Engagement Locations (safe injection sites) - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1-800-833-6388. COUNCIL WORKSHOP A) Construction Inflation – Carla Maloney B) Sound Transit Auburn/Kent Sounder Station - Access Improvement Project and Federal Way Link Extension - Sandra Fann and Dan Abernathy This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. USSSA Conference Men’s and Women’s Major Tournament Presentation B) Appointments to the Cultural Communities Board This page intentionally left blank. C) Community Events D) Public Safety Update E) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the council meeting of August 1, 2017. This page intentionally left blank. Kent City Council Regular Meeting August 1, 2017 Minutes Kent, Washington Pending Approval Date: August 1, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Agenda: 1. Call to Order The meeting was called to order at 5:03 p.m. with Council President Boyce presiding. 2. Roll Call Mayor Cooke – Excused Absence Council President Boyce - Present Tina Budell, Councilmember - Present Jim Berrios, Councilmember - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember – Excused Absence Dana Ralph, Councilmember - Present Les Thomas, Councilmember - Present 3. Changes to the Agenda None. 4. Public Communications A. Public Recognition: Council President Boyce recognized Tony Mann from the Public Works Utilities Department as the August employee of the month. 5. Public Hearing None. 6. Public Comment None. 7. Consent Calendar Councilmember Ralph moved to approve the Consent Calendar items A through J seconded by Councilmember Thomas. The motion passed with a vote of 6-0. A. Minutes of Previous Meetings and Workshops – Approve Page 1 of 5 Kent City Council Regular Meeting August 1, 2017 Minutes Kent, Washington Pending Approval The minutes of the workshop and regular council meeting of July 18, 2017, were approved. B. Approval of Bills – Approve Bills received through June 30, 2017, and paid on June 30, 2017, after auditing by the Operations Committee on July 18, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 06/30/17 Wire Transfers 7152-7167 $2,144,504.72 06/30/17 Regular Checks 715198-715669 $4,962,369.48 06/30/17 Payment Plus $27,478.91 Void Checks ($100.00) 06/30/17 Use Tax Payable $1,382.70 $7,135,635.81 Approval of checks issued for payroll for June 16 through June 30, 2017, and paid on July 5, 2017: Date Check Numbers Amount 07/05/17 Checks 0 $0.00 Voids and Reissues 07/05/17 Advices 390029-390900 $1,624,903.57 $1,624,903.57 C. Excused Absence for Councilmember Higgins - Approve Council approve excused absence for Councilmember Higgins as he was unable to attend the City Council meeting of August 1, 2017. D. Public Facilities District Board Reappointment - Confirm Council confirmed the reappointment of Mike Miller to Position No. 2 of the Public Facilities District Board for a four-year term beginning September 1, 2017. E. Mill Creek Side Channel Leber Homestead Property – Accept as Complete The Mayor was authorized to accept the Mill Creek Side Channel Leber Homestead Property as complete and release retainage to Scarsella Brothers, Inc. upon receipt of standard releases from the state and the release of any liens. F. Drainage Agreement with Lake Meridian Estates LLC - Authorize The Mayor was authorized to sign a Drainage Agreement with Lake Meridian Estates, LLC, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Page 2 of 5 Kent City Council Regular Meeting August 1, 2017 Minutes Kent, Washington Pending Approval G. Amendment to Consultant Services Agreement with HDR for South 228th Street UPRR Grade Separation Project - Authorize The Mayor was authorized to sign an Amendment to the Consultant Services Agreement with HDR for Structural Engineering services for the South 228th Street UPRR Grade Separation Project in an amount not to exceed $185,369.94, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Enterprise Truck Rental Bill of Sale – Accept Council accepted the Bill of Sale from Enterprise Truck Rental, Permit No. RECC- 2132535, for Frontage Improvements, including; 50 linear feet of driveway with curb. I. Kelsey’s Crossing Bill of Sale – Accept Council accepted the Bill of Sale from Kelsey’s Crossing, Permit No. RECC-2123157, for Frontage Improvements, including 350 linear feet of curb, gutter, 7’ sidewalk and 22’ asphalt pavement. storm sewer, including: 1 manhole, 2 catch basins and 50 linear feet of 12” ADS. J. Pacific NW Equipment Facility Bill of Sale – Accept Council accepted the Bill of Sale from Pacific NW Equipment Facility, Permit No. RECC- 2140809, for watermains including 1 gate valve, 1 hydrant, 272 linear feet of 8” 10” and 12” DI waterline, and for sanitary sewers, including 161 linear feet of 5” PVC sewerline, and for new streets, including 230 linear feet of new asphalt and base paving. 8. Other Business None. 9. Bids Tim LaPorte, Public Works Director, provided a brief overview of bid items A through C. Councilmember Budell inquired about the filling of the potholes along this trail, to which Public Works Director Tim LaPorte confirmed that they will be filled. A. Lake Meridian Estates Storm Drainage Repair Project – Award Councilmember Ralph moved to award the Lake Meridian Estates Storm Drainage Repair Project to Road Construction Northwest, Inc. in the amount of $307,230.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Fincher. Motion passed 6-0. B. South 228th Street Grade Separation at Union Pacific Railroad Joint Utility Trench Project – Award Page 3 of 5 Kent City Council Regular Meeting August 1, 2017 Minutes Kent, Washington Pending Approval Councilmember Ralph moved to award the South 228th Street Grade Separation at Union Pacific Railroad Joint Utility Trench Project to Scarsella Brothers, Inc. in the amount of $633,764.90 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Fincher. Motion passed 6-0. C. South 240th Street Pathway Improvements Green River Trail to Lakeside Boulevard Project – Award Councilmember Ralph moved to award the South 240th Street Pathway Improvements Green River Trail to Lakeside Boulevard Project to Fenix Earthworks LLC in the amount of $282,315.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Fincher. Motion passed 6-0. 10. Reports from Standing Committees, Council and Staff Council President’s Report – None. Administration – Derek Matheson, Chief Administrative Officer, indicated that his report is in the agenda packet. Economic and Community Development – No report. Operations – No report. Parks and Human Services – No report. Public Safety – No report. Public Works – No report. Puget Sound Regional Fire Authority – Councilmember Thomas recognized the hard work and dedication from Council President Boyce during the selection process of the new Fire Chief. Matthew Morris from Henderson, NV was chosen as the new Fire Chief for the Puget Sound Regional Fire Authority. 11. Executive Session and Action after Executive Session None. 12. Adjournment At 5:12 p.m., Council President Boyce adjourned the meeting. Page 4 of 5 Kent City Council Regular Meeting August 1, 2017 Minutes Kent, Washington Pending Approval Kathryn McKee Deputy City Clerk August 1, 2017 Page 5 of 5 This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ TO: City Council DATE: August 15, 2017 SUBJECT: Appointments to the Kent Cultural Communities Board – Confirm SUMMARY: I am pleased to recommend appointment of new members Guystave Sebatware and Sara Franklin-Phillips, along with reappointment of Ted Schwarz, Rand Al Hammadi, Vaivao Semisi-Tupou, Marvin Eckfeldt, Sonia Morales Osegueda, Yusuf Bashir, Hussein Al Kinani, Cesar Rangel, Satwinder Kaur, Sharnshoke Kaur, Mizanur Rahman, Davies Chirwa, Norma Maldonado, Samiha Bhuiyan (Youth) and Ta Kwe Say. I also recommend reappointment of Dr. Herbert Carey and Marwa Almusawi as alternates. All are one-year terms that will end July 31, 2018. Guystave Sebatware is from the Congolese community and is currently employed as the Preferred Community Case Manager for Jewish Family Services where his work is assisting newly arrived refugees. Guystave’s desire to be involved with the CCB stems from a lack of representation from the Congolese community and the importance that their voice be heard on a variety of issues facing their community. Sara Franklin-Phillips has been serving on the Washington State Commission on African Americans representing South King County since 2013. Sara’s desire to serve on this board is her belief that any community is best served by community members and local government forming a strong relationship to make their city a better place in which to live. Ted Schwarz is a strong advocate for inclusion of all cultures and races. Being retired, Ted wants to continue giving back to his community by service on the CCB. He recently served on Kent’s Human Services Commission. Rand Al Hammadi is from Iraq living in Kent where she volunteers at the Connection Desk for Lutheran Community Services. Rand’s desire is to educate the Kent community on the Iraqi culture and assist immigrants and refugees. Vaivao Semisi-Tupou is a 15-year Kent resident, originally from Samoa, who feels our community is in need of effective communications. He holds two Masters degrees and is working on his PhD in leadership. As he stated, “action speaks louder than words,” hence his desire to give back to the Kent community through service on the CCB. Marvin Eckfeldt is a longtime resident of Kent, a retired minister, has served on many boards and commissions in Kent and beyond, and is offers his link to the religious community. MOTION: Confirm the appointments of 2 new members, and the reappointments of 15 members and 2 alternates to the Kent Cultural Communities Board. Sonia Morales Osegueda, from El Salvador, brings a strong educational background to the Board and has a desire to ensure everyone in her community receives an education as it will assist them with building a strong future. Yusuf Bashir is a Kent resident from Somalia. He is a transit operator for King County Metro. Having lived in a refugee camp in Kenya and worked as a communicator serving five different communities, Yusuf desires to pay back this country and the Kent community for what he received since coming to the US. Hussein Al Kinani has resided in Kent since arriving from Iraq. Hussein is currently a student at Renton Technical College but has a broad breadth of experience from his years in Iraq. Hussein’s belief is that “we must respect all people in the world because we are of the same creation.” Cesar Rangel resides on the East Hill of Kent and is employed as an Academic Advisor/Transfer Program Coordinator at Bellevue College. Being Hispanic, he knows first-hand the challenges the Latin community experience and can assist them in navigating the educational system and provide input in their educational and personal futures. Satwinder Kaur is Indian (Punjabi) residing on the East Hill of Kent, and is a former City of Kent employee. She serves as a voice for the Sikh community by assisting them in organizing the Khalsa Day event, as well as many community service projects throughout the city. Her desire is to bring out issues of discrimination in our community and assist in resolving them. Sharnshoke Kaur enjoys living on Kent’s East Hill and is employed at Starbucks as a Barista. Being Indian and having been brought up in a traditional Punjabi family, she experienced the impact of fitting into school and society. It wasn’t until she started actively being involved in her community at the age of 17 that she began to study and interact with other cultures and religions, sparking a fire within her to create her moral values. It is through these experiences she realized that we must mutually respect one another and all cultures. Mizanur Rahman hails from Bangladesh and is currently a Senior Engineer at King County residing on Kent’s East Hill. His desire to serve on the CCB is to develop art and culture, equity and social justice for the City of Kent. His experience, passion and desire to work with a variety of cultures have given him confidence to serve and contribute to his community. Davies Chirwa is the President and Founder of CHANNEL African Television (A TV), a community service-based non-profit organization recognized for helping individuals and small organizations with media project initiative implementation and management. The highlight of his life was receiving credentials from the U.S. Department of State to represent his community during the U.S. – Africa Leaders’ Summit in Washington DC. During the summit, he directed and produced TV documentaries for President Obama, Secretary of State John Kerry as well as many presidents from Africa and other high ranking government officials who were featured at the White House. Norma Maldonado is Peruvian and a strong promoter of parent-child interaction and connecting families to the community. She serves as the supervisor for the Parent- Child Home Program at Children’s Home Society of Washington. She is a Spanish interpreter for the Kent School District and a member of Empowering Families Alliance (EFA) in South King County. Norma is also an instructor in Spanish for adult education at St. Vincent de Paul’s Centro Rendu program in Kent. Norma serves as a King County Library System bilingual facilitator for story-time and Play and Learn Group, and has been an active in the Kent Cultural Diversity Initiative Group. Samiha Bhuiyan (Youth) is of Bengalese descent and grew up in Kent and gained immense appreciation for different cultures and people. Samiha has gained valuable leadership serving on this board while helping improve her community. She volunteers with the Kent-Bengali and Muslim communities and brings a unique youth perspective to the board. Ta Kwe Say is a refugee from Myanmar residing on Kent’s East Hill. He is currently a Resettlement Case Manager for Jewish Family Services. He has been involved in the Karen community for ten years serving as a youth director, and graduated from the University of Washington. He likes breaking down barriers and has a desire to learn more about his community. Dr. Herbert Carey (Alternate) is the Pastor at To God Be the Glory House of Worship here in Kent. Dr. Carey has a desire to enrich the life of all people and takes seriously the words from the Declaration of Independence “We hold these truths to be self-evident, that all men/people are created equally, that they are endowed by their Creator with certain unalienable rights that among these are life, liberty, and the pursuit of happiness. Marwa Almusawi (Alternate) is the Director for the Office of Diversity, Equity & Inclusion at Green River College. While she currently resides in Auburn, Marwa provides a strong voice to the Iraqi, Arab, and Muslim communities living here in Kent. Her family came to the United States as refugees from Iraq 16 years ago, and to date, her position at GRC affords her the opportunity to assist the diverse students through the lenses of equity and inclusion. EXHIBITS: None RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: August 15, 2017 SUBJECT: 24012 104th Avenue S.E. 7-Eleven On-Site and Off-Site Improvements Project Bill of Sale – Accept SUMMARY: This Bill of Sale is for the 24012 104th Avenue S.E. 7-Eleven on and off- site improvements project for frontage improvements, together with lights, trees, landscaping (except residential streets) and/or any other appurtenances. Improvements include: • 124 linear feet at $20 per linear foot of concrete curb and gutter, 1,541 square feet at $7 per square feet of concrete sidewalk, and 1 concrete driveway at $2,300 on 104th Avenue S.E. from 29 feet south of S.E. 240th Street centerline to 188 feet south of S.E. 240th Street centerline. • 92 linear feet at $20 per linear foot of concrete curb and gutter, 920 square feet at $7 per square foot of concrete sidewalk, and 1 concrete driveway at $2,300 on S.E. 240th Street from 82 feet east of 104th Avenue S.E. centerline to 174 feet east of 104th Ave. S.E. centerline. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Accept the Bill of Sale from the 24012 104th Avenue S.E. 7-Eleven on and off-site improvements project for frontage improvements. This page intentionally left blank. KENT MAIL TO: CITY OF KENT ENGIN EERING DEPARTMENT ATTN: 22O - 4TH AVENUE SOUTH KENT, WASHTNGTON 98032 Project: 7-Eleven #1029574 (Store #35675) lArasHrHGToH Permit #: RFCC# 21)477" Location: 24012 104th Avenue SE, Kent, 98031 Parcel #7356500005 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of October 2Ol4 , by and between 7-Eleven, Inc,, hereinafter called "Grantor", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee certain as- built improvements (the "Improvements") as depicted on Exhibit A, attached hereto and as described as follows: A. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO 104th Avenue SE 29'south of SE 240th St. C/L 1BB'south of SE 240th St. c/L Including 124 linear feet at $ 20 per LF of concrete curb & gutter and 1541 square feet at g7 per SF of concrete sidewalk and 1 concrete driveway at $2300. SE 240th Street 82'east of 104th Ave. SE C/L !74'east of 104th Ave. SE C/L Including 92 linear feet at $ 20 per LF of concrete curb & gutter and 920 square feet at $7 per SF of concrete sidewalk and 1 concrete driveway at $2300. To have and to hold the same to the said Grantee, its successors and assigns forever Bill of Sale lofT The undersigned hereby covenants that it is the lawful owner of the property wherein the Improvements lie (the "Property") as described on Exhibit B, attached hereto; and that the same is free from all eNCuMbTAnces; AS IS, WHERE IS, WITH ALL FAULTS, AND GRANTEE EXPRESSLY AGREES THAT NEITHER GRANTOR NOR ANY AFFILIATE OF GRANTOR MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANry WITH RESPECT TO MAINTENANCE, REPAIR, CONDITION, DESIGN, COMPLIANCE WITH APPLICABLE LAWS OR MARKETABILITY OF THE IMPROVEMENTS, OR ANY WARRANTY OF CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid Improvements; that it will warrant and defend the same against the lawful claims and demand of all person(s), The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this -9r*Ou, of October, 2014 GRANTOR: 7-ELEVEN, I exas corporation J. Donald Stevenson, Jr. Managing Counsel, Real Estate IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this _ day of October, 2014. Bill of Sale 2of7 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. Donald Stevenson. Jr. , a(n) Manaeing Counsel. Real Estate, of 7-Eleven, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, or who has produced $ $ $ identification, and who did not take an oath, and acknowledged to me that the same was the act of said corporation and they executed same as the act of said corporation for the purposes therein expressed and in the capacities therein stated. GIVEN IINDER MY HAND AND SEAL OF OFFICE, .hi, A)fdAY Of OCtOb Er,2OI4. Qnjo*t A.ancp, NorARgFu$Ic ",, 04lab DDlbMy commission expir STATE OF WASHINGTON COUNTY OF KING ss ) ) ) On this day of October, 2O!4, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of October 2014. Notary Public in and for the State of Washington, residing at Bill of Sale 3of7 PAIGE GARCIA tlobn Pubtrc, Sffi o{Terrl nV Corim. erPitet S1 I B I 2016 My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2074 Bill of Sale 4of7 KENT WaSHtNGToH ENGIN E E R'S CE RTIFICATION CITY OF KENT KII\IG COUFITY/ WASF|II{GTON The figures used on the Bill of Sale for the 7-Eleven #1029574 (Store #35675) project dated 9/22/74, for the same said 7-Eleven Store #35675 project at 24012 104th Avenue SE, Kent, WA 980361. Pedro DeGuzman, PE, the undersigned P,E, or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Terraforma Design Group, Inc., the firm responsible for the preparation of the record drawings. lo,7 t.Y Signature ( E ng i neer sta m p req u i red ) Bill of Sale 4of7 a ADE /oruu Frhfrlf t - focrtlon of Ar-FstrJtl fro Or Collyufed vvtvv vvYVvvv v vYvv?.vv?Y Fronte6c Bill of Sale 6of7 fl[ilil[ GI I 1: q&'t I I I I I I I .i :: i .;". I' {, t: I IE E H il H EI Exhibit B Property Description I"ot l, ROBERTS'WILLIAI\{S ADDITION,"tccording to the plat thormf rworded July?' 1954 in volurne 53 of plsb, page 30, in tiing counfr, wast ington. EHCEFT the Easr gf feer thcreof. AHD EXCEFT that portion theresf conveyed tp King county for tftq right of wey forI(}4rh Avenuc Sautheast and $"-th;il iloT-il#;;"a*g doded undel King counryR*oordingNurnbersffgdls3l" '' --- -"HU' Bill of Sale 7 of 7 LIMITED, REVOCABLE DELEGATION OF AUTHORITY PURSUANT TO THE AUTHORIZING RESOLUTIONS OF 7-ELEVEN, INC. WHEREAS, through the Authorizing Resolutions of 7-Eleven, lnc. ("7-Eleven" or the "Company"), 7-Eleven's Board of Directors has granted otficers of 7-Eleven the authority to bind the Company in the general conduct of the Company's business and in certain specific transactions; and WHEREAS, Rankin L. Gasaway has been appointed by 7-Eleven's Board of Directors as an officer of 7-Eleven with the title of Senior Vice President, General CounSel and Secretary; and WHEREAS, the authority of senior vice presidents under the Authorizing Resolutions is effective with regard to the general conduct of the Company's business, subject to a limit of $5 million; and WHEREAS, Article ll, Section A(1Xp) of the Authorizing Resolutions permits any officer of 7-Eleven to delegate to any employee any authority granted under the Authorizing Resolutions; and WHEREAS, it is in 7-Eleven's best interest for J. Donald Stevenson, Jr., Managing Counsel, Real Estate, to possess certain authority to perform certain duties on the Company's behalf that exceed the authority that Mr. Stevenson presently possesses, and Mr. Stevenson's departmental functions report, at the senior executive level, to Mr. Gasaway; and WHEREAS, Mr. Gasaway desires to delegate certain of his authority under the Authorizing Resolutions to Mr. Stevenson, pursuant to the terms of this delegation instrument; NOW, THEREFORE, the following grant of authority is made: ln the performance of his duties to the Company, Mr. Stevenson may bind 7-Eleven, but only in the following specific area and subject to following monetary limitation: Area Limit Any matter upon which a senior vice president is authorized to take action on behalf of the Company under the terms of the Company's Authorizing Resolutions. $250,000 This delegation of authority shall be effective immediately upon Mr. Gasaway's signature on this delegation instrument. This delegation of authority (i) may be amended or revoked in writing at any time, without prior notice and (ii) shall terminate immediately upon Mr. Stevenson's separation of employment for any reason. Mr. Stevenson's signature on this delegation instrument signifies (i) he has received and read a complete copy of 7-Eleven's Authorizing Resolutions; (ii) he understands, and agrees to adhere to, the limitations on his authority, both as to subject area and monetary amount; and (iii) he acknowledges that the grant of authority is subject to termination pursuant to the terms of this delegation instrument. Signed by Rankin L. Gasaway, Delegator, this 11 F day of {-9.e Rankin L. Gasaway,ator J, Donald Stevenson, Jr Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: August 15, 2017 SUBJECT: Consultant Contract with Harris & Associates for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize SUMMARY: This contract is for the LID 363: South 224th Street Improvements Project (84th Avenue South to 88th Avenue South). The project consists of the realignment of South 224th Street at 84th Avenue South, and includes a bridge over SR 167 and structural earth walls. Harris and Associates will provide bridge inspection services related to placement of concrete, asphalt, and steel reinforcement of the project’s bridge piers, bridge deck, and new asphalt roadway. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This is a budgeted item, including funding from Local Improvement District 363 and the Washington State Transportation Improvement Board. MOTION: Authorize the Mayor to sign a Bridge Inspection Services Agreement with Harris and Associates to provide services for the South 224th Street Improvements Project (84th Avenue South to 88th Avenue South) in an amount not to exceed $260,157.04, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Harris & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Harris & Associates, Inc. organized under the laws of the State of California, located and doing business at 207 1/2 1st Ave. S., Seattle, WA 98104, Phone: (206) 455-8862, Contact: Sam Yaghmaie (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 inspection services for the LID 363: S. 224th St. Improvements 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 Two Hundred Sixty Thousand, One Hundred Fifty Seven Dollars and four cents ($260,157.04), 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: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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. / / / / / / / / / / / / 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: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Sam Yaghmaie Harris & Associates, Inc. 207 1/2 1st Ave. S. Seattle, WA 98104 (206) 455-8862 (telephone) 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 Harris & Associates - 224th/Bryant 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: _________________________________________ 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. 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: _________________________________________ Hanis & Associates, S. 224th St. lmprovements Construction Management Services City of Kent Exhibit A SCOPE OF SERVICES Field lnspection Services for the S. 224th St. lm p rovem ents City of Kent Harris & Associates (H&A)proposes to provide to the City of Kent, Washington ("City")as needed inspection servicesfortheS 224thSt, lmprovemenis(hereinaftercalled"Project"). Theprojectconsistsof realignment of S.224lh St. at 84th Ave. S. (East Valley Highway) for 650'west of and 2,180' east of 84th Ave. S. The project also includes constructing a 430'long, three span bridge over SR 167,20,000 square feet of structural earth walls, installing approximately 2,450 tons of hot mix asphalt,6,150 tons of crushed surfacing, 16,000 cubic yards of gravelborrow, 1,000 square yards of cementconcrete sidewalk,800 lineal feet of cement concrete curb and gutter, traffic signal modifications, temporarily realigning SR 167, permanently rechannelizing SR 167, removing 600 feet of median barrier, re-constructing 600 feet of concrete barrier and other work, This contract includes one task (TASK 1)to provide inspection/WSDOT liaison services by one staff during I months of bridge construction period, I, INTRODUCTION The following scope of services is based upon the assumptions outlined in EXHIBIT D . Services will be perform ed in accordance with the Contract Plans, Kent Special Provisions, and W SDOT Standard Specifications. o The man-hours proposed by the Consultant are an estimate only and are subject to change based on the actual construction schedule, the City demands, and working hours of the Contractor, o Design by Others: lt is understood and agreed that the Consultant did not prepare the Contract Documents for the project, and the City will provide the Consultant the support of the Engineer-of- Record during the course of the Consultant's work. I. DETAILED SCOPE OF WORK Subtask 1 - Project ManagemenUQuality Control The Consultant shall provide overall project management and contract administration associated with the service agreement between the Consultant and the City. This effort will include the following elements: 1.1 Prepare of Consultant invoicing. 1.2 Perform internal administration of the Consultant's Task Order. 1.3 Prepare any supplements to the Consultant's Task Order. Su btask 3 - Field lnspection The Consultant shallprovide construction inspection services during the bridge construction, this effort will include the following elements: 3.1 Prepare daily construction reports recording the contractor's operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment and staff present, weather conditions, and any observed problems or construction issues. 3.2 Prepare Daily Payment Notes, and Force Account Records (if necessary). Page 1 of3updateo:7 t24t2017 Hanis & Associates, S. 224th St. lmprovements Conshuction Management Services City of Kent 3.3 Respond to contractor questions which may arise as to the quality and acceptability of furnished materials or work performed. 3.4 Respond to general questions raised by adjacent property owners or general public. Complaints or detailed questions shall be referred to the City. Prepare field records and documents in accordance with Projects Record of Materials. Coordinate with City for changes and updates to the ROM. 3.8 For each day the Consultant is on site, provide photographs of traffic control set-up and work activities during the course of construction. Photographs will be in digital format and cataloged by date. Monitor the Contractor's compliance with water quality permits and the requirements of the TESC and SPCC Plans. Attend weekly construction m eetings. Review monthly pay estimates with the Contractor and provide recommendations to the Resident Engineer/City. Review the Contractor's construction record drawings on a weekly basis. Upon project completion, verify that the contractor provided markups accurately and forward to the City. The Consultant willtrack and record field changes on drawings and use this information to verify the Contractor's construction record drawings. Participate in the Project's final inspection and assist in developing a list of any remaining d eficie n cies. For the days present on site, the construction inspector shall observe day-to-day construction activities, By providing inspection oversight, the Consultant shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and City any known public safety concerns immediately. The Consultant willendeavor to protect Harris staff against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods, measurements, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the C on structio n Contractor an d an y su bcontractors. ?o 3.1 3 3.1 4 lll. Gonsultant Deliverables 3.5 3.6 3.7 03 3 3.12 i. ii. iii iv lnspector Daily Reports Construction Photographs - 1 set in electronic form at M aterial Testing log field note record and quantity documentation Punch-lists and tracking docum entation lV. Responsibilities of the City ll Provide CM oversight and approvalauthority for all construction activities. Manage the Designer-on-Record and m aterials testing subm ittal review. Process allcontract documents through the City's approval process (e.9. CM services invoices, construction contract, monthly pay estimates, change order execution, cost reduction proposals, tim e extensions, etc.), Provide preferred forms and formats, and filing structure to the Consultant, Conduct schedule evaluation, monitoring, and evaluate Time lmpact Analysis for changes. Page 2 of 3upoateo: 7t24t2017 iv Hanis & Associatos, S. 224u'St. lmprovements Consfuction Management Services City of Kent VI V¡i. viii tx, Provide and assist the Consultant in inter-city department coordination as well as third-party utilities under project specific or franchise agreem ents, Coordinate and schedule any public meetings required before, during and after construction Provide operat¡ons & maintenance interface with other City Staff for ongoing project issues, Provide CM tools for Team use including: Project R0M, lDR, Project File lndex, Change 0rder, Force Account tracking and Pay Estim ate form s, Provide office space and furniture, pay for utilities including Wi-Fi at/near the project site location. X Page 3 of 3upoatod:7 t24t2017 Harris & Associates Budget Est¡matê As Needed lnspect¡on Services for The City of Kent Prcject S. 224th Street lmprcvements, Project # 99-3003 Client: City of Kent Dafe: July 25,2017 Diæct Salary Cost = $ Overhead Cost (example: 1 .81 09%) = $ F¡xed Fee (example: 3o%) = $ Sr5Ía¡¿i = S Totel Consultant Salarv Cost = $ 82,213.20 148,879.88 (%ofDLC/DSC) 24,663.96 (%ofDLC/DSC) 255.757 -O4 Exoenses lExamoleì Re¡mburable Expenses Veh¡cle fuel,40 m¡lesltrip/vehicle @ 198 days $ 4,400.00 s'råtafâi = Subtotal =4,400.00 subtotal = $ 4,400.00 e $ Sutrlôfâl Frôenses $4.400.00 Total Subconsultant Salary and Expenses $ 260,157.04 D irect Salary Cost 3 3.213.20 $ 3 2't3.20 $ 70.000.00s 76 aoo oo $ $ 2.200.00 $ 82.213.20 Total Task Hou rs 0 0 164/ 1 600 0 o 40 't6444 ü 0 Albert Matta Scheduler $ s5.00 40 40 $ 2.200.00 0 $ Jeff Mccarthy, F¡eld Eng¡neer $48.00 1 600 '1600 $ 76.800.00 Sam yaghmaie, Prcject Manager $ 40 40 $ 3.213.20 rit¡e: \l¿me: Hdv Rale: Consultant D¡rect Salary Costs fask/Subtask List íWBSI Task 1 . PtþÍêclManaaement Pro¡ect Manaoemenl Tæk 2 -Field lnsæctian ield lnspector Scheduler Spedal¡st (l¡m¡ted penod¡c revjew of Contractods scheduleì Total Hou6 = Direct Salaru Cost = [¡aximum Allowable Consultant Fee $ 260,157.04 Assumtions: 1 .ThÌs cost proposal ¡ncludes one full time Hanis staff at 8 hr./day for 9 months to assist the C¡ty of Kent Cl\¡ team. 2. Hanis stãff serv¡ces w¡llstart ¡n October 2017, and æmplete after 9 months. 