HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 07/17/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
July 17, 2017
4:00 p.m.
Meeting Room Change - this Meeting Only
Centennial Center North (107) & South (105)
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of June 19, 2017 Minutes - Approve YES None 03 03
5. Drainage Agreement with Lake Meridian
Estates LLC - Recommend
YES Richard
Schleicher
05 07
6. Puget Sound Energy Reimbursement
Agreement - Recommend
YES Joseph Araucto 10 37
7. Consultant Agreement with HDR for S 228th St
- Recommend
YES Mark Madfai 05 47
8. Info Only/Residential Traffic Calming Request NO Rob Brown 10 51
9. Info Only/Quiet Zone and Utilities
Transportation Commission Grant - Update
NO Chad Bieren
Rob Brown
10 53
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PUBLIC WORKS COMMITTEE June 19, 2017
Minutes City of Kent, WA
Summary Minutes
Date: June 19, 12017
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m., by Committee Chair
Dennis Higgins.
2. Roll Call: Committee Chair Dennis Higgins and Committee members Dana Ralph
and Brenda Fincher were present.
Absent:
3. Changes to the Agenda: There were no changes to the agenda.
4. Approval of Minutes, Dated June 5, 2017
Committee member Fincher MOVED to approve the Minutes of June 5, 2017. The
motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
5. Contract with Shearer Design, LLC for LID 363L: S 224th Street
Improvements 84th Ave S to 88th Ave S - Recommend:
Jason Bryant, Capital Projects Manager noted that he will be speaking regarding items 5
and 6 together.
Bryant noted that Shearer Design, LLC will provide structural engineering services during
construction including, shop drawing review, inspections and documentation related to the
bridge foundation, superstructure and structural earth walls. Shearer Design, LLC is the
Engineer of Record related to structural elements of the project.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign a Consultant Services Agreement with Shearer Design, LLC to provide
structural engineering services for the South 224th Street Improvements Project
(84th Ave S to 88th Ave S) in an amount not to exceed $150,904.68, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director and
was SECONDED by Committee member Fincher. The motion PASSED 3 - 0.
6. Contract with GeoEngineers for LID 363: S 224th Street Improvements 84th
Ave S to 88th Ave S - Recommend
Jason Bryan, Capital Projects Manager noted that GeoEngineers will provide geotechnical
engineering services during construction.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign a Consultant Services Agreement with GeoEngineers to provide
geotechnical engineering services for the South 224th Street Improvements
Project (84th Ave S to 88th Ave S) in an amount not to exceed $190,138.00,
subject to final terms and conditions acceptable to the City Attorney and Public
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Works Director and was SECONDED by Committee member Ralph. The motion
PASSED 3 - 0.
7. S 228th Street Union Pacific Railroad (UPRR) Grade Separation Project –
Port of Seattle Reimbursement Agreement
Mark Madfai, Design Engineering Supervisor noted that the information being presented is
for a renewed agreement with the Port of Seattle.
The proposed agreement was developed for the S 228th St/Union Pacific Railroad Grade
Separation Project and includes the Port of Seattle contributing $595,000 to the project.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign an agreement with the Port of Seattle committing to the Port’s contribution
of $595,000 toward the construction of the S 228th Street Union Pacific Railroad
Grade Separation Project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director and was SECONDED by Committee
member Fincher the motion PASSED 3 - 0.
8. Annual On-Call Tree Removal Contracts - Recommend
Joe Codiga noted that he and Scott Schroeder have been working toward putting together
an on-call tree removal contract.
Codiga noted that the average annual expenditures for tree removal using outside
contractors (exclusive of street trees) for the last several years has been approximately
$100,000. This dollar amount does not include city staff time or equipment. Wind storms
can cause this figure to vary. Significant staff time has been spent in the past acquiring
quotes for each hazardous tree situation, which delay’s hazardous tree and debris
removal.
Staff worked closely with the City Attorney on this new methodology for handling
hazardous trees. This new process for hazardous tree removal will be more efficient and
provide for a contractor to meet staff on-site to provide an estimate. If the estimate is
reasonable, staff can authorize the work to be completed within 24 hours. The annual on-
call tree removal contracts will terminate on July 6, 2018.
Committee member Fincher MOVED to recommend the Mayor to sign Goods and
Services Agreements with Hunter Tree Service; Davey Tree; Nature’s Way Tree
Service, LLC; Knotty Tree Service; and Arborwell Tree Management in an amount
not to exceed $100,000 for the removal of hazardous trees or other foliage on
City right-of-ways or other City property, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney and was SECONDED by
Committee member Ralph the motion PASSED 3 - 0.
9. Consultant Agreement RH2 Engineering Water System Plan Update -
Recommend
Evan Swanson, Water Quality Inspector gave a brief update on the Water System Plan
(Plan). Swanson noted that the Plan is required to be developed and updated and every
10 years by all municipal water purveyors pursuant to guidelines and standards set forth
by the Washington State Department of Health. The Plan provides a detailed overview of
the Kent Water System including current storage capacity, demand, and delivery
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capability. The Plan will also describe future water system demand based on growth
predictions and will identify possible deficiencies and capital projects that can remedy the
deficiencies.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign a Consultant Services Agreement with RH2 Engineering to complete the
2017 Water System Plan Update in an amount not to exceed $366,775.00,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director and was SECONDED by Committee member Fincher the motion
PASSED 3 - 0.
10. Information Only/Resident Traffic Calming - Update
Rob Brown, Acting City Traffic Engineer and Kelly Peterson, Transportation Manager noted
ten new requests have been received in 2017, seven of them in April and May. There are
currently 13 open Residential Traffic Control Program investigations (RTCP).
Citizens that have concerns about speeding in their neighborhoods can participate in the
neighborhood speed watch program. Contact Rob Brown at (253) 856-5571.
Based on previously completed studies, Radar Speed Signs to be installed this
summer include:
1) 148th AVE SE north of Lake Meridian
2) S. 280th Street east of 152nd Ave SE
3) Lakeside Blvd. W
4) Riverview Blvd.
Staff will come back at the end of the summer with an update.
11. Information Only/Recap East Hill Well
Bryan Bond briefly went through the timeline of the East Hill Well pump failure
replacement and successful startup of new equipment. He noted that the pump failed in
October of 2016. Staff brought a contract through Public Works Committee for the
replacement of the well. Bond stated that the well was successfully installed and the
project is now complete.
12. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director / City Engineer presented information
regarding the Quiet Zone. He noted that staff is moving along with the Notice of Intent
will be developed for the start of the Quiet Zone at Burlington Northern and that a similar
request fill be developed for the Union Pacific pending information from the railroad on
equipment updrades. Preliminary plans for fencing have been prepared for downtown.