3. No overime ¡s included ¡n th¡s cost est¡mate. 4. The C¡ty of Kent, through the contraclor, will provide a sÌte office tra¡ler, inc¡uding utilit¡es and WiF¡, to be used by Haris and the C¡ty staffduring construction. C:\Users\syaghma¡e.MAlN\Dropbox (Haris & Assocìates)Ðesktop\Kent final\June 1 7\Exhibit D, H&A Cost Proposal, C¡ty of Kent, June 1 7.xls 1of 1 S am Yaghm aie,rE, LEED Ap Project Manager Sam has more than 29 years of diverse experience providing project management, construction management, design peer review, project LEED@ certification, and materials engineering. Many of his projects included geotechnical consulting of deep and massive concrete for¡ndations and in-water work in fransportation, tunnels, dams, ports, and high-rise buildings in Westem WA. sam has managed teams of engineers, geologists, environmentalists, scientists, construction managers, and field QA/QC staff on many public and private projects. while managing these projects, he was responsible for staffing, conftact and scope negotiation, budget maintenance and reporting, scope management, and quality control supervision. RELEVANT EXPERIENCE City of Kent, South 228th Street Grade Separation at BNSF Rlarilwa,y, Kent, WA.Project Principal. This $ 10.7M federally funded project provided a four lane wide, three span railroad overcrossing. The bridge consisted of 68 foot wide and 128 feet long pre- cast concrete girder spÍurs supported on drilled shaffs and CIP cross bearns. As the second largest water users on the west coast, Kent businesses were exfuemely sensitive to any water intemrptions. The project successfully installed 750 feet of water main, re-lined 800 feet of existing saniøry sewer and 1,400 feet of storm drainage. Highlights of this project included stabilizing the existing poor soils condition by installing 200 stone columns. Sound Transit D-M Street Sounder Community Rlaiiù., Tacoma, WA.plan Reviewer, QA/QC. This $67.5M federally funded project included construction of three bridges over existing streets near downtown Tacoma. These bridges were S0-foot, 70-foot, and 1lO-foot of concrete and steel spans. The steel bridge was designed with through- plate-girder (TPG) steel beams. City of Shoreline, Aurora Avenue North Corridor rmprovements, Phase I, S hor e lin e, WA. Proj ect Principal. This $25M federally funded two-phased corridor redevelopment project included construction of fwo pedeshian and bicycle bridges connecting the Interurban Trail across Aurora Avenue North. The pedestrian bridges were 200-foot long with pre- cast girder spans and cast- in-place slab, supported on drilled piers and cast in place concrete columns. Cify of Tukwila, Tularila fnternational BIvd Phase 2 &,3lmprovements, Tu kwila, WA. P r oj ect Principal. This $12.7M federally funded project included 5,005 linear feet of street improvements within the right-of-way of rukwila Intemational Boulevard from South 116th Street to South 139th Street. Construction included curbs, gutters, sidewalfts, driveways and approximately 4,000 feet of retaining walls with soldier piles, hot mix asphalt paving, overlay and pavement repair. EDUCATION BS, Civil Engineering REGISTRATION Professional Civil Engineer, WA US Green Building Council, LEED Accredited Professional CERTIFICATIONS WABO certifi ed, Reinforced Concrete, Shotcerete, Sfuctural Steel, Sprayed-applied Fireproofing, and pre-shessed concrete, structural welding AFT'ILIATIONS Chair, American Public Works Association (APIüA) 2007 - 2014 Chair, National Sustainable Transportation Subcommittee 2012 - 2014 Past President, Construction Management Association of America (CMAA) 2007 - 2009 Harris & Associates, lnc. & Sam Yaghmaie [: 1 SamYaghmaie,PE, l,f IiDAP Installation involved storm drainage structures, pipes, utility vaults and conduits, bedding, m backfill and restoration. Overhead tel ecommunications facilities were moved underground including trenching. City of Marysville, State Ave Improvements, Phase 3, Mørysvílle, WA. Project Principal. This $l4M federally funded project reconstructed and widened State Avenue/Smokey Point Boulevard between 136th and 152nd Street NE. Construction activities included temporary erosion and sediment confrol, dewatering, traffic confrol, utility coordination and relocation. Installation of major utilities included 7,000 linear feet of PVC gravity sanitary sev/er (30-36 inches in diameter) about 14 feet deep with all new service laterals and laterals for fl¡ture expansion. Over 5,500 feet of new ductile iron water-main with all new fire hydrants and monitoring stations were installed. Modifications were performed to tlree new separate enclosed storm water conveyance systems which total more than 17,000 feet of mainline or trunk sewer and numerous smaller tie-in laterals. City of Lynnwood, Olympic VÍew Drive Road fmprovement, Phase l& 2, Lynnwood, WA. Project Principal. This $7.9M federally ñrnded project reconstructed and widened Oly4pic View Drive from 76th Avenue West to 168th Street SW. Work included new asphalt pavement, concrete curbs and gutters, concrete sidewalks, gravity block and modular block retaining walls, drainage improvements, water mains, sanitary sewer mains and laterals and landscape improvements. Harris & Associates, lnc. r. Sam Yaghmaie h. 2 Jeff McCarthy Lead Inspector Jeff McCarthy has 31 years of experience in inspection, construction management, and document control, with a focus on documentation of state- and federally- funded transportation projects in urban and rural environments. He has successfirlly completed many federally-funded projects with no-audit findings to confirm fr¡nd reimbursement. As a King County DOT and WSDOT employee, Jeffhas worked as a surveyor, material tester, field QA/QC inspector, consûr¡ction manager, and offrce engineer on over 85 transportation projects including22bndges during the last 30 years. He has inspecúed and managed bridges to comply with wsDor standards and construction manual, and has coordinated these constructions with wsDor liaisons, resulting in proven successful completion of bridges that were within WSDOT and BNSF jurisdictions. Jeffis highly skilled in project control tools, and has prepared and analyzed pay estimates, conhactor's paym.ents, and change order validation and processing. His attention to detail and proven communication skills have been appreciated by local agencies and King County on past projects. He has hands-on construction management and inspection experience of many types of bridge structures, inclu¡ling drilled shafts up to five feet in diameter and 90 feet in depth; site preJoading; Geofoam approach fïlls; earth retaining walls; pre- cast and pre-stressed girders, be?ms, and slabs up to 120 feet in span; environmental mitigations for bridges over creeks and rivers; safety and trafñc control on major roads transportation corridors; soils st¿bilization to include stone columns; and coordinating construction and documentation activities with WSDOT and FIIWA. With a background as CaptainÆMT for Fire/Rescue and WA State Departrnent of Fish & wildlife, Jeff has excelled his knowledge and abitity to promote safety on his construction sites. He has trained fire and police staff, and has led teams of construction management staff to comply with safety rules. He has an in-depth knowledge of safety when it comes to transportation projects and applies his valuable safety practice on all his projects. Jeffhas served in a variety of capacities including bridge inspector, hansportation construction manager surveyor, scheduler, office engineer, docrnent controller, document administrator, public ouûeach coordinator, safety oversight representative, and change order/claims reviewer on many hansportation projects. RELEVANT E)(PERIENCE I\E Novelty HilI Bridges, Kíng coanty, wA. This $18 million road construction included two pre-cast and pre-stressed bridges with 70-foot spans supported on four-foot diameter drilled shafts. The project had miles of sEW walls, gravity block walls, and pre-cast box culverts. Two roundabouts were constructed within the proj ect boundaries. Mt Si Bridge, Kíng County, WA.T-bis state- and federally-funded, $12 million project included construction of a new bridge with 240-foot span supported on seven and nine feet drilled shafts, which were built in compliance with wSDoT EI'UCATION Associate in Technical Arts, Civil Engineering Technology, Centralia College CERTIFICATIONS Ce¡tified Erosion and Sediment Control Lead (cESCL) TRATNING Hazardous Waste Operations and Emergency Response (HAZÌüOPER) Spill Control, Soils Testing, Inspection, and Engineering Mathematics (wsDoÐ Project Management Professional @MI) Fire Training Academy (Waqhington State Paûol, Fire Protection Bureau) FEMA Emergency Management Institute National Fire Academy Harris & Associates, Inc. .lcf-l'li4cCarrh_v 1 Jeff McCarthy and FIIWA standards, and required extensive coordination u¡ith WSDOT liaisons, surrounding businesses, schools, and residents. NE 124th Street Bridge, King County,I7,ll. This $9 million pre-cast and pre-stressed I 22-foot-span concrete girder bridge was supported on four-foot oscillated drilled shaffs within WSDOT jurisdiction and included pre-loading ofthe approaches' 16-foot high SEW retaining walls, in addition to new traffic signals and boxed culverts. Jeffled and coordinated this project with WSDOT representatives. 140th Avenue Sß, Kíng Coungt, Í7A. T}lris $9 million project included soils stabilization using stone columns, miles of MSE walls, SEII walls, and slider piles, supported on preJoaded embankments, and included multiple haffic signals. Avondale Road NE Bridge, Phase lrKìng Counfit, WA. This $6 million project included 67-footpre- cast pre-stressed concrete girder bridge with pre- loaded approach rÍunps, deep foundations, piling systen¡ and new traffrc signals. NE West Snoqualmie Valley Road Bridge Reconstruction, King Counqt, WA.This state- and federally-funded project constructed a ne\¡/ bridge with pre-cast concrete slabs supported on deep piling system. Safer \üildlife and Community Mobilify Novelty Hill Road Bridge, King County, llA. Thts I 20- foot pre-cast and pre-shessed concrete bridge was constructed in compliance with FI{WA and WSDOT standa¡ds and specifications, requiring extensive documentafion. 15 MiIe CreekBridge, Kíng County,lltA.This 60- foot pre-cast concrete slab bridge required detouring of the road. GRS footings \¡/ere utilized to support the beam structures. Alvord T Bridge, King Counfit, WA,T"ltis project included demolition of a 130-foot-span bridge and associated timber approaches, requiring full attention to traffrc and safety controls as well as a comprehensive community outreach. Patterson Creek Bridge, King County, llA. Thisnew 65-foot-span concrete pre-cast slab bridge was supported on deep foundations and utilized Geofoam to construct both approaches. Jeff coordinated construction \áith WSDOT liaisons, which resulted in successful completion of the bridge. Sylvester Road Bridge, King Count¡t, WA.The 220- footpre-cast segmental bridge was supported on five-foot-diameter drilled shaffs and was funded by FIIWA requiring extensive documentations. Newakum Creek Bridge, Kíng County, WA.The project consisted of35-foot pre-cast concrete slab bridge that was supported on steel H pile system. Stossel Bridge Painting, Kíng Coungt, WA,Ttns 18O-foot span bridge was abated in it's entirely and was painted for a long-term life. Extensive environmental compliance was needed for a successful operation and ensuring a safe working environment. May Creek Bridge, King County, WA,The project consisted of a 3O-foot pre-cast concrete slab bridge that was supported on steel H pile system, and was f,mded by FIIWA, which required extensive document¿tion to ensure reimbursement of funds. Jeff coordinated construction with WSDOT liaisons. Cottage Lake Creek Bridge, Kíng County, WA. The project consisted of a 38-foot pre-cast concrete slab bridge that was supported on steel H pile system, and was funded by FI{WA, which required extensive documentation to ensure reimbursement of funds. Sunday Creek Bridge, Kíng County, WA.T\e80- foot steel truss bridge was supported on steel H pile system, and was ñ¡nded by FIIWA, which required extensive documentation to ensure reimbursement of funds. Harris Creek Bridge, Kíng County,I/1. This 80- foot pre-cast pre-stressed concrete girder bridge was supported on four-foot and 85 feet depth drilled shafts, and was funded by FIIWA, which required extensive document¿tion to ensure reimbursement of funds. BNSF RR Crossing Bridge, King Coanty, WA. This three-span 120-foot pre-cast girder bridge was supported on deep foundations. It required stringent BNSF safefy, design, and construction requirements, and extensive documentation to meet FIIWA mandates. Eastlake Sammamish Parkrra¡ Issaquøh, WA. Jeffmanaged this high demanding traffic control and safety project in coordination with the City of Issaquah and WSDOT. Jeff coordinated construction with WSDOT liaisons. .leff lr4c(ìarth1, 2Harris & Associates, Inc. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 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 Consultant 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. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: August 15, 2017 SUBJECT: Consultant Contract with Mays Testing for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize SUMMARY: This contract is for Local Improvement District 363: South 224th Street Improvements Project (84th Avenue South to 88th Avenue South). This project consists of the realignment of South 224th Street at 84th Avenue South, and includes a bridge over SR 167 and structural earth walls. Mayes Testing will provide materials testing for concrete, asphalt, and steel reinforcement related to the project’s bridge piers, bridge deck, and new asphalt roadway. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: This is a budgeted item, including funding from Local Improvement District 363 and the Washington State Transportation Improvement Board. MOTION: Authorize the Mayor to sign a Materials Testing Contract with Mayes Testing Engineers, Inc, to provide services for the South 224th Street Improvements Project (84th Avenue South to 88th Avenue South) in an amount not to exceed $69,296.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Mayes Testing Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mayes Testing Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 20225 Cedar Valley Road, Suite 110, Lynnwood, WA 98036, Phone: (425) 742-9360, Contact: Tim Beckerle (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 construction materials testing and special inspection services for the S. 224th St. Improvements 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 Nine Thousand, Two Hundred Ninety Six Dollars ($69,296.00), 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: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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. / / / / / / / / / / / / 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: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Tim Beckerle Mayes Testing Engineers, Inc. 20225 Cedar Valley Road, Suite 110 Lynnwood, WA 98036 (425) 742-9360 (telephone) (425) 745-1737 (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 Mayes - 224th/Bryant 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: _________________________________________ 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. 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: _________________________________________ MAYES TESflNG ENGINEERS, /NC. ¡'lferracon coMpANy June 30,2017 Paul Kuehne of Kent Fourth Avenue South, Kent, 98032 Mr. City 220 WA Re: Ssa6affie ZÛ22sCrrbVdÞyRd tuie110 Lynñ^æd,WA98æ6 d1425.742s€o fa<4%.745.1737 Tæmffiæ 10@STærnV\gr SuþE-2 TærSWAS4æ rf.xi3.w37n tu253.W.3707 MadOfræ 7911NE33rdDr\e Suþ190 Pcrbd,OR972l1 ph5æ.281.7515 tuffi.n1.75ß QA Testing Services City of Kent South 224th Street lmprovements Kent, WA Mayes Testing Engineers Proposal No. 171687 Dear Mr. Kuehne, Mayes Testing Engineers appreciates the opportunity to submit this proposal to provide construction materials testing and special inspection services for the City of Kent South 224th Street lmprovements project. We have an excellent track record of successful projects which means you will have fewer demands on your time, reduced risk, and the likelihood of completing on or under budget. The attached estimate is based on review of the plans dated 113117 and addendums 1-4. No construction schedule is available at this time. Once additional information becomes available it would benefit The City of Kent to provide us the opportunity to review and revise this estimate based on the updated information. The inspection and testing scope of work includes: . Soil Density Testing¡ Concrete Testing. Welding lnspectiono Hot-Mix Asphalt Testing We understand that our scope of services includes QA testing only. We assume that all QA lnspection and documentation will be performed by others. As an integral part of the project team, we work with our clients to provide realistic testing and inspection budgets. Our clients will only be invoiced for actual work performed. A four-hour minimum charge applies to all inspections and time will be charged portal-to-portalfrom our Tacoma office. A premium rate of 1.5 times the regular rate will be charged for all work outside of normal working hours or in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days from date on invoice. This proposal is valid for 90 days from the date of this letter. Final costs may vary up or down depending on the contractor's scheduling of the work. All services will be billed in accordance with the attached fee schedule. EXHIBIT A Page2 of 2 Mr. Kuehne June 30, 2017 Mayes Testing Engineers Proposal No.: 171687 lf you have any questions or if we may be of further assistance, please do not hesitate to call. lf you find this proposal acceptable, please sign and return one copy to our office. We look fonryard to your favorable response. Respectfully Submitted, MAYES TESTING ENGINEERS, INC ^4 *) Timothy G. Beckerle, P.E Principal Attachments Cost Estimate Fee Schedule "N1" and General Conditions Accepted Printed Name: D afa' MAYES TESTING ENGINEERS, 'NC. MAYES TESTING ENGINEERS, INC. N1 FEE SCHEDULE AND GENERAL CONDITIONS lnspection Services Concrete lnspection (inctudes Reinforcing Steel, Concrete Placement, Shotcrete, Aug e rcast G rout, G rout, Batch pl a nt) Post Tension Concrete lnspection (includes placement and stressing) Proprietary Anchor lnspection (includes Epoxy Grouted and Expansion Anchors) Masonry lnspection (includes cmu and brick veneer) Lateral Framing lnspection (includes wood and light gauge) Seismic Resistance System lnspection Fiber-Reinforced Polymer lnspection Fireproofing I ntumescent Paint I nspection Soils Technician (includes nuclear densometer) Asphalt Technician (includes nuclear densometer) Asphalt or Concrete Coring Technician Laboratory Technician Lead lnspector Structural SteelA¡Velding lnspection (includes bolting) N on-Destructive Testin Penetra Particle Ultrasonic oncrete ng Air Dry Unit Weight Test Concrete Absorption, Unit Weight and Moisture Content Test Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (rncludes curing, breaking & repoft) Concrete Compressive High Strength Cylinder Test (over 10'000 psi) Concrete Core Compressive Strength Test (includes trimming and testing) Concrete Flexural Strength Beam Test Concrete Shrinkage Test (ASIM U 57 - set of 3) Length of Concrete Core Test (ASTM C174) Mix Design '1 Point Verification & 3 Point Water Cement Curve Modulus of Elasticity Test Shotcrete PanelTest (includes 4 cores) Voids and Density of Hardened Concrete Test (ASTM C642) Masonry Testing Brick Absorption Test (24 hour soak) Brick Absorption Test (5 hour boil) Brick or Masonry Efflorescence Test (set of 5) Brick or Concrete Paver Compression Test Masonry Absorption, Unit Wt. And Moisture Content Test Masonry Unit Compression Test Masonry Drying Shrinkage Test (sef of 3) Masonry Grout or Mortar Compressive Stength Test Masonry Prism Test (grouted or ungrouted) Retaining Wall Unit Absorption Test Retaining Wall Unit Compression Test Asphalt Testing Asphalt Marshall Mix Design Test (5 points) Asphalt Core Density Test Asphalt lgnition & Gradation Test Asphalt lgnition Oven Correction Asphalt Marshall Set Test (flow, stability, voids) Asphalt Oil Content Test Asphalt Rice Density Test Asphalt Stripping Test Asphalt Superpave Set Test (VMA, VFA and VA) 73.00 73.00 73.00 73.00 73.00 73.00 73.00 73.00 80.00 83,00 83.00 83.00 83.00 78.00 80.00 85.00 /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour 40.00 each 45.00 each 22.00 each 30.00 each 66.00 each 50.00 each 300.00 each 30.00 each quoted on request 100.00 each 140.00 each 75.00 each 45.00 70.00 85.00 45.00 45.00 55.00 300,00 22.00 1 10.00 45.00 1 10.00 each each each each each each each each each each each 3500,00 each 35.00 each 250.00 each 450.00 each 440.00 each 80.00 each 100.00 each 30.00 each 550.00 each Services Laboratory Servrces Soils and Aggregate Testing Atterberg Limits Tests Liquid Limit Only Test Plastic Limit Only Test California Bearing Ratio Test (CBR - with proctor) Clay Lumps and Friable Particles Test Degradation Test Flat and Elongated Particles Test Fractured Face Count Test LA Abrasion Test Lightweight Pieces in Aggregate Test (coal and lignite) Organic lmpurities Test Organic Matter Analysis (/oss on ignition by weight) R-Value Test Sand Equivalent Test Sieve Analysis Test (dry only) Sieve Analysis Test (includes parficles finer than #200) Sodium Sulfate Soundness Test Soil Hydrometer Analysis Soil Moisture Content Tesl (natural) Soil Moisture Density Relationship Tesl (proctor) Soil Relative Density Test Soil Specific Gravity Test Specific Gravities Coarse Aggregate Test Specific Gravities Fine Aggregate Test Unit Weight Test Miscellaneous Testing Fiber-Reinforced Polymer Tensile Test (seÚ of 5) Fireproofing Density Test Machining Tensile Test Macroetch Íest (evaluation only or sample preparation) Moisture Emission Test Kits Reduced Section Tensile Coupons Test Reinforcing Steel #10 - #18 Tensile Test Reinforcing Steel #3 - #9 Tensile Test Splitting Tensile Test Stressing Strand Tensile Iesl (breaking strength only) Tensile Test on Coupon Assembly (with slippage #3 - #9) Tensile Test on Coupon Assembly (with slippage #10 - #18) Universal Test Machine & OPerator Weld Fracture Test 120.00 each 75.00 each 55.00 each 550.00 each 90.00 each 135.00 each 90.00 each 75.00 each 150.00 each 80.00 each 45.00 each 60.00 each 325.00 each 60.00 each 130.00 each 200.00 each 250.00 each 225.00 each 30.00 each 200.00 each 225.00 each 85.00 each 55.00 each 85.00 each 45.00 each 750.00 each 80.00 each cost + 15% 50.00 each 30.00 each 45.00 each 85.00 each 60.00 each 80.00 each 60.00 each 80.00 each 105.00 each 125.00 /hour 80.00 each Services NDE Leve nsultation Principal Engineer Staff Engineer (includes Pachometer Testing, Floor Flatness lesfing lmpact Echo Testing, Load Testing & Moisture Emisslons Testing) Engineering Technician 150.00 /hour 150.00 /hour 125.00 /hour 105.00 /hour 95.00 /hour 0.65 /mile FederalGSA Rate essf + 15% cost + 15% Man er ileage our Subsistence (lower 48 states) Reimbursable Expenses (commercial travel, rentals, con sumables, etc') Subconsultants *A four hour minimum charge appl¡es to all inspections. Overtime rate of 1.5 times the regular rate applies to all work performed outside of normal working hours, weekends and holidays. Other Item City of Kent S. 244th Street lmprovements Testing and lnspection Services Mayes Testing Engineers, lnc. Cost Estimate No. 171687 Estimated No of Units Unit Price Extended Total Asphalt Technician 120 Hours 83.00 /hr Density Testing: Estimate 12 inspections at I hours per inspectionSampling: Estimate 12 inspections at 2 hours per inspection lnspection Services Soils Technician Density Testing: Estimate Reinforced Concrete I nspection Drilled Shafts. Estimate 11 Columns: Estimate 5 Piers/beams: Estimate 4 Girder Stops: Estimate 4 DiaphragmsA/úalls: Estimate 8 Ped Barriers: Estimate 6 Decks: Estimate 4 Moment slabs Estimate 6 Approach Slabs: Estimate 2 Misc: Estimate 6 100 Hours 83.00 /hr 25 inspections at 4 hours per inspection Each Each Each Each Each Each Each 22.0O ea 100.00 ea 250.00 ea 200.00 ea 200.00 ea 60.00 ea 75.00 ea 8,300.00 9,960.00 13,200.00 1,200.00 3,000.00 1,600.00 3,000.00 480.00 300.00 inspections at I inspections at 6 inspections at 6 inspections at 4 inspections at 6 inspections at 4 inspections at I inspections at 4 inspections at 6 inspections at 4 322 Hours hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection hours per inspection 73.00 ihr 23,506.00 50 Hours 95.00 /hr 4,750.00 Project Managemenl (lncludes meetings, slfe vrs/s, reporl review, mix design review, and misc. consultation) Laboratory Services Concrete Compressive Strength Cylinder Test Asphalt Rice Density Test Asphalt lgnition/Gradation Test Soil Moisture Density Relationship Test (Proctor) Sieve Analysis Test (includes particles finer than #200) Sand Equivalent Fracture Face Count Miscellaneous Services Cylinder Pick-up Mileage Administrative Services (Types repofts, mai[ postage, etc.) No Charge No Charge No Charge Total Estimated Costs: $69,296.00 600 12 12 I 15 I 4 A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged for all work outside of normalworking hours in excess of I hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. This estimate is valid for g0 days. MAYES TESTING ENG/NEERS, /NC. 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. 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: August 15, 2017 SUBJECT: Consultant Services Agreement with AECOM for Upper Mill Creek Dam Improvements – Authorize SUMMARY: The Upper Mill Creek Dam Improvements Project will decrease flood risk in the Kent Valley. When complete, the improvements will provide significant reduction of flood risk in the downtown business district, including Kent Station, James Street, Smith Street, and Central Avenue. Improvements to the dam’s diversion structure will also open Upper Mill Creek to re-habitation by salmon. Near the final phases of design, the U.S. Army Corps of Engineers permitting process established many conditions for the project. The conditions necessitated design changes to the project and added an entirely new condition of required stream channel mitigation work. This Agreement will complete the design modifications and stream channel mitigation design with a goal of construction in 2018. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: Funding for this contract amendment will come from already budgeted drainage utility funds and grants from the King County Flood Control District. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AECOM in an amount not to exceed $114,554.18, for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and AECOM Technical Services, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101-1616, Phone: (206) 438-2351, Contact: Jeff Walker (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 design and permitting services for the Upper Mill Creek Dam Improvements 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fourteen Thousand, Five Hundred Fifty Four Dollars and eighteen cents ($114,554.18), 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: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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. / / / / / / / / / / / / 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: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Jeff Walker AECOM Technical Services, Inc. 1111 3rd Ave., Suite 1600 Seattle, WA 98101-1616 (206) 438-2351 (telephone) (866) 495-1422 (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 AECOM - Upper Mill Creek Dam 2/Lincoln 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: _________________________________________ 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. 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: _________________________________________ Exhibit A PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK July 26,2017 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety, major roadway transportation, emergency vehicle access, the business community, and water quality. Under this scope, AECOM will assist the City with remaining design elements in order to receive the dam safety permit. PROJECT WORK ELEMENTS The following tasks are included in the scope of work: . Task 1 - Project Management. Task 2-Dam Design and OutletWorkso Task 3 - Diversion Design. Task4-Specifications. Task 5 - Electrical Design for Dam and Diversion. Task 6 - Construction Cost Estimates. Task 7 - JARPA Permit Support¡ Task I - Dam Safety Support Task I - Project Management Project activities will be coordinated and directed with the goals of completing all work within budget and schedule and to meet or exceed City objectives and expectations. Coordination and liaison with the City will be on biweekly to ensure that these objectives are met. No in-person coordination meetings are anticipated. Progress, schedule, and budget will be monitored weekly. lnvoices will be generated every four weeks. Monthly progress reports will be completed as cover letters for invoices. They will summarize work completed during the performance period and show used and available budgets. Potential out-of-scope items will be addressed after being reviewed for their viability and impact to the project. AECOM will conduct in-house quality control and technical reviews for all AECOM deliverables prior to submittal to the City for comment and review. ln-house review will be documented for all submittals. Work includes project management scope and budget through December 2017 Deliverables: a Monthly status reports/invoices. Exhibit A Task 2 - Dam Design and Outlet Works This task includes design of the dam improvements and outlet structures. Design work is based on new information from the City regarding existing utilities within 104th Avenue and permit- related comments from the Muckleshoot Tribe and the Washington Department of Fish and Wildlife. Work elements are summarized as follows: Task 2.1 - Revisions to the principalspillway outlet vault and culverts related to regulatory review comments. Changes to the outlet structure due to permit related comments included providing fish exclusion from the '10-year storm event. This resulted in the following work: A. Hydraulic Analysis:. Calculations to determine the water surface elevation for the 1O-year storm at the location of the stilling basin on the west side of 104th Avenue.. Calculations to size and design tideflex check valves for low flow discharges from the stilling basin and modify the stilling basin height. Task2.2 - Revisions to the configuration of principal spillway outlet pipe to avoid known utilities and avoid excavation of existing dam footing. Revisions to the configuration of emergency spillway structure to add stairs for access. A. Structural design associated with making vault deeper to accommodate stilling basin hydraulics. Revise structural design to include vehicle loading of the vactor truck. Update vehicle loading information. B. Construction plan revisions to principal spillway and emergency spillway. Task 2.3 - Revisions to the configuration of the principal spillway outlet culvert to avoid the existing 36-inch diameter water transmission main line beneath 104th Avenue. Work needed to complete the design revision includes: A. Hydraulic Analysis. Revising the Principal Spillway Culvert Flow Routing Calculations (note this is also needed for Task 3, but will be completed in Task 2). Revising the Stilling Basin Hydraulic calculations (note the top of the stilling basin may need to be raised in elevation to allow for adequate hydraulics; this needs to be refined). Revising air vent, gate, and trash rack calculations. Checking overflow conditions (west of 104th Avenue) when water flows out of the top of the stilling basin B. StructuralAnalysis. Stilling basin structure and grate revisions. Adding casing for sewer line C. Construction plans. Revise sheets 506, S07, S08, S09 & M03. New sheets 518 and 519 of reinforced sections for stilling basin f ask2.4 - Debris cage: structural design - Work to include: A. Structural calculations B. One drawing sheet Task 2.5 - lndependent Technical Review - overall review of design, drawings, and specifications by independent Senior Dam Engineer a a a Deliverables: a a a a Revised/final design calculations will be provided as attachments to the Final Dam Safety Report. 100% and lssued for Construction (lFC) Construction Plan drawings. 2 Exhibit A Task 3 - Diversion Design This task includes design of the diversion structure, fish ladder system, large box culverts and related wing walls that tie the box culverts to the diversion structure and diversion channel. Revisions to the design are needed to site the diversion structure (laid out and provided to the City in 2013) within City-owned property or within a City easement. Also, design changes are needed to address regulatory comments provided on November 29,2016. Changes in the design have caused some of the dam hydraulic calculations to require revision as well as calculations prepared for the Dam Safety report. o Task 3.1 - Revise diversion structure layout to fit within City property/easement. A. Layout - A brief alternatives analysis to determine the best configuration of the diversion structure. Deliverable to include sketches and brief summary submitted via email. B. Hydraulics - Revised hydraulic calculations are needed because the elevations and weir heights and lengths changed. Affected calculations include:. Diversion structure hydraulic design calculations. Dam Safety flow routing calculations. Dam Safety Report updates needed to reflect calculations C. Construction plans: a. Revisions to sheets S13, S14, S15, S16, S17 a Task 3.2 - Revise Diversion Structure to address regulatory comments related to fish screen height and the addition of adjustable weirs. A. Hydraulics - revised calculations included as part of Task 3.1 B. Structure Design of adjustable weirs C. Construction plans:. New details for adjustable weirs are needed - M07. The gate design needs to be modified to work with the adjustable weirs Deliverables: . Revised/final design calculations will be included in the final Dam Safety Report.. 100o/o and IFC Construction Plan drawings. Task 4 - Specifications Work associated with this task includes adding specification language regarding Task 4.'1 - Revising specification language regarding stainless steel adjustable weirs, and modifying gate size. Task 5 - Electrical Engineer¡ng Design Work associated with this task includes revisions to electrical drawings in response to new information and requests from the City. o Task 5.1 - Revise diversion structure layout to fit within City property/easement. The additional electrical work includes adjustment of conduit, stilling wells, and control panels. Task 5.2 - Change in gate size (due to variable weir required by agencies) and update actuators.. Task 5.3 - Quantities. The original estimate assumed the City would provide quantities. J Exhibit A . Task 5.4 - PS Vault changes affecting stilling well and conduits. Coordination with Kent on cutting existing Lift Pump Station slab for new conduits and adding to specifications. Task 6 - Gonstruction Cost Estimates Work associated with this task includes developing quantities (the original scope assumed that the City would provide construction quantities) and including the estimates for adjustable weirs, which were not anticipated. ln addition, the revision to the stilling basin and new grate on top of the stilling basin requires design quantities and a cost estimate. Task 7 - Support for JARPA Permitting Work for this task includes tributary analysis requested by the Muckleshoot Tribe and USACE. The goal of the analysis is to determine the length of "fish habitat" stream channel in each of two tributaries behind the Upper Mill Creek Dam. ¡ Task 7.'1 - Tributary analysis. The analysis includes review of data provided by the City and the available from King County. Deliverables include a memo describing results and methodology and three associated figures showing the tributaries, gradient, and reach breaks. Task I - Dam Safety Permit Support Revisions to the diversion structure and principal spillway require including updates to the dam safety report and additional coordination with the Ecology Dam Safety Office. EST¡MATED SCHEDULE The work under this scope is scheduled to be completed by the end of December 2017. New rates will apply for 2018. 4 -.t N) @ N)o \¡ Jim Fillís (Principat in Charge) Jeff Walker (PM) 3arla Talich (Project Engineer) Rod DenHerder (Project Engineer) Senior Dam Engineer (lTR) Todd Parkington (Geotechnical En John Lostra (Quantities) Kerry Fearrington (Structural) Dave Staley (Electricat OA/OC) fom Merritt (Electrical Engineer) Efren Escarez (Electrical CAD) Paul Hamidi (Wetlands) Ulichael lnman (GtS) fy Bardwell (Senior Construction I Shoaib Akram (Construction Mana !ADD/GlS/Graphics Administration Íotal Hours Total Cost -lÐ(tt- 7!¡{ ¿o a Ðt¡ o $83.r0 $46.0r $61.6r $s9.28 $88.00 $64.44 $67.50 $56.r4 $87.71 $s8.87 $46.25 $39.38 $37.50 $86.20 $61.91 $40.00 $28.00 --I !-.¡ =tr Ë (D l.to(rì 1.,q,(ì Nbor N bo(,r l\'6or No(,r leqtgr N èÞ(,ì l\, e l\'o(t ].,qt(' À¡ ôo(rì Nb Or l\¡ @(t leq,(,r l\'o(t l\¡bat nt¡ ô (,$236.84 À('r$r31.13 $175.59 $r68.95 $250.80 $183.66 $r s2.38 $160.00 $236.82 $167.78 $13r.82 $112.24 $r06.88 $245.67 $176.45 $r 14.00 l\)(,$79.80 c,Nooo o-t f¡, anx N vos. 9..of at, o 5o ! o. E o) Øg ão) oc=o oc !)ão.oc of(n q" o, oo ¡ oa ı o Éoo 3 3o =Ø { \¡ r o. ot9 c! J 0) ar. CN @ N! C¡)(¡ @ -(¡(o o) 9)(,{ c --.¡ =q)'ã,E oN)¡:Ñ Ireãô<o, ı' ño-o ıo oı -cgÐø=' 5'f (oo ßüJ5'+C) AE ,ãs ¿t o.<6e oo-ı Hão,ıi o) o. o.x5o€f ls oof cn c C) ı'f ll otf ı ut ı'l(n :' CN co et o @N NC) o NN (oo >or +<<o)oo(,-. ã' ã-f **N ô 5:-cow9o I fX-<o 6'ã (t, =.< =dE ,dE+ rf.O * ðs =': a - =-='o fD ,+J <. I h sEgYOo Pıqdd=o-lo E ıE dEã ı";E -ø-a^6 o =ı á-:OJÉa$ò :=< d:o jrc 9ËOof-qã :t; ööà:' N)À Ào À(o N(,N p oo5(n co ı'f - o. Âtc ı :t f¡t (tr. v, P U' c,c st : t¡) 9.-a p_ o¡l ı (n. ol an o)@ No) Ì\)@ N ñÀ ÀN ê _À o :.¡(o N) Ø C)c 0) f t¡) 9.. CN o @(¡À -{ O) @-.Io oC) o, 90NÀ Io,ax i$('| oo, 3¡v Ø cr o ¡; -{!¡oroNooo NÀ s N)o ÀoNÀÀf\) @Ø 'Ø -O)o It\to -(¡o-.¡ ir,o o(¡tooo I o d ı' oo 2.cl ı+ -dEäxff,K:Orq, I ödJ<.or,f,o r+ O- s o (r, ıf Ø cc)c ır-ol oc o =r É. f5o @À oN O)o -{NI-.¡ o) (D öJ =øU'x 5(¡ 8ñır9¡ f<oı'ı'o fr o'.isf<o.o =ø.ooo¡f a- u,g+ 9c)cqı åı' ='o)sä*ı=ø AØ ı,9 al='9 oa oo 3 3oJ ø dIo o_ c) oof U' co ı'l Ø co !loø oı UIıfø É a. fl)fo- É 0)_ o (t, c) ıo: a, ÀÀ o1\)À @ NNo -{(, @ No 6ø r\)oo) i¡@ :.to)d) a oof U' co ı'f o,5 o (t ıf an Ø ET o t¡; I ÀtoF o(¡¡ooo s o o (.,(.t NÀ lg N -o{(t¡ Ngrqt utï<o Höogo:3åxo l¡Êg o Éo F 3nooIt!¡ Jo c!!mn =t- '¡o fin TE*7^-ooı!D-l g=>->=r!no m =mz+ U, llflt(oo o N -{ N) @ No -{ ! t¡t (oo N) o N ott, o CL oo ıo Þ otr qt Jim Fillis (Principal in Charge) Jeff Walker (PM) ]arla Talich (Project Engineer) Rod DenHerder (Project Engineer) ior Dam Engineer (lTR) Parkington (Geotechnical hn Lostra (Quantities) $56.f4Fearrington (Structural) $87.71Staley (Electrical QA/QG)¡,\¡o l.to(,ì $58.87om Merritt (Electrical Engineer) $46.25Escarez (Electrical CAD) $39.38 19b(rì ul Hamidi (Wetlands) Nb(rì $37.50lnman (GlS) $86.20 À,Bardwell (Senior Construction $6r.91hoaib Akram (Construction Ma $40.00lS/Graphics nistrat¡on $28.00 o)Hours Cost c,àooo {A' at- 7!¡ ÉIo a v!¡ o Nbor $83.r0 l\'o('t $46.0r $6r.61 l.tð(rì $59.28 -l ,rr.oo 6l('ìl - | ,.o.oo 6lorl nl Eu,6l(rì | .50 n!¡ o $236.84 $r3r.r3 f\) $r75.s9 s $168.95 $250.80 $r83.66 $192.38 $160.00 $236.82 $167.78 $r31.82 $112.24 $106.88 $245.67 $176.45 $1r4.00 $79.80 o(rtooct o(rìooo ]C -l :oYøHx -(Jl<r Or 6dJ<.Our3Oaà o- I o ut. o:j Ø cc,c ır- 0) oc o =r É. =:fo À t\) N @No)o) o@o)o) N\¡N!Éto)oNNNN(t)o 64ê@ Ì\)_(¡) f¡ @ C) o(¡) f'|--to {q¡ P Ctr¡u (t (o 9) @oN f¡oo EIrl o{ooo oÐ 3 øÐ o !o 3Ë s o C) ooØ |t, -l 0) CNxt I -.{ =.(tc ota =ot U' Ø (- 7TÞ !o 3 ØtrIt!to -{o Ð -{!¡lt,xo\¡oo(t -lll || À-.tl"l 'l ll-l lllt {ll-l llll N),À -l I I I I I ITI N (tÀ o NN) À(o ()o (o(o o o !N@ N)-.¡A \¡ot(¡¡ NoNN 6ç@ 5'('t Or¡ ð -(¡,(ocl :.¡ ctrN N(,A 9)(¡ æ ED fI r<o >:m!{ oì =åÃo T g o Éo Fooo!to¡ã 3o !!mn = rrOm¡mmm!trx¡^r o9ı-ItD- 8=;>=l-! Ðo m =mz{ U, 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. 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. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: August 15, 2017 SUBJECT: Upper Mill Creek Dam Improvements King County Flood Control District Sub-Regional Opportunity Fund – Authorize SUMMARY: The King County Flood Control District (“District”) collects an annual levy from properties within King County. Through the District’s Sub-Regional Opportunity Fund, ten percent of the levy collected within each jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat projects. Staff suggested the City’s portion of the Opportunity Fund be directed to the Upper Mill Creek Dam Project in the amount of $191,815. EXHIBITS: 2017 Sub-Regional Opportunity Fund Amendment Form RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: The Opportunity Fund will be used for reimbursement of project. MOTION: Authorize the Mayor to accept the King County Flood Control District Sub-Regional Opportunity Fund in the amount of $191,815, for the Upper Mill Creek Dam Project, and to establish a budget for the funds to be spent on this project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: August 15, 2017 SUBJECT: Bahamas Final Plat – Approve SUMMARY: On January 31, 2007, the Hearing Examiner recommended approval to subdivide 2.65 acres into 13 single family residential lots with one drainage tract. The current address of the Bahamas Plat is 9807 South 200th St, Kent, Washington, and is further identified by King County tax parcel number 062205-9053. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development & Public Works Departments BUDGET IMPACTS: None MOTION: Approve the Bahamas Plat Final Plat Plan and authorize the Mayor to sign the final plans. This page intentionally left blank. VOL/PG ISU-2006-6 KIVA tRPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, TWP., 22 N., RGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE WEST 220 FEET OF THE EAST 550 FEET OF NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD; AND EXCEPT THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89'55'50" WEST ALONG THE NORTH LINE THEREOF 330 FEET; THENCE SOUTH 0'04 112 11 WEST ALONG THE WEST LINE OF THE EAST 330 FEET OF SAID SUBDIVISION, 180 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0'04'12" WEST ALONG SAID LINE 481.01 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 89'59'10" WEST ALONG SAID LINE 75 FEET; THENCE NORTH 04"04'12" EAST 315.56 FEET; THENCE NORTH 89'59'10" EAST 30 FEET; THENCE NORTH 0'04'12" EAST 63 FEET; THENCE NORTH 23'46'12" EAST 111.96 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THE WEST 15 FEET OF THE EAST 565 FEET OF NORTH 418 FEET OF THE NORTH HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY; WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD; (ALSO KNOWN AS EAST 15 FEET OF LOT 2, KING COUNTY SHORT PLAT NO. 683031, RECORDED MAY 17, 1985 UNDER RECORDING NO. 8505170614) (BOTH PARCELS ALSO KNOWN AS PORTION OF LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT 8611015, RECORDED MARCH 20,1987 UNDER RECORDING NO. 8703200424). DEDICATION KNOW ALL MEN (PERSONS) BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNER(S), IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY SUBDIVIDED, DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME AND DEDICATE AND CONVEY TO THE PUBLIC, FOREVER, THE USE OF ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC ROADWAY, UTILITY INSTALLATION AND STORM DRAINAGE INSTALLATION, TOGETHER WITH THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. ALSO, TRACT "A" IS DEDICATED TO THE CITY OF KENT FOR STORM WATER DETENTION FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS, WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THE SUBDIVISION. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. ALSO THE SPECIFIC CONDITIONS AND/OR AGREEMENTS THAT ARE CONDITIONS OF THIS PLAT ARE MADE A PART HERETO AND THE OWNERS AND THEIR ASSIGNS DO HEREBY AGREE TO AND /OR COMPLY WITH THESE CONDITIONS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: :~H~-~~-~ITED LIABILITY COMPANY (MANAGER) /?JI-,' __ L, 'llff-- ITS ---/'~4(?~--·----- ----------------SIGNED THIS INSTRUMENT, ON OATH STATED TH:=~/S~E WAS AUTIHORIZED TO EXECUTE THE INSTRUMENT AND. AC~~~~:;_D IT A.s THE :±:res) elm+ oF &WDro uLJwc-:'),. Llc TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. PRINTED NAME ----l..J>wt.~..J...L.~.L:--,..1-...&J.Q-...~~;.;;._ ___ _ RESIDING AT MY APPOINTMENT EXPIRES-\ ...... D....__~_,_),.._..8-""=D'-"l--'±._ ___ _ STATE OF WASHINGTON } COUNTY O~ ) I CERTIFY 'fH~Y1'i<~w OR HAVE SATISFACTORY EVIDENCE THAT ----------------SIGNED THIS INSTRUMENT, ON OATH STATED THAT W/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE Ctlnmexc-:\a \ \ CDD c)f:.flc.p.A oF __._h..u...-Y\<:l_,,,_·"""""'""l'<-f__,_& ....... >"'"'""D ....... \c._.;:__ _____ _ TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED SIGNATURE OF NOTARY PUBLIC-~~~::::..:_-=-4--h~~~~--;;---- PRINTED NAME -M~~a....U--1-1-~~.+-=-'-"'"'-'-=c::l'--""'-:::..---- RESIDING AT ~ MY APPOINTMENT EXPIRES _ _...IQ""""-~__,_\ -~a ...... t-""J..._) Q-__.__ ___ _ KING COUNTY APPROVALS KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS --DAY OF ----· 20 KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 062205-9053 ---------- KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS_ DAY OF , 20 • MANAGER, KING COUNTY FINANCE DIVISION DEPUTY CITY OF KENT APPROVALS EXAMINED AND APPROVED THIS --DAY OF MAYOR, CITY OF KENT -J-f"'- EXAMINED AND APPROVED THIS_ I_ DAY OF µ\~;\~(. PLANNING MANAGER ----· 2017 EXAMINED AND APPROVED THIS 7~ DAY OF Av9vs.f. • 2017 CITY ENGINEER CITY OF KENT FINANCE DMSION CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS_ DAY OF ,2017 FINANCE DIRECTOR COUNTY RECORDING OFFICIAL'S INFORMAJION BLOCK (WAC 332-130-050) LAND SURVEYOR'S CERTIFIGATE I HEREBY CERTIFY THAT THIS PLAT OF BAHAMAS PLAT IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 06, TOWNSHIP 22 NORTH, RANGE 05 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HA VE FULLY COMP-LIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. RECORDING CERTIFICATE DA OUMA, P FESSIONAL LAND SU VEYOR. CERTIFICATE NO. 38992 TOUMA ENGINEERS AND LAND SURVEYORS, PLLC 255 SW 41ST STREET RENTON, WASHINGTON 98057 PHONE: 425-251-0665 FILED FOR RECORD AT THE REQUEST OF THE CITY OF KENT, THIS ---------DAY OF ------------------• 20 ___ , AT -------MINUTES PAST ____ M. AND RECORDED IN VOLUME ----------OF PLATS, PAGE(S) -------------------• RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-Q{.)1-016 SUPERINTENDENT OF RECORDS ~TOUMA ENGINEERS AND L5rLAND SURVEYORS,PLLC 255 SW 41st STREET ..., RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 SHEET 1 OF 4 VOL/PG BA MA PLAT #SU-2006-6 KIVA #RPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, TWP., 22 N., RGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON CITY OF KENT EASEMENTS RESERVATIONS ALL PUBLIC EASEMENTS AS SHOWN ON THIS PLAT, INCLUDING A TEN FOOT WIDE AREA THAT ADJOINS AND RUNS PARALLEL WITH THE STREET FRONTAGE ON EACH LOT AND TRACT AND THAT USE WITHIN THE PERIMETER OF THOSE LOTS AND TRACTS, SHALL BE FOR MUNICIPAL PURPOSES IN FAVOR OF THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS (HEREINAFTER "GRANTEE"). SAID EASEMENTS ARE TO BE USED FOR THE BENEFIT Of THE ENTIRE PLAT AND THE PURPOSE OF SERVING OTHER PROPERTIES. ALL EASEMENTS IN FAVOR OF THE GRANTEE SHALL TAKE PRECEDENCE OVER ANY OTHER EASEMENTS HEREIN RESERVED. WITHIN THE BOUNDARIES OF THOSE PUBLIC EASEMENT AREAS. GRANTOR SHALL NOT CONSTRUCT OR ERECT ANY BUILDING, WALL ROCKERY, FENCE OR STRUCTURE Of ANY KIND, NOR SHALL GRANTOR PLACE FILL, MATERIAL. GRANTOR SHALL NOT MAKE ANY EXCAVATION WITHIN THREE FEET OF ANY PUBLIC EASEMENT, GRANTOR SHALL MAINTAIN THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA AT THE CURRENTLY EXISTING ELEVATION. IF ANY SUCH CONSTRUCTION, PLACEMENT, PLANTING, EXCAVATION OR CHANGE IN GROUND LEVEL SHOULD OCCUR AS DESCRIBED IN THIS PARAGRAPH, THE GRANTEE MAY EXERCISE ITS RIGHT TO REMOVE SUCH OBSTRUCTION(S) WITHOUT NOTICE AND THE OWNER(S) OF THE PROPERTY ON WHICH SUCH OBSTRUCllONS ARE LOCATED SHALL BE LIABLE FOR ALL COSTS INCURRED BY GRANTEE FOR THE REMOVAL THEREOF. WHENEVER IT DEEMS NECESSARY. GRANTEE SHALL HAVE THE RIGHT TO ENTER UPON THESE PUBLIC EASEMENTS OR RIGHT-OF-WAY IN ORDER TO EXTEND, CONSTRUCT, REPAIR, ALTER, MAINTAIN OR RECONSTRUCT THE UllLITIES WITHIN THE PUBLIC EASEMENT OR RIGHT-OF-WAY. GRANTEE SHALL ALSO HAVE THE RIGHT, WHENEVER IT DEEMS NECESSARY, TO CONSTRUCT A HARD SURFACE ROAD, ADDITIONALLY GRAN TOR GRANTS TO GRANTEE THE USE OF THAT AREA IMMEDIATELY ADJACENT TO ANY PUBLIC EASEMENT AREA THAT GRANTEE MAY REQUIRE FOR THE CONSTRUCTION RECONSTRUCTION. MAINTENANCE AND OPERATION OF ANY PUBLIC UTILITY. GRANTEE SHALL HOLD ITS USE OF THOSE ADJACENT AREAS TO A EASONABLE MINIMUM AND SHALL RETURN THE AREA TO THE CONDITION EXISTING IMMEDIATELY BEFORE GRANTEE OR ITS AGENTS ENTERED UPON THE PROPERTY. GRANTEE SHALL HAVE THE RIGHT TO USE ALL EQUIPMENT AND PERSONNEL THAT IT DEEMS NECESSARY TO ACCOMPLISH ANY OF THE RIGHTS DESCRIBED HEREIN, PLAT NOTES 1. THE 24 FOOT WIDE PRIVATE INGRESS AND EGRESS AND PUBLIC UTILITIES EASEMENT WITHIN LOTS 11 AND 12 IS FOR THE BENEFIT OF LOTS 12 AND 13 AND THE CITY OF KENT. LOTS 11 THRU 13 SHALL BE RESPONSIBLE FOR THE MAINTENANCE MAINTENANCE OF THE SURFACE FEATURES. 2. THE 27 FOOT WIDE PRIVATE INGRESS AND EGRESS AND PUBLIC UllLITIES EASEMENT WITHIN LOTS 1 THRU 3 AND LOT 5 THRU 7 IS FOR THE BENEFIT OF LOTS 1 THRU 7 AND THE CITY OF KENT. LOTS 1 THRU 7 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES. 3. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 1 THRU 3 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 1 THRU 3 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 4. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 5 THRU 7 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 5 THRU 7 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURF ACE FEATURES 5. THE 5 FOOT WIDE PUBLIC PEDESTRAIN ACCESS EASEMENT WITHIN LOTS 1 THRU 4 IS FOR THE BENEFIT OF SAID PUBLIC. THE BAHAMAS HOMEOWNERS' ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES. 6. THE PUBLIC STORM DRAINAGE UTILITIES EASEMENT WITHIN LOT 1 IS CONVEYED TO THE CITY OF KENT OR ITS SUCCESSOR AGENCY FOR UllLITY PURPOSES UPON THE RECORDING OF THIS PLAT. THE OWNER OF LOT 1 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 7. TRACT A IS STORM DETENTION TRACT AND IS DEDICATED UPON RECORDING OF THE FINAL PLAT TO THE CITY OF KENT FOR OWNERSHIP AND MAINTENANCE OF THE STORM DRAINAGE FACILITIES. THE BAHAMAS PLAT HOMEOWNERS' ASSOCIATION SHALL BE RESPONSIBLE OF THE MAINTENANCE OF THE LANDSCAPING WITHIN TRACT A. 8. THE 20 FOOT PRIVATE JOINT USE/HAMMERHEAD EASEMENT AND INGRESS AND EGRESS EASEMENT WITHIN LOTS 9 AND 10 IS FOR THE BENEFIT OF SAID LOTS. LOT 9 AND 10 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 9. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 11 AND 12 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY TITLE REPORT NOTES SCHEDULE "B" SECTION NOTES TAX PARCEL #0622059053 SCHEDULE "B" IS BASED ON FIRST AMERICAN TITLE INSURANCE COMPANY NUMBER NCS-762629-WA 1, WITH AN EFFECTIVE DA TE OF JANUARY 19, 2017. 5. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR WATER LINE RECORDED UNDER KING COUNTY RECORDING NUMBER 5079898. (NOT PLOTTABLE) 6. RESTRICTION, CONDITIONS, DEDICATION, NOTES, EASEMENTS AND PROVISIONS, IF ANY CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT PLAT NO 683031 RECORDED UNDER KING COUNTY RECORDING NUMBER 8505170614. 7. TERMS, COVENANTS, CONDITIONS AND RESTRICTION AS CONTAINED IN LOT LINE ADJUSTMENT {BOUNDARY LINE REVISION) 8611015 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8703200424. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR UNDERGROUND TELEPHONE FOR US WEST COMMUNICATIONS, INC A COLORADO CORPORATION RECORDED UNDER KING COUNTY RECORDING NUMBER 9206151173. (SHOWN) 9. CONDITIONS, NOTES, EASEMENTS, PROVISIONS, AND/OR ENCROACHMENTS CONTAINED AND OR DELINEATED ON THE FACE OF THE SURVEY, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 9305219007. 10. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR QWEST CORPORATION, A COLORADO CORPORATION FOR UTILITIES, RECORDED UNDER KING COUNTY RECORDING NUMBER 20020104001231. (AS SHOWN HEREON) 21. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED nMEMORANDUM OF CONTRACT", RECORDED UNDER KING COUNTY RECORDING NUMBER 20160125000531 23. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR PUGET SOUND ENERGY, INC A WASHINGTON CORPORATION, FOR THE ELECTRIC TRANSMISSION, RECORDED UNDER KING COUNTY RECORDING NUMBER 20161202000144 (AS SHOWN HEREON) UTILITY EASEMENTS RESERVATION AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE TV AND FOR PUGET SOUND ENERGY, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET, PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, MAINS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, TV, AND GAS SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, TELEPHONE OR CABLE TV SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. ALL PRIVATE EASEMENTS RESERVED HEREON ARE SUBORDINATE IN THEIR RIGHTS WITH THE RESPECT TO ALL CITY OF KENT EASEMENTS GRADING OF ROADS NOTE FOLLOWING ORIGINAL REASONABLE GRADING OF ROADS AND WAYS HEREON, NO DRAINAGE WATERS ON ANY LOT OR LOTS SHALL BE DIVERTED OR BLOCKED FROM THEIR NATURAL COURSE SO AS TO DISCHARGE UPON ANY PUBLIC ROAD RIGHTS-OF-WAY TO HAMPER PROPER ROAD DRAINAGE. THE OWNER OF ANY LOT OR LOTS, PRIOR TO MAKING ANY AL TERA TION IN THE DRAINAGE SYSTEM AFTER THE RECORDING OF THE PLAT, MUST MAKE APPLICATION TO AND RECEIVE APPROVAL FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS FOR SAID ALTERAllON. ANY ENCLOSING OF DRAINAGE WATERS IN CULVERTS OR DRAINS OR REROUTING THEREOF ACROSS ANY LOT AS MAY BE UNDERTAKEN BY OR FOR THE OWNER OF ANY LOT SHALL BE DONE BY AND AT THE EXPENSE OF SUCH OWNER. SUBDIVIDED LOT NOTE NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. DECORATIVE TYPE ENTRIES NOTE FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 11, 12 AND 13 SHALL BE RESPONSIBLE FOR THE MAINTENANCE DECORATIVE TYPE ENTRIES, EITHER FOR BEAUTIFICATION OR ADVERTISEMENT OF THIS PLAT, SHALL NOT UNDER ANY OF THE SURFACE FEATURES CIRCUMSTANCES BE PLACED IN PUBLIC RIGHT OF WAY. IF ANY SUCH ENTRIES ARE PLACED OTHER THAN IN PUBLIC 10. AS A CONDITION OF BUILDING PERMIT ISSUANCE RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUTS INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS UNDER KIVA 2074472 DATED AND SIGNED MARCH 24, 2014. 11. DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTH 200TH STREET IS RESTRICTED TO THE NEW PUBLIC STREET "98th A VE SOUTHEAST" SHOWN ON THE FINAL PLAT. 12. THE COVENANTS, CONDITIONS AND RESTRICTION FOR THE BAHAMAS HOMEOWNERS' ASSOCIATION ARE RECORDED UNDER KING COUNTY RECORDING NUMBER --------------- 13. IN THE EVENT THE BAHAMAS HOMEOWNERS' ASSOCIATION FAILS TO PERFORM ITS MAINTENANCE RESPONSIBILITIES AS OUTLINED HEREIN, THE OWNERS OF ALL THE LOTS WITHIN THIS PLAT SHALL EQUALLY SHARE SUCH MAINTENANCE RESPONSIBILITY. 14. A DECLARATION OF STORM WATER FACILITY MAINTENANCE COVENANTS IS RECORDED WITH KING COUNTY UNDER KING COUNTY RECORDING NUMBER ------------------- 15. THE BAHAMAS HOMEOWNERS' ASSOCIATION IS ON FILE WITH THE WASHINGTON SECRETARY OF STATE'S OFFICE IN OLYMPIA, WASHINGTON c:;c:rTOUMA ENGINEERS AND l5:rLAND SURVEYORS,PLLC 255 SW 41st STREET ,.., RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 RIGHT OF WAY, THE RESPONSIBILITY Of MAINTENANCE AND LIABILITY SHALL BE BORNE BY THE PLATTERS AND OR THEIR ASSIGNS. ROAD MITIGATION FEE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, PURSUANT TO CONDITION 1A OF ENV-2006-69, THE PLA TTER(S), THEIR HEIRS OR ASSIGNS, AGREE TO FINANCIALLY PARTICIPATE AND PAY A FAIR SHARE OF THE COSTS ASSOCIATED WITH THE CONSTRUCllON OF THE 196TH AND 192ND CORRIDOR PROJECT. THE COST FOR EACH LOT SHALL BE $897.00 PER LOT (IN 1986 DOLLARS) BASED UPON 12 PM PEAK HOUR TRIPS. THIS AMOUNT, IN 1986 DOLLARS, SHALL BE ADJUSTED FOR INFLATION AT THE TIME OF BUILDING PERMIT ISSUANCE. REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-001-016 SHEET 2 OF 4 < 0 r '-.... -0 G) • .... INTER. 92nd A VE S & S 200th STREET CENTER SECTION 6-22-05 FOUND 1" BRASS DISK W/ PUNCH IN CASE (12/2016) 2050.52' DEDICATED AND CONVEYED TO THE CITY OF KENT UPON THE RECORDING OF THIS PLAT PUBLIC STORM DRAINAGE EASEMENT SEE NOTE 6, SHEET 2 OF 4 THE WEST LIN!:; OF THE E 565' LEGEND 0 SET PK NAIL SET MON IN CASE EX PK NAIL EX MON IN CASE EX REBAR / PIPE AS NOTED N89.56'57"W 25.00' SET 1 /2" REBAR & CAP #38992 SECTION CORNER c::()::::J QUARTER CORNER (M) MEASURED DETAIL (C) CALCULATED (D) DEED SEE SHEET 4 OF 4 (COK) CITY OF KENT (PL 1) PLAT OF COPPER RIDGE AT CHESTNUT DETAIL "B" REC# 20131223000566 SEE SHEET 4 OF 4 R=30.00 L=6.77 Delta=12'55'57" R=55.00 L=12.41 Delta=12'55'57" ss9·54'41"w 15.00' THE SOUTH LINE OF THE N 418' R=55.00 L=12.42 Delta= 12'56'18" PRIVATE 20' JOINT USE HAMMERHEAD AND INGRESS AND EGRESS EASEMEN.:....:.T __ __ SEE NOTE 7, SHEET 2 OF 4 DETAIL "D" SEE SHEET 4 OF 4 THE WEST LINE OF THE E 550' 24' PRIVATE INGRESS/ EGRESS & PUBLIC UTLITIES EASEMENT, SEE NOTE 1, SHEET 2 OF 4 VOL/PG A AMAS PLAT #SU-2006-6 KIVA IRPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, lWP., 22 N., AGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON CITY OF KENT MON#7073 FOUND 2" BRASS DISK W / PUNCH IN CASE (12/2016) N 157384.9000 (BASIS OF BEARING) N89'54'41"E 2615.52 (M) __ _ ---..,- 227.00' N89°54'41"E 2.5' DEDICATION UPON RECORDING OF THIS PLAT 235.00' S 200th STREET (PUBLIC) E 1300244.8000 330.00 (C) 2.50' N89'54'41"E 177.05' EXISTING PUBLIC EASEMENT REC. - - - - - - - -__._.,,.--....;;;; NO. 9206151173 ~I Lr) I R=25.DD L=39.21 Delta=89'51 '38" l.1..1 I LOT 7 LU ~ 6,348 sq. ft. .,"<t LOT 6 ~ 6,313 sq. ft. N ~I ~ C> • ~1 g N12'52'54"W2 0.37' 10' I I I I LOT 11 7, 250 sq.ft. 13 0 0 z LOT 5 5, 999 sq. ft. 'b 0 ci I.(') --o.7' ~ ~ N i"":l a b a (/) ).... w N89.57'54"E 145.00' ~e---+-+---!.!:~~-=-..:.~:.:.------ N 10' PUBLIC UTILITY EASEMENT. SEE ~ 0 v NOTE 8, SHEET 2 OF 4 8 ci LOT 12 :z: in I 1.2so sq.ft. 10' N89'57'54"E 145.00' I 0: [:! ::BEE ~a :g ;:;j ~::.: <oO ~ i=:! en <:!> EXISTING PUBLIC EASEMENT REC. NO. 20020104001231 SURVEY NOTES INSTRUMENT: SPECTRA FOCUS 35 TOTAL STATION METHOD USED: FIELD TRAVERSE WITH ACTUAL FIELD MEASUREMENTS AND ANGLES WAC 332-130-090 DA TE OF SURVEY: DECEMBER 2016 BASIS OF BEARING: THE NORTH LINE OF THE SE 1/4 OF SECTION 6-22-5 (Na9·54'41" E} ft (NAD 83/91) V BENCHMARK: CITY OF KENT MON #7073 INTER. 92nd A VE S & S 200th STREET CENTER SECTION 6-22-05 FOUND 1" BRASS DISK W/ PUNCH IN CASE (12/2016) FOUND 2" BRASS DISK AT THE INTER ~ OF SE 200th ST AND 1 OOth A VE SE ~ ELEVATION = 343.77' (NAVD 88) REFERENCE SURVEYS: THE PLAT OF COPPER RIDGE (/) ~ <( 'io c N C7) AT CHESTNUT RECORDING # 20131223000566 CORRECTED RECORD OF SURVEY RECORDING # 20151001900002 INTER OF 100th AVE SE & S 208th ST. CITY OF KENT MON#7094 FOUND 3" BRASS DISK W/ PUNCH IN CASE (12/2016) N 154739.5700 E 1300242.1900 (I') !:!;! <( .s::: ....... 00 en SE 200th ST r LLl V') ~ <( ~ SE 202nd ST C> SE 203rd ST SE 204th ST VICINITY MAP (BASIS OF BEARING) N89.54'41"E 2615.52 (M) 5 CITY OF KENT MON#7073 FOUND 2" BRASS DISK W/ PUNCH IN CASE (12/2016) N 157384.9000 E 1300244.8000 --------l :;;::; :;;::; = '!q. ~N r.,, r.,, oo . b 00 55 en INTER OF 1 OOth A VE SE & S 208th ST. CITY OF KENT MON#7094 FOUND 3" BRASS DISK W/ PUNCH IN CASE (12/2016} N 154739.5700 SOOS CREEK WATER ANDS _E_WE_R ___ __. • I DISTRICT EASEMENT PER 1- LOT 13 7,249 sq. ft. I E 1300242.1900 REC#---- 145.00 1.1' EX 6' CYCLONE FENCE S. LINE, N. 1/2, N.E. 1/4, S.E. 1/4 1l 622059059 SPRING srooK ELEMENTARY ~TOUMA ENGINEERS AND l51LAND SURVEYORS,PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE ( 425) 251-0665 FAX ( 425) 251-0625 ·-ss9·52'40"E 2628.65 (COK) l SE 1/4 OF SECTION 6-22-05 W.M. CITY OF KENT MON #7093 BASED ON CITY OF KENT CONTROL "X" IN BRASS DISK (NOT VISITED) REVISED 7 /28/2017 REVISED 7 /10 /2017 REVISED 6/8/2017 JOB NO 1014-001-016 SHEET 3 OF 4 5 8 5 BA A AS PLAT iSU-2006-6 KIVA iRPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, TWP., 22 N., AGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON LOT 1 6,399 sq. ft. R=29.00 L=20.79 10' PUBLIC UTILITY EASEMENT. SEE w (/) Delta=41'04'20" VOL/PG N00'03'24"E 2.86' Tan=l0.86 J[NOTE 3, SHEET 2 OF 4 N89'54' 41 "E w > <( I I I I N00'03'24"E 0.55' N00'03'24"E 2.86' N00'03'24"E 0.55' w ........ (/) 1- 1±1 w~ > (/) <( (..) ::i ...C CD ....... :::> co .e:.. °' w ~8 f.r> p 0 0 :z: ---- I I N89'54' 41 "E ----- ---- 50.29' 51.82' 589•54'41'W S89'54' 41 "W R=29.00 L=24.09 Tan=12.79 Delta=47'35'50" I LOT 7 27' PRIVATE INGRESS/ EGRESS & PUBLIC UTILITIES EASEMENT, SEE NOTE 2 OF SHEET 2 OF 4 10' PUBLIC UTILITY EASEMENT. SEE NOTE 4, SHEET 2 OF 4 1\ 6,348 sq.ft. I 10' PUBLIC UTILITY EASEMENT DETAIL "A" 1"= 20' \ /10' PUBLIC UTILITY EASEMENT -z:. \ _. tq \' ~ ~ \ LOT 8 d D>. \ 6,019 sq.ft. N89'57'54 "E 114. 63' :S co m R=30.00 L=6.77 Delta=12'55'57" N12'52'54"W 0.37' I ~ 10' PUBLIC UTILITY EASEMENT ( LOT 7 \ \ \ 6,348 sq.ft. 50.97' N89'57'54"E 125.94' LOT 8 6,019 sq.ft. \~ 10' PUBLIC UTILITY EASEMENT \ DETAIL "B" 1"= 20' / 10' PUBLIC UTILITY EASEMENT R=B0.00 ~ <v L=18.07 Delta=12'56'18" 4:,~ & R=30.00 LOT g ~ "1. L=20.06 5,730 sq.ft. , Y Tan=10.42 PRIVATE 20 JOINT USE Delta=38'19'16" /HAMMERHEAD AND INGRESS AND EGRESS EASEMENT SEE N89'57'54"E NOTE 7, SHEET 2 OF 4 N12"52'54"W 2.72' LOT 9 \ 5, 730 sq. ft. w (/) --30.38' -I I "o I:: ~ ~8 N89'57'54"E 111.99' w (/) ~ <( R=80.00 w L=18.07 ~ I Delta=12'56'18" N~ ~ I"") !<') "<!" § g l/10' PUBLIC UTILITY EASEMENT I DETAIL "C" 1"= 20' SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER REC#------ ~ f.r> p 0 0 :z R=30.00 L=8.61 Tan=4.34 Delta=16'27'03" LOT 10 5,700 sq.ft. DETAIL "D" 1"= 20' 5' PUBLIC PEDESTRIAN ACCESS ,---.--EASEMENT. SEE NOTE 5 SHEET 2 OF LOT 2 LOT 3 4. SEE DETAIL E SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER REC# ------------------ N89'54' 41 "E -L __ in_ -_--_----""-.... I ~ - - - - - - - --'";;;!>-!. ~~--N89'54'41"E 51.78' - 1--~~~~-5_0.2_9_·~~~~1>}---+~--"s=o.=oo~·~~~~~-.---2_a._11_'_--1~ ~ I 51.a2· 51.55' 25.62' 8 LOT 4 ~ "-._ 27' PUBLIC & PRIVATE ~ g I Cl . ~INGRESS, EGRESS & ,...; C/') _ UTILITY EASEMENT_,__SEE ..-----S89'54'41'W-NOTE 2, SHEET 2 OF 4 S89'54'41"W R=29.00 L=24.09 Tan=12.79 Delta=47'35'50" I 7 :\10' PUBLIC UTILITY EASEMENT DETAIL "E" 1''= 20' 10' PUBLIC UTILITY EASEMENT. SEE NOTE 4 ON SHEET 2 OF 4 LOT 6 42.56' sa9·54•41"w "o -=---J L SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER REC#------------------ LOT 5 REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-001-016 CiE='TOUMA ENGINEERS AND L55rLAND SURVEYORS,PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE ( 425) 251-0665 FAX ( 425) 251-0625 SHEET 4 OF 4 < 0 r ........... \J G) VOL/PG iSU-2006-6 KIVA iRPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, lWP., 22 N., AGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE WEST 220 FEET OF THE EAST 550 FEET OF NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD; AND EXCEPT THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89'55'50" WEST ALONG THE NORTH LINE THEREOF 330 FEET; THENCE SOUTH 0'04'12" WEST ALONG THE WEST LINE OF THE EAST 330 FEET OF SAID SUBDIVISION, 180 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0'04'12" WEST ALONG SAID LINE 481.01 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 89'59'10" WEST ALONG SAID LINE 75 FEET; THENCE NORTH 04'04'12" EAST 315.56 FEET; THENCE NORTH 89'59'10" EAST 30 FEET; THENCE NORTH 0'04'12" EAST 63 FEET; THENCE NORTH 23'46'12" EAST 111.96 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THE WEST 15 FEET OF THE EAST 565 FEET OF NORTH 418 FEET OF THE NORTH HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY; WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD; (ALSO KNOWN AS EAST 15 FEET OF LOT 2, KING COUNTY SHORT PLAT NO. 683031, RECORDED MAY 17, 1985 UNDER RECORDING NO. 8505170614) (BOTH PARCELS ALSO KNOWN AS PORTION OF LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT 8611015, RECORDED MARCH 20,1987 UNDER RECORDING NO. 8703200424). DEDICATION KNOW ALL MEN (PERSONS) BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNER(S), IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY SUBDIVIDED, DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME AND DEDICATE AND CONVEY TO THE PUBLIC, FOREVER, THE USE OF ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC ROADWAY, UTILITY INSTALLATION AND STORM DRAINAGE INSTALLATION, TOGETHER WITH THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. ALSO, TRACT "A" IS DEDIC A TED TO THE CITY OF KENT FOR STORM WATER DETENTION FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS, WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THE SUBDIVISION. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. ALSO THE SPECIFIC CONDITIONS AND/OR AGREEMENTS THAT ARE CONDITIONS OF THIS PLAT ARE MADE A PART HERETO AND THE OWNERS AND THEIR ASSIGNS DO HEREBY AGREE TO AND /OR COMPLY WITH THESE CONDITIONS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: BAHAMAS HOME , C, A WASHINGTON LIMITED LIABILITY COMPANY (MANAGER) BY: -----/!//;~~~~~'.'.:::: ITS ----~-----T~_y~.L:_.:. ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY O~ ) I CERTIFY fH~Yf~E6w OR HAVE SATISFACTORY EVIDENCE THAT ---------------SIGNED THIS INSTRUMENT, ON OATH STATED TH~S!"fE WAS AUTHORIZED TO EXECUTE THE l~STRUMENT AND ACKN~WLEDGED ~T AS _THE .±i!:S\Cfi)± OF fuh"Af00.5 \±imrs) l ,LC' TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ~\\\\\\ \ 11111111111 //ff f//1, ~-#~,.a. HUS/.£'~~ ~ ~~.: ........ ; ...... ..,.,'() ~ ~~ ··~~'<;.~Tf{,tj;··.. . ~ ~~ ... ~-. -·~·· ... ~ !fg -..,Jo· .. :\~RY ~ \ ·~ ~·.·· it~<i·. -i ·~ s \ ·· p'us"'v ,;,.J z-= ~ \._-.. .:··. ~lo~ ~. •• Q .'\; .... ~~ ~ "' .... ·"". . "" '... ,_, §§ -'?h"/:· ··<OBER-: .... · ~ ~ ~-</J-j:-"" ........ s~#' DATED SIGNATURE OF NOT ARY PUBLIC -..;;pr:.:...>o<...>"'-"'-::---f::--1.L-i--,i~""""-..,.;.---,------ PRINTED NAME -->,d~~J..L-.l~t.,--.i...+l'.c....1~.L.AJ....0:::..----­ RESIDING AT MY APPOINTMENT EXPIRES -~'--...__"""-""'-'---1------ KING COUNTY APPROVALS KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS --DAY OF ----· 20 KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 062205-9053 ---------~ KING COUNTY FINANCE DMSION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS_ DAY OF , 20 . MANAGER, KING COUNTY FINANCE DIVISION DEPUTY CITY OF KENT APPROVALS EXAMINED AND APPROVED THIS --DAY OF ----. 2017 MAYOR, CITY OF KENT EXAMINED AND APPROVED THIS~ DAY OF Ar..A?tL.t/:[T , 2017 PLA~4MG~L± J~ A . EXAMINED AND APPROVED THIS ~ DAY OF BIJJ"' <;-f • 2017 CL~ CITY ENGINEER CITY OF KENT FINANCE DMSION CERllFICA TE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF ,2017 FINANCE DIRECTOR COUNTY RECORDING OFFICIAL'S INFORMATION BLOCK (WAC 332-130-050) LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF BAHAMAS PLAT IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 06, TOWNSHIP 22 NORTH, RANGE 05 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HA VE FULLY COMPLIED WITH THE PROVISIONS OF THE PLA TIING REGULATIONS. DAN UMA, PROFESSIONAL LAND SURVEYOR. CERTIFICATE NO. 38992 ~'OFW~ ~~ W//f//f//111iU1lll \\\\\~ TOUMA ENGINEERS AND LAND SURVEYORS, PLLC 255 SW 41 ST STREET STA TE OF WASHINGTON ) COUNTY OF~ . } .d _ 1 cERTIFY THAfritN<6w oR HAVE sAnsFAcToRY Ev10ENcE THAT To cl , Gia tOr_,y --=--------------SIGNED THIS INSTRUMENT, ON OATH STATED THAT &YsHE w~s AUTHORIZED TO EXECUTE THE INSTftU~ENT AND A~KNOWLEDGED IT AS THE Cmroorc/, Q\ \{)U,Y\ of.flu.r oF _0,+~ d:£lnt TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ~\\\\\\\\1111111111////f/!J. ~~~a. HUsr. 11ti% ~~~<('e.:.......... ~"'/.'()~ ~~" ··:Z'1'CNT ~~,(; .. ., ·.~ ~~ .... ~-' _ .. ---~·· ... ~ ~ 'lftf oJARY '1P \ % ==· .. Q.; ~ . -: :::: = :<e ·-. • = ~ \ · .· P·ue\..'c ,.,.J z-~ ~ . -""':-. o~ ~ \ Q . n~/ /::.· fi# ~.n·.v ... ,••.-r .. ~ ~"/': 0"·.'0BER~'\y~v~ ~~)-.CO:""• ............ ~· .ff ~'OFWP..S~~ W111111111i11111\I\\\\\\\~ DATED SIGNATURE OF NOTARY PUBLIC -~~'---?----'L-i=;.~4.:!-'~--,..----- PRINTED NAME _ _..,___....L:-..._._~.:...._....,.._~'-1-L-.,.,._,.,.,,..__,.-'----­ RESIDING AT MY APPOINTMENT EXPIRES --...-...:---!---'-.......... "-+--_,__ ___ _ RENTON, WASHINGTON 98057 PHONE: 425-251-0665 RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF KENT, THIS ---------DAY OF ------------------• 20 ___ , AT -------MINUTES PAST ____ M. AND RECORDED IN VOLUME ----------OF PLATS, PAGE(S) -------------------• RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-001-016 SUPERINTENDENT OF RECORDS c;E='TOUMA ENGINEERS AND L5rLAND SURVEYORS,PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 SHEET 1 OF 4 < 0 r "'-. -0 G) VOL/PG AH M SPLAT #SU-2006-6 KIVA #RPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, TWP., 22 N., RGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON CITY OF KENT EASEMENTS RESERVATIONS ALL PUBLIC EASEMENTS AS SHOWN ON THIS PLAT, INCLUDING A TEN FOOT WIDE AREA THAT ADJOINS AND RUNS PARALLEL WITH THE STREET FRONTAGE ON EACH LOT AND TRACT AND THAT USE WITHIN THE PERIMETER OF THOSE LOTS AND TRACTS, SHALL BE FOR MUNICIPAL PURPOSES IN FAVOR OF THE CITY OF KENT, ITS SUCCESSORS AND ASSIGNS (HEREINAFTER "GRANTEE"). SAID EASEMENTS ARE TO BE USED FOR THE BENEFIT Of THE ENTIRE PLAT AND THE PURPOSE OF SERVING OTHER PROPERTIES. ALL EASEMENTS IN FAVOR OF THE GRANTEE SHALL TAKE PRECEDENCE OVER ANY OTHER EASEMENTS HEREIN RESERVED. WITHIN THE BOUNDARIES OF THOSE PUBLIC EASEMENT AREAS. GRANTOR SHALL NOT CONSTRUCT OR ERECT ANY BUILDING, WALL. ROCKERY, FENCE OR STRUCTURE Of ANY KIND, NOR SHALL GRANTOR PLACE FILL, MATERIAL. GRANTOR SHALL NOT MAKE ANY EXCAVATION WITHIN THREE FEET OF ANY PUBLIC EASEMENT, GRANTOR SHALL MAINTAIN THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA AT THE CURRENTLY EXISTING ELEVATION. IF ANY SUCH CONSTRUCTION, PLACEMENT, PLANTING, EXCAVATION OR CHANGE IN GROUND LEVEL SHOULD OCCUR AS DESCRIBED IN THIS PARAGRAPH, THE GRANTEE MAY EXERCISE ITS RIGHT TO REMOVE SUCH OBSTRUCTION(S) WITHOUT NOTICE AND THE OWNER(S) OF THE PROPERTY ON WHICH SUCH OBSTRUCTIONS ARE LOCATED SHALL BE LIABLE FOR ALL COSTS INCURRED BY GRANTEE FOR THE REMOVAL THEREOF. WHENEVER IT DEEMS NECESSARY. GRANTEE SHALL HAVE THE RIGHT TO ENTER UPON THESE PUBLIC EASEMENTS OR RIGHT-OF-WAY IN ORDER TO EXTEND, CONSTRUCT, REPAIR, ALTER, MAINTAIN OR RECONSTRUCT THE UTILITIES WITHIN THE PUBLIC EASEMENT OR RIGHT-OF-WAY. GRANTEE SHALL ALSO HAVE THE RIGHT, WHENEVER IT DEEMS NECESSARY, TO CONSTRUCT A HARD SURFACE ROAD, ADDlllONALL Y GRANTOR GRANTS TO GRANTEE THE USE OF THAT AREA IMMEDIATELY ADJACENT TO ANY PUBLIC EASEMENT AREA THAT GRANTEE MAY REQUIRE FOR THE CONSTRUCTION RECONSTRUCTION. MAINTENANCE AND OPERATION OF ANY PUBLIC UTILITY. GRANTEE SHALL HOLD ITS USE OF THOSE ADJACENT AREAS TO A EASONABLE MINIMUM AND SHALL RETURN THE AREA TO THE CONDITION EXISTING IMMEDIATELY BEFORE GRANTEE OR ITS AGENTS ENTERED UPON THE PROPERTY. GRANTEE SHALL HAVE THE RIGHT TO USE ALL EQUIPMENT AND PERSONNEL THAT IT DEEMS NECESSARY TO ACCOMPLISH ANY OF THE RIGHTS DESCRIBED HEREIN, PLAT NOTES 1. THE 24 FOOT WIDE PRIVATE INGRESS AND EGRESS AND PUBLIC UTILITIES EASEMENT WITHIN LOTS 11 AND 12 IS FOR THE BENEFIT OF LOTS 12 AND 13 AND THE CITY OF KENT. LOTS 11 THRU 13 SHALL BE RESPONSIBLE FOR THE MAINTENANCE MAINTENANCE OF THE SURFACE FEATURES. 2. THE 27 FOOT WIDE PRIVATE INGRESS AND EGRESS AND PUBLIC UTILITIES EASEMENT WITHIN LOTS 1 THRU 3 AND LOT 5 THRU 7 IS FOR THE BENEFIT OF LOTS 1 THRU 7 AND THE CITY OF KENT. LOTS 1 THRU 7 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES. 3. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 1 THRU 3 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 1 THRU 3 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 4. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 5 THRU 7 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 5 THRU 7 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 5. THE 5 FOOT WIDE PUBLIC PEDESTRAIN ACCESS EASEMENT WITHIN LOTS 1 THRU 4 IS FOR THE BENEFIT OF SAID PUBLIC. THE BAHAMAS HOMEOWNERS' ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES. 6. THE PUBLIC STORM DRAINAGE UTILITIES EASEMENT WITHIN LOT 1 IS CONVEYED TO THE CITY OF KENT OR ITS SUCCESSOR AGENCY FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. THE OWNER OF LOT 1 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 7. TRACT A IS STORM DETENTION TRACT AND IS DEDICATED UPON RECORDING OF THE FINAL PLAT TO THE CITY OF KENT FOR OWNERSHIP AND MAINTENANCE OF THE STORM DRAINAGE FACILITIES. THE BAHAMAS PLAT HOMEOWNERS' ASSOCIATION SHALL BE RESPONSIBLE OF THE MAINTENANCE OF THE LANDSCAPING WITHIN TRACT A. 8. THE 20 FOOT PRIVATE JOINT USE/HAMMERHEAD EASEMENT AND INGRESS AND EGRESS EASEMENT WITHIN LOTS 9 AND 10 IS FOR THE BENEFIT OF SAID LOTS. LOT 9 AND 10 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE SURFACE FEATURES 9. THE 10 FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN LOTS 11 AND 12 IS CONVEYED TO THE CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE CO., AND PUGET SOUND ENERGY AND OR ITS SUCCESSOR AGENCY TITLE REPORT NOTES SCHEDULE "B" SECTION NOTES TAX PARCEL #0622059053 SCHEDULE "B" IS BASED ON FIRST AMERICAN TITLE INSURANCE COMPANY NUMBER NCS-762629-WA1, WITH AN EFFECTIVE DATE OF JANUARY 19, 2017. 5. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR WATER LINE RECORDED UNDER KING COUNTY RECORDING NUMBER 5079898. (NOT PLOTIABLE) 6. RESTRICTION, CONDITIONS, DEDICATION, NOTES, EASEMENTS AND PROVISIONS, IF ANY CONTAINED AND /OR DELINEATED ON THE FACE OF THE SHORT PLAT NO 683031 RECORDED UNDER KING COUNTY RECORDING NUMBER 8505170614. 7. TERMS, COVENANTS, CONDITIONS AND RESTRICTION AS CONTAINED IN LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION) 8611015 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8703200424. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR UNDERGROUND TELEPHONE FOR US WEST COMMUNICATIONS, INC A COLORADO CORPORATION RECORDED UNDER KING COUNTY RECORDING NUMBER 9206151173. (SHOWN) 9. CONDITIONS, NOTES, EASEMENTS, PROVISIONS, AND/OR ENCROACHMENTS CONTAINED AND OR DELINEATED ON THE FACE OF THE SURVEY, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 9305219007. 10. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR QWEST CORPORATION, A COLORADO CORPORATION FOR UTILITIES, RECORDED UNDER KING COUNTY RECORDING NUMBER 20020104001231. (AS SHOWN HEREON) 21. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "MEMORANDUM OF CONTRACT", RECORDED UNDER KING COUNTY RECORDING NUMBER 20160125000531 23. EASEMENT, INCLUDING TERMS AND PROVISIONS FOR PUGET SOUND ENERGY, INC A WASHINGTON CORPORATION, FOR THE ELECTRIC TRANSMISSION, RECORDED UNDER KING COUNTY RECORDING NUMBER 20161202000144 (AS SHOWN HEREON) UTILITY EASEMENTS RESERVATION AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CITY OF KENT, SOOS CREEK WATER AND SEWER DISTRICT, ANY TELEPHONE CO., ANY CABLE TV AND FOR PUGET SOUND ENERGY, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET, PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, MAINS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, TV, AND GAS SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, TELEPHONE OR CABLE TV SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT A TI ACHED TO A BUILDING. ALL PRIVATE EASEMENTS RESERVED HEREON ARE SUBORDINATE IN THEIR RIGHTS WITH THE RESPECT TO ALL CITY OF KENT EASEMENTS GRADING OF ROADS NOTE FOLLOWING ORIGINAL REASONABLE GRADING OF ROADS AND WAYS HEREON, NO DRAINAGE WATERS ON ANY LOT OR LOTS SHALL BE DIVERTED OR BLOCKED FROM THEIR NATURAL COURSE SO AS TO DISCHARGE UPON ANY PUBLIC ROAD RIGHTS-OF-WAY TO HAMPER PROPER ROAD DRAINAGE. THE OWNER OF ANY LOT OR LOTS, PRIOR TO MAKING ANY AL TERA TION IN THE DRAINAGE SYSTEM AFTER THE RECORDING OF THE PLAT, MUST MAKE APPLICATION TO AND RECEIVE APPROVAL FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS FOR SAID ALTERATION. ANY ENCLOSING OF DRAINAGE WATERS IN CULVERTS OR DRAINS OR REROUTING THEREOF ACROSS ANY LOT AS MAY BE UNDERTAKEN BY OR FOR THE OWNER OF ANY LOT SHALL BE DONE BY AND AT THE EXPENSE OF SUCH OWNER. SUBDIVIDED LOT NOTE NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. DECORATIVE TYPE ENTRIES NOTE FOR UTILITY PURPOSES UPON THE RECORDING OF THIS PLAT. LOTS 11, 12 AND 13 SHALL BE RESPONSIBLE FOR THE MAINTENANCE DECORATIVE TYPE ENTRIES, EITHER FOR BEAUTIFICATION OR ADVERTISEMENT OF THIS PLAT, SHALL NOT UNDER ANY OF THE SURFACE FEATURES CIRCUMSTANCES BE PLACED IN PUBLIC RIGHT OF WAY. IF ANY SUCH ENTRIES ARE PLACED OTHER THAN IN PUBLIC 10. AS A CONDITION OF BUILDING PERMIT ISSUANCE RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUTS INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS UNDER KIVA 2074472 DATED AND SIGNED MARCH 24, 2014. 11. DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTH 200TH STREET IS RESTRICTED TO THE NEW PUBLIC STREET "98th A VE SOUTHEAST" SHOWN ON THE FINAL PLAT. 12. THE COVENANTS, CONDITIONS AND RESTRICTION FOR THE BAHAMAS HOMEOWNERS' ASSOCIATION ARE RECORDED UNDER KING COUNTY RECORDING NUMBER ----------------- 13. IN THE EVENT THE BAHAMAS HOMEOWNERS' ASSOCIATION FAILS TO PERFORM ITS MAINTENANCE RESPONSIBILITIES AS OUTLINED HEREIN, THE OWNERS OF ALL THE LOTS WITHIN THIS PLAT SHALL EQUALLY SHARE SUCH MAINTENANCE RESPONSIBILITY. 14. A DECLARATION OF STORM WATER FACILITY MAINTENANCE COVENANTS IS RECORDED WITH KING COUNTY UNDER KING COUNTY RECORDING NUMBER ------------------ 15. THE BAHAMAS HOMEOWNERS' ASSOCIATION IS ON FILE WITH THE WASHINGTON SECRETARY OF STATE'S OFFICE IN OLYMPIA, WASHINGTON c;EE?TOUMA ENGINEERS AND L5rLAND SURVEYORS.PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 RIGHT OF WAY, THE RESPONSIBILITY OF MAINTENANCE AND LIABILITY SHALL BE BORNE BY THE PLATTERS AND OR THEIR ASSIGNS. ROAD MITIGATION FEE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, PURSUANT TO CONDITION 1A OF ENV-2006-69, THE PLA TTER(S), THEIR HEIRS OR ASSIGNS, AGREE TO FINANCIALLY PARTICIPATE AND PAY A FAIR SHARE OF THE COSTS ASSOCIATED WITH THE CONSTRUCTION OF THE 196TH AND 192ND CORRIDOR PROJECT. THE COST FOR EACH LOT SHALL BE $897.00 PER LOT {IN 1986 DOLLARS) BASED UPON 12 PM PEAK HOUR TRIPS. THIS AMOUNT, IN 1986 DOLLARS, SHALL BE ADJUSTED FOR INFLATION AT THE TIME OF BUILDING PERMIT ISSUANCE. REVISED 7 /28/2017 REVISED 7 /10 /2017 REVISED 6/8/2017 JOB NO 1014-001-016 SHEET 2 OF 4 < 0 r -........ -0 G') INTER. 92nd AVE S & S 200th STREET CENTER SEC]ON 6-22-05 FOUND 1" BRASS DISK W/ PUNCH IN CASE (12/2016) 2050.52' DEDICATED AND CONVEYED TO THE CITY OF KENT UPON-- THE RECORDING OF THIS PLAT R=25.00 L=39.21 AHAMAS PLAT ISU-2006-6 KIVA IRPPS-2171341 POR. NE 1/4, SE 1/4, SEC.06, TWP., 22 N., AGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON (BASIS OF BEARING) __ N_89_'54'41"E 2615.52 (M) __ _ 227.00' N89°54'41 "E 2.5' DEDICATION UPON RECORDING OF THIS PLAT 235.00' N89'54'41"E 177.05' S 200th STREET (PUBLIC) 2.50' 330.00 (C) 2.0'-.-,.._ TRACT A I (STORM DETENTION TRACT) 0 • EXISTING PUBLIC EASEMENT REC. NO. 20020104001231 VOL/PG CITY OF KENT MON#7073 FOUND 2" BRASS DISK W/ PUNCH IN CASE (12/2016) N 157384.9000 E 1300244.8000 15,359 sq. ft. ~ I 8 DEDICATED AND CONVEYED • ci TO THE CITY OF KENT UPON I ~ Del to= 89'51'38" SURVEY NOTES INSTRUMENT: SPECTRA FOCUS 35 TOTAL STATION METHOD USED: FIELD TRAVERSE WITH ACTUAL FlELD MEASUREMENTS AND ANGLES WAC 332-130-090 THE RECORDING OF THIS PLAT • PUBLIC STORM DRAINAGE EASEMENT SEE NOTE 6, SHEET 2 OF 4 N89'54'41"E 201.99' ) ~--,--8---4t-----8--Clll 35: ---t-,,--~....;... 50.00' 50.00' 51.69' f~ • l"J DA TE OF SURVEY: DECEMBER 2016 BASIS OF BEARING: THE NORTH LINE OF THE SE 1/4 OF SEC]ON 6-22-5 (N89'54'41" E) THE WEST LINE;~~. OF THE E 565' LEGEND @ & + $ 0 • SET PK NAIL SET MON IN CASE EX PK NAIL EX MON IN CASE EX REBAR / PIPE AS NOTED N89'56'57"W 25.00' SET 1 /2" REBAR & CAP #38992 SECTION CORNER c::<):::J QUARTER CORNER (M) MEASURED DETAIL (C) CALCULATED (D) DEED SEE SHEET 4 OF 4 (COK) CITY OF KENT (PL1) PLAT OF COPPER RIDGE AT CHESTNUT DET Al L "B" REC# 20131223000566 SEE SHEET 4 OF 4 R=30.00 L=6.77 Delta=12·55'57" R=55.00 L=12.41 Delta=12'55'57" S89°54 1 41 "W 15.00' THE SOUTH LINE OF THE N 418' R=55.00 L=12.42 Delta=12'56'18" PRIVATE 20' JOINT USE HAMMERHEAD AND INGRESS AND EGRESS EASEMEN..:...:T __ __. SEE NOTE 7, SHEET 2 OF 4 DETAIL "D" SEE SHEET 4 OF 4 THE WEST LINE OF THE E 550' 24' PRIVATE INGRESS/ EGRESS & PUBLIC UTLITIES EASEMENT, SEE NOTE 1, SHEET 2 OF 4 SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER LOT LLJ = 1.7' LOT 4 "b IP IX) 0 . .o ~IU) EX 6' CYCLONE FENCE (NAD 83/91) -0-BENCHMARK: CITY OF KENT MON #7073 FOUND 2" BRASS DISK AT THE INTER OF SE 200th ST AND 100th AVE SE ELEVATION = 343.77' (NAVO 88) REFERENCE SURVEYS: THE PLAT OF COPPER RIDGE (/) -l LOT 3 ~ 6,086 sq. ft. l3 8 6, 780 sq. ft. 10' PUBLIC AT CHESTNUT RECORDING # 20131223000566 CORRECTED RECORD OF SURVEY 27' PRIVATE IN PUBLIC U]LITIE SEE DETAIL E J89'54 4 .:L - - N89'54'41"E ESS/EGRESS & EASEMENT, z: U]LITY ... EASEMENT, SEE f ~ DETAIL E ,.. ;!::::' . ...... k2 ~ ~11".;.::S: "'r; c~ ... "It RECORDING # 20151001900002 INTER OF 100th AVE SE & S 208th ST. CITY OF KENT MON#7094 FOUND 3" BRASS DISK W/ PUNCH IN CASE (12/2016) N00'03'03"E 27.00' S89'54' 41"W 42.12' ~.~ f:J 5' PUBLIC PEDESTRIAN ACCESS '------EASEMENT. SEE NOTE 5 SHEET 2 OF N 154739.5700 E 1300242.1900 :;::: " l'"l -p~ l'"l • 0 U? . ..-C> .... C> (/) wJ LOT 7 w ';..,., 6,348 sq.ft. ~ LOT 6 ~ 6,313 sq.ft. N ~I ~ 0 • ~1 8 N12'52' 54 "Wz ......,-......, 0.37' 50.97' NB9'57'54"E 126.11' LOT 8 6,019 sq.ft. DETAIL "c" SEE SHEET 4 OF 4 N89'57'54"E 114.63' i""J ~ 0 z LOT 5 5, 999 sq. ft. 8 c::i LO EX 6' CYCLONE I /FENCE 1;!i !"') m LOT 10 ~ P c:i ~ 5,700 sq.ft. • 0 I.() C> 0 J r , z: 10' PUBLIC UTILITY EASEMENT. .. 25 10 111.99' 24' 10' I I I I N89'57'54 E 145.00' LOT 11 7, 250 sq. ft. c.o U') tr) ..- rr:i -''-0.7' 35: ':q- w N89'57'54"E 145.00' ':q-e----t--1----:..:=-::~:.....=...~=------- N 10' PUBLIC UTILITY EASEMENT. SEE N 'r0 p 0 0 (/) 8 0 v NOTE 8, SHEET 2 OF 4 8 ~ LOT 12 :z: ~ I 10' 7,250 sq.ft. N89'57'54"E 145.00' LOT 13 7,249 sq.ft. ..-........-. ~ ..... 0--l ~ l'"l r-,..... co t.ri ..n l'"l I"') (Cl (Cl NN 4. SEE DETAIL E LOT ADDRESS LOT 1 -9804 S. 200th PLACE LOT 2 -9808 S. 200th PLACE LOT 3 -9812 S. 200th PLACE LOT 4 -9816 S. 200th PLACE LOT 5 -9813 S. 200th PLACE LOT 6 -9809 S. 200th PLACE LOT 7 -9805 S. 200th PLACE LOT 8 -20110 98th AVE S. LOT 9 -20114 98th AVE S. LOT 10 -20118 98th AVE S. LOT 11 -20122 98th AVE S. LOT 12 -20126 98th AVE S. LOT 13 -20130 98th AVE S. INTER. 92nd AVE S & S 200th STREET CENTER SECTION 6-22-05 FOUND 1" BRASS DISK W / PUNCH IN CASE (12/2016) (/') ~ ..r::: -00 Ol SE 200th ST U') r l.J.J ~ (/') <( ~ '"O <( cEi ~ Ol SE 202nd ST 0 - SE 203rd ST SE 204th ST VICINITY MAP (BASIS OF BEARING) N89'54'41"E 2615.52 (M) CITY OF KENT MON#7073 FOUND 2" BRASS DISK W/ PUNCH IN CASE (12/2016) N 157384.9000 E 1300244.8000 INTER OF 1 OOth A VE SE & S 208th ST. CITY OF KENT MON#7094 FOUND 3" BRASS DISK W/ PUNCH IN CASE (12/2016) N 154739.5700 E 1300242.1900 l.J.J (/') ~'§' <( Ln ..r::: a::: -Vl oo..._,, 0 REC# -------------- 145.00 1.1' EX 6' CYCLONE FENCE S. LINE, N. 1/2, N.E. 1/4, S.E. 1/4 TL 622059059 SPRING BraOK ELEMENTARY c:;E"TOUMA ENGINEERS AND 15.rLAND SURVEYORS,PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 . ._ S89"52'40"E 2628.65 (COK) l SE 1/4 OF SECTION 6-22-05 W.M. CITY OF KENT MON #7093 BASED ON CITY OF KENT CONTROL "X" IN BRASS DISK (NOT VISITED) REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-001-016 SHEET 3 OF 4 5 5 8 5 5 8 N00'03'24"E 2.86' N00'03'24"E 0.55' N00'03'24"E 2.86' N00'03'24"E 0.55' BAHAMAS PLAT ISU-2006-6 KIVA IRPPS-2171341 POR. NE 1/ 4, SE 1/ 4, SEC.06, TWP., 22 N., AGE., 05., W.M. CITY OF KENT, KING COUNTY, WASHINGTON LOT 1 6,399 sq.ft. R=29.00 L=20.79 10' PUBLIC UTILITY EASEMENT. SEE Tan=10.86 llNOTE 3, SHEET 2 OF 4 Delta=41'04'20" N89'54'41"E ---- N89'54'41"E 1----..... (.N I so.29· ~ I I I --- 51.82' ss9·s4'41·w S89'54' 41 "W R=29.00 L=24.09 Tan=12.79 Del ta= 4 7'35' 50" 1 6,348 sq. ft. 27' PRIVATE INGRESS/ EGRESS & PUBLIC UTILITIES EASEMENT, SEE NOTE 2 OF SHEET 2 OF 4 1 O' PUBLIC UTILITY EASEMENT. SEE NOTE 4, SHEET 2 OF 4 \ LOT 7 J 10' PUBLIC UTILITY EASEMENT w (/) ~ <( _c ...._, c:o 0) R=30.00 L=6.77 Delta=12'55'57" N12'52'54"W 0.37' Li.J =;....., 0 r--, p 0 0 z: I I I I VOL/PG I ~ 1 O' PUBLIC UTILITY EASEMENT ( LOT 7 \ \ \ 6,348 sq.ft. 50.97' N89'57'54"E 125.94' LOT 8 6,019 sq. ft. \~ 10' PUBLIC UTILITY EASEMENT \ DETAIL "B" 1"= 20' DETAIL "A" N12'52'54"W 2.72' 1"= 20' \ /10' PUBLIC UTILITY EASEMENT -z. \ _,. ~ \ ~w ~ \ LOT 8 ~ ~w \ 6,019 sq.ft. N89'57'54"E 114.63' LOT 9 \ 5, 730 sq. ft. R=B0.00 w L=18.07 ':.t-/ Delta=12'56'18" N~ ~ !") I"') "<I" ~ g l/10' PUBLIC UTILITY EASEMENT I DETAIL "C" 1"= 20' R=29.00 LOT 2 ,/10' PUBLIC UTILITY EASEMENT / R=80.00 L=18.07 Delta=12'56'18" g,~ & R=3o.oo LOT g ~ "3 · L=20.06 5,730 sq.ft. , SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER REC# ------------------- w (/) 5' PUBLIC PEDESTRIAN ACCESS ,.-----EASEMENT. SEE NOTE 5 SHEET 2 OF 4. SEE DETAIL E Tan=10.42 PRIVATE 20 JOINT USE Delta=38i9'16" /HAMMERHEAD AND INGRESS AND EGRESS EASEMENT SEE N89'57'54"E NOTE 7, SHEET 2 OF 4 --30.38' -I I o I::::: ~ 8 N89'57'54"E 111.99' R=30.00 L=8.61 Tan=4.34 Delta=16"27'03" LOT 10 5, 700 sq. ft. DETAIL "D" 1"= 20' L=20.79 10' PUBLIC UTILITY EASEMENT. SEE SOOS CREEK WATER AND SEWER DISTRICT EASEMENT PER N89'54' 41 "E Tan=10.86 mNOTE 3 ON SHEET 2 OF 4 Delta=41 '04'20" -------- 'b .,._ N89'54' 41 "E -----..... -------'-"' ~ LOT 3 REC# ------------------ k 21.29' ~-?o ·-N89'54' 41 "E 32. 70' -. °.5 ~...---~--'--"------- --~ in S89'54'41"W ~ - - -_..;:i;\'-1. ~~-NB9'54'41'! 51.78' --· ~~ 50.29' 50.00' 28.71' ..... • --~ 1---~--5~1~.82~.:__---~--1--5-1.~55~.~------1.-.--_.;;.;2~s.~s2-.--1~ LOT 4 o!!; "'-. 27' PUBLIC & PRIVATE in 8 f;j ..... $"" I - -~-Cf,· .--S89'54' 41 "W 'b .,._ S89'54' 41 "W R=29.00 L=24.09 Tan=12.79 Delta=47'35'50" DETAIL "E" 1"= 20' . ""-INGRESS, EGRESS & r0 c.n v:; UTILllY_EhSEM_ENT.._SEE __ -~-+--____ 4_2....,...56_',,----.,, NOTE 2, SHEET 2 OF 4 S89'54'41"W 10' PUBLIC UTILITY EASEMENT. SEE NOTE 4 ON SHEET 2 OF 4 LOT 6 b --=--J DISTRICT EASEMENT PER REC# LOT 5 REVISED 7 /28/2017 REVISED 7 /10/2017 REVISED 6/8/2017 JOB NO 1014-001-016 c:.;E='TOUMA ENGINEERS AND l.5rLAND SURVEYORS,PLLC 255 SW 41st STREET "' RENTON, WA 98057 PHONE (425) 251-0665 FAX (425) 251-0625 SHEET 4 OF 4 < 0 r '-... 'lJ G) Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: August 15, 2017 SUBJECT: Puget Sound Energy Reimbursement Agreement - Authorize SUMMARY: Puget Sound Energy will reimburse the City of Kent to restore the pavement surfaces impacted by PSE’s gas main improvement project in the Star Lake and Highland neighborhoods. Reimbursement is for actual costs of required restoration, including the pavement overlay, sidewalk curb ramps, and associated items customarily required to perform the work, including costs for project administration and material testing. PSE replaced gas mains within the Star Lake and Highland neighborhoods, coordinating its work with the City’s 2017 Overlay Project in the same neighborhood. Coordinating both projects reduces the amount of disruption to the public, ensures consistency in the pavement, and yields the best results for the neighborhoods. EXHIBITS: Asphalt Overlay Reimbursement Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACT: The agreement between PSE and the City of Kent is to reimburse actual costs for the restoration of pavement for the improvement project. MOTION: Authorize the Mayor to sign a Reimbursement Agreement with Puget Sound Energy to reimburse the City of Kent for right-of-way restoration in the Star Lake and Highland neighborhoods in an amount not to exceed $213,097.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 1 136096132.1 ASPHALT OVERLAY REIMBURSEMENT AGREEMENT This Asphalt Overlay Reimbursement Agreement (this “Agreement”), dated as of the Effective Date (as defined below), is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation (“PSE”), and the City of Kent, a Washington Municipal Corporation (the “City”). RECITALS WHEREAS, the City has a current active road project within the Star Lake Highlands that involves grinding existing asphalt pavement, HMA overlay, reconstruction of ADA- approved cement concrete sidewalk and curb ramps, curb, gutter, and adjusting of utility castings and monuments as part of the 2017 Asphalt Overlay Project #17-3001 (the “City Project”); and WHEREAS, PSE has undertaken certain improvements or other work with respect to its facilities within the area of the City Project that involves Star Lake Highlands (the “PSE Project”) and requires PSE to provide an asphalt overlay of the affected roadway surface as more specifically described in the attached Exhibit A (the “Overlay”); and WHEREAS, the City and PSE can achieve cost savings and benefits in the best interest of the public by incorporating the Overlay into the City Project to be performed by the City and having PSE reimburse the City for its actual costs incurred in completing the Overlay; AGREEMENT NOW THEREFORE, it is mutually agreed as follows: I. PURPOSE The purpose of this Agreement is to set forth the respective obligations, responsibilities and rights of the City and PSE with respect to the installation and completion of the Overlay. II. TERM AND TERMINATION 2.1 The term of this Agreement (the “Term”) shall commence on the Effective Date and shall remain in effect until the Overlay has been completed and PSE has paid the City the Actual Overlay Costs (as defined in Section V, below), unless terminated sooner as provided herein. The parties anticipate that the Overlay will be completed on or before October 1, 2017. 2.2 Either party may terminate this Agreement by written notice to the other party if the other party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after its receipt of written notice of breach. Any extra costs, expenses or damages incurred by the non-defaulting party as a result of such termination shall be borne exclusively by the defaulting party. The rights and remedies under this provision are in addition to any other rights or remedies available to the non-defaulting party under contract or applicable law. Termination of this Agreement shall not relieve the defaulting party of any obligations which arise out of work performed prior to the effective date of termination. ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 2 136096132.1 2.3 PSE may terminate this Agreement by providing written notice to the City if the City at any time notifies PSE in accordance with Section V, below, that the Actual Overlay Costs are expected to exceed the estimate, in which case PSE shall be responsible only for the Actual Overlay Costs incurred by the City prior to the effective date of termination for that portion of the Overlay completed up to and including the effective date of termination. III. CITY RESPONSIBILITIES 3.1 The City shall install and complete the Overlay during and as part of the construction of the City Project. Without limiting the foregoing, the City shall: (a) provide the design work required for the City Project and the Overlay, including the preparation of associated plans, specifications and estimates; (b) obtain all necessary permits for the City Project and the Overlay; (c) incorporate a set of plans and specifications for the City Project and the Overlay into a contract bid document and advertise the consolidated project for bid; (d) after bid opening, furnish to PSE for PSE’s review the bid prices submitted for the Overlay, and make the bid award to the lowest responsive and responsible bidder for the total project, subject to applicable laws and regulations; and (e) provide the engineering, administrative, inspection and clerical services required for the completion of the City Project and the Overlay. 3.2 Following completion of the Overlay by the City, the City shall retain ownership of the Overlay and shall have ongoing responsibility for the maintenance of the completed Overlay. 3.3 The City shall, within thirty (30) days after completing the Overlay, provide PSE with accurate and complete invoices showing the Actual Overlay Costs and associated supporting documentation sufficient for PSE to verify the accuracy of each invoice. Invoices shall be paid by PSE within forty-five (45) days after PSE’s receipt and verification of each invoice. Notice of any potential dispute regarding any such invoice shall be made in writing within the same time period. Payment by PSE of any invoice shall not constitute agreement as to the appropriateness or correctness of any invoice or acceptance of the work so represented. 3.4 Each invoice shall reference PSE project number #2161348UTL and be mailed to: Puget Sound Energy, Inc. Attn: Andy Markos 3130 South 38th St. TAC-01 Tacoma, WA 98409 IV. PSE RESPONSIBILITIES 4.1 PSE shall reimburse the City for its Actual Overlay Costs in accordance with Section V. ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 3 136096132.1 4.2 If this Agreement is terminated by either party in accordance with Section II prior to the Overlay being completed by the City, PSE shall be responsible for completing the Overlay. 4.3 PSE retains sole authority and responsibility for the design, construction, repair, maintenance and operation of its facilities before and after the Overlay is completed. This Agreement shall not be construed as an assumption by the City of any authority, responsibility or liability with regard to the design, construction, reconstruction, repair, maintenance, or operation of PSE's facilities located within the City rights-of-way, nor shall the design, construction, reconstruction, repair, maintenance or operation of PSE's facilities located with the City rights-of-way be considered a joint undertaking by PSE and the City. V. PAYMENT PSE shall reimburse the City for all final and actual costs reasonably incurred by the City to complete the Overlay (the “Actual Overlay Costs”) within forty-five (45) days after PSE’s receipt and verification of each invoice. The Actual Overlay Costs shall consist of (a) the City’s reasonable internal costs incurred for the design and permitting of the Overlay, (b) the contract price, as adjusted by necessary change orders, paid to the City’s contractor to complete the Overlay, and (c) the City’s internal costs incurred during construction of the Overlay (i.e., engineering, clerical, administrative, materials testing, surveying and inspection costs and all payroll additives) that are directly attributable to the construction of the Overlay. The City’s estimate of the total Actual Overlay Costs is set forth in the attached Exhibit B, and is for cost estimation purposes only; however, the City shall notify PSE if the Actual Overlay Costs are at any time expected to exceed the estimate. VI. INDEMNIFICATION 6.1 Each party will defend, indemnify and hold harmless the other party, its officers, officials, employees and agents, from and against any and all third party claims, and any resulting costs, damages and liability, for bodily injury (including death) or property damage to the extent the same is caused by such party’s breach of this Agreement or its negligence o r willful misconduct in the performance of its obligations under this Agreement. 6.2 Solely to the extent required to enforce the indemnification provisions of this Section VI, each party waives its immunity under Title 51 RCW, Industrial Insurance; provided, however, this waiver shall not in any way preclude either party from raising such immunity as a defense against any claim brought against such party by any of its employees. This waiver has been mutually negotiated by the parties. 6.3 This section shall survive the expiration or termination of this Agreement. VII. PROJECT RECORDS During the Term and for a period of three (3) years from the end of the Term, the City shall keep all records and accounting pertaining to the construction of the Overlay available for inspection and audit by PSE and/or federal, state and local officials so authorized by law and copies of all records, accounts, documents or other data pertaining to the construction of the Overlay shall be furnished upon request. If any litigation, claim, or audit is commenced, the ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 4 136096132.1 records and accounts along with supporting documentation shall be retained by the City until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit may continue past the above three (3)-year records retention period. VIII. DISPUTE RESOLUTION 8.1 If a dispute arises between PSE and the City regarding this Agreement, the parties agree that they will attempt to resolve the issue through mutual negotiation. If the parties are not able to resolve the dispute through such negotiation within thirty (30) days, then either party may pursue any legal remedy available in a court of law or the parties may agree to submit the matter to mediation or other alternate dispute resolution process. If the parties agree to submit the matter to mediation and the matter is not resolved as part of that mediation, then either party shall be entitled to pursue any legal remedy available in a court of law. 8.2 This Agreement has been made pursuant to, and shall be construed according to, the laws of the State of Washington. Any legal proceedings to enforce any provision of this Agreement may only be brought in the Superior Court of King County, Washington. IX. PUBLIC DISCLOSURE LAWS The City and PSE acknowledge that the City is a public agency subject to certain disclosure laws, including, but not limited to Washington’s Public Records Act, chapter 42.56 RCW. PSE understands that records related to this Agreement and the parties’ performance under this Agreement may be subject to disclosure pursuant to such laws. Neither the City nor PSE anticipates that the performance of either party’s obligations under this Agreement will involve any confidential or proprietary information. X. CHANGES AND MODIFICATIONS Either party may request changes, amendments, or additions to any portion of this Agreement. Except as otherwise provided in this Agreement, no such change, amendment, or addition to any portion of this Agreement shall be valid or binding upon either party unless it is in writing and executed by both parties. All such changes shall be made part of this Agreement. XI. NOTICES Unless otherwise directed in writing by a party, all notices, reports and payments under this Agreement shall be delivered to each party as follows: City of Kent Puget Sound Energy, Inc. 220 Fourth Avenue South Attn: Sandy Leek Kent, WA 98032 3130 South 38th St. jaraucto@kentwa.gov TAC-LL Attn: Joseph S. Araucto, P.E. Tacoma, WA 98409 Notices mailed by either party shall be deemed effective on the date mailed. Either party may change its address for receipt of reports, notices, or payments under this Agreement by giving the other written notice of not less than five (5) days’ prior to the effective date. ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 5 136096132.1 XII. MISCELLANEOUS 12.1 This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the Washington Utilities and Transportation Commission. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 12.2 Nothing in this Agreement is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees or agents, to any third party. 12.3 The waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless mutually agreed by the parties in writing. 12.4 If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect if such remainder would then continue to serve the purposes and objectives of the parties under this Agreement. 12.5 This Agreement contains the entire written agreement of the parties, and supersedes all prior understandings or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may not be modified or amended except as provided herein. 12.6 This Agreement is effective on ________, 2017 (“Effective Date”). City: PSE: City of Kent, WA Puget Sound Energy, Inc. By: By: Title: Mayor Title: Approved as to form only: City of Kent Date: _______ City Attorney ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 6 136096132.1 EXHIBIT A PSE PROJECT RESTORATION ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 7 136096132.1 EXHIBIT B ESTIMATED COST OF OVERLAY This page intentionally left blank. OTHER BUSINESS Agenda Item: Other Business – 8A_ TO: City Council DATE: August 15, 2017 SUBJECT: Riverbend Golf Complex “Marquee on Meeker” Development Agreement – Authorize SUMMARY: Over approximately the last four years, the city council has considered the sale and redevelopment of its Par 3 golf course within the Riverbend Golf Complex. During that time the city has held numerous public meetings and public hearings, eventually deciding to surplus the property, then issuing a Request for Proposals to determine developer interest. Through this process, the city selected FNW, Inc. to develop the project under consideration tonight. FNW’s project will consist of two large podium style buildings and approximately twenty-one three story urban style buildings, constructed in two separate phases, and includes a requirement for a dramatically expanded, urbanized pedestrian-oriented street frontage along the entire project frontage on Meeker Street, to be constructed in the first phase of development. The completed project will contain approximately 492 residential apartment units together with certain accessory uses, including a swimming pool and other adjacent exterior lifestyle elements, as well as approximately 12,000 square feet of commercial restaurant/retail space. The amount of commercial restaurant/retail space is identical to the amount contained in FNW’s original proposal. The purpose of the Development Agreement is to lock in certain development conditions on the property so that both the city and the developer can have certainty and predictability over the scope of development, the regulations that will apply to the development, and the project’s regulatory costs. Although FNW intends to begin construction in the late spring of 2018 and plans to complete both phases of the project within five years, this development agreement will remain in effect for a ten year term, once signed by both parties. The city council has already approved, and the parties have signed, a purchase and sale agreement for the property. Closing is set to occur just before the beginning of construction, planned for the spring of 2018. The city then held a public hearing, as required by state law, on the development agreement at its July 18, 2017, regular council meeting. Other than approval of a Multi-Family Tax Exemption contract yet to be submitted, approving this Development Agreement will be the city council’s last action to complete this significant project, which is intended to provide additional one- time income to enhance a sustainable golf complex ($10.5 million total sale price) and to activate regeneration and redevelopment of Meeker Street from this development east to Kent’s downtown. MOTION: Authorize the Mayor to sign the Riverbend Complex “Marquee on Meeker” Development Agreement, subject to final terms and conditions acceptable to the City Attorney. As this project has been presented and described to the council and the public many times before, Kurt Hanson, Deputy Economic Development Director, will make a very brief presentation and then be available, along with other staff, to answer questions. EXHIBITS: Development Agreement RECOMMENDED BY: YEA: NAY: BUDGET IMPACTS: CITY OF KENT/MARQUEE ON MEEKER LLC MARQUEE ON MEEKER PROJECT DEVELOPMENT AGREEMENT The City of Kent, a Washington municipal corporation (“City”), and MARQUEE ON MEEKER, LLC, a Washington limited liability company (“Developer”), enter into the following development agreement (“Agreement”) to govern the design, development, permitting, mitigation of environmental impacts, and uses associated with the development of that certain proposed development formerly known as the Riverbend Gateway Project and now known as the Marquee on Meeker Project (“Project”), through construction of the buildings, infrastructure and related improvements. Developer and City are each a “Party” and collectively the “Parties” to this Agreement. Recitals A. The City is a municipal corporation incorporated under the laws of the State of Washington. The City has the authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens and thereby to control the use and development of the Project. B. This Agreement is authorized by RCW 36.70B.170 through .210 (the “Development Agreement Statute”) and Kent City Code (KCC) Section 15.08.450. It addresses Project development standards, which are defined in the Development Agreement Statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and other appropriate development requirements. The Agreement is intended to constitute a development agreement governed by the terms and conditions of the Development Agreement Statute and applicable Washington law and to provide the City and Developer with certainty as to the type of Project that will be built and the type of mitigation that will be provided. It is also entered into under the City’s general police power and contracting authority and the City’s State Environmental Policy Act (“SEPA”) mitigation authority. C. The development standards in the Agreement will govern the Project for the term of the Agreement as described herein. As authorized by state statute, the Agreement identifies the adequacy under SEPA of the mitigation required by the City’s SEPA threshold determination on the Project. The Agreement will not be approved until after a public hearing and approval by the Kent City Council (“City Council”), and once approved by the City Council and executed by the Parties, the Agreement will be recorded in the real property records of King County, Washington. D. The Parties intend that this Agreement identify and address all known significant regulatory fees and mitigation that will be required for Developer to construct the Project contemplated herein. E. This Agreement is based upon the City’s police power, contracting power and other authority, including the Development Agreement Statute and Washington law. - 1 - F. All Recitals and Attachments (1 thru 7) referenced in this Agreement are hereby incorporated by reference and shall be considered as material terms of this Agreement. NOW THEREFORE, in consideration of the mutual benefits and agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Developer agree as follows: 1. Property. The Project is to be developed on that certain twenty-four (24) acre (approximately) parcel of real property located generally at 2030 W. Meeker St., Kent, WA 98032 and legally described on Attachment 1 (the “Property”). Developer has applied for, and City has approved for recording, a short plat of the Property into five (5) parcels as described and depicted in the short plat application set forth as Attachment 2. 2. Project Description. The Project is a mixed-use retail/multi-family residential community. The project will consist of approximately 492 residential apartment units together with certain accessory uses, totaling approximately 12,000 square feet of commercial/retail. The residential units will be contained in two podium style buildings and multiple three story urban style walk-up buildings. The podium buildings are anticipated to have four levels of wood frame residential construction over concrete podium decks containing approximately 6,000 SF of restaurant/retail space including adjacent exterior lifestyle patios and approximately 240 stalls of parking. The urban style, three-story buildings will, generally, be located so as to minimize the impact on the existing natural character of the site along the river’s edge and pedestrian-bicycle pathway. These smaller three-story buildings will maximize the potential to save the existing landscaping and view vistas found near the shoreline. The site will also contain surface parking, presently anticipated for an additional 510 stalls for a total of 750 stalls. The exact number of parking stalls will be determined at the time of building permit(s) issuance. Developer intends to construct the Property in two (2) phases (each a “Phase” herein). Each Phase shall comprise approximately one-half of the land area of the Property and shall be developed with roughly half of the residential, commercial/retail and accessory parking in each Phase. The entire Project is more fully described in Attachments 3 and 4 (which include conceptual plans and elevations submitted in response to the RFP for the Project (Attachment 3) and the approved phasing plan (Attachment 4). It is Developer’s intent to develop the Project in two phases consistent with the approved phasing plan set forth in Attachment 4, provided that Developer, at Developer’s election, may elect to construct the entire Project in a single Phase; provided, however, that notwithstanding anything to the contrary set forth herein, if the Developer elects to develop the Project in two Phases, the first Phase construction shall in any event include construction of on-site and off-site public and private mainline infrastructure, including water, storm water, sanitary sewer utilities and traffic/pedestrian improvements for the entire Project and “Meet Me on Meeker” improvements for the entire Project (i.e., both Phases). Nothing in this Agreement is intended to approve, authorize or limit Developer’s ability to propose new or additional development on the Property that would not qualify as a minor modification under this Agreement, and any such new or additional development shall be consistent with then-applicable municipal code, land use regulations and the City’s comprehensive plan and shall not be subject to this Agreement except by written amendment to this Agreement executed by the Parties and approved by the City Council as may be required. 3. Major Public Infrastructure. The required major public water, sewer, stormwater and - 2 - frontage infrastructure requirements are as shown and listed in Attachment 5 to this Agreement. The Parties do not anticipate any additional major public water, sewer, stormwater or frontage improvements beyond those set forth in Attachment 5 will be required for the Project as set forth herein. 4. Term of Agreement and Vesting. The Agreement and the legal requirements identified in the Agreement shall govern the Project and any application required in connection therewith filed within ten (10) years of the date of the Agreement. Any amendments or additions made to the legal requirements identified in this Agreement during the term of the Agreement shall not apply to or affect the Project, except as otherwise provided in this Agreement, or if other county, state or federal laws preempt the City’s authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations, only if, and to the extent required by a serious threat to the public health and safety, as determined by the City Council after notice and an opportunity to be heard has been provided to Developer unless the threat is so immediate that notice is not practical in the short term, due to the imminent threat to public health and safety. 5. Project Public Benefit. The Project as proposed will provide the following public benefits to be included in the Project, as further defined by this Agreement. To the extent these public benefits would not otherwise be required by local regulations or as an offset to local regulations, they constitute additional consideration for the City entering into this Agreement: (a) The City has proposed, but not yet adopted, new Meeker Street construction standards intended to create a more urban, multi-modal arterial than currently established by KCC regulations, i.e., its “Meet Me on Meeker” (MMOM) project. Current KCC regulations would require the Project provide standard half-street improvements to Meeker Street. Developer has elected to construct its Meeker Street frontage substantially in conformance with the proposed MMOM standards in exchange for a partial credit against the City’s Transportation Impact Fees (TIF) for the Project. Once completed, the Parties expect that the Project will be a catalyst for change in the MMOM project area and will provide enhanced access to surrounding commercial uses. (b) For so long as the Project remains either substantially in the layout and configuration of the approved final building permits or substantially in the same land uses, Developer shall be solely responsible to maintain all landscaping and certain hardscape within the Project’s MMOM frontage improvements as described in Section 6(b) below. (c) Developer shall upgrade the required public access to Green River Trail (upgraded paving materials and adjacent landscaping used within the courtyard area located between and directly adjacent to the two podium buildings of the Project at the northerly portion of the central trail connection), plus new vehicular access for maintenance vehicles from the Project’s northwest parking lot to the Green River levee near the northwest corner of the Property. 6. Project Mitigation and Fees. The Project is vested for the term of this Agreement to the following fees, charges, policies, regulations, codes and development standards: - 3 - (a) Regulations and Policies. The Project is located in the GC-MU (General Commercial-Mixed Use) zone. The City zoning, building, development regulations, standards, municipal code and ordinances, policies (including comprehensive plan policies) governing land development in effect as of the date of the Agreement shall govern the Project, except as otherwise set out in this Agreement. (b) Retail Requirement. Developer has requested a departure from KCC 15.04.020, 15.04.030(2), 15.04.200, and 15.02.260, which require that at least five percent (5%) of the gross floor area of a mixed-use development in the GC-MU zone must be a permitted commercial/retail use. As currently proposed by Developer, approximately 2.5% of the Project will consist of a commercial/retail use. The City has determined that a public benefit of equal or greater value than that derived from additional commercial/retail development meeting the 5% standard will be achieved by instead including the following elements in the Project: 1. Construction and completion of all MMOM frontage improvements along the Project’s entire frontage (i.e., all MMOM frontage improvements required for both Phases of the Project) as part of the first Phase of Project development. 