Adjournment
At 5:14 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Administrative Asst. III
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 17, 2017
TO: Public Works Committee Members
FROM: Richard Schleicher E.I.T, Environmental Engineer
Mike Mactutis P.E., Environmental Engineering Manager
THROUGH: Chad Bieren P.E., Deputy Director / City Engineer
SUBJECT: Drainage Agreement with Lake Meridian Estates, LLC -
Recommend
SUMMARY: In late 2016, Lake Meridian Estates (LME) notified the city of a failing
storm drain pipe that conveys public and private storm water flows through the LME
property to an outfall in Lake Meridian. The city discovered it has no property
interest in the pipe, i.e. no drainage easement, therefore the city and LME formed
this agreement clarifying future maintenance responsibilities surrounding storm
pipes on the LME property and establishing easements necessary for construction
and/or reconstruction of pipe through LME.
EXHIBIT: Agreement with Lake Meridian Estates, LLC
BUDGET IMPACT: This project is funded through budgeted drainage utility funds
for miscellaneous storm improvements.
Motion: Move to recommend Council authorize the Mayor 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.
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AGREEMENT
This Agreement is between the CITY OF KENT, a Washington municipal
corporation ("City") and Lake Meridian Estates, LLC, a Washington limited liability
company ("LME"):
RECITALS
A. LME owns real property ("Property") located at the north shore of Lake
Meridian, immediately west of the intersection of 135th Avenue SE and SE 256th
Street in Kent, Washington, APN#2722059L93.
B. In late 2016, LME discovered a small localized sinkhole, located generally in
the southern portion of the property on a private access road and located
approximately above an existing 24-inch corrugated metal storm drain pipe ("Pipe")
that conveys stormwater through the property and outfalls into Lake Meridian, The
sinkhole appears to have been caused by the failing of the Pipe which runs beneath
the Property diagonally from the northwest to the southwest corner of the Property.
See Exhibit A.
C. The Pipe is located entirely on LME's property and the City has no property
interest or rights to maintain, operate, inspect or repair the Pipe or in the portion of
the property where the Pipe is located. Stormwater flows originating on public and
private properties upstream of LME are routed through the Pipe. Onsite
improvements such as rooftops, roadways, parking lots, and other areas on the
LME site also contribute stormwater runoff to the Pipe.
D, The Parties desire to repair the sinkhole and divert stormwater away from
the Pipe to a separate stormwater system to be owned and maintained by the City.
The Parties hereby agree as follows:
AGREEMENT
1, Releases
1.1 Release of Citv. In consideration for the City's repair of the sinkhole
set forth in Section 2 and the redirection of any off-site generated
storm water away from the Pipe, LME releases the City from all claims
known and unknown relating to or arising from the Pipe, the sinkhole,
the City's redirection of storm water away from the Pipe and the repair
of the sinkhole.
t.2 Release of LME. In consideration of the release of the City in Section
1.1 and the granting of the easements as set forth in Section 3, the
City releases LME from all claims known and unknown relating to or
arising from the Pipe, the sinkhole, the City's redirection of water away
from the Pipe and the City's repair of the sinkhole.
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2. Citv's Obligations.
2.L The City agrees to perform the following tasks on or adjacent to the
LME's Property as shown in Exhibit A.
(1) Repair the sinkhole through replacement of up to 60 continuous
linear feet of the Pipe beginning at its outfall into Lake Meridian,
with necessary outfall isolation, connections, appurtenances,
surface restoration, permits, and engineering servíces.(2) Redirect any off-site generated storm water away from the Pipe
to flow within a separate stormwater system located within the
drainage easement described in Exhibit 82.(3) Provide construction management and engineering support for
sinkhole repair and other work proposed in Exhibit A.
2.2 The City shall not be responsible for any subsequent repairs of the
sinkhole or any other damage, known or unknown, in any way related
to the sinkhole or the Pipe,
2.3 The City will own and be responsible for repair, operation,
maintenance, inspection and other tasks for the stormwater system
located within the City's new drainage easement and existing drainage
easement.
2.4 Upon completion of sinkhole repair, LME will own and be responsible
for maintenance, operation and reconstructíon of the stormwater
system outside of the City's easements.
3, LME Obliqations.
3.1 LME shall be solely responsible for the following
(1) Repairing any known or unknown damage to the Pipe following
completion of the City's repair.(2) Any future repairs in the area of the sinkhole.(3) Any known or unknown damage on other portions of the
Property other than the sinkhole identified in Exhibit A,
3.2 Easement Granted to Citv. LME agrees to execute the access
easement, drainage easement and temporary construction easement
in the forms attached to this agreement and described in Exhibits 81,
B2, and 83 respectively. The temporary construction easement shall
expire three years after it is executed. LME shall deliver the executed
easements simultaneously with this executed Agreement. The City is
not obligated to begin repair work until the easements and Agreement
have been recorded. The City has agreed to record the easements.
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4 Entire Agreement. This instrument and the attached exhibits comprise the
entire agreement between the Parties with respect to the subject matter
within the Agreement and shall not be modified or amended in any way
except in a writing signed by duly authorized representatives of the
respective Parties or their successors in interest or assigns.
Full and Final Settlement, The Parties agree that this Agreement
represents a full and final settlement of all claims, known and unknown,
that LME asserted or could have asserted against the City.
6. Binding Upon Successors and Heirs, This Agreement shall be binding upon
LME and any purchasers or future owners of the Property, as well as the
heirs, legal representatives, successors and assigns of LME,
No Admissions, LME agrees that this Agreement is not an admission by the
City that it, or any of its employees, agents, elected officials or volunteers,
has violated any law, policy or contract or failed to fulfill any duty to LME.
Default, If a Pafty defaults in the performance of this Agreement, either
Party may pursue any other right or remedy provided herein or as
otherwise allowed by law, Exercise of any such right or remedy shall not be
deemed a waiver of any existing or subsequent default nor a waiver of such
right or remedy.
Severability, If any court of competent jurisdiction shall determine that any
portion of this Agreement is unenforceable, then, to the extent possible,
the remaining portions hereof shall be unaffected thereby.
10, Interpretation. Each of the Parties was represented by legal counsel with
respect to this Agreement, or was given a reasonable opportunity to consult
with their own legal counsel, and has had ample opportunity to review this
Agreement. This Agreement shall not be interpreted in favor of or against
either Party by reason of whose attorney originally drafted it.
11, Third Partv Beneficiarv. No person other than the Parties has any rights or
remedies under this Agreement or the right to enforce any provision of this
Agreement against any Party.
12. Venue. Venue for any action that may be brought as a result of any
dispute between the Parties in any way arising out of this Agreement shall
be in King County Superior Court.
13. Counterparts. This Agreement may be executed in identical counterparts,
and once all of the Parties have executed a counterpart, this Agreement
shall be fully enforceable, as if all Parties had signed the same original
instrument.
5
7
B
9
11
L4. Integration. This Agreement constitutes the full and complete expression
of the agreement between the Parties with respect to the subject matter
hereof, and supersedes any and all prior or contemporaneous offers,
negotiations or agreements between the Parties, Any amendment or
modification to any of the terms hereof shall be in writing, signed by the
Parties hereto.
15. Authoritv to Act. Each Party warrants and represents that it has full and
complete authority to enter into and perform this Agreement and each
person executing this Agreement on behalf of a Party warrants and
represents that he/she has been fully authorized to execute this Agreement
on behalf of such Party and that such Party is bound by the signature of
such representative.
16. Assignment. No Party may assign its right or obligations hereunder to a
third party.
L7. Effective Date. This Agreement shall become effective on the date when
the last Party to sign has executed this Agreement and shall remain in
effect unless terminated by the written agreement of the Parties.
NOW, THEREFORE, IN WITNESS WHEREOF, the parties hereto have
freely and voluntarily executed this Settlement Agreement.
CTTY:
CITY OF KENT, a municipal corporation of King
County, Washington
By
Name: Suzette Cooke
Title: Mayor
APPROVED AS TO FORM:
KENT LAW DEPARTMENT
12
Lake Merid Estates, LLC
By:
Print Nam $^uL3 Êc¿rtl
Its 14nrreøp.
13
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Cal ifornia
ú'Qn-to,{Jfot ro.:County of )
on*JUrP, å7 , Jo t 7 before me b¿,Ò
(insert name and of the r)
personally appeared .?, yl¿aq&
who proved to me on the of satisfactory evidence to be the person{$ whose name(g is/are-
subscribed to the within instrument and acknowledged to me that he/sh€lthey executed the same in
his/he#theiÞauthorized capacity(io$, and that by his/herltheir signatureþ) on the instrument the
persotpd" or the entity upon behalf of which the person{$ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal
Signatu (Seal)
Commlsslon # 2050268
llotary Publ¡c - Celllornl¡
Ssnta Cl¡ra County
Dcc 2017Comm.
14
SHEET INDEX
PUN
DRAIN PROFILEKENT
WASHINGToN
CITY OF KENT
8I'ZETTE COOKE - MAYOß
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PUBLIC WORKS PROJECT
LAKE MERIDIAN ESTATES
STORM DRAINAGE REPAIR
EXHIBIT A
JOB NUMBERS 16-3017 VICINITY MAP
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PROJECT
LOCATION (ii
15
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RÞLÀGo lN ¡E oRtCtN[ PO$Ìd Æ CoNSnUCtil,
22 ORIWAE $ÀLL AilÀN æil ÀI M IMES CONNÀCM SU COORDIilÀE AIS WK SSEOUE Uff BE PRæfiÌ @dPNß rc OEMMNE üE
AEST IME TO ruLfY fr PÆIUY CLOS TE DRIWAE IN MOER IO PffFffiM HIS KRK. IF A ORIEWAY CN NOI R&AN OPil, ÂND ¡N flSNCsmD^RY DR|E*ÀY tS NOT
^VÀWE
F4 U$, ßE Cdn^CTOR $AL CdmUfi
^
EtPoR¡nY mtWW r BP$ÆY oR¡W ß W AE RiloWD,AO DE AREA $¡[ AE RÑOIÐ TO IATCH üSING dDINONS Wfl ilE MRSilDINC PffiUÀ{ilI DRIWÀY IS æEN FM U$. AI NO lTE il[cNmucÌd
^ctvnEs
aE uoþ to PRMNT ^ccs rc PRoPERIES.
LEGEND
Ix¡$rc_rEÂ1¡ßEs_lÊtÊÀt_
O KEE NoE
DATUM
,+,w
ilG_*\DETAII NUIAS
$aF NU!38 ß&É SCÎoNm of, 1 ts REmËñm
ERIC^L O^ruUr N^ú æH$lzNrA o^rMr N^0 d^l
Ot d (dl BddYÆK No, 7224 dÌ 6 (41 AdCHU^RK No, AallâBd!¡RX tuV Ìil: a2&677 A86yR EUV Ìd: {3975NdtlNô: iS7lO,06 NoRû|NG 137519,352
Eß¡No: l5!O3a9,26S0 E^SINC 131o323.73f,4
aû4U¡RK DESCRIPION: UIC ^T BdSVM DEW¡Pnd: FdNONmscrN 6 $ 2s sT ao ülc
^T
tNERscnoN t3bd
^E
s
132 ÀE $. Ud DEsc: r r 3' !N ors: t' !cNdft P¡m wil 1 3/4' ERß a' Cdmm P6l Uil 1.7t0t*, Dow-0.75' B[os Rtr. aRß otsc N0'x'. oos: 0.75.c^$. a'.
FRANCHISE UTILITY NOTE
ß RÀNdls 01!Û HNo H06¡ üNCld BOES, V ULE, CÆtNft, PÐESTIS.
ETC, $¡[ AE RIOCÀD, R€VO@ ÂFU@ No/OR ¡DüSÐ rc ffiÆE By üEm^Ndts uruû Nm 6 ütF ReREsl nE, uNÉs oûaûsE NoED dûN FUNS. fl€ Cqm^Ct* gÀú CffiDtN^E tls þRK {ü ûE UiUñcdPANi Àu ot tr xtl 0NÐ JNctd BoEs, v(E BoxEq uæR aoEs. Etc,SU AE RETæAEq REIOED, RæUGO ND/& ¡MS@ TO EÆE ¡S NOED ON
FRANCHISE UTILITY CONTACÏS
^r&r D^N uced4 (¿25) 696-93J0
PsE trcnE: DñNIS 6øff (425) 117-91u
PSE 6^S CENil TELTON (2$) 39ç692€
GñruRWNK: J^Sd ES^L (203) 345-3Æ
dc^l CÆEr El[ WMû (206) 2s-6975
ÐcNusT/mGRuNE
-
CULWI
+
Ì1
ox
ø
scN
SNEI U$TAUMINAIRE
OECIDUdS NE
ABBREVIATIONS
2{ ffE COSß FOR @ERÀ F[SlG^rd ND ffN UF fiEOUREO N CqFU^N€ SU üÉ $ECTFC^¡$S Fm ürS PROÍCI SHI AE CqSDEEO
IilOÛflTAL IO ND IilCLUDÐ IN flE UNII CfiBACT PRI€ OF OÊER BIO IB5 EXEPI FOR ffOSE IEUS INdUDÐ IN BE PRæCL
25, Sl nds
^N0
oFsm so$ ãoR c^lq B^stNs
^RE
fo 6ER s snucruR¿ F No ffil ts ct6 üE RæEcnw oBJEcE
^nE
6mÐ oN üE
26. S'fiU OR¡IN PIPE RCTS ND SOPES ÆE CALðLA@ Md ME 6 SNUCßRE IO CENER OF SUCTRE F PIPE DÀWdß rc ERÆE, PIPE
ESfl
^ND
SOPE tS C[dUm R0! Cflm ff SnúCruRE rc ENo S P|PE,
snEl
BPORÆY mOSS Æ0 SÐNINT dn(
6
E
Eê
ÊL
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IE
tNl
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N
NE
ST
I
ESC ffi
EXHISIT A
GENERAL NOTES ANO LEGENOEnsinærins DiYision
LAI(E MERIDIAN ESTAIES
16
I
*
i
NW 1/4 SEC. 27,'r 22 N, R s E, W.M.
TEMPORARY EROSION AND
SEDIMENT CONTROL NOTES
t. ûE lup@N toñ 0F ûÊ Esc usuREs, tNcLUDtNc coNmumoN, umNcE,n¡puctM, N0 ut6NrNê 0F ÈE Esc F^ctmEs, ¡s nE n6PoNsìBtfr 0F ßEcotuÌoR uml u @NmuooN ¡5 coüPlm N0 rccm w BE cfl.
2, THE ESC FrcìBS SHOM ON üIS PW SÛ UUS BE MXffiÙCEO IÑ
CONUNCION W OR PRIOR IO U UORK, AD IN SUCH Â WNER Æ IO RSUREIUI SEOITN UDEN W¡ER MS ¡OI WM üE DilMCE WM OR VOUEfÀE W¡ER OUÀUry SNOÆN. TE TE* ÍACIMES UUS BE ruNCNOW BFORE
l. flE tsc ñ¡ctt¡s sHoû 0N tts PN sf ÆE BE ul$MUM REounilm FoRÑCIPÂÞ SM CONDMOilS, OURING frE CONMUflON PArcO, fr6E ESC
FÆtmEs sru aE uP6ruÐ (E.G, ÆDmON SUIPS, ÊÊLûroN 0f oÍCHS A0
SILI BCES, f,C.) Æ NEÐÐ FOR UNEXPEM &NFE *Ñ Æ DIRd@ WtE flctN8,
4. tE GSC F¡OmES SAI AE NSPECEo fl ffE COmqoR DÀLt 0A Æ otnÊmil TE &CINEM. ES FÆIMS Sru BE UFÀNÐ Æ NECESW TO ENSUFETÛ COMNOE TO ruNCNON ND OPEilE Æ IMDEO. SHil EUPOW COMOLoilc[s ÆE No foNcER NmEo, frE comfroR sru REMoW frEu ND
IùIEOARY WRK TO IÆIÚ28 üE Æffi frfl æCUPIED Æ ûE ENCINEER OIRECE.
5. Ñ BP6ÊO Ætr MI ME BIEN MIPPÐ OF ECÍATON, I{CLUDNC RWÀY
EüSAKMEm, SN AE SÆtúZÐ Wm ÆPRoE ESC Mfroß (4.C. SmdC,
MULCAINC. NmNG, ffiOStON BWK$, ÍC.) VfrrN 2 D E oÙR|NG n¡ W SffON
(æIOBM 1 TrcUGH ÆRIL S) dD *NN 7 DAß DURING ilE DT SSON (UY I
ÈROUGH Sc@6ER S) OR 6 Drñ€Clþ W BE flCtNEER,
6. & EMPOW ÑsION AD SÉOIilEffi COMOI AUre SN EE CLilÐ Mil
sEotMEM RACHS l/3 ÈE CÆ Cfr 0f ilE AUP. U SEDIEñ REUO@ oURTNG
frE CHING OPEM¡ON W[ BE PRWED ruI ffiING ¡MO ftÉ CÑS
foRB ER SB OR N SURF CE W Ì8 ffiS (Ëmos, SRWS, CRE*S,rc).
7. SÆU4NON AO WINC SY AE REOUIRÐ TO ilSURE ftAI RCK-OW MES
NOI æCUR OF OF üE SE NO U PAE Áff ÀRE KM CLN FOR ÊE
,FH_¡
sE 257ù
sE253lhCl
/
l
6.waEE 5EÐ|NG FOR BrcW ERoSION Com! lS iEQURED, Æffi SN0Æ0
EROSION SEÊO lIX (€' CREæINC RED MCUE, ¡5¡ PERENMI MGN, IOZ
HIGHNO COLONÈ BilIGNS) Sru BE ÆPUÐ. SHOUÚ ÈÊ ÆA ÊE O'flNÊÐ
OUE IO fuNF& ffi AEFORE S!MdW CNS CROW, OüR ProEtr
MæURES WU AE iEOUIRÐ IIIEOÁÈY TO PRW MSþN ffiN MI ÆA
s. wHmE mw lutcH FoR mmw ftsloN comL s REQUTRÐ, r sru BEpPUú
^l
À !¡Ntuùx flrckNE$ oF 3 tNcHEs.
z aouNo^Rf m s€ 2531h Ct
to, sHouú ûe comcÌoR tÀL fo tNs[ ilE REQUTRÐ Esc ilæuREs, oR lo
P'RIORU ùIltlMCE N À IUAY úNN8, OR FA6 TO IÁE IIMæAE ¡qþN IO
tNt^u DDmoN fpR@ PnoÊcM MæuREs, u nNEs, @t oF ct4uP.cos toR DUE N0 M-1![ sru 8€ &RNE W nE COWfrOR.
RfOUNflEM Sru FPLY IO [ Æff OF ûE Sft SUilEfr TO
coNmúfroN ^m, NcLUDtNc cowoR coNsufroN suPrcm FÆrmEs,comToR gÆÌNG Ææ, comfroR PmoNN& PÆxrñc Æ*, EourPxff N0UERI SOmGr/UmWN Æff, NO ffin Ææ mUZEo ñ tE æl{]woR
FOR @IPTON OF UE MRK.
-úSlñC
sE 25Sh Sl REPORT SPILLS
INF &PC'}LLUIION
ffirñ |NLET PROTECTTON
\:// Nor ro sc¡LE
EXHIBII A
IESC PLANE¡sheetus
LAKE MERIOIAN ESIA]ES
17
i
*
i
NW 'll4 SEC. 27, r 22 N, R 5 E, W.M
GENERAL NOTES
L C lfr B^SN SnUCruñEq R&ES ND 6^ES P4
PRdEfi gEqFCANilt
2. ¡[ RæOg STGT OR¡Ñ PIPÊ NTqNC SUcdFm lo s[cld
^
d stgÊl 6.
] DENS Wer nd, !^ruFE mES
^N0
BONG NOroEPrcÉ N ùts Pd Éxsl N*ff G * 257rh clff^l M^Y r[P^Cl ÄCCESS fO WX ÆEÀS CSnÀCÌOR
rc ilgECl NÊ^ BTORE SE6XN|NG CdSnUCnd
KEYED NOTES
ai) plüc ExsrNc 1s' p€ I No ÆÀod rN-pucÉ,- nfloE
^s
REourRqo to F^ouf^E Nsr¡utN ff
6 PLuê ûtstNê 1a' $ ÁNo ÂBN0N tñ-PuÉ
N: lSl62.$
E 1JtO7a{36
,FFF-"
I
I
I
I
I
ME
EreT ME i
I
60'mEil6Sl: 52+69.19RgoE ãsl mE [ €
€0'
\
cB-a
JNCI$ SNUCruRE
I
ffi99.55
9'*' RECT NOW¡{cnfl snucruRE\
REUOE ENI ME [ 6
ra4 EXHrBtf Â
SÎORM ORÂIN PLAN
LAKE MERIDIAN ÊSTATES
S]ORM ORAINAGE REPAIR
18
KEYED NOTES
OÍÊoÍL1d$66.
@ ntuc asnxc ta' pE sD ND ¡aÀNDoN tl-puc, REiloE
as REoutftD fo fÀqul E tNstautd f €-2
GENERAL NOÏES
1. C^Td A^SN SnUCruñEq mdES A0 d^ES PER
PROECT $EOFC^¡dS,
2, ^[ PReñ Srç! DÂ^N PPe nd4NC S&cdFmt to sfctd
^
d ûts sÉf,
't"
t?
IB
.." lfã
igH
tË-
1A'E
ta' E
52+69.1S
Æ.47 15'€rn*317.07
42' tE dr s 30&s0
24' lE lN N: 396,90
Æ2.r7 (Þu ror** m Õ)
lE oUI s: 39ô.53
¡E lN E: 196,95 IE
IE
IE
IE IN
,J-s+00
1""
I
c8-5
1t
6ó' iÞE
ãH
,ã
I
a2' rE di s J85,26
.,.1
s',s' REdTA@wlNcnd snucruRE
: 42- ìÊ tñ N* 5t.69oÙ[ ú' rE üT sÉ 37s.70 It
r963
H14
Ë
5+@
ffi
EXHIBIT A IA(E MERIOIAN ESÍATES
SIONM DRAINÀCE REPÂIR
19
,-*GENERAL NOTES
L C^Ìd Ê^Sril SftUCNf,Ég m&6 N0 G^ES PER
PRNÉCÌ $Edf,C tqs
2. [L PR@NO SIdU DRAN PIPE fiSdING $UcdFfiM to sctil
^
oN ffts $E€a
6' frtdcd6ft
-ftstNG
GR@ND PROFGED PIPE EreB VÆìES
BASEO d REQUIREO REUOVÀL ENGB
IO LOCAE EXSNNG MUCruRUY
souND.ctP lo cdNEcl Ìo
s sctoN
Nqfi 6' ldc J4 REA¡RDoE tNto wu d c TcH
BÀSN AND @NdEE D¡MC$NECT flP TO EXSNNO CIP Uil SD8s¡
ou^L s' tE lN Nw 375æ
0Ù^L S' lE OUT NE: l7l@
"t-"?r3t
#Ëtrfrl;:'
lUl
Ët
EACH SDE
6' ttd cÀsl-tN-Puc
CONGEE HIGH IOW ON
' RIM: SO.32
DU^L &' r€ N N* J7t3A
oU¡L 30' lÉ dl S1 JT'S sEcIloN_-ltEI¿
DUAL S' ¡E IN
/1\ TYPICAL STORM DRAIN BLOCKING DETAIL
ffi
1. ¡[ SRF^C|NC FûS SOW
ÆE CdPACm 0æBS
Lnrs $EEi
2.oÊPn ÀD &Gñ!ât füstNG ulurEs vÆf,
rdrÎotr
^ND
Norft fldN&s aY dtucß. cdn^ctd*[ IÆE ÆPROPRIAE
IEÀSUñES TO PROECI OIUI6
2. EÆ1NG CNAS
Bt^ ü$ l/2' Pê 6e22
evA cÁss 1 /2' Pc 6ç22
6' CRUSEO SRFAOÑG
ORÀN Nild $U BE6SD8Ð tNôo&fÀL ND
^trcos s^[ aE tNèuoÐ tNff€ UNIf gO PRIG Éfr ÈE
tstNc s8ftÆÉ 0R
PPE Ndd PEA*ctrN À, û15 sEf 9Edf,CÀrilS SCÌN 2-@,4
FG I€ASREMilT G Bd
5/6'-MTNUS ffiPAVEMENT SECTION Æ\TYPICAL STORM ORAIN TRENCH sEcTIoN
EXHIBIÍ A
STORM DRAIN PROF¡LE
SECÎIONS AND DETÀILS
UKE MERIDIAN ESTÀTES
SÍORM DRÀINAGE REPAIR
20
AFTER RECORDING MAIL TO:
Property Management
City of Kent
220 4th Avenue South
Kent, WA 98032
Grantor(s): Lake Meridian Estates, LLC
Grantee(s): City of Kent
Abbreviated Legal Description:
BEG AT NXN OF S MGN OF SE 256TH ST & W MGN OF 135TH AVE SE TH S ALG SD W
MGN 5OO FT TO TPOB TH CONTG ALG SD W MGN PROD S 500.58 FT TH S 29.59.00 E
110.25 FT TH S 01.O7.OO W 45 FT M/L TO SH OF LK TH WLY & SWLY ALG SD LK SH TAP
WCH BEARS S 62.58.40 E FR PT 20 FT E &456 FT N OF SW CORTH N 62-58.40 WTO E
MGN OF I32ND AVE SE TH NLY ALG SD MGN TAP 5OO FT S OF S MGN OF SE 256TH ST
TH E TO TPOB & POR OF BED OF LK BELONGING THTO
Assessor's Tax Parcel No.: 2722O59L93
DECLARATION OF ACCESS EASEMENT
WITNESSETH
This Decl ion establishîng a non-exclusive Access Easement ("Easement") is made
this2
a rat
1A>'day of [uma.,20L7 , by lake Meridian Estates, LLC
(hereinafte r "Grantor"). J
RECITALS:
WHEREAS, Grantor is the current owner of real property located in the County of King, State of
Washington, as legally described in Exhibit C attached hereto and incorporated herein by this
reference (the " Property");
WHEREAS, Grantor desires to create a permanent Access Easement ("Easement") on, over, and
through the Easement area shown and legally described on attached Exhibit 81- to provide
access to a utility easement;
Page 1 of 2
21
WHEREAS, Grantor intends that the Easement permit and enable the City of Kent, its heirs,
successors, contractors, assigns, invitees, licensees, permittees, and employees, to use the
Easement area for access;
WHEREAS, Grantor desires to grant such Easement upon the terms and conditions set forth
below;
NOW, THEREFORE, Grantor hereby submits the Easement area to the terms, covenants, and
restrictions set forth herein as follows:
1. GRANTOF EASEMENT. Grantor herebygrants and declares a permanent non-exclusive
Access Easement over and upon the Easement area legally described in Exhibit Bl for
the benefit of the City of Kent, which easement shall be appurtenant to and for the
benefit of the City of Kent and may be used by the City of Kent and by its heirs,
successors, contractors, assigns, invitees, licensees, permittees, and employees.
2. SUCCESSORS. This easement shall be a covenant running with the land forever and shall
be binding on the Grantor's successors, heirs, and assigns.
3. INTERFERENCE. No permanent obstructions of any kind shall be allowed within the
Easement area that would impede ingress or egress for the purposes herein defined.
lN WITNESS WHEREOF, the designated Grantor has hereunto caused its hand and seal to be set
as of the day and year written below.
Dated tnir Z?l|d^v or (,trt c-,20L7.
Grantor: Lake Estates, L
Sign:
Its:Mno¿reøP
By
Page 2 of 2
22
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Ca lifornia.
o))aefa_ Clla,,a,>County of )
o n4 ð-'l èø/before me,an bkc>
(insert name and title of the officer)
personally appeared J &^vß
who proved to me on the is of satisfactory evidence to be the personSf.whose name($ is/e¡e
subscribed to the within instrument and acknowledged to me that he/sltelthey executed the same in
his/ffiheir authorized capacity(les), and that by his/her/tl'reir signature(s{ on the instrument the
personþd, or the entity upon behalf of which the personþ{ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu (Seal)
@ Commission # 2050268
Notary Public - California
Santa Clara County
Dec 201Comm
23
Exh¡bitB I
TAX LOT #2722059193
ACCESS EASEMENT
THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED'PARCEL A"
PARCEL A:
THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 27, TOWNSHIP 22 NORTH,
RANGE 5 EASÏ, OF THE WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, DESCRÍBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF A LINE 502 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID GOVERNMENT LOT 2 WITH A LINE 530
FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT
LOT, SAID POINT BEING ON THE WEST MARGIN OF 135TH AVENUE SOUTHEAST,
AS SHOWN UPON THE PLAT OF SHORE LANE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 59 OF PLATS, PAGE 62, IN KING COUNTY,
WASHINGTON;
THENCE SOUTH O1OO7'23U WESTALONG SAIDWEST MARGIN AND SAME
PRODUCED, 500.58 FEET; THENCE SOUTH 29o59'00" EAST 110.25 FEET;
THENCE SOUTH 01'07'OO'' WEST 45 FEET, MORE OR LESS, TO THE SHORE LINE
OF LAKE MERIDIAN; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID
SHORE LINE TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DEEDED TO WILLIAM N. WILSON AND CLARETTA W. WILSON, HIS WIFE,
RECORDED UNDER RECORÐING NO. 3062869;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO ITS
INTERSECTION WITH THE EAST MARGIN OF 132ND AVENUE SOUTHEAST AS
CONVEYED TO KING COUNTY UNDER RECORDING NO. 4164224;
THENCE NORTHERLY ALONG SAID EAST MARGIN TO A POINT ON A LINE WHICH
IS 530 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID
GOVERNMENT LOÏ 2;
THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE POINÏ OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE BED OF LAKE MERIDIAN BELONGING
THERETO, UNDER THE LAW OF BOUNDARIES, AND
TOGETHER WITH AN EASEMENT OVER AND ABOVE A STRIP OF LAND
UNIFORMLY 30 FEET IN WIDTH FOR INGRESS AND EGRESS, THE WESTERLY
BOUNDARY OF SAID EASEMENT BEING COINCIDENT WITH A PORTION OF THE
EAST BOUNDARY OF SAID TRACT, SAID WESTERLY BOUNDARY BEING
DESCRIBED AS FOLLOWS:
24
BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTHEAST
258TH STREET WITH THE WEST MARGIN OF 135TH AVENUE SOUTHEAST AS
SHOWN UPON SAID PLAT OF SHORE LANE;
THENCE SOUTH 01'07'02" WEST ALONG THE PRODUCED WEST MARGIN OF 135TH
AVENUE SOUTHWEST, A DISTANCE OF 178.42 FEET TO THE SOUTHERLY LINE OF
SAID 30 FOOT STRIP OF LAND.
SITUATE IN THE COUNTY OF KING, STATE OFWASHINGTON,
CONTAINING 15,848 SQUARE FEET, MORE OR LESS,
{ütp
25
LAKE MERIDIAN ESTATES
ACCESS EASEMENT
DRAWN BY: TLM
SCALE: 1"=100'
1/4 0F SEC 27, TOWNSHTP 22 N,
RANGE 5 E, W,M.
IN THE NW 1/4 OF THE
CITY OF KENT
LAND SURVEY SECTION DA.rET O4ngl2o17
SQ. FT1
PARCEL #7941 750000
SPRINGWOOD TOWNHOMES CONDO
l¡JØ
IU
o2ñt
sr)
20'WIDE
u¡(r,
l¡J
t-lf)
(Y)EASEMENT
PARCEL #2722059193
{N
I
@
I
IMPORTANT;
THIS IS NOT A SURVEY, IT IS FURNISHED
A CONVENIENCE TO LOCAIE THE LAND
INDICAÍED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
Prciect f 16-3017
EXHIBIT
26
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN : PROPERTY SERVICES
Grantor: Lake Meridian Estates, LLC, a Washíngton Limited Liability Company
Grantee: City of Kent, a Washington Municipal Corporation
Assessor's Tax Parcel ID Nos. 2722059L93 S-T-R: 27-22-5
Project Name¡ Lake Meridian Estates Outfall Repair
UTILITY EASEMENT
THIS INSTRUMENT is made and entered into this Z#
20L7, by and between Lake Meridian Estates, LLC, a Wash
Company ("Grantor"), and City of Kent, a Washington
("Gra ntee").
day of L,n,"
ington LYmited Liability
Municipal Corporation
Grantor, for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor,
conveys and quit claims to Grantee an easement for storm drainage with necessary
appurtenances, for the installation, operation, maintenance, extension,
construction, alteration, reconstruction and repair over, under, through, across and
upon the following described real property, situated in King county, Washington:
SEE EXHIBIT *82" ATTACHED
Grantee shall have the right, without prior institution of suit or proceeding at
law, at times as may be necessary, to enter upon the above-referenced property,
as generally depicted in Exhib¡t "82," attached hereto and made a part hereof,
including any immediately adjacent incidental areas, with the necessary equipment
for the purposes of altering, installing, operating, maintaining, extending,
constructing, repairing, and reconstructing storm drainage facilities, or making
connections to those systems, without incurring any legal obligation or liability;
provided, however, that the private improvements existing within this easement
area and the immediately adjacent incidental areas shall not be disturbed or
Utility Easement
Page 1 of 2
27
destroyed, or in the event they are disturbed or destroyed, they will be restored to
substantially the same condition as they were immediately before the properties
were entered upon by the Grantee.
Grantor shall retain the right to use the surface of this easement, including
the immediately adjacent incidental areas, so long as that use does not interfere
with the Grantee's uses as described in this document. Under no circumstances
shall any structures be placed or erected on this easement. Grantor shall not
change the surface grades, except as approved in advance by the Grantee, in any
manner that would unreasonably interfere with ingress, egress and access by the
Grantee for the installation, operation, maintenance, extension, construction,
reconstruction or repair of the facilities.
Grantee shall at all times exercise its rights under this easement in
accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having jurisdiction. Grantee accepts the
easement area in its present physical condition, AS IS. Grantee does hereby
release, indemnify and promise to defend and save harmless Grantor from and
against any and all liability, loss, damage, expense, actions and claims, including
costs and reasonable attorney's fees incurred by Grantor in connection therewith,
arising directly or indirectly on account of or out of the negligent exercise by
Grantee, its servants, agents, employees and contractors of the rights granted in
this easement,
This easement shall be a covenant running with the land, and shall bind
Grantor's successors, heirs and assigns, and all future owners of the real property
affected by this easement.
GRANTOR:Meridian
Sign:
Utility Easement
Page 2 of 2
By
Its
28
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
aLaxa-¡)
ê1 àÕt7 before me,Qm nVYrpefuLte-, t/o?rurl fl,øàoU (insert name and iitle of thYofficer)
personally appeared J *tul
who proved to me on the of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal
Signatu aafuA^g)(Seal)
@ Commission # 2050268
Nolary Public - California
Santa Clara CountY
Comm. ires Dec 2017
MCCLURE
29
EXHIBITB2
TAX LOT #2722059193
UTILITY EASEMENT
THE NORTH 15.00 FEET OF THE WEST 193.00 FEET OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST, OF
THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING SOUTH OF THE
SOUTH LINE OF ÏHE NORTH 53O.OO FEET OF SAID SUBDIVISION;
AND ÏHE SOUTH 48.00 FEET OF THE NORTH 63.00 FEET OF THE WEST 7O.OO FEET OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP
22 NORTH, RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING SOUTH OF ÏHE SOUTH LINE OF THE NORTH 53O.OO FEET OF SAID
SUBDIVISION;
EXCEPT THE WEST 2O.OO FEET FOR 132ND AVE SE.
CONTAINING 4,995 SQUARE FEET, MORE OR LESS.
/ Ll¿ot7¿
30
LAKE MERIDIAN ESTATES
UTILITY EASEMENT
DRAYVN BY: TLM
SCÀLE: 1'=50'
1t4 AF $EC 27 ,TOWNSHTP 22 N,
RANGE 5 E, W.M,
IN THE NW 1/4 OF THE
CITY OF KENT
LAND SURVEY SECTION
Ì*(\¡
O
TU
U)s
3z{'
3z
SE 256TH ST
l¡¡.t)
UJ
oz(\¡(r'
llJz
=l-
U)
u¡
=
PARCÊL #7941750000
SPRINGWOOO TOWNHOMES CONDO
63.00'15.00'
93.00'
{
N
70.00'
PARCEL #2722059193
20'
48.
I
@
I
Pro.¡êct # l6-3017
PW2016-026
IMPORTANT:
THIS IS NOT A SURVEY.
'T
IS FURNISHED
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WTH REFERENCE TO
STREE'I'S AND OTHER LAND. NO LIABILITY
IS ASSUMED BY REASON OF RELIANCE
HEREON.DATE: 0411912017
EXHIBIT
31
Temporary Construction Easement
THIS EASEMENT made thisZ?S¿¿y of OL7, by Lake
Meridian Estates, LLC, a Washington limited liability company ("Grantor"),
and the CITY OF KENT, a Washington municipal corporation ("Grantee").
WITNESSETH: That Grantor, for mutual benefits and other valuable
considerations, receipt of which is hereby acknowledged by Grantor, do by
these presents grant unto the Grantee a temporary construction easement
and right of entry, including reasonable rights of ingress and egress, to be
used only during construction of the Lake Meridian Estates Outfall Repair
Project ("Project"), said temporary easement and right of entry being
through and across a portion of tax parcel number 2722O59L93, also being
known as Lake Meridian Estates ("Property") situated in King County,
Washington:
See Exhib¡t *83" attached and incorporated herein
The temporary construction easement and right of entry shall remain
in force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance
and operation by the City of Kent. This temporary construction easement
shall terminate three years upon execution of the temporary construction
easement.
This temporary construction easement shall become effective upon
execution (Effective Date).
Grantee shall have the right, without prior institution of any suit or
proceeding at law, at such times as may be necessary, with at least two (2)
business days prior written notice to Grantor (except in the event of an
emergency) to enter upon the Property for the purpose of construction of
improvements pursuant to the Project, provided that the construction of said
improvements shall be accomplished in such a manner that the existing
improvements and land contours existing on the Property shall not be
disturbed or destroyed, or in the event that they are disturbed or destroyed,
they will be replaced in as good a condition as they were immediately before
Page 1 of 3
32
use commerc¡ally reasonable efforts to avoid interfering with Grantor's
normal course of business on its adjacent property as Grantee exercises its
rights hereunder.
Grantee shall at all times exercise its rights under this temporary
construction easement and right of entry in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee shall defend, indemnify and
hold harmless Grantor from and against claims, damages, liability and fees
and costs (including attorneys fees and costs) incurred by or claimed against
Grantor as a result of Grantee's negligence in the exercise of the rights
herein granted to Grantee; provided, however, nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability
attributable to the sole negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
This indemnification shall survive the termination of this temporary
construction easement.
The rights granted by Grantor to Grantee under this agreement are for
the limited purpose of allowing Grantee entry on to the Property for
construction of the Project. Nothing herein shall be construed as a
conveyance of a real property interest from Grantor to Grantee.
GRANTOR: La Meridian Estates, LLC
Sign:
By
Its
Page 2 of 2
33
AGKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
a'C-Lan a))
On (-, ê &ot 7 before me,nW T,L früÒ
(insert name and title of officer)
personally appeared
who proved to me on
J, ¡ja9-Å
basis of satisfactory evidence to be the personft{whose name(s} is/e{€
subscribed to the within instrument and acknowledged to me that he/sh€lthey executed the same in
his/herltl+eir authorized capacity(bs), and that by his/h€dthe¡r signatureds) on the instrument the
personf$, or the entity upon behalf of which the persoryQ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal JEAî{
Commlssion # 205026E
Notary Public - Calllornia
Senta Clara County
Comm.Oec 2 2017
Signatu re (Seal)
34
EXHIBffB3
TAX LOT #2722059193
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF GOVERNMENT LOT 2,IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 22 NORTH, RANGÊ 5 EAST, OF THE WILLAMETTE MERIDIAN, IN KING
COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 2O.OO FEET IN WIDTH, 1O.OO
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A POINT OF INTERSECTION OF A LINE 502 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID GOVERNMENT LOT 2 WITH A LINE 530 FEET
SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT, SAID
POINT BEING ON THE WEST MARGIN OF 135TH AVENUE SOUTHEAST, AS SHOWN
UPON THE PLAT OF SHORE LANE, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 59 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON;
THENCE ALONG SAID WEST MARGIN SO1'06'09'W 17.97 FEET TO THE POINT OF
BEclNNlNc OF SAID CENTERLINE DESCRIPTION; THENCE N88'47'04"W 762.43 FEET;
THENCE S0l'05'13'W 131.34 FEET; THENCE S45"30'18'8 45.62 FEET; THENCE
S88'47'04"8 162.06 FEET TO A POINT HEREINAFTER REFERRED TO AS POINÏ "4";
THENCE S19'51'25.8 82.37 FEET; THENCE S44'13'05"E 131 .04 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "8"; THENCE CONTINUING S44"13'05"8 244.64
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE S51'19'22"8
100.45 FEET TO A POINT BEING THE SOUTH TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE;
AND BEGINNING AT AFORESAID POINT "A"; THENCE S88"47'04"E 567.18 FEET TO THE
WEST MARGIN OF 135TH AVENUE SOUTHEAST AND THE EAST TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE;
AND BEGINNING AT AFORESAID POINT "8"; THENCE S88'47'04"E 444.55 FEET TO A
POINT BEING THE EAST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE;
AND BEGINNING AT AFORESAID POINT "C"; THENCE 588'47'04"8 282.98 FEET TO A
POINT BEING THE EAST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS
REQUIRED TO EXTEND AT ANGLE AND END POINTS,
CONTAINING 1.34 ACRES, MORE OR LESS.
L /pot6r/
35
LAKE MERIDIAN ESTATES
TEMPORARY CONSTRUCTION
EASEMENT
DRAWNBY: TLM
SCALE: í"=200'
1I4OF SEç27,TOWNSHIP 22 N,
RANGE 5 E, W.M,
LOCATED IN THE NW 1/4 OF THE
CITY OF KENT
LAND SURVEY SECTION DATE. O4h9nU7
POINT OF
COMMENCEMENT
PARCEL #7941750000
SPRINGWOOD TOWNHOMES CONDO
L1
LINE TABLE
L1 - S01'06',09"W- 17.97',
L2 - N88' 47'04"W - 7 62.43'
L3 - S0l'05',13'W - 131.34',
L4 - 545"30'18"E - 45.02'
L5 - S88"47'04',E - 162.06'
L6 - S19"51'25',E - 82.37',
L7 - 544'13'05',8 - 131.04'
L8 - S44"13'05'E - 2,14.64'
L9 - S51"19'22',8 - 100.45'
110 - S88'47'04'E - 567.18'
111 - S88"47'04'E - 444.55'
L12 - s'88" 47' O4"E - 282.98'
ul
an
t¡l
oz(\
ta
f .34 ACRES
{
ry
@
I
Prcject # 1&3017
IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WITH REFERENCE TO
STREETS ANO OTHER LANÐ. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
20'WDE TEMPORARY
CONSTRUCTION EASEMENT
POINT
OF BEGINNING
PARGEL #2722059193
EXHIBIT
36
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 17, 2017
TO: Public Works Committee Members
FROM: Joseph Araucto, P.E., Pavement Management Engineer
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
SUBJECT: Puget Sound Energy Reimbursement Agreement - Recommend
SUMMARY: Puget Sound Energy (PSE) will reimburse the City of Kent to restore the
pavement surface impacted by PSE’s gas main improvement project in the Star Lake
Highlands neighborhood. The reimbursement will be for actual cost of required
restoration including the pavement overlay, sidewalk curb ramps, and associated
items customarily required to perform the work, including cost for project
administration and material testing.
PSE replaced gas mains within Star Lake Highland and restoration coordinated 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 result for the neighborhood.
EXHIBIT: Puget Sound Energy Reimbursement Agreement
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: Move to recommend Council authorize the Mayor to sign a
Reimbursement Agreement with Puget Sound Energy to reimburse the
City of Kent for right of way restoration in an amount not to exceed
$213,097.50, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
37
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38
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.
39
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.
40
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
41
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.
42
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
43
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 6
136096132.1
EXHIBIT A
PSE PROJECT RESTORATION
44
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 7
136096132.1
EXHIBIT B
ESTIMATED COST OF OVERLAY
45
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46
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 17, 2017
TO: Public Works Committee Members
FROM: Mark Madfai, P.E. Design Engineering Supervisor
THROUGH: Carla Maloney, P.E. Design Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: S 228th Street UPRR Grade Separation
Amendment to Contract with HDR - Recommend
SUMMARY: HDR was selected and retained to provide Structural Engineering Services for this
project. The original scope and budget assumed that the embankment and bridge type would
be similar to the BNSF Grade Separation (completed in 2009). As the design advanced, issues
were identified that required additional analysis and development of alternatives. Some of
these items included:
Additional design of the wall and embankment to include a pedestrian/bike ramp on the
south side to connect with the Interurban Trail.
Preparing contract documents for installation of Center Pier Bridge Shafts as a separate
project (completed in 2016).
Revising the alignment of the bridge shafts to avoid utility conflicts.
Developing alternatives for the use of Geofoam embankment to reduce settlement
impacts to utilities.
Developing alternatives for various wall types to work with soil and or geofoam backfill
and reduce project costs.
HDR has been responsive and flexible during the evolution of the project in helping the City
make decisions necessary to keep the project moving forward. HDR used their existing budget
to complete these tasks and are now requesting this amendment to continue their design to
completion.
EXHIBIT: Contract amendment
BUDGET IMPACT: State “Connecting Washington” Grant Funds are being used for this
contract. Additionally, Verizon/MCI has reimbursed the City $85,098.40 to avoid relocation
of its facilities through redesign of the center pier shafts. The cost for HDR to redesign the
shafts was $44,150.25. This portion of the Verizon/MCI reimbursement will be applied to
the requested change in scope.
Motion: Move to recommend Council authorize the Mayor 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.
47
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48
AMENDMENT - 1 OF 2
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: HDR Engineering , Inc.
CONTRACT NAME & PROJECT NUMBER: 228th Street UPRR Grade Separation
ORIGINAL AGREEMENT DATE: January 11, 2016
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Provide additional design services for the project. For a
description, see the Consultant’s Scope of work which is
attached as Exhibit A and incorporated by this reference.
2. The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$605,264.91
Net Change by Previous Amendments
including applicable WSST
$
Current Contract Amount
including all previous amendments
$605,264.91
Current Amendment Sum $185,369.94
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $790,634.85
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AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
12/31/16
Revised Time for Completion under
prior Amendments
(insert date)
12/31/17
Add’l Days Required (±) for this
Amendment
365 calendar days
Revised Time for Completion
(insert date)
12/31/18
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Timothy J. LaPorte, P.E.
Its Public Works Director
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
50
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 17, 2017
TO: Public Works Committee Members
FROM: Tim LaPorte, P.E. Public Works Director
SUBJECT: Information Only/Residential Traffic Calming Request
SUMMARY: This time of the year with schools out and more people enjoying the
outdoors, staff field a number of inquiries regarding transportation issues. Some of the
issues may be speeding, traffic, parking related or other.
Kelly Peterson and Rob Brown will update the Committee members on transportation
items.
EXHIBIT: None
BUDGET IMPACT: Information Only
INFORMATION ONLY/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 17, 2017
TO: Public Works Committee Members
FROM: Chad Bieren P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
53