2. For so long as the Project remains either substantially in the layout and configuration of the approved final building permits or substantially in the same land uses, Developer shall be solely responsible to maintain all landscaped areas within the Project’s MMOM frontage improvements from the back of the new Meeker Street curbline to the Property line and the parking and public area edges, plus crosswalk medians within the adjacent Meeker Street right-of-way. This perpetual maintenance obligation includes, without limitation, maintenance of all landscaping (including but not limited to irrigation, weeding and replanting, as necessary) but shall not include regular maintenance of any City-owned sidewalks, roadways, bicycle paths, trails, signage or lighting with the exception of periodic cleaning of all hardscape areas other than City roadways as may be needed from time to time. Notwithstanding the foregoing sentence, Developer is responsible for repair of damage to any of the MMOM frontage improvements caused by landscaping, landscape maintenance (or lack thereof) or hardscape cleaning. By way of example only, Developer is responsible to repair damage to sidewalks caused by tree roots within landscape areas. Maintenance as contemplated in this provision shall not include maintenance or capital repairs necessary to address accidental or deliberate damage or destruction due to traffic accidents, collisons, natural disasters or the like, all of which shall be the responsibility of City. 3. Developer shall construct, and for so long as the Project remains either substantially in the layout and configuration of the approved final building permits or substantially in the same land uses, shall maintain the required facilities providing public access to the Green River Trail of a design and quality that meets or exceeds KCC minimum standards and visually enhances nearby public areas. (c) Design and Development. The Project shall consist of the buildings and - 4 - structures, square footage, building stories and heights, and exterior and interior fit and finish details as set out in Attachment 3, and Developer shall construct the Project in conformance to the Attachment 3 designs and details, subject to modification only through the City’s design review regulations. Subject to compliance with this obligation by Developer, the Project will vest to the applicable design guidelines in effect as of the date of this Agreement until the expiration of the term of this Agreement and as permitted minor modifications as described in Section 10 below. (d) Impact Fees. The Project is vested for the term of this Agreement to those impact fees and charges described on Attachment 5. The applicable fees and charges listed in Attachment 5 are due upon issuance of each Project building permit, subject to applicable credits and adjustments, if any, as stated in this Agreement. The applicable fees shall comply with applicable KCC regulations in effect as of the date of this Agreement and shall be calculated based on Chapter 12 of the Kent City Code. (e) Substantive SEPA Policies. The substantive SEPA policies applicable to the Project are those set forth in the City’s SEPA ordinance at Section 11.03.510 of the Kent City Code in existence at the time of execution of the Agreement. (f) Water and Sewer Utilities. Impact fees and charges as set forth in Attachment 5 include sewer and water system development charges relating to City-operated sewer and water utilities (“SDC”) associated with permitting the Project, but not the monthly utility rates (sewer, water, storm drainage, and solid waste). The Parties agree, for mutual benefit, that individual domestic water services will be utilized for each building within the Project in lieu of one master meter for the entire project. The City agrees that an individual 6” meter would be the appropriate equivalent water meter for the project, therefore a 6” system development charge will be the applicable charge for the Project. The system development charge for a 6” meter is $365,329.51. This fee shall be paid in two equal payments, each payment being due at the time that Building Permits are issued for the applicable Phase of the Project. The City agrees that the Project storm drainage as per the Project designs and configuration approved hereunder may, at Developer’s sole discretion, be directed, undetained, into the City’s stormwater facilities located within the adjacent Meeker Street right of way. The storm drainage SDC is calculated to be $0.88/s.f. of onsite impervious surface that drains into the City’s storm facilities. The storm drainage SDC is calculated to be $0.44/s.f. for any infiltrated area that is calculated to overflow into the City’s regional storm drainage system. In addition, the Project shall be responsible for all sewer and storm water fees and charges, if any, for non-City operated sewer and storm water facilities. (g) Residential Targeted Area Designation. City has taken all necessary steps to designate the Property as a “residential targeted area” pursuant to RCW 84.14.040, and Developer is responsible for all required applications and other processes to qualify for the tax exemptions available to it under RCW 84.14.040, otherwise known as the “Multi-Family Tax Exemption.” The Developer intends to take advantage of the Multi-Family Tax Exemption. - 5 - (h) Transportation Impact Fees. 1. Qualification of improvements for impact fee credit. The City agrees to take all necessary steps to include the MMOM improvements, as currently designed and anticipated by the Project and shown on Attachment 3 on the City’s Transportation Improvement Program/Capital Facilities Plan. Should the City fail to include the MMOM improvements in the City’s Transportation Improvement Program/Capital Facilities Plan, the City agrees that the Developer’s construction of the MMOM improvements, as currently shown on Attachment 3, serves the goals and objectives of the capital facilities plan and qualifies for impact fee credit under KCC 12.14.909 as reflected in the impact fees due in Attachment 5. 2. Impact fee credit calculation. The total Transportation Impact Fee (TIF) due for the Project is $761,837.83, plus a one percent (1%) administrative fee. Developer has agreed to construct the MMOM improvements as a public benefit. In consideration of this public benefit, a portion of the cost of the MMOM improvements shall be offset by a TIF credit in the amount of $500,000. Specifically, the City agrees that the TIF credit of $500,000 is in consideration of the MMOM improvements that would apply to reduce the cost of future construction of Project W-12 on the City’s adopted TIF regulations. (i) Dedications and Right-of-Way Street Use License. The Developer’s construction of the MMOM frontage improvements, as generally depicted and described on Attachment 3, will require the dedication of approximately 26,496 square feet of property within the Project to the City of Kent for right-of-way purposes. The Developer agrees to dedicate this property to the City. The Project will construct a parking area in a portion of the Meeker Street right-of-way. The City agrees to grant a limited street use license to Developer in the form attached as Attachment 6 for the life of the Project to allow the use of that right-of-way area for such parking. 7. SEPA Compliance; Adequacy of Project Mitigation. The Project has undergone environmental review pursuant to the State Environmental Policy Act (“SEPA”). A Determination of Nonsignificance for the Project was issued on June 30, 2017 and is attached hereto as Attachment 8. No further SEPA mitigation will be required for the Project as agreed to herein. Any modification to the Project may trigger additional SEPA review. 8. Concurrency. The parties agree the Project has met concurrency requirements per Chapter 12.11 of the Kent City Code. No further concurrency review will be required for development of the Project as agreed to herein, however, modifications to the Project that require amendment of this Agreement may trigger additional concurrency review. 9. Permit Review and Processing and Fees. Developer agrees to pay all permitting/review fees established by the City. Fees will adjust over time and Developer agrees to pay the fees in place at the time of application and/or permitting as applicable to each application or permit. 10. Minor Modifications. The Project will be subject to building permit review and other - 6 - applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process. As part of the review process the City may administratively approve minor modifications to the design and development standards set forth herein pursuant to KCC regulations. The City reserves the right to require amendment of this Agreement as a condition of approving any changes which it deems to be more than minor modifications. 11. Stormwater Detention and Treatment. The Washington State Supreme Court has determined that local stormwater codes, because they are mandated by state and federal law, are not subject to state and local vesting regulations. The Washington State Supreme Court has also indicated that vesting to local stormwater codes may still be allowed if provided under a statutory development agreement. Accordingly, Project vesting to the City’s stormwater standards shall be governed by Washington law, including the Washington State Supreme Court’s decision in Snohomish County, et al. v. Pollution Control Hearings Board and Washington State Department of Ecology, et al., 187 Wn.2d 346, 386 P.3d 1064, 2016, and to the extent allowed by Washington law, the Project will vest to the City’s 2002 Surface Water Design Manual for the term of this Agreement unless the Washington legislature or Washington courts determine that developments do not vest to local stormwater codes pursuant to a statutory development agreement. 12. Utility Charges. Developer will pay standard connection charges to the City’s utilities, including all local general facility charges and regional connection charges, if any. Except as provided in Section 6 above, the City shall not impose any additional fees, charges or requirements to construct off-site utility infrastructure as part of the Project. However, Developer remains responsible for all costs associated with alteration or extension of on-site utility infrastructure necessary for the Project. 13. Construction of Documents. In the event there are any conflicts or ambiguities between the terms of the body of this Agreement or the terms of the Attachments, the terms of the body of this Agreement shall control. 14. Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each Party shall protect, defend, indemnify and hold harmless the other Party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the Party’s own officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose sole negligent actions or omissions gave rise to the claim shall defend the other Party at the indemnifying Party’s sole cost and expense; and if final judgment be rendered against the other Party and its officers, agents, and employees or be rendered jointly against the Parties and their respective officers, agents, and employees, the Party whose sole negligent actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Party harmless only to the extent of the indemnifying Party’s negligence, and in that instance each Party shall be responsible to pay all of its own legal fees and costs. The indemnification to the City hereunder shall be for the benefit of the City as an - 7 - entity, and not for members of the general public. 15. Authority. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the Party for which he or she is signing, and that he or she will defend and hold harmless the other Parties and signatories from any claim that he or she was not fully authorized to execute this Agreement on behalf of the person or entity for whom he or she signed. Upon proper execution and delivery, this Agreement will have been duly entered into by the Parties, will constitute as against each Party a valid, legal and binding obligation that shall run with the land, and will be enforceable against each Party in accordance with the terms herein. 16. Easement for Public Pedestrian Trail. The Developer agrees to grant a permanent easement for a public pedestrian trail from Meeker Street to the Green River Trail, in the form attached as Attachment 7. The Parties agree and acknowledge that with regard to the portion of the public pedestrian trail or its access lying within the Property boundaries, Developer may impose reasonable controls on uses of such portion of the public pedestrian trail that are likely to have an adverse effect on the Project occupants/tenants reasonable enjoyment and use of the Project, so long as such controls are consistent with City policies and guidelines for public trail use or as otherwise approved or in effect by the City. 17. Recording/Binding Effect/Assignability. This Agreement shall be recorded in the real property records of King County, Washington, as necessary to disclose this Agreement on title to the Property. It is mutually agreed that the terms of this Agreement touch and concern the land and shall be covenants running with the land. This Agreement shall run with the land as binding on the Parties and their respective heirs, assigns, successors, legatees, representatives, receivers and trustees and shall continue following the subdivision, lease or transfer of ownership of all or any part of the Property during the term of this Agreement. 18. Agreement Consistency with RCW 82.02.020. The mitigation, payments and dedications established by this Agreement are consistent with the requirements of RCW 82.02.020 and mitigate the direct impacts that have been identified as a consequence of the Project. Neither Developer nor any assignee shall assert a claim against City asserting that (i) the City lacked a legal basis for imposing the agreed-upon mitigation, payments or dedications; (ii) that the mitigation, payments or dedications lacked sufficient nexus or proportionality with the identified impacts of the Project; or (iii) that the mitigation, payments or dedications were greater than if they had been calculated using alternate rationales or formulae. 19. Delays. If either Party is delayed in the performance of its obligations in this Agreement due to Force Majeure, then performance of such obligation shall be excused for the period of delay. The term Force Majeure as used herein shall mean extraordinary natural events or conditions such as war, riot, labor disputes, or other causes beyond the reasonable control of the obligated party. The City’s or Developer’s inability to fund, or decision not to fund, any of its obligations shall not constitute an event of Force Majeure or otherwise be an acceptable reason for delay. 20. Notices. All notices, requests, demands, and other communications called for or contemplated by this Agreement shall be in writing, and shall be duly given by mailing the same - 8 - by certified mail, return receipt requested; or by delivering the same by hand, to the following addresses, or to such other addresses as the Parties may designate by written notice in the manner aforesaid: To Seller: City of Kent 220 Fourth Avenue South Kent, WA 98032 Attn: Ben Wolters Email: bwolters@kentwa.gov With a copy to: Foster Pepper PLLC 1111 Third Avenue, Suite 3000 Seattle, WA 98101-3299 Attn: Beth Clark Email: beth.clark@foster.com To Buyer: Marquee on Meeker, LLC c/o Landmark Development Group 2711 West Valley Highway NorthSuite 200 Auburn, WA 98001 Attn: Brett Jacobsen Email: bjacobsen@fnw-inc.com With a copy to: Marquee on Meeker, LLC HAL Real Estate Inc. 2025 First Avenue, Suite 700 Seattle, WA 98121 Attn: Jonathan Manheim Email: jmanheim@halrealestate.com and: Alston Courtnage & Bassetti LLP 1420 5th Avenue, Suite 3650 Seattle, WA 98101-4011 Attn: Tom Read Email: tread@alcourt.com Any Party hereto may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party hereto. 21. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any judicial action arising out of or relating to this Agreement shall lie in King County Superior Court. 22. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Agreement and that the Parties are entitled to compel specific performance of all material terms of this Agreement by any Party in default hereof. All terms and - 9 - provisions of this Agreement are material. 23. Attorneys’ Fees. In any arbitration or judicial action to enforce or determine a Party’s rights under this Agreement, each Party shall be responsible for payment of its own attorneys’ fees, expert witness fees, and all other costs, if any. 24. No Third Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25. Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null and void, with the remaining provisions remaining viable and in effect. 26. Final and Complete Agreement. This Agreement is integrated and together with the DNS for the Project constitutes the final and complete expression of the Parties on all subjects relating to the development of the Project. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all Parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all subjects discussed herein, without limitation. No Party is entering into this Agreement in reliance on any oral or written promises, inducements, representations, understandings, interpretations or agreements other than those contained in this Agreement and the exhibits hereto. 27. Recording; Assignment. The Agreement shall be recorded with the King County Auditor/Recorder. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the Parties and their successors in interest as described herein. 28. Modification. The Agreement may be modified only with the written agreement of the City and MARQUEE ON MEEKER LLC and their successors and assigns. 29. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original. (signatures follow) - 10 - Agreed this ____ day of , 20 . CITY OF KENT DEVELOPER, Mayor Title: Dated: Dated: ATTEST: City Clerk Print Name: Dated: APPROVED AS TO FORM: City Attorney Print Name: Dated: Attachments Attachment 1 Legal Description of Property Attachment 2 Short Plat Application Attachment 3 Project Design, Conceptual Plans and Elevations Attachment 4 Approved Project Phasing Plan Attachment 5 Required Major Public Infrastructure (as per Section 3)/Impact Fees (as per Section 6(d)) Attachment 6 Form of Limited Street Use License for parking in Meeker Street Right-of-Way Attachment 7 Form of Easement for Public Pedestrian Trail Attachment 8 Copy of DNS for the Project - 11 - STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day of , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known as the Mayor and City Clerk, for the City of Kent, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Kent, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of ___________, 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ___________________________ and ___________________________ [on behalf of the DEVELOPER], the person(s) who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person(s), for the uses and purposes therein mentioned, and [if the DEVELOPER is a corporation or other entity warranting authorized signatures] on oath stated that they are authorized to execute said instrument on behalf of said DEVELOPER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: - 12 - ATTACHMENT 1 51603836.4 ATTACHMENT 1 LEGAL DESCRIPTION OF THE PROPERTY ATTACHMENT 2 51603836.4 ATTACHMENT 2 SHORT PLAT APPLICATION (See Attached) NAME OF SHORT PLAT: APPLICATION NO: ACTION OF SHORT PLAT COMMITTEE: NUMBER OF LOTS APPROVED: ACTION DATE: EXPIRATION DATE: PLANNER: ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Matt Gilbert, AICP, Current Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S Kent, WA 98032-5895 RIVERBEND SHORT PLAT SP-20L7 -1 ; KIVA #RPSS-217022L APPROVAL WITH CONDITIONS EIGHT LOTS MAY 4t 2OL7 MAY 4,2021 JASON GARNHAM KENT WASHINGToN MEMO TO: PRELIMINARY SHORT SU BDIVISION APPROVAL May 4,2OL7 Brett Jacobsen II 2 The city has determined safety and general wel lands and habitat; pota that appropriate provisions have been made for the public health, fare of the community; protection of environmentally sensitive ble water supplies, sanitary wastes, and other public utilities and services; drainage ways; and the connectivity of streets, roads, sidewalks and pedestrian pathways within and between subdivisions and neighborhoods, The city has considered all other relevant facts of this application and has determined that the physical site characteristics are suitable for platting. The city has determined that the public use and interest will be served by the platting of the short subdivision subject to the following conditions of approval. Staff recommends approval of the Kent Acre Short Plat #SP-2016-2 with the following conditions. These conditions shall be in addition to any other conditions imposed by the Short Plat Committee. A. Prior to Recording this Short Subdivision: 1. The subdivider shall pay all known Charges in Lieu of Assessments and/or Latecomer Fees, if any. ATTACHMENT 2 Approval Memo Riverbend Short Plat SP-2017-1; KIVA #RPSS -2170221 2 3 The appl¡cant shall demonstrate that adequate water supply will available to provide the utility and fire suppression needs for proposed development, be any The applicant shall submit a final short plat map and conceptual development plans showing the following details: a) The Green River Trail and its vicinity placed in a separate tract, parcel, or easement that clearly expresses the right and responsibility for accessing and maintaining the facility and its environs by the City of Kent Parks and Recreation Department and for recreational use of the facility by the public. b) The levee and its future 500-year flood protection level placed in a separate tract, parcel, or easement that clearly expresses the right and responsibility for accessing, constructing, and maintaining it by the City of Kent Public Works Department and the King County Flood Control District. B. Prior to the issuance of a Building Permit on anv lot in this short subdivision, the owner/subdivider shall: 1. Establish the necessary property rights to construct improvements on Lots1-5 of the proposed short plat as contemplated in City-approved construction plans. Record the short plat. submit and receive city approval of street Improvement Plans for west Meeker Street as discussed in Section I.I, above, and as detailed in a binding development agreement or as approved by the City of Kent public Works Department. Submit and receive City approval of plans for the onsite water, sewer, and stormwater utilities, access driveways, recreation facilities, grading, erosion control, paving, landscaping, and other site improvements, consistent with Kent City Code and Kent Design and Construction Standards or as established in a binding development agreement. The applicant shall pay all transportation impact fees, school impact fees, parks mitigation fees, Storm Water Utility connection fees, and any other mitigation fees applicable by code or as detailed in a binding development agreement. Prior to Citv acceotance of public infrastructure improvements, the developer/ subdivider shall dedicate the required right-of-wav and grant the oublic and private easements, covenants, and agreements for any constructed public improvements. 2 3 4 5 c Page 2 of 3 Approval Memo Riverbend Short Plat SP-2017 -t ; KIVA #RPSS -217 0221 RECORDING The above conditions must be met before the short plat can be finalized and recorded, Please refer to City of Kent Final Short Subdivision Application, The short plat does not become effective unt¡l such time it is recorded with the King County Auditor's Office. You have forty-eight months in which to do this. If the short plat is not recorded within forty- eight months of the above date of approval, it shall become null and void. APPEAL OF SHORT SUBDTVTSTON COMMITTEE DECTSTON (KCC 12.O4,19O) The decision of the shott subdivision committee shall be final, unless an appeal by a party of record is made to the hearing examiner within fourteen (14) calendar days after the short subdivision committee's decision. The appeal shall be in writing and shall be processed pursuant to chapter 2.32 and 12,01 KCC. The decision of the hearing examiner shall represent final action of the city and is appealable only to the superior court. Such appeal must be filed with the superior court withi twenty-one (21) calendar days from the date the decision was issued. lv\Rv to, z-ol1 Matt Gilbert, AICP, Current Planning Manager Chair, Shoft Subdivision Committee JG:as\S;\Permit\Plan\shortplats\2017\2170221sp-approval-Riverbend Short Plat.doc cc: Matt Gilbert, Planning Sharon Clamp, Planning Katie Graves, Planning Kevin Varao, Fire Prevention Brennan Taylor, Development Engineering Manager Tom Brubaker, City Attorney Brian Levenhagen, Parks and Planning Jack Ottini, LUPB Pete Peterson, Golf Operations Superintendent Jessica Clawson, Contact Brett Jacobsen, Applicant John McKenna, Parties of Record Riverbend Golf Task Force, Parties of Record Riverbend Men's Club, Parties of Record Riverbend Ladies Golf Association, Parties of Record First Tee of Greater Seattle, Part¡es of Record Douglass Youth Golf Club, Pafties of Record Par 3 Golf Course, Parties of Record Phil and May Ann Hopkins, Parties of Record Helen Owens, Parties of Record Date Page 3 of 3 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Matt Gilbert, AICP, Current Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 STAFF REPORT FOR SHORT SUBDIVISION COMMITTEE MEETING OF MAY 4, 2017 FILE NO: RIVERBEND SHORT PLAT SP-2017-1; KIVA #RPSS-2170221 APPLICANT: Brett Jacobsen FNW, Inc. 2711 West Valley Hwy N #200 Auburn, WA 98001 Jessica Clawson (Agent) 701 5th Ave, #6600 Seattle, WA 98104 jclawson@mhseattle.com REQUEST: The applicant proposes to subdivide one 24-acre parcel into eight separate lots. The City is in the process of reviewing a proposed development whereby the par 3 golf course and concessions building will be removed and replaced with a mixed-use development. The three new lots located at the eastern portion of the site would continue to be owned by the City and occupied by the current City park facility. This short plat covers only platting of the property and does not include any proposed development. The property is zoned GC-MU, General Commercial - Mixed Use. PLANNER: Jason Garnham STAFF RECOMMENDATION: Approval with conditions I. FINDINGS OF FACT A. The applicant proposes to subdivide one 24-acre parcel into eight separate lots. The project is located at 2030 West Meeker St., and is identified as King County parcel number 2322049011. Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 2 of 14 B. The subject property is currently owned by the City of Kent. The western portion of the subject property is developed with a par 3 golf course facility and a concessions building. The eastern portion of the subject property is developed with a golf driving range facility, a mini golf facility, and an accessory concessions and shelter building. It is anticipated that the par 3 golf course and concessions building at the western portion of the property will be demolished and replaced by a mixed use development. The driving range, mini golf, and associated shelter building will remain and continue to operate as a City park facility. C. Rezoning and subdivision of the property and sale of the Par 3 golf course portion of the site as a City surplus property was evaluated by the City through completion of a SEPA environmental checklist in 2014 (ENV-2014-22). A Determination of Nonsignificance was issued by the City’s SEPA official on July 19, 2014. The Kent City Council voted to approve the rezoning of the site in preparation for future surplus and sale of the Par 3 golf course during the regularly scheduled meeting on August 19, 2014. The short plat is a categorically exempt action under SEPA, although the SEPA analysis for the property surplus and rezoning of the site also contemplated an eight-lot short plat. Future development as well as any development agreement will undergo a separate SEPA analysis D. The property is zoned GC-MU, General Commercial – Mixed Use. The GC-MU zoning district allows residential uses when located within a mixed use development and has a required minimum lot area of 10,000 square feet. The proposed short subdivision complies with the minimum lot area requirements as follows: Lot # Area (S.F.) 1 80,667 2 512,115 3 76,002 4 344,667 5 104,272 6 320,788 7 35,487 8 95,924 E. The site is adjacent to the Green River, a shoreline of statewide significance, and all parts of the site located within 200 feet of the ordinary high water mark of the Green River are within shoreline jurisdiction. Development within the shoreline jurisdiction area is subject to the regulations of the City of Kent Shoreline Master Program. Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 3 of 14 The shoreline environmental designation of the portions of the site that are within shoreline jurisdiction is Urban Conservancy – Open Space. The purpose of the Urban Conservancy – Open Space environment is to protect and restore ecological functions in urban and developed settings while allowing public access and a variety of park and recreation uses. Subdivision of land is permitted within the Urban Conservancy – Open Space shoreline environment only where it is determined by the City to be for a public purpose. Conceptual development plans submitted with the short plat application demonstrate that development of the proposed lots in accordance with the shoreline master program regulations is feasible. All of the lots in the proposed short plat contain substantial developable area that is more than 200 feet from the OHWM of the Green River and, thus, outside of the shoreline jurisdiction. Any facilities to be developed within the shoreline area shall be in accordance with the shoreline master program. Review and approval of a Shoreline Substantial Development Permit application will be required prior to construction of any improvements within the shoreline jurisdiction area. F. The City of Kent GMA Comprehensive Plan Land Use Map designates the property as MU Mixed Use. The MU designation allows retail, office, and multifamily residential uses together in the same area, provided that residential development must be a component of a retail or office development. The zoning designation and the Comprehensive Plan designation are consistent. G. As required by KCC 15.09.046, development on the proposed lots is subject to downtown design review and will require submittal and approval by the City of a Downtown Design Review application. H. Development on the proposed lots is subject to the lot coverage limitations and the front, side, and rear yard setbacks required by KCC 15.04.200 for the GC-MU zoning district. I. A King County Metro bus stop serving four bus routes is located adjacent to the property on Meeker St. Relocation or construction of improvements such as an ADA landing pad extension and a concrete shelter foundation may be required in conjunction with adjacent right- of-way improvements. Coordination with King County Metro staff will be required during civil construction permit review. J. Primary access from the five newly created lots is anticipated to be from new private driveways connecting to West Meeker St. at two new access points. West Meeker Street is classified as a Minor Arterial in the City of Kent Transportation Master Plan. The existing access to the Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 4 of 14 Colony Park Apartments from W. Meeker St. will remain within its existing easement across the proposed Lot 5. Lots 6, 7, and 8 will remain as currently developed City of Kent Parks and Recreation facilities and continue to access West Meeker St. via existing driveways. K. The existing asphalt pavement section of the adjacent portions of West Meeker St may be inadequate to provide an expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. The adjacent section of West Meeker St is not constructed to current design standards. The developer may be required to overlay/ reconstruct the pavement along this frontage to provide a 20 year service life as required by the Design and Construction Standards. L. The City of Kent is currently establishing revised design standards for the West Meeker Street corridor that seek to promote a broader mix and higher intensity of land uses and improve safety and attractiveness for pedestrians along the portions of West Meeker Street between the Green River and downtown Kent. While these standards have not yet been finalized or adopted, the developer will be required to install street improvements in the West Meeker St. right- of-way adjacent to the development substantially in conformance with these plans. M. An existing multifamily residential development known as the Colony Park Apartments is located within the site of the proposed short plat and is identified as a separate King County Assessor parcel numbered 1699950000. The existing driveway access for the apartment complex is located outside of the access easement area identified in the title report provided by the applicant. Future relocation of the easement or the access driveway shall be negotiated and agreed upon by the applicant and the owners of the Colony Park Apartments. N. The portion of the Green River Trail located on the subject site is a public recreation facility that is currently owned and maintained by the City of Kent Parks and Recreation Department. Plans submitted with the preliminary short plat application show this portion of the Green River Trail to be in private ownership where it lies within the proposed Lots 2, 4, and 5. City of Kent Parks and Recreation Department staff requested that the Green River Trail and its vicinity be placed in a separate Tract to establish clear City ownership of and public access to this recreation facility. O. Portions of the Green River levee, a City of Kent facility designed and constructed to minimize flooding of developed areas by the Green River, are located on the subject site. The City of Kent Public Works Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 5 of 14 department is responsible for maintaining the levee in cooperation with the King County Flood Control District. Kent Public Works staff stated that portions of the levee located on the subject site will be raised to a 500-year flood protection level at an undetermined time in the future, and requested that the levee and its vicinity be placed in a separate tract or easement establishing City rights to or reserving City ownership of the levee and its vicinity to access, maintain, or reconstruct the levee. P. A water capacity analysis conducted by PACE engineering, consultants for the City of Kent, found that the existing water supply may be inadequate to serve the anticipated mixed use development. Provision of water supplies that are adequate for fire suppression and the needs of any development of the site shall be demonstrated prior to final short plat approval. Q. The following departments and agencies were notified of this short subdivision application: City Departments/Agencies Public Works Department Fire Department Parks and Recreation Department Economic Development City Attorney City Clerk Police Department Law Department Other Agencies Puget Sound Energy CenturyLink King County Environmental Health Public Health Seattle/King County King County Wastewater Division Kent School District U. S. Postal Service King County Transit Division Washington State Department of Ecology State Office of Archaeology & Historic Preservation Muckleshoot Tribe Duwamish Tribe U.S. Army Corps of Engineers Washington Department of Fish and Wildlife Washington State Department of Transportation Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 6 of 14 Parties of Record affiliated with the Riverbend Golf Course and associated organizations: RIVERBEND GOLF TASK FORCE: Michael Johnson, mwgolfjohnson@aol.com Brayden Siems, Brayden.seims@gmail.com Mary Ryan, marypatryan@comcast.net Pete Petersen, rpetersen@kentwa.gov Riverbend Mens Club: David Fairbairn, uspslc18@comcast.net Brian Boyle, Brian.boyle@dcgone.com Paul Lucien, paulgolf72@msn.com Riverbend Ladies Golf Association: Kathy Kay, golf4two@comcast.net June Secreto, rjsecreto@comcast.net First Tee of Greater Seattle: Evan Johnsen, evan@thefirstteeseattle.org Jared Myers, jaredmmyers@comcast.net Douglass Youth Golf Club: Larry Tukes, L.tukes@comcast.net Par 3 Golf Course: Ed James, ed.james@comcast.net In addition, property owners within 200 feet of the proposed short plat were notified of the proposal via the official Notice of Application, which was mailed, published and posted on the site on January 27, 2017. Verbal comments were received from Mary Ann Hopkins, resident and property manager of the Colony Park Apartments located between lots 4 and 5 of the proposed short plat. Mrs. Hopkins expressed concern about the visual impacts from development and the potential impacts on privacy and security for residents of Colony Park Apartments. She also expressed concern that development might lead to an increase in traffic on West Meeker St, and that the number of drivers using the Colony Park Apartments driveway might also increase. Any proposed development will be required to provide perimeter and parking lot landscaping and fencing meeting the requirements of KCC 15.07 and the Downtown Design Guidelines, which will minimize the visual and privacy impacts to the Colony Park Apartments residents of development. Retention of the existing mature trees located along the western perimeter of the Colony Park Apartments property would further buffer development from existing residents. Closure of the existing access between the par 3 golf course concessions building and the Colony Park Apartments driveway and adding new access points to connect West Meeker St with any Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 7 of 14 proposed development would limit the number of drivers using the Colony Park Apartments driveway. Frontage landscaping, signage, and roadway improvements would demarcate any new development and prevent confusion for drivers entering the site. R. As required by Section 12.04.180 KCC the City shall not approve a short subdivision unless the appropriate provisions have been made for the following areas: 1.Public health, safety and general welfare of the community: As proposed, the public health, safety, and general welfare of the community are protected and provided for by compliance with all relevant development regulations pertaining to this application for a short subdivision. By implementation of all required development regulations, the applicant for any development will provide a safe, orderly and beneficial development. Development on the proposed lots as shown on the conceptual plans provided with the short plat application will have incremental impacts on public facilities and services. The applicant for any development on these lots will be required to pay all transportation impact fees, school impact fees, parks mitigation fees, Storm Water Utility connection fees, and any other mitigation fees applicable by code or as detailed in a binding development agreement. 2.Protection of environmentally sensitive lands and habitat: Portions of the proposed short plat are adjacent to the Green River and are within the Shoreline Master Program jurisdiction area. Impacts to the Green River and shoreline area are anticipated to be minimal, as conceptual development plans provided with the preliminary short plat application show the anticipated buildings, streets, and parking areas to be located more than 200 feet from the ordinary high water mark of the Green River, outside of the shoreline jurisdiction area and landward of the Green River levee, which was reconstructed in 2008. The conceptual development plans that the applicant submitted with the short plat application show construction of trails and associated parking areas connecting development and the public sidewalk on W. Meeker St. to the Green River Trail within the shoreline jurisdiction area. Any such improvements shall be designed and constructed in accordance with the Shoreline Master Program and will require City review and approval of a Shoreline Substantial Development Permit. Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 8 of 14 3.Potable water supplies: The owner/subdivider will be responsible for providing potable water to development on Lots 1-4 and any future development on Lot 5. This will require the abatement of any wells located on the site in accordance with Department of Ecology standard procedures. The site is served by Kent Public Works and water is available to serve the new development. Lots 6, 7, and 8 are already developed with City of Kent parks facilities, for which adequate water is already provided. 4.Sanitary wastes: The owner/subdivider will be responsible for providing public sewer to development on newly created lots 1-4 and any future development on Lot 5. Any existing septic systems shall be abandoned in accordance with King County Health Department regulations. Sanitary sewer is available to the site via connection to the King County Metro sewer trunk line. An extension of a City sewer main connecting to the King County Metro sewer main will be required for development plan approval. Lots 6, 7, and 8 are already developed with City of Kent parks facilities, for which adequate sewer service is already provided. 5.Other public utilities and services as deemed necessary: The owner/subdivider shall be responsible for providing electricity, natural gas, telephone, cable and other applicable utilities and services to development on newly created Lots 1-4 and any future development on Lot 5. The applicant is responsible for contacting each agency separately for more information. Lots 6, 7, and 8 are already developed with City of Kent parks facilities, for which adequate utilities and services are already provided. Water supply may be inadequate to provide required fire suppression. The applicant shall demonstrate that adequate fire flow will be available to serve any proposed development on the site per the applicable fire codes. This analysis will be provided in conjunction with review of civil construction permits. 6.Drainageways and stormwater detention: Surface water runoff from the site drains to the Green River Natural Resources Area, an existing City regional stormwater facility which will provide flow control and water quality treatment from the development of lots 1-5 as shown on the Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 9 of 14 conceptual development plans submitted with the preliminary short plat application. A downstream analysis conducted by Anchor Environmental Consultants concluded that the downstream conveyance systems north of West Meeker Street have the capacity to receive the runoff that is anticipated from the development shown on the conceptual plans submitted with the preliminary short plat application. Detention and filtration of stormwater on-site may be required due to the limited capacity of conveyance facilities located along West Meeker Street. Roof downspouts for each roofed structure (house, garage, carport, etc.) will be diverted to a Roof Downspout Control meeting the requirements of Section 5.1 of the 1998 Surface Water Design Manual or as directed by the City’s Development Review Manager. These roof downspout controls shall include overflow pipes connected to an approved stormwater flow control facility, or a dispersion system if no formal flow control facility exists or is required. 7.Community parks and recreation; neighborhood tot lots and play areas: Kent City Code section 12.04.060 requires development of onsite recreation space or payment of a fee in lieu of development of recreation space within all subdivisions located in single-family residential zones to mitigate the impacts of new development upon existing parks and recreation facilities. The proposed short plat is located in a GC-MU general commercial – mixed use zoning district, which is not a single family zoning district. Therefore, this requirement shall not apply to this short plat. The Green River Trail is an existing City of Kent Parks and Recreation facility. Those portions of the Green River Trail located on the proposed Lots 1-5 shall remain a City-owned and maintained public facility. Recording of an easement or creation of a separate tract establishing City rights to or reserving City ownership of the Green River Trail will be required prior to recordation of the short plat or prior to issuance of permits for construction. The conceptual development plans that the applicant submitted with the preliminary short plat application show three new pedestrian and bicycle trail facilities connecting the development and the sidewalk on West Meeker St to the Green River Trail. 8.Schools and school grounds: Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 10 of 14 The subject property is within the boundaries of the Kent School District. Pursuant to Kent City Code Section 12.13, a school impact fee will be collected for each residential unit within any development. School impact fees are assessed upon submittal of building construction permits for each building, to be collected upon permit issuance. 9.Transit stops: The vicinity of the project site is currently served by the King County Department of Metropolitan Services (METRO). The nearest bus stop is located on W. Meeker St, immediately adjacent to the northern portion of the subject property. The applicant shall coordinate with King County Metro to determine if improvements are needed to the existing bus stop such as an ADA landing pad extension behind the sidewalk and/or a concrete shelter foundation for Metro’s installation of an official Metro bus shelter. If any of the improvements requested by Metro are to be constructed, construction plans shall show these improvements, and the applicant for development shall construct the improvements in conjunction with any civil construction permit. 10.Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services: The existing sidewalk along the property’s frontage on the south side of West Meeker St shall be removed along the proposed Lots 1-5 and replaced with a multi-use path, providing pedestrian connectivity for Lots 1-5 along the south side of West Meeker Street. The existing sidewalk on the south side of W. Meeker St. located along the proposed Lots 6-8 will continue to provide pedestrian connectivity for the three eastern lots of the proposed short plat and the existing City of Kent Parks and Recreation facilities. Development of new trail connections to the Green River Trail would provide additional connectivity and safety for bicyclists and pedestrians. 11.Connectivity of streets, alleyways and other private and public ways for vehicular and pedestrian circulation and access in and between subdivision and neighborhoods, where feasible: New development shall provide access to West Meeker St. per City Design and Construction Standards at the time of development plan review. Further connectivity to other public Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 11 of 14 streets is infeasible because the site of the proposed development is bound on the west and south by the Green River and bound on the east by the Colony Park Apartments development. Proposed Lot 4 does not have direct access to West Meeker St. Access easements or tracts providing connectivity for all lots in accordance with City Design and Construction Standards shall be shown on plans for final short plat approval. 12. Building lots and street access configured to support the construction of homes with diminished garage doors such that no less than fifty (50) percent of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage setback no less than ten (10) feet from the front façade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager: Development on the proposed lots is subject to the development standards for mixed use development in GC-MU zoning districts, and is also subject to Downtown Design Review per KCC 15.09.046. The diminished garage requirement applies only to single family residences. 13. Landscape buffering along all frontage streets of the subdivision that do not provide the new lots with direct vehicular access: A minimum of five feet of Type III landscaping is required along the perimeter of properties in GC zoning districts along the frontage of an abutting street. Development shall also comply with other landscaping requirements of Kent City Code and the Downtown Design Guidelines. Lots numbered 6, 7, and 8 are proposed to remain in City of Kent Parks and Recreation Department ownership. Lots 6 and 7 will remain developed in their present condition and continue to operate as golf driving range, mini golf, and concessions facilities. Lot 8 is proposed to remain vacant and undeveloped. Perimeter landscaping as required by Kent City Code will be provided at the time of future development of this property prior to issuance of construction permits. II. CONCLUSIONS The City of Kent has reviewed the Riverbend Short Plat #SP-2017-1 and concludes the following: Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 12 of 14 A. Zoning Code Compliance All lots comply with the minimum lot size requirements, and other regulations pursuant to the GC-MU General Commercial – Mixed Use zoning district. B. Subdivision Code Compliance Section 12.04.180 of the Kent Subdivision Code sets forth criteria for approval of a short subdivision. Based on the findings of fact detailed in Section I and in conjunction with the conditions specified in Section III, the application will conform to the criteria set forth in Section 12.04.180 KCC and RCW 58.17. C. State of Washington Growth Management Act Compliance with City of Kent's 'Public Works Ordinance' and the State of Washington's Growth Management Act will require concurrent improvements or the execution of binding agreements by the owner/subdivider with the City of Kent, for participation in future public improvement projects of roadways, pedestrian and bicycle circulation systems, intersection and intersection traffic signals, stormwater detention, stormwater treatment, and stormwater conveyance, utility, sanitary sewage, and domestic potable water systems. Additional incremental, but cumulatively significant, impacts will be created to stormwater quantity, stormwater quality, stormwater detention and conveyance facilities, utility transmission facilities, sanitary sewage and domestic potable water conveyance systems. D. Comprehensive Plan The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth Management Act (Ordinance #4163 dated September 2015). The goals and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area. The Comprehensive Plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner and City departments to guide decision-making relative to development and capital facility spending. The proposed short plat is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, in-fill development provides a more efficient means of providing services and enhancing pedestrian Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 13 of 14 mobility. Also, one of the objectives of the Comprehensive Plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential. Development of a mix of commercial and residential uses on general commercial mixed use zoned land is consistent with this objective. E. Shoreline Master Program Land subdivision is permitted within the Urban Conservancy-Open Space shoreline designation where the City determines that it is for a public purpose. Portions of the proposed short plat are adjacent to the Green River and are within the Shoreline Master Program jurisdiction area. The Kent City Council voted to approve the surplus of the property and rezoning of the site by adopting Ordinance 4120 during its regularly scheduled meeting on August 19, 2014. The City proposes to use the proceeds of the sale of the par 3 course to supplement or add value to the 18-hole Riverbend course, which is a public course. Additionally, a condition of approval of this preliminary short plat requires recording of an easement or creation of a separate tract or parcel establishing City rights to or reserving City ownership of the Green River Trail. The applicant will be required to submit and receive City approval of a Shoreline Substantial Development permit application complying with the requirements of the City of Kent Shoreline Master Program for any development proposed within 200 feet of the ordinary high water mark of the Green River. III. DECISION Staff recommends approval of the Riverbend Short Plat #SP-2017-1 with the following conditions. These conditions shall be in addition to any other conditions imposed by the Short Plat Committee. A.Prior to Recording this Short Subdivision: 1.The subdivider shall pay all known Charges in Lieu of Assessments and/or Latecomer Fees, if any. 2.The applicant shall demonstrate that adequate water supply will be available to provide the utility and fire suppression needs for any proposed development. 3.The applicant shall submit a final short plat map and conceptual development plans showing the following details: a)The Green River Trail and its vicinity placed in a separate tract, parcel, or easement that clearly expresses the right and responsibility for accessing and maintaining the facility and its Staff Report Riverbend Short Plat SP-2017-1 KIVA #2170221 Page 14 of 14 environs by the City of Kent Parks and Recreation Department and for recreational use of the facility by the public. b)The levee and its future 500-year flood protection level placed in a separate tract, parcel, or easement that clearly expresses the right and responsibility for accessing, constructing, and maintaining it by the City of Kent Public Works Department and the King County Flood Control District. B. Prior to the issuance of a Construction Permit on any lot in this short subdivision, the subdivider shall: 1.Establish the necessary property rights to construct improvements on Lots 1-5 of the proposed short plat as contemplated in City- approved construction plans. 2.Record the short plat. 3.Submit and receive City approval of Street Improvement Plans for West Meeker Street as discussed in Section I.I, above, and as detailed in a binding development agreement or as approved by the City of Kent Public Works Department. 4.Submit and receive City approval of plans for the onsite water, sewer, and stormwater utilities, access driveways, recreation facilities, grading, erosion control, paving, landscaping, and other site improvements, consistent with Kent City Code and Kent Design and Construction Standards or as established in a binding development agreement. 5.The applicant shall pay all transportation impact fees, school impact fees, parks mitigation fees, Storm Water Utility connection fees, and any other mitigation fees applicable by code or as detailed in a binding development agreement. C. Prior to City acceptance of public infrastructure improvements, the developer/ subdivider shall dedicate the required right-of-way and grant the public and private easements, covenants, and agreements for any constructed public improvements. KENT PLANNING SERVICES May 4, 2017 JG\as\C:\Users\rogeb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R92ES45C\2170221_SP-2017-1_Riverbend_staffreport_final.doc ATTACHMENT 3 51603836.4 ATTACHMENT 3 DESCRIPTION OF PROJECT (including design review, conceptual plan and elevations) (See Attached) with RIVERBEND GATEWAY DEVELOPMENT SITE - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 A15312.01 GROUND---OWNER 1" = 50'-0"1 GROUND LEVEL Plans: Ground Floor RETAIL LOBBY / HORIZONTAL CIRCULATION VERTICAL CIRCULATION PARKING STORAGE UTILITY RETAIL RETAIL RETAIL RETAIL LOBBY LOBBY TRASH TRASH PARKING PARKING BIKES BIKES 0’25’50’100’ - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Plans: Podium Level 2 AMENITY / HORIZONTAL CIRCULATION VERTICAL CIRCULATION STORAGE 2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO 0’25’50’ PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 B15312.01 R-1---OWNER 1" = 50'-0"1 RESIDENTIAL - L1 - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Plans: Podium Level 3 AMENITY / HORIZONTAL CIRCULATION VERTICAL CIRCULATION STORAGE 2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 C15312.01 R-2---OWNER 1" = 50'-0"1 RESIDENTIAL - L2 0’25’50’ - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Plans: Podium Level 4 AMENITY / HORIZONTAL CIRCULATION VERTICAL CIRCULATION STORAGE 2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 D15312.01 R-3---OWNER 1" = 50'-0"1 RESIDENTIAL - L3 0’25’50’100’ - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Plans: Podium Level 5 AMENITY / HORIZONTAL CIRCULATION VERTICAL CIRCULATION STORAGE 2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 E15312.01 R-4---OWNER 1" = 50'-0"1 RESIDENTIAL - L4 0’25’50’100’ - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium 20 ’ - 0 ” 10 ’ - 0 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” MAX ALLOW. HT. LEVEL 5 +92’-0” 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” MAX ALLOW. HT. 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 F1 F1 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) B1 A1 D1 D1 D2 E3 - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium 20 ’ - 0 ” 10 ’ - 0 ” MAX ALLOW. HT. 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” MAX ALLOW. HT. 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ A1 B1 B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 D1 D2 F1 F1 E3 FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium B1 20 ’ - 0 ” 10 ’ - 0 ” MAX ALLOW. HT. 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” MAX ALLOW. HT. 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. A1 B1 B1 B1 B1 B1 C1 C1 C1 C1C1 D1 D1 D1 D2 F1 F1 E3 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium 20 ’ - 0 ” 10 ’ - 0 ” MAX ALLOW. HT. 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. B1 A1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 D1 D2 F1 F1 E3 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium 20 ’ - 0 ” 10 ’ - 0 ” MAX ALLOW. HT. 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” MAX ALLOW. HT. 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. B1 A1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 F1 F1 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Elevations: Podium 20 ’ - 0 ” 10 ’ - 0 ” MAX ALLOW. HT. 10 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 4 ” 7’ - 8 ” LEVEL 1 +42’-0” LEVEL 2 +62’-0” LEVEL 3 +72-0” LEVEL 4 +82-0” TOS +102’-4” LEVEL 5 +92’-0” 0’10’20’40’ FIBER-CEMENT, GREY FIBER-CEMENT, BROWN FIBER-CEMENT, NAVY FIBER-CEMENT, WHITE FIBER-CEMENT, TAUPE BRICK CONCRETE WOOD SIDING Y NOTE: BLDG X SIM. B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 F1 F1 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS (b) B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS (c, d, h, i, k, l) C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS (b, c, d, f) D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS (a, c, e) 2. HISTORIC DISTRICT BUILDING DETAILS (c, h, i) E. MATERIALS & COLORS: 2. USE COMPATIBLE BUILDING MATERIALS (c, d) 3. APPROPRIATE MATERIALS TO BLEND W/ HISTORIC DIST. (a) F. BLANK WALLS: 1. DESIGN TREATMENT (a, b) B1 A1 D1 D1 D2 E3 - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW W. MEEKER STREET Site Design A3 A3 A3 A4 A5 A5 B1 B2 B3 B3 B4 B4 B5 B5 B6 B6 B6 B7 B7 B7 B7 B7 B7 C2 C2 C2 C3 C2 D1 D2 D2 D2 D3 D2 D5 D5 D5 D5 E1 B7 D1D3 B3 B3 B5 B2 A. STREET RELATIONSHIP: 3. SIDEWALKS & STREETSCAPE FEATURES 4. PROMINENT BUILDING ENTRANCES 5. STREET CORNERS B. PEDESTRIAN ENVIRONMENT: 1. PEDESTRIAN WEATHER PROTECTION 2. PEDESTRIAN-FRIENDLY BUILDING FACADES 3. PEDESTRIAN AREAS AT BUILDING ENTRIES 4. ACCESS TO MAIN BUILDING ENTRY 5. PEDESTRIAN ACTIVITY AREAS 6. LANDSCAPE COMPONENTS 7. GENERAL PEDESTRIAN AMENITIES C. SITTING & SCREENING OF SERVICE & PARKING FACILITIES: 1. SCREENING OF INCOMPATIBLE ACTIVITES 2. PARKING LOT FACILITIES 3. PARKING LOT LANDSCAPING D. SITE DESIGN FOR SAFETY: 1. PEDESTRIAN SAFETY 2. EYES ON THE STREET 3. LIGHTING 4. SAFE LANDSCAPE DESIGN 5. QUALITY OF SITE FURNISHINGS AND FEATURES E. RESIDENTIAL OPEN SPACE: 1. FUNCTIONAL OPEN SPACE Note: The rendered outdoor patio design, furniture, lighting and fixtures are depicted to show potential tenant features and design intent. These are subject to change based on the needs of the actual commercial tenant, and are not guarenteed components of the design. W. MEEKER STREET - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW LEVEL 1 ROOF DECK/ PATIO DECK/ PATIO LEVEL 1 (LEVEL 2+3 SIMILAR) LEVEL 2+3 Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Urban Quad 1 B3 3BR | 2BA A1 1BR | 1BA A1 1BR | 1BA B3 3BR | 2BA FR RSR PATIO PATIO PATIO PATIO B3 3BR | 2BA A1 1BR | 1BA A1 1BR | 1BA B3 3BR | 2BA DECK DECK DECK DECK PROJECT NUMBER 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comc o p y r i g h t c 2 0 1 6 R115314.01 3BR + 2BA & 1BR + 1BALake Wilderness Mixed Use Itty Bitty, Big & Bouncy LEVEL 1 LEVEL 2+3 ROOF 0’10’20’40’2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO 3 BED / 2 BATH - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW LEVEL 1 ROOFLEVEL 2+3 Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Urban Quad 2 B3 3BR | 2BA A1 1BR | 1BA | DEN A1 1BR | 1BA | DEN FR RSR PATIO PATIO PATIO PATIO B3 3BR | 2BA B3 3BR | 2BA A1 1BR | 1BA | DEN A1 1BR | 1BA | DEN B3 3BR | 2BA DECK DECK DECK DECK PROJECT NUMBER ARCHITECTURE PLANNING CONSULTING 2001 WESTERN AVE, SUITE 200 SEATTLE, WA 98121 tel: 206.587.3797 / fax: 206.587.0588 / www.studioms.comco p y r i g h t c 2 0 1 6 R215314.01 URBAN QUAD 2Lake Wilderness Mixed Use Itty Bitty, Big & Bouncy LEVEL 1 LEVEL 2+3 ROOF 0’10’20’40’2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO 3 BED / 2 BATH - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW LEVEL 1 LEVEL 2+3 ROOF Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Urban Quad 3 B0 2BR | 2BA B1 2BR | 2BA B1 2BR | 2BA B0 2BR | 2BA FR RSR PATIO PATIO PATIO PATIO PRESENTATION SCHEME B0 B1 FR B0 2BR | 2BA B1 2BR | 2BA B1 2BR | 2BA B0 2BR | 2BA DECK DECK DECK DECK PROJECT NUMBERgh t c 2 0 1 6 LEVEL 1 LEVEL 2+3 ROOF 0’10’20’40’2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO 3 BED / 2 BATH - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Urban Quad 4 B3 3BR | 2BA B2 3BR | 2BA B2 3BR | 2BA B3 3BR | 2BA FR RSR PATIO PATIO PATIO PATIO B3 3BR | 2BA B3 3BR | 2BA B3 3BR | 2BA B3 3BR | 2BADECK DECK DECK DECK PROJECT NUMBERri g h t c 2 0 1 6 R4Lake LEVEL 1 LEVEL 2+3 ROOFLEVEL 1 LEVEL 2+3 ROOF 0’10’20’40’2 BED / 2 BATH 1 BED + DEN / 1 BATH 1 BED / 1 BATH URBAN 1 BEDROOM STUDIO 3 BED / 2 BATH - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Building: Urban Quad 1 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS 2. HISTORIC DISTRICT BUILDING DETAILS 1 2 3 4 0’10’20’40’ B1B1 B1 D1 C1 C1 C1 C1 B1 C1 C1 B1 C1 D1B1 C1 C1 C1 C1 B1 C1 C1 D1B1 C1 C1 C1 B1B1 B1 D1C1 C1 C1 C1 B1 C1 C1 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Building: Urban Quad 2 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS 2. HISTORIC DISTRICT BUILDING DETAILS 1 2 3 4 0’10’20’40’ B1B1 B1 D1 C1 C1 C1 C1 B1 C1 C1 B1 C1 B1 C1 C1 C1 B1 C1 C1 B1 C1 C1 B1 B1 D1 C1 C1 C1 C1 B1 C1 D1 D1 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW Riverbend Gateway Development Site | DESIGN REVIEW PACKET | APRIL 5, 2017 Building: Urban Quad 3 A. BUILDING CONCEPT: 1. ARCHITECTURAL ELEMENTS B. HUMAN SCALE & PEDESTRIAN ORIENTATION: 1. BUILDING ELEMENTS C. ARCHITECTURAL SCALE: 1. SCALE OF LARGE BUILDINGS D. BUILDING DETAILS & ELEMENTS: 1. APPROPRIATE BUILDING DETAILS 2. HISTORIC DISTRICT BUILDING DETAILS 1 2 3 4 0’10’20’40’ B1 B1 C1 C1 C1 C1 B1 C1 C1 B1 C1 C1 B1 C1 C1 B1 C1 B1 B1 D1 C1 C1 C1 C1 B1 C1 D1 D1 C1 D1 D1 C1 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” 10 ’ - 0 ” 10 ’ - 0 ” 19 ’ - 0 ” LEVEL 1 LEVEL 2 LEVEL 3 T.O. ROOF 39 ’ - 0 ” - ATTACHMENT 3 - DRAFT PENDING PERMIT REVIEW ATTACHMENT 3 Meet Me on Meeker Conceptual Design 1 OF 6 ATTACHMENT 3 Meet Me on Meeker Design Elements Pgs. 1-6 2 OF 6 3 OF 62 OF 6 4 OF 6 5 OF 64 OF 6 6 OF 6 DEVELOPMENT AGREEMENT ATTACHMENT 3 MARQUEE ON MEEKER INTERIOR DESIGN DETAILS The project will provide a selection of high quality interior materials and finishes that residents expect in this elevated market segment. FNW is committed to presenting Marquee on Meeker as a unique opportunity for renters to surround themselves in modern, sophisticated and durable interiors. The project interior finish package will include premium wood cabinets, stainless steel appliances, quartz/granite countertops, under-mount stainless steel sinks, and pendant lighting above the bar in the kitchen. All units will include a washer and dryer and have painted millwork throughout. Vinyl plank flooring will be used in the kitchens, bathrooms and living rooms and bedrooms will be carpeted. ATTACHMENT 4 51603836.4 ATTACHMENT 4 Approved Project Phasing Plan (See Attached) 1 A C B E G D F H J K L N Y M P S Q R U T V W X Ri v e r b e n d G a t e w a y P r o j e c t P h a s i n g P l a n 2 51621351.1 ATTACHMENT 5 REQUIRED MAJOR PUBLIC INFRASTRUCTURE (AS PER SECTION 3)/IMPACT FEES (AS PER SECTION 6(d)) 1. Major Public Infrastructure (Section 3).  Water: 12” public water main loop through the site connecting to existing 16” steel water main in Meeker Street (note: This water main extension will provide 2100 gpm. If fire flow demands are more than 2100 gpm, additional public water main extensions will be necessary)  Sewer: Connection to the King County Metro trunk line in Meeker Street as allowed/required by King County. The public portion of the system will be from the Metro tie-in to the first Manhole. Sewer extensions on-site to serve the buildings within the development will be privately owned and maintained.  Storm Drainage: On site storm water system will connect to the 36-inch diameter public drainage system on the north side of Meeker Street. Pipes and structures installed within the Meeker Right-of-Way will be owned and maintained by the city. Storm Drainage infrastructure extensions on-site will be privately owned and maintained.  Frontage improvements to Meeker Street (including street lighting, median landscaping within Meeker and raised crosswalk and appurtenances) as described in more complete detail in Section 6(b) of the Development Agreement. Execution of a limited street license is required for private improvements located within the right-of-way. Right-Of- Way dedication for the frontage improvements is required along the eastern portion of the Marquee on Meeker frontage.  Pedestrian connection from the path on Meeker Street to the Green River trail: As defined in Section 16 of the Development Agreement. 2. Project Impact Fees (Section 6(2)).  Fire: Project is vested to fire impact fees in effect as of the effective date of this Agreement to extent allowed by law.  Schools: Project is vested to school impact fees in effect as of the effective date of this Agreement to extent allowed by law.    Transportation: The total Transportation Impact Fee (TIF) due for the Project is $761,837.83, plus a one percent (1%) administrative fee. Developer has agreed to construct the MMOM improvements as a public benefit. In consideration of this public 51621351.1 benefit, a portion of the cost of the MMOM improvements shall be offset by a TIF credit in the amount of $500,000. Specifically, the City agrees that the TIF credit of $500,000 is in consideration of the MMOM improvements that would apply to reduce the cost of future construction of Project W-12 on the City’s adopted TIF regulations.       ATTACHMENT 6 51603836.4 ATTACHMENT 6 FORM OF LIMITED STREET USE LICENSE FOR PARKING IN MEEKER STREET RIGHT OF WAY (See Attached) 2841/086 07/10/17 - 1 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture LIMITED LICENSE BETWEEN THE CITY OF KENT AND MARQUEE ON MEEKER LLC PARTIES THIS LIMITED LICENSE ("License") is dated for reference purposes as of _____________________, 201_, and is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and MARQUEE ON MEEKER LLC, a Washington limited liability company (“Licensee"). RECITALS 1.Licensee seeks to install several right-of-way improvements at its Marquee on Meeker development in the City of Kent. 2.Licensee has requested that the City grant a permit to use City right- of-way to install and maintain these improvements and to undertake responsibility and liability for any negligent performance of the same. 3.The City has agreed to issue this license pursuant to the following conditions. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1.License Granted. The City grants this License (“License”) for a period of ten (10) years from the Effective Date (the “Term”) for Licensee to install, maintain, operate, use, repair, replace and remove landscaping, sidewalk paving, ADA ramps, parking facilities, and other fixtures and amenities at the Marquee on Meeker development (“Project”) across, along, in, upon, and under a section of the City’s right-of-way described in Exhibit A (the “Licensed Property”). City and Licensee agree that this License shall automatically renew at the end of the Term for successive ten (10) year periods until this License is terminated as provided in Section 3 below. A general description and visual representation of the plans and specifications for the landscaping, sidewalks, ADA ramps, parking and other improvements, and related fixtures and amenities, for the Project is attached as Exhibit B (“Improvements”). This License is subject to all the terms and conditions established below. 2. Damage to Property and Restoration. Licensee shall repair any damage to City-owned property (including but not limited to the Licensed Property) caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements. Upon revocation, termination, or expiration of this License, the Improvements shall remain as constructed and be available for use by the public. ATTACHMENT 6 2841/086 07/10/17 - 2 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture 3.Revocation and Termination. The intent of this License is to authorize Licensee to install, maintain, operate, use, repair, replace and remove the Improvements on the Licensed Property, which is City right-of-way, and which right-of-way constitutes a valuable property interest owned by the City. This License does not grant an estate in the land described as the Licensed Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Licensed Property. As a License upon real property, it is revocable; provided, however, that pursuant to the terms of the Development Agreement between City and Licensee concerning the Project dated as of _______________ (the "Development Agreement"), City agrees not to revoke or otherwise terminate the License as long as any of the multifamily improvements for the Marquee on Meeker development as described in the Development Agreement are under construction or exist at the Project and the Licensee is not in default with respect to any of its duties or obligations herein or in the Development Agreement (the "Project Duration Period"). City shall provide Licensee with at least thirty (30) calendar days’ written notice of termination or revocation. Following a revocation or termination of this License pursuant to this Section 3, Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain and comply with all applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Improvements. Licensee's failure to comply with this Section 4 shall constitute grounds for revocation by the City, if Licensee does not promptly cure its noncompliance following written notice from the City of such noncompliance. 5.Maintenance. Licensee shall operate and maintain the Improvements and the Licensed Property during and after construction in a clean, well-kept, orderly and safe condition in accordance with City standards. Licensee shall promptly make repairs at Licensee’s cost, as necessary, to ensure the Improvements and the Licensed Property are kept in good condition in accordance with City standards. The City’s satisfaction under this Section 5 shall in no way affect Licensee’s duties as set forth in Section 7. 6.Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, Licensee shall notify the City of the emergency as soon as reasonably possible and this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose. 7. Indemnification. Licensee shall comply with the following indemnification requirements: 2841/086 07/10/17 - 3 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture 7.1 Licensee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, including maintenance activities, except to the extent caused by the sole or concurrent negligence of, or the willful misconduct of, the City, its employees, agents, contractors, or invitees. 7.2 The City’s inspection or acceptance of any of Licensee’s work when completed shall not be grounds to avoid any of these covenants of indemnification. 7.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties when required to do so under this Section 7, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee’s consent. 7.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee’s refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City’s costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City’s costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 7 indemnification clause. 7.5 The provisions of this Section 7 shall survive the expiration or termination of this License. 8.Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License. 8.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 2841/086 07/10/17 - 4 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture 8.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 8.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer’s liability. 8.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 8.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 8.3 The City shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional insured. 8.4 Licensee’s insurance shall 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. 8.5 Licensee’s insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 9.Modification. This License may not be modified, altered, or amended unless first approved in writing by the City and by Licensee. 10.Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License in violation of any term or provision of the Development Agreement or any other agreement between City and Licensee with respect to the Project and in any event without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee’s written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to (a) mortgage its rights, benefits, and privileges in and under this License to any mortgage lender having or 2841/086 07/10/17 - 5 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture obtaining a lien on the Project, (b) assign all of the rights, benefits, privileges, duties and obligations to (i) any subsidiary, parent, affiliate or company having common control with Licensee, or (ii) to any successor in interest to Licensee as an owner or tenant of all or any portion of the Project, so long as such transferee, assignee or successor assumes in writing all of the duties and obligations of Licensee set forth herein and written notice of same is provided to the City. From and after the later of the date that Licensee no longer owns any interest in the Project or the date that Licensee provides City with the written assignment/assumption documents as required herein, Licensee shall have no responsibility for any obligations accruing after such date, and City shall look to Licensee's successor(s) in interest for obligations of the Project owner(s) accruing after such date. 11.Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License. 12. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 7. 13.Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when personally delivered, or when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 LICENSEE: Marquee on Meeker LLC c/o Landmark Development Group 2711 West Valley Highway North Suite 200 Auburn, WA 98001 Attn: Brett Jacobsen Email: bjacobsen@fnw-inc.com With a copy to: Marquee on Meeker LLC c/o HAL Real Estate Inc. 2025 First Avenue, Suite 700 Seattle, WA 98121 Attn: Jonathan Manheim 2841/086 07/10/17 - 6 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture Email: jmanheim@halrealestate.com And to: Alston Courtnage & Bassetti LLP 1420 5th Avenue, Suite 3650 Seattle, WA 98101-4011 Attn: Tom Read Email: tread@alcourt.com 14.No Waiver of Rights. Nothing in this License shall constitute a waiver of either party’s right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 15. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below (Effective Date). 16.Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 17. Memorandum. Promptly after the Effective Date, the parties agree to execute and record a memorandum of this Agreement in the form of attached Exhibit B. This License is executed and shall become effective as of the last date signed below. CITY OF KENT By: Print Name: SUZETTE COOKE Its: Mayor Date: LICENSEE By: Print Name: Its: Date: 2841/086 07/10/17 - 7 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -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. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 2841/086 07/10/17 - 8 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture STATE OF WASHINGTON ) ) ss. COUNTY OF ___________ ) On this _______ day of _______________, 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared _______________________________________, known to me to be the ___________________ of MARQUEE ON MEEKER LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires . 2841/086 07/10/17 - 9 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture EXHIBIT A LEGAL DESCRIPTION OF THE LICENSED PROPERTY 2841/086 07/10/17 - 10 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture EXHIBIT B MEMORANDUM OF LICENSE AGREEMENT WHEN RECORDED RETURN TO: Thomas W. Read Alston, Courtnage & Bassetti LLP 1420 Fifth Avenue, Suite 3650 Seattle, WA 98101-4011 Document Title: MEMORANDUM OF LICENSE AGREEMENT Grantor: Grantee: Legal Description: Abbreviated Legal Description: Full Legal Description: See Exhibit A attached. Assessor's Tax Parcel Nos.: Reference Nos. of Documents Released or Assigned: MEMORANDUM OF LICENSE AGREEMENT This Memorandum of License Agreement is dated as of ________, 2017, and is by and between _______________________________ ("Seller"), and __________________________, a __________________________ ("Buyer"). 1. Agreement. Seller and Buyer have entered into a Limited License Agreement dated ____________, 2017, concerning the real property described on attached Exhibit A (the "Property"). 2841/086 07/10/17 - 11 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture 2.Purpose. This Memorandum is prepared for the purpose of recordation only, and does not modify the Limited License Agreement in any way. SELLER: BUYER: ____________________________ _______________________________ [ADD NOTARY BLOCKS FOR PARTIES] 2841/086 07/10/17 - 12 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture EXHIBIT A LEGAL DESCRIPTION ATTACHMENT 7 51603836.4 ATTACHMENT 7 FORM OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL (See Attached) GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE 51618525.2 Recorded at the Request of and after Recording Return to: City of Kent c/o Public Works Department 220 Fourth Avenue South Kent, WA 98032 GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL Grantor/Declarant: MARQUEE ON MEEKER, LLC, a Washington limited liability company Grantee: CITY OF KENT, a Washington municipal corporation Legal Description: Official legal description on Exhibit A Assessor’s Tax Parcel ID#: Reference # (if applicable): N/A Marquee on Meeker, LLC, a Washington limited liability company (“Owner”), is owner of the real property described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”). Owner acquired the Property from the City of Kent, a Washington municipal corporation (“City”) pursuant to the terms and conditions of that certain Real Estate Purchase and Sale Agreement with Lease/Option to Purchase dated as of May 5, 2017 (the “Purchase ATTACHMENT 7 GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE 51618525.2 Agreement”). As a condition of the Purchase Agreement, Owner and City entered into that certain Development Agreement dated as of _______, 2017 (the “Development Agreement”) for the purpose of governing the design, development, permitting, mitigation of environmental impacts and uses associated with development of a mixed-use retail/multi- family residential community on the Property to be known as the Riverbend Gateway Project (herein the “Project”). As a requirement of the Development Agreement, and in particular Section 16 thereof, Owner and City have agreed that the Project shall provide for a public pedestrian and non motorized vehicle trail easement over and across the Property for the benefit and use of the members of the general public for public access from Meeker Street to the Green River Trail. Accordingly, Owner hereby grants, dedicates and quit claims to City, as a perpetual covenant running with the land, a nonexclusive public pedestrian and non-motorized vehicle use and access easement for the purposes and subject to the conditions hereinafter mentioned, over and across the Property, in the location and configuration as depicted in the survey attached hereto as Exhibit B and incorporated herein by this reference (herein the “Trail Easement”), and City hereby accepts such grant on the terms and conditions set forth herein. 1.Purpose. The Trail Easement is granted for the purpose of providing the public with pedestrian and non-motorized vehicle access and entry for the use and enjoyment of the Green River Trail connection within the Project and for no other use. Owner shall be responsible for all costs of permitting, design and construction of the Trail Easement and any improvements or amenities associated therewith (e.g. signage) as may be required by the City, including but not limited to compliance with ADA (Americans with Disabilities Act) guidelines and requirements for outdoor trails. 2.Owner’s Use of Trail Easement. Owner and its assignees, lessees, tenants and invitees shall have the right to use of the Trail Easement consistent with the rights of the public use as described herein and for any other purpose not inconsistent with the rights granted herein. Use of the Trail Easement may be closed to the public from time to time on a temporary basis for the purpose of construction, repairs and/or maintenance of the Trail Easement. Owner may impose reasonable controls on uses of such portion of the Trail Easement that are likely to have an adverse effect on the Project occupants/tenants reasonable enjoyment and use of the Project, so long as such controls are consistent with City policies and guidelines for public trail use or as otherwise approved or in effect by the City. 3.Maintenance. Owner shall at all times and at its sole cost and expense maintain the Trail Easement area and improvements lying within in good repair and condition. GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE 51618525.2 4.Modification. The alignment of any portion of the Trail Easement and the easement rights granted herein pertaining to such portion may be modified by mutual agreement of Owner and the City if the Project development for the Property is altered such that an alternate location within the Property would be more desirable for location of the Trail Easement. In such event the parties shall execute and record an amendment to this Trail Easement terminating the present alignment and providing for the new alignment of the Trail Easement. 5.Liability. Pursuant to the provisions of RCW 4.24.200 and 4.24.210, neither Owner nor any of its affiliates, officers, agents, representatives or employees, shall be responsible for or held liable for unintentional injury or damage to persons or property arising from or occurring as a result of public use of the Trail Easement as provided for in RCW 4.24.200 and 4.24.210. 6.Successors and Assigns. The terms and provisions of this Grant of Easement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. By recordation of this dedication, easement, and agreement, to the maximum extent allowed by law, this agreement shall encumber the Property as an easement and dedication to the general public for the public trail uses set forth herein. 7.Record Notice. This Grant of Easement shall be recorded with the King County Department of Records and Elections. 8. Time of Essence. Owner agrees that time is of the essence, and City shall have non-exclusive standing to enforce the provisions of this dedication, easement, and agreement. GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE 51618525.2 DATED this ____ day of _____________, 20__. GRANTOR: MARQUEE ON MEEKER, LLC, a Washington limited liability company By: Its GRANTEE: THE CITY OF KENT, a Washington municipal corporation By: Its APPROVED AS TO FORM: By: ____________________________ GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE 51618525.2 STATE OF WASHINGTON COUNTY OF ___________ ss. I certify that I know or have satisfactory evidence that _________________________ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the _________________________ of Marquee on Meeker, LLC, a Washington limited liability company, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this _____ day of _________________________, 20__. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires STATE OF WASHINGTON COUNTY OF ___________ ss. I certify that I know or have satisfactory evidence that _________________________ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the _________________________ of THE CITY OF KENT a municipal corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this _____ day of _________________________, 20__. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires EXHIBIT A 51618525.2 EXHIBIT A Legal Description of Property EXHIBIT B 51618525.2 EXHIBIT B [Attach Survey Depicting Trail Easement] ATTACHMENT 8 (See Attached) ATTACHMENT 8 COPY OF DNS FOR THE PROJECT KENT ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters Director 2204th Avenue South Kent, WA 98032 Fax: 253-856-6454WaSHTNGToN o c') =pcovj 3 =o PHONET 253-856-5454 June 30,20t7 RE: Environmental Checklist State Environmental Policy Act (SEPA) ENV-20 L7 -4 / KrVA #RPSW-2 L702BL Riverbend Mixed Use Development Dear Mr. Jacobsen, Enclosed please find: 1. A copy of the signed environmental checklist for your project 2. The Determination of Nonsignificance (DNS) 3. The Decision Document. Please note that there is a l4-day public comment period following the issuance of this DNS. Also, there is a 14-day appeal period for all appeals to the DNS following the comment period. All appeals are reviewed by the Kent Hearing Examiner. If you have any questions concerning the SEPA review or the next step in the development plan review process, please call Kent Planning Services at 253-856-5454. Sincerely, Charlene Anderson, AICP Responsible Official Enclosures JG:ct\S; \Perm it\Plan\ENV\2017\217028l_RiverbendMixedlJse_DNSapplicaniltr.doc Mevon Suzerre Coore City of Kent Economic & Community Development ATTACHMENT 8 REGEIV' Ð JAN 2 4 2017 CITY OF KHh!T PHRMIT GENTËR, EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 2 TO BE COMPLETED BY STAFF: -sAPPLICATION #:VA# REGEIVED BY:TE PROCESSING FEE A. STAFF REVIEW DETERMINED THAT PROJEGT: Meets the categorically exempt criteria. ,-l-/Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental lmpact Statement will be prepared. An Environmental lmpact Statement for this project has already been prepared. é -â?-^ot? Signature of Responsible Official Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: ts U D. ZONING DISTRIGT:L'r- 1 2 City of Kent Planning Services Environmental Checklist - Page 3 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: Name of Proje ct: Marquee on Meeker Name of Applicant:FNW lnc. 271'l West Vallev Hwv . Suite 200. Auburn. WA 98001 Contact Person: Brett Jacobsen Telephone :253-333-6789 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): Contract Owner 4.Name of Legal Owner: Citv of Kent Parks and Gommunitv Services Department Telep hone: 253-856-5100 Mailing Address: 400 W Gowe, Kent. WA 98032 5 Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). The subject property is a 24-acre portion of Kent's Riverbend Golf Gomplex located at 2030 West Meeker St. in the SW quarter of section 23, township 22, range 4. The par-3 portion of the site, which is known as the Riverbend Gateway Development Site, is located on the western portion of the Riverbend Golf Gomplex parcel. b al d tion and tax n a. Leqal description (if lenqthv, attach as separate sheet) PARCEL A: THOSE PORTIONS OF GOVERNMENT LOTS 4 AND 5IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23, ALL LYING SOUTHERLY OF SECONDARY STATE HIGHWAY NUMBER 5-A AND WESTERLY OF JOHN DOWNEY ROAD NUMBER 722 (54TH PLACE SOUTH); Mailing Address EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 4 EXCEPT PORTION THEREOF PLATTED AS COLONY PARK CONDOMINIUMS AS RECORDED IN VOLUME 31 OF CONDOMINIUMS, PAGES 55 THROUGH 57, INCLUSIVE, IN KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE CENTERLINE OF SECONDARY STATE HIGHWAY NUMBER 5.A AT HIGHWAY ENGINEER'S STATION 163+00.00 BACK, 163+48.2 AHEAD AS SHOWN ON THE STATE HIGHWAY MAP BEARING DATE OF APPROVAL OF JANUARY 29, 1957, REVISED MARCH 19,1957, THE CENTERLINE OF WHICH IS ALSO SHOWN OF RECORD IN VOLUME 1, PAGE 32 OF HIGHWAY PLATS, IN KING COUNTY, WASHINGTON; THENCE NORTH 63O53'30'' EAST, ALONG THE CENTERLINE OF SAID HIGHWAY 549.68 FEET; THENCE SOUTH 14O51'10" EAST,3O1.OI FEET; THENCE SOUTH 75O08'50" WEST, 60.00 FEET; THENCE SOUTH I4O51'IO" EAST, 119.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14O51'10" EAST, 166.14 FEET; THENCE NORTH 06O23'25" EAST, 55.20 FEET; THENCE NORTH 14O51'10" WEST, 76.19 FEET; THENCE NORTH 42O18'10" WEST, 43.69 FEET TO THE TRUE POINT OF BEGINNING; PARCEL B: TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DESCRIBED BY RECORDING NUMBER 9502020945 b. Tax identification number: #2332204-901r-01 7 Existinq conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). The Riverbend Gateway Development Site is the par-3 portion of the larger Riverbend Golf Site and is approximately 24 acres in area. The Riverbend Gateway Development Site is generally flat, except along the sloped banks of the Green River which runs along the south and west borders of the site. A portion of EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 5 the Green River Trail is located on the site, adjacent to the riverbank. Vegetation in this area is primarily golf course turf with interspersed ornamental evergreen and deciduous trees. Soils in the site are primarily Ur, Urban Land. I I Site Area: 24 acres Site Dimensions: approximatelv 1.350 feet x 675 feet Proiect description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): The project will consist of approximately 492 residential together with ancillary uses, approximately feet of commercial/retail and a potential 100-l. The residential units will be contained in two podium style buildings and multiple three story urban style walk-up buildings. The podium buildings are anticipated to have four levels of wood frame residential construction over concrete podium decks containing approximately 18,000 SF of restaurant/retail space including adjacent exterior lifestyle patios and approximately 240 stalls of parking. The urban style walk-up buildings will, generally, be located closer to the river minimizing impact on the existing natural character of the site along the river's edge and pedestrian-bicycle pathway. These smaller three story buildings will maximize the potential to save the existing landscaping and view vistas found near the shoreline. The site will also contain surface parking, presently anticipated for an additional 510 stalls for a total of 750 stalls. The exact number of parking stalls will be determined at the time of building permit. 10 Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). Project development, permitting and construction is anticipated to take place over approximately a five-year period. lt is anticipated that Phase I will include a podium building and approximately half of the urban quad buildings, plus necessary site work. The first phase is set to begin permitting the first quarter of 2017 with an anticipated construction start date of early June 2017. Construction duration for Phase I is roughly 24 months with an estimated completion date of June 2019. Phase ll will consist of a podium building, the remainder of the site work and urban quad buildings, and the potential hotel. Construction on Phase ll is anticipated to begin in June of 2020 000 lLuú l¿ \fl\2 t EVALUATION FOR AGENCY USE ONLY Lu, fl" (wv EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 6 and complete by June of 2022, except for the potential hotel. lf the potential hotel comes to fruition, timing may vary. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? lf yes, explain. No 12 Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. AGENCY PERMIT TYPE DATE SUBMITTED- City of Kent Design Review City of Kent Building Permit City of Kent Site Plan (Engineering) Shoreline Permit City of Kent Short Plat Department of Ecology City of Kent Demo Permit City of Kent Civil Construction Permits Kent RFA Fire Permit *Leave blank if not submitted**Approved, denied or pending 13. Environmentallnformation: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Short Plat, Traffic lmpact Analysis, Technical lnformation Report (Storm Water), Phase I Report, Geotech Report and Site Survey. NUMBER STATUS*- City of Kent NPDES Permit 14. Do you know whether applications are pending for governmental EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 7 approvals of other proposals directly affecting the property covered by your proposal? lf yes, explain. Code changes may be pending with Gity Gouncil that could impact our proposal, timing is unclear. B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site (circle one):rolling, hilly, steep slopes, mountainous, oth b. What is the steepest slope on the site (approximate percent slope)? While most of the site is flat, there is an approximate 25% slope up from the site to West Meeker Street at the northwest corner of the site. Slopes of up to 30% are located along the banks of the Green River. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? lf you know the classification of agricultural soils, specify them and note any prime farmland. Published geologic maps indicate that the site and vicinity are underlain by young alluvial deposits consisting of silt and sand with localized deposits of compressible organic-rich soils. Exploratory borings and cone penetrometer tests disclosed that the site is mantled by a grass sod mat and approximately 1.5 to 2.5 feet of loose silty sand and sandy silt with a relatively low organic content. The upper soil horizon was underlain by interbedded very loose to medium dense sand and silty sand with some discrete silt and sandy silt horizons to the explorations' termination depths. Compressible peat was disclosed by some of the Ç,,/.*r,g1 ù1"* Å0", tWuUt'v been e to the anticipated re al of the soils. The Natural ce (NRCS) has mapped the site as containi ng ng the Urban Land category (Ur). d. Are there surface indications or history of unstable soils in the immediate vicinity? lf so, describe. There are no surface indicators of significant instability of the slopes adjoining the Green River. Areas of localized eroslon of sandy soils the middle mapped as the site. 'f City of Kent Planning Services Environmental Checklist - Page 8 are present, but are laterally discontinuous e.Describe the purpose, type and approximate quantities of any filling or grading proposed. lndicate source of fill. Structural fill will be imported and placed on site within building footprints for structural slab and footing support, below new pavement and hardscape surfaces, and within utility trenches and/or infiltration facilities. Landscape areas will require topsoil. Additionally, some existing soils on site will be unsuitable for building or roadway support, and will be moved on site to an acceptable area or exported. Approximately 1,000 CY of cut and up to 87,000 CY of fill may be required. While the source of fill material has not been selected, it will be from an approved source. Could erosion occur as a result of clearing, construction, or use? lf so, generally describe. The portion of the site proposed for improvements is either level or very gently sloped and the potential for erosion during clearing, construction, or use is low. Site clearing and earthwork activitieswill be undertaken Best Management Practices (BMPs) implemented through an approved Temporary Erosion and Sedimentation Control (TESC) Plan. The project will adhere to the City's regulations in this regard. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 45% of the site will be impervious surface (pavements or buildings). h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Temporary Erosion Gontrol BMP's will be implemented during construction in accordance with City of Kent requirements to minimize on-site erosion & sedimentation transport off-site. After construction, the site will be permanently stabilized using landscaping, pavements, storm water runoff conveyance and i nfi Itration facilities. 2. Air What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during a. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 9 construction and when the project is completed? lf any, generally describe and give approximate quantities if known. Gonstruction emissions from construction related equipment. No permanent emissions are anticipated from the finished product. b. Are there any off-site sources of emissions or odor that may affect your proposal? lf so, generally describe. None other than car emissions from West Meeker Street. c.Proposed measures to reduce or control emissions or other impacts to air, if any. Compliance with applicable regulations related to emissions for construction vehicles. 3. Water a. Surface 1) ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf appropriate, state what stream or river it flows into. Yes. The Green River is a 93-mile.long fresh water river that borders the western and southern edges of the site, portions of which are within the 200' jurisdictional area of the Gity of Kent Shoreline Master Program. The Green River is a salmonid bearing river that conveys water from the Crystal Mountain area to the Duwamish River and into the Puget Sound. Flows range from summer lows near 300 CFS up to 1O0-year flows at the project site near 12,000 CFS. The peaks of flood events up to the 100- year event are all softened by operation of the Howard Hanson flood control dam near river mile 64. Historic flows in the Green River prior to construction of the dam in 1964 and rerouting of the tributary White River in the early 1900's were substantially higher. Will the project require any work over, in or adjacent to (within 200 feet) the described waters? lf yes, please describe and attach available plans. 2) EVALUATION FOR AGENCY USE ONLY EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 10 3) 4) 5) 6) b. Ground 1) r,(t lø-ræ* t /,y¿i<al Extension of pedestrian walkway to tie into the existing trailand some lh9' p within 200 feet of the Green R r Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. lndicate the source of fill material. No such work will take place in the area. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. No surface water withdraws or diversions are anticipated. Does the proposal lie within a 1OO-year floodplain? lf so, note location on the site plan. No, per the 1995 FIRM Does the proposal involve any discharges of waste materials to surface waters? lf so, describe the type of waste and anticipated volume of discharge. No discharge of waste material to surface water is anticipated. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Ground water will not be withdrawn from a well for drinking purposes, ongoing irrigation may continue to occur on the site. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) 2) City of Kent Planning Services Environmental Checklist - Page 11 are expected to serve Domestic sewage will be tied into the Civic System. No waste tanks for sewage are necessary. c. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? lf so, describe. All runoff from the site will originate from storm water and the majority will be collected and conveyed through a series of underground pipes to connect with the City storm water system located in West Meeker Street, which ultimately discharges to the Valley Regional Detention/Enhanced Wetland Facility. Runoff will be collected from roof surfaces with roof drains, and runoff will be conveyed to the underground conveyance system via rain leaders or downspouts. Pavement and hardscape runoff will be collected in catch basins or area drains prior to connecting to the underground conveyance system. Planter areas will have overflow drains to prevent ponding. Some storm water runoff from roofs, hardscape or pavements may be routed to on-site infiltration trenches or galleries. Runoff from pollution generating impervious surfaces will be routed through an approved water quality treatment system prior to infiltration, in accordance with the City of Kent storm water manual. lt is anticipated that some of the onsite soils will be used as a means for water quality treatment, pending further geotechnical analysis. 2)Could waste materials enter ground or surface waters? lf so, generally describe. Waste materials entering the ground or surface waters are unlikely. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The project site is located in the Valley Regional Detention Application Area, and runoff from the site has been incorporated into the Valley Regional Detention/Enhanced Wetland Facility. This regional detention/water quality treatment facility has been designed to detain and treat runoff from the subject site. Small- EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 12 scale infiltration facilities may be utilized for this development to mitigate runoff on site. Any runoff from roadways that is routed to an on-site infiltration facility would be treated in accordance with City storm water code requirements prior to infiltration. The project will comply with all applicable shoreline and storm water codes. 4. Plants a Check or circle types of vegetation found on the site: X Deciduous tree: alder, maple aspen, other cherry, plum, sweet gum X Evergreen tree: fir, cedar, pine, other white pine, ponderosa pine, sourwood, yellow cedar, arborvitae Shrubs X Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? The proposed development will remove some of the deciduous & evergreen trees and golf course turf as part of the onsite development. c. List threatened or endangered species known to be on or near the site No listed plant species are known to exist within the project boundaries. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The existing landscape consists primarily of grass and trees within EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 13 the development area. The trees will be evaluated and protected if they are healthy and within areas not impacted by the development activities. The proposed plantings will consist of native and ornamentaltrees, shrubs and ground covers throughout the site. e. List all noxious weeds and invasive species know to be on or near the site. Noxious weeds include Japanese knot weed, English ivy and reed canary grass. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds other: Mammals: deer, bear, elk, beaver,other: Rabbit, Squirrel Fish: bass,herring, shellfish, othe b. List any threatened or endangered species known to be on or near the site. Threatened Chinook (Onchorynchus tschwyscha), Steelhead (O.mykiss) and possibly Bull Trout (Salvelinus confluentus) may be found in the Green River adjacent to the project site. There is a known Bald Eagle nest located approx. I mile away from the project site, thought this species has now been delisted. c ls the site part of a migration route? lf so, explain Yes, many species of anadromous salmon including those mentioned above as well as Coho, Pink and Chum use the Green River as a migration corridor. The Green River is also a major pathway within the Pacific Flyway migratory bird route. d. Proposed measures to preserve or enhance wildlife, if any: Minimal construction will take place within the 200' buffer between the project site and the Green River. lmpacts will be limited to a pedestrian pathway that ties in to the existing trailsystem, surface parking, storm water facilities and fire access to the site. The project will comply with City of Kent landscaping standards that could result in more trees being planted on site, facilitating habitat. The project will also comply with all relevant shoreline regulations ero EVALUAÏION FOR AGENCY USE ONLY a City of Kent Planning Services Environmental Checklist - Page 14 to protect any fish habitat. 6. Energv and Natural Resources What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric and natural gas will be used on site to provide heating, lighting, etc. for the residential and commercial components of the site. b. Would your project affect the potential use of solar energy by adjacent properties? lf so, generally describe. No, project is located across the street from an existing golf course and adjacent to a driving range and apartments that are screened by existing mature tree canopy. Heights of buildings and shadows cast will also not preclude the use of solar. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The project will adhere to the WSEC to minimize any resulting energy impacts. 7 Enviro I Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? lf so, describe. The entire City of Kent is located within the Department of Ecology's Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecv/smeltersearch the site is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. DOE recommends soil testing in areas where arsenic Ievels were detected at more than 20 parts per million. 1) Describe special emergency services that might be required The site is served by the Kent Regional Fire Authority and the Kent Police Department. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 15 2)Proposed measures to reduce or control environmental health hazards, if any: Compliance with existing regulations, as applicable b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Noise from vehicles traveling along West Meeker Street and WA 516/Kent Des-Moines Road (located across the Green River from the site) may impact future development at the Riverbend Gateway Development Site. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long{erm basis (for example: traffic, construction, operation, other)? lndicate what hours noise would come from the site. Short-term noise impacts will result from the use of construction and building equipment during site development and construction. These temporary activities will be limited to legalworking hours as prescribed by Gity Code. 3) Proposed measures to reduce or control noise impacts, if any: Building construction will occur during the hours prescribed by the City of Kent. Gonstruction equipment will be equipped with muffler devices and idling time will be encouraged to be kept at a minimum. 8. Land and Shoreline Use a.What is the current use of the site and adjacent properties? The Riverbend Gateway Development Site currently contains the par-3 golf course. Land to the north of the site is also part of the larger Riverbend Golf Complex, and is used as the standard í8-hole golf course. Land to the south, across the Green River is vacant, owned by King Gounty. Other land to the south will be used for planned Downey Farmstead salmon habitat restoration. The 16-acre. 4portion east of the site is developed as a garden-style\ + EVALUATION FOR AGENCY USE ONLY ? lLrtÇ City of Kent Planning Services Environmental Checklist - Page 16 apartment complex. The City's Old Fishing Hole Park is located to the west of the site, across the Green River. The Colony Park Apartments, a two building 24-unit development, are located on a parcelthat is surrounded by the site. The apartments are allowed access to West Meeker Street via an easement. b. Has the site been used for agriculture? lf so, describe. The par-3 course and driving range were constructed with the Colony Park Apartments in 1968. Prior to that time, the site was used for agriculture. Various properties within the Green River Gorridor District are used for agriculture, primarily along the left bank of the river. c. Describe any structures on the site An approximately 1,800 SF clubhouse for the par-3 golf course and appurtenant parking. d. Will any structures be demolished? lf so, what? The clubhouse and dedicated parking will be removed as well as the par-3 golf course. e. What is the current zoning classification of the site? GC-MU = General Gommercial Mixed-Use f. What is the current comprehensive plan designation of the site? MU = Mixed-Use g. lf applicable, what is the current shoreline master program designation of the site? The Riverbend Gateway Development Site as well as the entirety of the Riverbend Golf Complex is designated Urban Gonservancy - Open Space. h. Has any part of the site been classified as an "environmentally sensitive" area? lf so, specify. The Green River is a shoreline of state-wide significance located along the western and southern sides of the Riverbend Golf site, EVALUATION FOR AGENCY USE ONLY a City of Kent Planning Services Environmental Checklist - Page 18 What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The tallest height at the podium building will be approximatety 65 feet at the canted roof overhangs. High quality exterior cladding will be used throughout the development. Cladding will endure the northwest climate and havea contemporary look to complement the project which may include, but not be limited to, steel, glass, exposed concrete, aluminum storefronts, longboard wood soffit and siding, cementitious panels and accent green screens. b. what views in the immediate vicinity would be altered or obstructed? Views will not be significantly impacted by proposed development. c. Proposed measures to reduce or control aesthetic impacts, if any. The project will undergo administrative design review by the Gity of Kent. 11. Liqht and Glare What type of light or glare will the proposals produce? What time of day would it mainly occur? Light and glare will originate from building lighting and exterior lighting. Light will also be produced from vehicles using the site. These impacts would occur primarily in the evening and before dawn. b. could light or glare from the finished project be a safety hazard or interfere with views? c. Not to our knowledge. What existing off-site sources of light or glare may affect your proposal? The Russell Road Sports Gomplex is Iocated about 112 mile to the north of the Riverbend Gateway Development Site. Baseball and softball field lights from this facility may slightly impact future development. a d. Proposed measures to reduce or control light and glare impacts, if any EVALUATION FOR AGENCY USE ONLY a. City of Kent Planning Services Environmental Checklist - Page 19 Compliance with applicable Gity of Kent regulations. 12. Recreation What designated and informal recreational opportunities are in the immediate vicinity? The Green River Trail is located around the southern and western edge of the site; the Riverbend par-3 course is currently located on the Riverbend Gateway Development Site; the 18- hole Golf Course is located north of the site along West Meeker Street; Riverbend golf driving range and mini-golf are immediately east of the Riverbend Gateway Development Site. b. Would the proposed project displace any existing recreational uses? lf so, describe. The contemplated actions will allow for redevelopment of the Riverbend Gateway Development Site that will displace the 24- acre, par-3 golf course. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Although not a part of the proposal, we understand the City intends to replace some of the function of the existing golf course elsewhere. Even though the project complies with onsite open space requirements to off-set impacts of new residents, a pedestrian path will be provided along the Green River creating a pleasant recreation opportunity. 13. Historic and Cultural Preservation Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? lf so, generally describe. None are known. Per the Washington State Department of Archaeology & Historic Preservation's online database at httns://fortress dahp/wisaard/, no places or objects c a associated with the Riverbend Golf site are identified. EVALUATION FOR AGENCY USE ONLY a City of Kent Planning Services Environmental Checklist - Page 20 b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None are known. c. Proposed measures to reduce or control impacts, if any During future development activities, should archaeological materials (e.9. bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. 14. Transportation ldentify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site will be served by West Meeker Street a Minor Arterial. Site access is proposed via two 36'wide driveways constructed to City standards. Appropriate street widening and center TWLTL are also contemplated. b. ls site currently served by public transit? lf not, what is the approximate distance to the nearest transit stop? Metro bus routes 158 and 159 serve West Meeker Street in the site vicinity. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will contain approximately 750 parking stalls, tentatively comprised of 240 structured parking stalls and 510 surface and carport parking stalls. The exact number of parking stalls will be determined at the time of building permit. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? lf so, generally describe (indicate whether public or private). As part of the project development, access modifications along West Meeker Street at the project entrances will be constructed. c EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 21 The Gity of Kent is considering additional ROW improvements along the West Meeker Street frontage in accordance with the Meet Me on Meeker plan presently in the conceptual design phase. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? lf so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? lf known, indicate when peak volumes would occur. The site development is projected to generate 3,017 net new average daily trips to the City street grid. During the PM peak hour 223 net new peak hour trips are projected. See attached Trip Generation spreadsheet. g. Proposed measures to reduce or control transportation impacts, if any Developer will construct site accesses to Gity standards including a TWLTL on West Meeker Street, street frontage improvements, and payment of applicable Gity TIF appropriately adjusted to reflect internal shared trips per NCHRP 684 lnternal Capture Estimation Tool; see attached data. 15. Public Services Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? lf so, generally describe. Yes, the project would result in an increased need for public services inclusive of fire protection, police protections, health care and schools. b. Proposed measures to reduce or control direct impacts on public services, if any. The project will work with the city to mitigate impacts to public services through the prescribed methods outlined in Gity of Kent ordinances. The project will also pay relevant impact fees to offset such potential impacts. a. 16. Utilities EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist * Page 22 a. Circle utilities at the site b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. City water, sanitary sewer and storm drainage lines are located along West Meeker Street and Russell Road South. A 24" King County Metro sanitary sewer line, a 12" City of Kent water line and a 15" storm sewer line provides ample capacity to serve a future mixed use development at the Riverbend Gateway Development Site. Other utilities necessary to serve future redevelopment of the Riverbend Gateway Development Site will be the responsibility of the future owner. C. SIGNATURE The above a er are and complete to the best of my knowledge. I ncy is relying on them to make its decision.understand Signature: Date ctricity, natural g refuse service, tele phone, sa EVALUATION FOR AGENCY USE ONLY City of Kent Planníng Services Environmental Checklist - Page 23 DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. How would the proposal be likely to increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life? 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 24 Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are 7. ldentify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. P : \Pla n n i ng\ADM IN\FORM S\SEPA\SE PA_CH ECKLIST. doc ( REVISED 72 / 0B) EVALUATION FOR AGENCY USE ONLY This page intentionally left blank. Agenda Item: Other Business – 8B_ TO: City Council DATE: August 15, 2017 SUBJECT: Six-Month Moratorium/Interim Official Control – Prohibiting Community Health Engagement Locations (safe injection sites) - Adopt SUMMARY: Community Health Engagement Locations (CHELs), also known as “safe injection sites,” are part of a regional effort led by King County in response to county- wide impacts from heroin use and heroin addiction. In January 2017, the King County Executive and Seattle Mayor announced they would move forward on the establishment of CHELs. However, in June 2017, the King County Council voted to limit establishment of CHELs only to cities whose elected leaders choose to locate these facilities in their communities. The proposed moratorium prohibits locating CHELs or similar safe injection sites within the City of Kent, and the interim official control amends the zoning code by adding language to Chapter 15.08 of the Kent City Code to identify and prohibit this land use outright citywide. An interim official control puts temporary regulations in place to guide new development while permanent regulations are being prepared. Notice and a public hearing are not necessary prior to enactment of a moratorium or interim official control, so the regulations can be put in place quickly. However, a public hearing must be held within 60 days of adoption. The adoption of a moratorium and interim official control to ban safe injection sites citywide provides a near term solution that protects the public health, safety, and welfare, preserves the status quo, and provides additional time to determine a thoughtful and deliberate permanent solution. EXHIBITS: Proposed Ordinance RECOMMENDED BY: Council President Boyce YEA: NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. ________ imposing a moratorium and interim official control regarding the prohibition of community health engagement locations, safe injection sites, and other uses or activities designed to provide a location for individuals to consume illicit drugs. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting section 15.08.550 of the Kent City Code, imposing a land use moratorium and an interim official control regarding the prohibition of community health engagement locations, safe injection sites, and other uses or activities designed to provide a location for individuals to consume illicit drugs. RECITALS A. In September 2016, the Heroin and Opioid Addiction Task Force convened by King County and Seattle recommended a comprehensive strategy focusing on prevention and increasing access to addiction treatment on demand. B. In January 2017, the King County Executive and Seattle Mayor announced they would move forward on the complete set of recommendations including the establishment of facilities referred to as Community Health Engagement Locations (safe injection sites). C. There is not currently evidence that Community Health Engagement Locations or similar sites reduce drug addiction rates within the communities where they are located. D. Community Health Engagement Locations or similar sites inherently attract criminal activity as the drugs consumed at those sites 1 Adopt KCC 15.08.550 - Re: Prohibiting Safe Injection Sites are themselves illegal, and locating sites in the City of Kent may attract additional criminal activity such as drug trafficking, burglary, and theft. E. In June 2017, the King County Council voted to limit establishment of Community Health Engagement Locations (safe injection sites) only to cities whose elected leaders choose to locate these facilities in their communities. F. In order to thoughtfully respond to this rapidly emerging policy issue, the City Council strongly prefers preserving the status quo by prohibiting uses and activities in the City of Kent that are established and designed to provide a location for individuals to consume illicit drugs. G. State laws, RCW 35A.63.220 and 36.70A.390, allow for the immediate adoption of a moratorium or interim official control without holding a public hearing, so long as the City Council holds a public hearing on the ordinance within sixty days of the ordinance’s adoption. H. The City Council adopts the foregoing as its findings of fact justifying adoption of this moratorium and interim official control to protect the public health, safety, and welfare of the residents of the City of Kent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Imposition of Moratorium as an Interim Official Land Use Control. A moratorium and an interim official control prohibiting the locating of Community Health Engagement Locations, or safe injection sites, within the city is hereby imposed for six (6) months, and Chapter 15.08 of the Kent City Code is amended to adopt a new section 15.08.550 as follows: 2 Adopt KCC 15.08.550 - Re: Prohibiting Safe Injection Sites Section 15.08.550 Use prohibited in all zoning districts. Community Health Engagement Locations (CHELs) designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means are prohibited in all zoning districts in the city. A CHEL includes all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described. A CHEL may also be referred to as a medically supervised injection center, supervised injection site or facility, safe injection site, fix room, or drug consumption facility. SECTION 2. – Duration and Scope of Interim Official Control. Pursuant to RCW 35A.63.220 and 36.70A.390, this interim official control is recommended to be in effect for a period of six (6) months. This interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION 3. – Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council shall hold a public hearing on this interim official control within sixty (60) days of its adoption, so as to hear and consider public comment and testimony regarding this interim official control. Following such hearing, the City Council may adopt additional findings of fact and may extend the interim official control for a period up to an additional six (6) months. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 3 Adopt KCC 15.08.550 - Re: Prohibiting Safe Injection Sites SECTION 5. – Findings of Fact. The findings contained in this Ordinance are hereby adopted as Findings of Fact to justify adoption of this moratorium and interim official control. SECTION 6. – 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 7. – Effective Period. The moratorium and interim official control shall take effect immediately after passage, and shall be in effect for a period of six (6) months thereafter, and shall automatically expire at the conclusion of that six-month period unless the same is extended as provided in RCW 35A.63.220 or RCW 36.70A.390, or unless terminated sooner by the City Council. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Adopt KCC 15.08.550 - Re: Prohibiting Safe Injection Sites PASSED: day of , 2017. APPROVED: day of , 2017. PUBLISHED: day of , 2017. 5 Adopt KCC 15.08.550 - Re: Prohibiting Safe Injection Sites This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 10 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 08/15/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, August 15, 2017 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • The Marquee at Meeker development agreement is all but complete so the Major Projects Team has shifted its emphasis to the YMCA project, specifically identifying the costs associated with the city’s commitment to build a park, parking lot, and street frontage improvements and determining which agencies will build which pieces of the project. • The CAO and parks director have begun to shift their emphasis from long-term major renovations to immediate preservation needs on the City Hall Campus and at the Russell Road Shops. • The mayor, CAO, and finance director are now meeting regularly to make decisions about the 2018 mid-biennial budget adjustment. • The CAO, HR director, and staff met last week to finalize a process for the city council to review the non-represented employee salary survey. HR expects to present the mayor’s recommendation to the Operations Committee on September 5 and to notify non- represented employees a couple days prior. • The CAO, fire chief, and staff met to discuss plans to exchange the city’s 116th/248th vacant property for Fire’s Washington Avenue property where the city stores police evidence. The exchange has been complicated due to development restrictions on the city’s property and a difference in value between the properties. The parties’ attorneys are working on a memorandum of understanding to document the parties’ intent for after the chief retires. • The CAO, fire chief, and IT director met in late July to discuss the excellent progress on the effort to transition fire-related IT from the city to the regional fire authority over a five-year period. • The CAO and city attorney attended the Association of Washington Cities’ Legislative Committee in late July. The CAO represents the Washington City/County Management Association and the city attorney represents the Washington State Association of Municipal Attorneys. Page 2 of 10 Neighborhood Program • Experience Historical Kent continues on in August with multiple events. o Saturday, August 19 - 10AM-2PM, Neely-Soames Historic Homestead. Get a glimpse of the way residents lived in 1885; - 10AM-4PM, Hydroplane and Raceboat Museum. Visit the nation’s only public museum dedicated solely to powerboat racing with vintage hydroplanes spanning seven decades. Admission is free; - 10AM-4PM, Soos Creek Botanical Garden and Heritage Center. View a 19th century buggy that belonged to a homesteader in the area at as well as hundreds of objects and photographs detailing the settling of the rugged Soos Creek Plateau; - 9AM-3PM, Bowen Scarff Classic Car Show. Spectators check out the classic cars with awards for 40+ classes of cars. o Sunday, August 20, from 1:30PM-4:30PM. Interested in genealogy? Hop on a free bus tour to five pioneer and one pet cemetery established in the late 1800’s and early 1900’s. Registration is required. o Saturday, August 26, from 3-5PM. St. Anthony Chapel Open House. The chapel, built in 1924, was dedicated by Most Reverend Bishop O’Dea on Feb. 22, 1925 and has the original stained glass windows created by Povey Studios. For more information go to ExperienceHistoricalKent.com or contact the Greater Kent Historical Museum at 253-854-4330. • Kent’s Neighborhood Program will introduce Millbrook Heights neighborhood at the September 11 Economic and Community Development Committee meeting. The neighborhood consists of 16 homes. Millbrook Heights will be formally recognized at the City Council meeting on September 19. ECONOMIC AND COMMUNITY DEVELOPMENT • Staff attended a regional workforce development summit, where public sector funders of workforce development and education gathered to talk about forging a new coordinated system of delivery. • Staff participated in an art panel selection group to choose utility box decorator artists. The ECD budget is partially supporting the decoration of frequently tagged utility boxes in the downtown area and around the city. • Staff introduced King County Library Services Regional Manager, Steven Thomas, and Director of Facilities, Greg Smith, to Lori Johnson, Director of the Washington Food Truck Association. The discussion revolved around how the Association could formally present and manage food trucks in front of the Kent branch library and encourage positive, placemaking. • Staff is in conversation with the development team of the Sonics assemblage about their demolition plans and future phases of commercial build-out at Kent-Kangley and 116th. • Staff made a series of employer and training organization introductions to the Amazon Career Choice program as they plan a series of talks and outreach to support the role out of their program at the Amazon Fulfillment Center, and to encourage local employers to take part. Page 3 of 10 • Long-range planning staff continue to work on the Urban Separators project. Drafts of the Urban Separators Inventory & Characterization report and Consistency Review report are nearing completion and will be presented to the Land Use and Planning Board later this month. Long-range planning staff participated in a Technical Workshop with Sound Transit, King County Metro, WSDOT, Highline College and City of Des Moines staff. The goals of the workshop were to reach consensus on technical details related to the new South 236th Street related to maintenance, fixtures, siting parameters for features, and general “look and feel” decisions. Specifically, many topics were related to how to ensure a safe and welcoming design for South 236th Street. • Long-range planning staff hosted a large group discussion with the many utility providers in the Midway area, along with Sound Transit staff, to ensure that everyone is on the same page regarding utility locations and sizing for future growth. • Long-range planning staff worked with the Mayor’s Office and IT to create an online survey related to community attitudes about street trees. This joint effort is part of a larger project with Parks and Public Works to research possible changes to Kent’s street tree program. Due to the efforts of the Mayor’s office in getting the word out, nearly 400 responses have been received. Long range planning intern Ilse Torres will be analyzing and summarizing the results as part of a broader report on street tree program research. EMERGENCY MANAGEMENT • Event Action Planning (EAP) – Collaborations with PD, PW, Parks, Lions Club and RFA for the 4th of July and Splash celebration and Cornucopia Days. Both events were very successful and continue to build relationships for future event planning. • Go Kits – Grant funds were used to purchase 72-hour emergency kits for all City office staff. These kits are being distributed now through the next few weeks. Emergency Management is working with management to attend department meetings to deliver the kits and discuss personal/family preparedness. • Local Business Training – staff met with Kindred at Home to discuss emergency plans and training needs at their facility. • ICS 400 – Staff hosted a regional ICS 400 Training (Advanced Incident Command System for Command and General Staff). Class was well attended by multiple local Cities, School Districts, local Fire Departments/RFA’s, and the American Red Cross. • Public Events o Participated in Kids Safety Day delivering safety messages to kids who participated in event. o Kent Cornucopia Days – Staff had a booth on Safety Street delivering emergency preparedness/ safety messages to both children and adults. o Emergency Command Center – Staff has been working with local City Municipalities of Auburn, Kent and Federal Way for a coordination of receptacle agreement for the sharing of ECCs’ in a non-regional event. If a city’s ECC is not accessible during an event and the other cities are not affected, they can use a neighboring city’s ECC. Page 4 of 10 HUMAN RESOURCES Administration • Continuing to hold debrief sessions with the management teams and employees, by department, on the results of our recent Employee Engagement Survey. Next steps will be individual department prioritization and action planning Benefits: Staff is beginning work on the 2018 Benefits renewals and Open Enrollment system testing. Community Outreach • The next Cultural Community Conversation will be held on Wednesday, August 16, from 9-10 a.m. in the Kent Commons Green River Room. The speaker will be from World Vision presenting on the challenges faced by immigrants. Labor, Classification & Compensation • Staff is finalizing the planning for policy update information sessions for leads/managers and all employees. The management meeting is scheduled for Monday, August 21 and the all-staff meeting is scheduled for August 22. • Finalizing work on the Non-Represented Salary Survey with Administration. An email notification will be send to all non-represented employees at the end of August with information on the survey results. Risk Management: Staff is reviewing vendor options to assist in building the Safety and Compliance catalog of educational classes. Recruitment • Testing for Entry Level PD and Entry Level Corrections Officer were held on Tuesday, August 8. • Probationary Police Recruit Officer Louis Kristopher starts August 16. LAW • There have been a number of issues brought to the Law Department regarding the upcoming YMCA project at Morrill Meadows. In addition to working through these issues, staff has prepared the required public notice to schedule a public hearing regarding the potential surplus of the portion of Morrill Meadows/East Hill Park where the YMCA will be constructed. • Work has continued on the development agreement for the Riverbend Par 3 Course. • Staff has been working on beginning the surplus process for the potential sale of the Kent Highlands Property. • Staff handled three mitigated code enforcement hearings, and one contested hearing. Forty-one correction notices, eight notices of violation, and two voluntary correction agreements were reviewed and approved. • Prosecutors filed 97 cases in the last two weeks. Law Department staff approved 10 search warrants for the police department. DUI Therapeutic Court is advancing one of its first participants to the next level, Phase 2. One participant was assisted into inpatient treatment, which is set to begin this week. • Forfeiture statistics for May, June, and July: $34,957.45 in cash, along with a 2000 Toyota and a 2002 Nissan, were all forfeited to the City. • Staff worked with the Police Department to develop proposed changes to the City’s traffic school program. Page 5 of 10 • Three members of the City Attorney’s Office participated in National Night Out. MUNICIPAL COURT On August 2, a Judge from Iran sat in on Judge Phillips’ Pre-Trial calendar. The Judge spoke little English but attended with two family members who provided translation. The visiting Judge had been a judge for 15 years and heard criminal cases. He had come to this area to visit family members and wanted to visit a U.S. court. He was impressed with how the courtroom was set up and posed with Judge Phillips for a photo. PARKS, RECREATION, AND COMMUNITY SERVICES Housing and Human Services • Staff received notification from Catholic Housing Services (CHS) regarding a proposed local project. Catholic Housing Services of Western Washington is planning to develop approximately 80 - 150 units of permanent supportive housing located at 3399 S 240th Street in Kent. The targeted populations of this project are homeless people and people at-risk of homelessness with incomes that do not exceed 30% of the area median income and workforce housing for people with incomes that do not exceed 60% of the area median income. The proposed development will operate under the low-income housing tax credit program (LIHTC) and has been awarded 36 Project Based VASH Vouchers. CHS is examining two different scenarios for construction. Planned construction is to begin August 2018 with occupancy beginning September 2019. • Staff participated in a joint meeting of the All Home Coordinating Board and Funder Alignment Committee (FAC), representing Sound Cities Association. The current focus is the Seattle/King County Continuum of Care (CoC) application that is made each year for funding through the McKinney Continuum of Care Program. The competition is competitive and the application process begins with the release of a formal Notice of Funding Availability (NOFA). The NOFA application deadline is September 28. Nationally approximately $2 billion in funding is available and the amount the Seattle/King County CoC is eligible to apply for is based, in part, on the demand for renewal funding for existing projects. Kent staff, as part of the Funder Alignment Committee, will be providing input on the ranking and development of the application. Special meetings of both the Coordinating Board and the FAC will be scheduled over the coming months to allow for the development and approval process of the application. • King County Council has voted to place a Veterans, Seniors and Human Services Levy (VSHSL) on the November ballot. If approved by voters, this would replace the expiring Veterans and Human Services Levy. The proposed VSHSL would be a property tax rate of $0.10 per $1,000 in assessed value (up from the $0.05 the expiring levy was passed at). King County hosted a meeting in Kent to discuss South King County collaboration and to gather input and ensure that the needs and interests of the people of South King County are incorporated as they move forward. • Staff attended a two day Authentic Community-School Partnerships Institute hosted by the Puget Sound Educational Service District. This institute was designed for individuals or organizations that have a stake in educational outcomes for students in King and Pierce Counties, particularly those that serve children and families that experience the opportunity gap. • Staff attended a workshop entitled Utilizing Publically Owned Parcels, which was sponsored by Enterprise. The workshop included an overview of the research Page 6 of 10 document Public Benefit from Publicly Owned Parcels: Effective Practices in Affordable Housing Development, which was commissioned by Enterprise, and a local panel sharing ideas on Utilizing Publicly Owned Parcels to Create Affordability. • Staff participated in a training to learn more about reports available through the King County Homelessness Management Information System (HMIS). The training was targeted to program managers and funders who are not necessarily working within HMIS. HMIS data is increasingly being utilized for program and system purposes and King County staff is working to ensure that managers understand how to use data to demonstrate program outcomes and to improve client services or other program elements. Funders were provided with information about how HMIS is working, data quality issues, and what reports and jurisdictional data could be requested of the program staff. • The Iraqi Women’s Association is sponsoring cultural discussions with a meal between Iraqis and long-term Kent residents. Staff attended a discussion which highlighted differences and similarities between Iraqi and USA marriage traditions. The discussion series, which is sponsored by Seattle Foundation Neighbor to Neighbor Small Grants Fund, is held at Calvary Chapel South. Recreation and Cultural Services Division • Summer Concert Series continues as “Wednesday Picnic Performances” hosted Eric Herman and the Puppy Dogs on July 26 and Mister G on August 2 at Town Square Plaza. Approximately 350 kids and families attended the Eric Herman concert. The extreme heat warnings kept the crowd down to about 200 for Mister G. “Thursdays at the Lake” concerts featured Men of Worth who performed to an enthusiastic crowd of 750 at the July 27 and Indie folk/pop duo The Harmaleighs played on Thursday, August 3. • Kent Commons and the Kent Senior Activity Center are usually known for their exceptional programs and activities while serving as community gathering places. In fact, through July, the Kent Commons hosted over 145,000 visitors. In the interest of public health and safety, the facilities did double duty during this past dangerous heat wave serving as designated cooling centers. Community was invited to come in and enjoy cool temps, clean air, a comfortable place to sit, and bottled water. • Ninety-six boys and girls in grades 5th – 7th participated in an amazing week of overnight camp at Camp Waskowitz. This program engages youth in positive interactions, learning to work in teams, building communication skills and making new friends. A variety of opportunities to build confidence and to promote mutual respect help campers be creative, solve problems, step out as leaders, and feel successful while having a lot of fun. • Kent Parks Community Center hosted National Night Out on August 1. Over 100 kids and families enjoyed a community BBQ, outdoor basketball, bounce house and face painting. Thank you to our partners Youth W.A.V. and GEM mentoring. Camp W.A.L.K.A.P.A.L.A. (working at letting kids appreciate parks and leisure activities) day camp has been busy with water games, arts and crafts, sports, fieldtrips to Cougar Mtn. Zoo, the movies and water parks. • The Kent Parks adaptive recreation softball team took 1st place at the Special Olympic Regional Tournament in Issaquah. Fourteen athletes will be off to Everett for the State Tournament on August 19 with their sights on gold! This valuable program helps persons with special needs achieve success in the areas of fitness, sportsmanship, self-esteem, and commitment to hard work. Page 7 of 10 Facilities • Custodial crews Cleaned carpet in police headquarters, gave additional support in cleaning police evidence areas at the police substation located at station 73 and also at the impound lot. • Continuing preventative maintenance on HVAC equipment city-wide. • Working on coordination of breaker maintenance at City Hall campus generator as well as a quote to do the work. • Repaired Centennial cooling tower blow down solenoid (re-built) added wye strainer to the blow down loop. • Water treatment was performed on cooling loops at City Hall, Police headquarters, Centennial Center and the KM pool. • Repaired the chemical pot feeder at the KM pool. • Repaired an electrical problem at the corrections facility found by Holmes electric during thermo-imaging of the electrical panels. • Cleaned the refrigeration coils for the senior center kitchen. • Met with Fire Marshal regarding inspections of fire extinguishers. • Replaced temperature control on refrigerator. • Work is underway to convert the old data center in City Hall to office space. • Preparing a contract for tenant improvements in the City Attorney's Department at City Hall. • A tenant improvement in the laundry room at the city shops is complete to accommodate the placement of an additional washing machine and a dryer. POLICE Significant crime activities/arrests/investigations • On July 29 Patrol was dispatched to Kentridge High School for an illegal discharge. The vehicle in question was located on HWY 167. It appears this was a Craigslist type robbery gone bad. Officer’s still investigating. • On July 30, officers responded to a fight at Sam’s Sports bar that ended when someone fired shots into the air. Another fight broke out which resulted in one person being knocked out. No one would talk or cooperate with investigation. • On August 5, a female subject pulled into the Trinity Community Church parking lot to use her cell phone. A man came up to the passenger and demanded her purse. He grabbed her hair and held a knife to her throat then fled on foot. A K9 track was conducted, but no one was located. Events and awards • Community meetings were held regarding recent Officer Involved Shooting incidents: o Chief Thomas, Assistant Chief Kammerzell, and Sergeant Grove attended Starcrest Neighborhood. o Chief Thomas and Sergeant Grove attended Canterbury Neighborhood. • Letter of Commendation given to Officer Clift – while off-duty shopping at Fred Meyer he noticed an elderly gentleman not breathing and without a pulse. He immediately started CPR while the fire department was notified and continued giving CPR compressions for about seven minutes before medical aid arrived. His efforts were successful, as the man was revived and is currently recovering. Without his quick actions the man would not have survived. Page 8 of 10 • Commander O’Reilly attended Phulkari Teeyan da Mela-2017 at Wilson Playfield on August 5. Other • Detectives Robinson and Lorette attended the Crimes Against Children conference in Dallas. • Detectives Wales, Gilcrist, and Rossmeier attended two day “Gang Homicide” training. PUBLIC WORKS Design • S 224th St Project 84th to 88th – Working toward Possession and Use Agreement with Hytek property – for wetland mitigation as required by CORPS permit. Evaluating alternative sites as a backup plan. • S 224th St Project 88th to 94th – Received review appraisals and preparing offers to purchase right-of-way for eight parcels. Two offers have been made and accepted. Condemnation ordinance has been prepared. Working with Law to determine notification and hearing dates. • S 228th UP Grade Separation (and 228th Bikeway) – Fall 2017 anticipated advertisement; Bridge and Geotech working towards new delivery date; Coordinating with City utilities on 72” Stormwater and Water. o Joint Trench - Apparent low bid of $658,895 awarded to Scarcella. Engineer’s Estimate $594,303. Received Puget Sound Energy utility construction agreement. • Briscoe Reach 2/3 advertisement is anticipated for August 29, bids to open September 12 then go to Council September 19. • 132nd Avenue Walking Path – Groundbreaking ceremony scheduled for August 11 will include original scouts that requested the project. • Jenkins Creek Bridge Road Widening – City of Covington project impacting Kent water transmission mains – Reviewing draft plans. Coordinating with Water division for business needs. • Naden Ave and Willis St Intersection Improvements – preparing channelization plans for WSDOT review. Anticipate submittal to WSDOT late August. Coordination with Olympic Pipeline for anticipated fill material above pipeline. Construction • 72nd Ave Extension: Intermittent lane closures will be in effect for minor activities to complete contract work. • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): Construction is tentatively scheduled to begin on Tuesday, September 5 after Labor Day. • 80th Ave S Pavement Preservation: Demo of the existing asphalt on the side streets at 194th, 192nd, and 190th is complete and the concrete paving on these side streets Page 9 of 10 is taking place this week. Final asphalt transition paving will be completed during the week of August 21. • 2017 Asphalt Overlays: Star Lake Highlands activities include minor restoration and cleanup. ADA improvements in the Misty Meadows neighborhood is ongoing • 2017 Crack Sealing: Contract work is complete. • 2017 Paint Line Striping and Raised Pavement Markers (RPM) Replacement: Contract work is complete. • 2017 Plastic Markings contract work is complete. • South 208th St Road Repair & Guardrail Installation: The work requiring a closure of S. 208th St between SR 167 and S 212th Way is complete and the road is open to traffic. Lane closures requiring one-way alternating traffic will be implemented as required for the completion of this work. • S 212th St and 72nd Ave S Intersection Improvements: Notice to Proceed is scheduled for August 14. Variable Message Boards were installed on Monday, July 31. 72nd Ave both North and South of 212th will be closed for the duration of this project (25 calendar days). Contract work will be taking place during daytime and nighttime hours 6 to 7 days per week. • 132nd Ave SE Pedestrian Improvements SE 251st St to SE 268th St: Contract work is scheduled to proceed on Monday, August 21. • Woodford Ave N Drainage Improvements: The Preconstruction Meeting is scheduled for Friday, August 25. • 2017 Large Storm Pipe, Culvert and Channel Cleaning, W Meeker St to S 240th St Contract work is scheduled to proceed on Monday, August 14. • 2017 Large Culvert and Channel Cleaning, 64th Ave S: Contract work is scheduled to proceed on Monday, August 14. • S 212th Way Overlay: Authorization to Award notification has been provided to Tucci & Sons, Inc. of Tacoma, WA. • S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard: Authorization to Award notification has been provided to Fenix Earthworks, LLC of Buckley, WA. • Lake Meridian Estates Storm Drainage Repair: Authorization to Award notification has been provided to Road Construction Northwest of Renton, WA. Environmental • Meridian Valley Creek Repair – Final plans and specs have been issued for construction bid solicitation. Bid opening scheduled for August. 17. • King County Flood Control District – 2018 budget was discussed at the Advisory Committee of August 10. • Water Resource Inventory Area (WRIA) 8 – Updated Chinook Habitat plan is being reviewed by the City now, with comments due by August. 18. • Lower Russell Road Levee –Preliminary plans have been provided by the King County Flood Control District with comments due on August 24. • Water Resource Inventory Area 9 – Watershed Ecosystem Forum met Thursday, August 10 to discuss habitat goals and vote on the 2018 budget. Transportation • Traffic Signal Cabinet Replacement – The signal crew replaced the third of six traffic signal cabinets at 102nd Ave and James Street. These cabinets are funded by B&O. • Residential Traffic Calming – Speed radar signs have been installed on Riverview Boulevard and Lakeside Boulevard west. The signs will not show speeds for the first week to collect speed data. The signs will begin displaying data the week of August 14. Tubes for traffic studies are being placed at several locations this week. Page 10 of 10 • School Zone Flashers – Staff programmed the school zone flashers for the 2017- 2018 school year. • Panther Lake Elementary School – Staff met with the school principal and Kent School District on Friday August 11to discuss parking issues. • Transportation Alternatives Program (TAP)– Staff is attending the TAP grant workshop to identify potential projects for consideration. • Kent Station Access Improvements – Meeting with ECD staff to discuss a potential parking garage location and other improvements near Kent Station. Land Survey • Design Mapping for Upper Mill Creek Dam Mitigation Site wetland flag locations along Frager Road and Riverview Park Cross Sections. • Construction/Staking for 224th Phase I Project Limits, 228th Joint Trench and Meridian Valley Creek Erosion Repair. • Right of Way: Horseshoe Bend Outfall Plan and Spec Review, Briscoe Desimone Plantings Plan and Spec Review and Private Development Plat Review. GIS • Weekly Customer Service Requests: Capital Improvement Projects online web map created for city website and will be uploaded once it has final approval from management. 2017 Water Plan - request for as-builts to be put into the GIS system has gone from 107 down to 43; Green River Projects Flood Protection and Environmental Restoration map multiple revisions. Streets • Street Maintenance crews will be paving roads on 108th at the King County line, 105th and 235th, 122nd at 280th, 108th at 233rd. The concrete crew will be prepping and pouring on Meeker between 6th and 4thAvenues. Vegetation will be removing weeds/blackberries at Briscoe (190th and 62nd), East Hill and West Hill people paths, Reith Road and 240th Avenue from 116th to 132ndAvenues, mowing shoulders at 38th and 248th. Vegetation crews will also be installing a split rail fence at Highland Park (132nd and 266th). The Sign crew will be doing maintenance on school zone signs on the East Hill and removing graffiti citywide. Water • Water Distribution is installing 560 feet of 8 inch ductile iron water main on 5th Avenue S, from Old Willis Street to Rachel Place. The project will take approximately two weeks to complete. Water demand is about average for the summer season. Demand has fluctuated between 10.5 – 11 million gallons per day, with a peak demand of 12.3 million gallons on August 1. Starting Monday, August 7, we are utilizing 7 million gallons per day of our regional water supply. Utilities • Sewer: Crews are TV’ing existing storm lines, performing pump station services, doing frame and lid change outs city wide. • Storm: The project crew will be prepping and cleaning the Earthworks for pond, fish screen and culverts. National Pollution Discharge Elimination System (NPDES) crews will be pumping on Meeker and 64th, 38th and 250th. Fleet/Warehouse • The Radio shop is working on new trucks for the Water department and Traffic Signal departments. Fleet is working on scheduled/non-scheduled repairs of all City vehicles. # # # EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT