HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/21/2020
KENT CITY COUNCIL AGENDA
Tuesday, April 21, 2020
7:00 PM
Chambers
Due to COVID-19 and Health Safety Requirements,
and by Order of the Governor, this is a remote meeting.
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 929 9869 1211
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Councilmember Dunn's State of the County Briefing
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
City Council Meeting City Council Regular Meeting April 21, 2020
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the business of the city of Kent or to agenda items Council will consider at this
meeting. Comments that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public Comment period
to support or oppose a ballot measure or candidate for office.
If you wish to provide comment to the Mayor and Council at this meeting, please contact the
City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov.
When called to speak during the meeting, please state your name and city of residence for the
record. You will have up to three minutes to provide comment. Please address all comments to
the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting. Alternatively, you may email the Mayor and Council at
Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Apr 7, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Apr 7, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Apr 14, 2020 4:00 PM
B. Payment of Bills
C. Targeted Residential Investment Program Resolution of Intent - Adopt
D. Set May 19, 2020 as the Date for the Public Hearing on the Ordinance
Adopting the Targeted Residential Area Investment Program - Authorize
E. Reappointments to the Kent Bicycle Advisory Board – Confirm
F. Mill Creek Reestablishment Mitigation Property Purchase - Authorize
G. Partnering and City Services Agreement and Task Order 1 Between Sound
Transit and the City of Kent for the Operation and Maintenance Facility -
Authorize
H. Set May 5, 2020 as the Date for the Public Hearing on the City of Kent's
Proposed Ordinance Concerning the Hosting of Homeless by Religious
Organizations - Authorize
9. OTHER BUSINESS
10. BIDS
A. Kent Correctional Facility Plumbing Project Bid - Award
B. 2020 Plastic Markings Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
City Council Meeting City Council Regular Meeting April 21, 2020
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
Page 1 of 8
Administration
• The Mayor’s Office continues to spend
nearly all its time on the COVID-19
Coronavirus. We are actively working to
address budget impacts and we face huge
challenges to reduce our expenditures to
align with our rapidly declining
revenues. We also are starting to think
about how to bring employees back into
the office and/or back onto normal
schedules once the Governor’s “stay at
home” order lifts.
Current Planning
• Current planners responded to
approximately 127 customer inquiries in
the last three weeks. The inquiries range
from simple zoning questions to complex
discussions about developing property -
callers include businesses who are
interested in locating in Kent.
• Current planning successfully held its first
virtual subdivision hearing on April 1.
Interested residents, as well as the Hearing
Examiner joined via Zoom, with only the
administrator on site. All pre-application
meetings have been held via conference
call this month, which is also working well.
• Planners continue to review a variety of
land use and development permits utilizing
the new electronic process created by ECD
in response to the COVID-19 crisis.
Projects currently under review include
several large subdivisions, a rezone
request for a potential mixed-use
development near the future Star Lake
light rail station, a new 218-unit urban-
style senior housing facility downtown, and
several new industrial buildings in the
valley.
• Planners helped review several major code
updates including the Construction
Standards, Flood Hazard Regulations and a
Zoning Code amendment related to
emergency shelters for compliance with
House Bill 1754.
Economic Development
• Economic development continues to
monitor changes in relief programs and
message Kent businesses on how best to
access them. Staff are also organizing
future webinars intended to go deeper into
the impacts of COVID-19 on specific
industries.
• Economic Development are fielding
questions from businesses on emergency
funding or rules; and proactively checking
in on businesses and developments to
monitor for impacts and adjustments to
future planning.
• Economic development is planning to
revise its scope for workforce resiliency in
2020 at the training center in Kent,
consulting with important agencies in the
field of manufacturing including AJAC,
CAMPS, Impact WA, and the Port of
Seattle.
Development Engineering
• Working with the developer of the Naden
site to establish infrastructure
improvement requirements and necessary
utility extensions for the development of
the site.
• Reviewing and working with the Kent
School District on multiple projects at
multiple sites including Meridian
ADMINISTRATION
ECONOMIC AND COMMUNITY
DEVELOPMENT
April 21, 2020
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Elementary, Springbrook Elementary, KSD
Academy (208th and 108th) and New Valley
Elementary Sewer Extension.
• Working with multiple divisions in ECD to
review and approve permits for work
deemed essential by the governor including
power and communications projects in the
right-of-way.
• Continuing plan review on multiple larger
development projects slated to begin
construction in 2020. These include the
redevelopment of a portion of the Boeing
Space Center property, Alexan Gateway
multi-family project at Military and 228th,
and several distribution warehouse
projects.
• Key staff is working with Kelly Peterson on
review and approval of multiple aspects of
Sound Transit’s Federal Way Link Extension
project.
• Through the first quarter of 2020,
Development Engineering has approved:
- 77 Water and Sewer Permits
- 230 Franchise Utility Permits
- 9 Civil Construction and Grade & Fill
permits
• Through the first quarter of 2020, permits
approved by Development Engineering
have generated the following impact fees:
- $230,268 Traffic Impact Fees
- $459,769 Water System Development
Charges
- $161,257 Drainage System
Development Charges
Permit Center/Building Services
• Building Services conducted 575
inspections in the last 30 days.
• 124 new plans have been reviewed,
along with 35 reviews completed for
resubmittals.
• COVID-19 is going to have a big impact on
the city’s revenues, especially sales tax and
B&O taxes. Finance provided an update on
the budget on Tuesday, April 14. King
County has provided an additional 30 days
for homeowners to submit property tax.
Taxes collected by lending institutions must
be remitted on time if collected on time.
Upon request, Department of Revenue will
authorize an extension to remit sales taxes
to the state to June 25. For those granted
the extension, the sales taxes collected by
businesses for activity during the months
of March and April will be received by the
city on July 31. The continued delays will
add complexity in determining the true
impacts of COVID-19 on the city’s budget.
• Lavina Brennecke, Accounting and
Reporting Manager, has accepted a position
with the Puget Sound Regional Fire
Authority to serve as their Budget and
Accounting Manager. Her last day with the
city will be Friday, April 24. Please join me
in wishing Lavina great success in her new
role.
LCC & Recruitment are in all day HCMA
meetings Monday – Friday.
• Recruitment – Day 1
• Benefits – Day 2
• HCMA – Day 3
• Compensation – Day 4
• Learning – Day 5
Risk Management
• As of April 13, we have processed a total of
24 COVID-19 related Unemployment
claims.
Drinking Water Hosted Solution (Watertrax)
• Replace existing Microsoft Access based
drinking water quality compliance database
with an updated solution that enables field
workers, managers, and external water
quality labs to collect, analyze, and report
drinking water quality compliance data for
internal and external stakeholders including
the Washington State Department of
Health.
TransformAP
• Deploy a solution, TransformAP, that will
enhance the way the city conducts its
accounts payable process. TransformAP will
provide a single system of record and
improved audit controls. The current
antiquated scanning hardware platform
supporting this process is plagued by
FINANCE
HUMAN RESOURCES
INFORMATION TECHNOLOGY
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systemic issues and poses a significant
security risk.
Information Technology operational support
for March 01, 2020 to March 31, 2020
• Number of tickets opened – 587
• Number of tickets closed – 870
• Drafted a code amendment related to
Latecomer Agreements, establishing a
process by which a property owner can be
partially reimbursed for the construction of
utility or street improvements by property
owners in the vicinity who benefit from
these improvements and later develop their
property.
• Settled the city’s condemnation case
concerning its need to acquire the Skyway
Towing property to support improvements
to the Milwaukee II Levee, a cooperative
project between the city of Kent and the
King County Flood Control District. The
property’s agreed purchase price was
$1,137,500, for which the city will be
reimbursed by the Flood District.
• Assisted city departments with several
contracting issues that have arisen
considering the COVID-19 emergency.
• Established a process for issuing public
notices in light of the Kent Reporter moving
to online distribution only.
• Addressed issues related to COVID-19 and
Easter church services.
• Researched and began drafting an
ordinance for addressing House Bill 1754
regarding the hosting of the homeless by
religious organizations.
• Drafted resolution of intent and ordinance
to begin process toward adopting a
residential targeted investment program
that will reinstitute the multifamily tax
exemption for development in Downtown
Kent and the Midway subarea.
• Filed 149 criminal cases with the court
between April 1 – April 13, 2020, which
include in-custody and daily out-of-custody
filings.
• Reviewed approximately 297 hours of Body
Worn Camera (BWC) footage.
• Attended the in-court jail calendar on
Mondays, Wednesdays and Fridays of each
week.
• Given proclamations from the Governor
and the Kent Municipal Court, worked to
change case approach in response to
COVID-19 including:
o Prepared all cases that were originally
set for the May jury term to ensure they
were immediately ready to proceed to
trial when court resumes.
o Answered emails, texts and phone calls
from police officers, Kent Municipal
Court, defense attorneys, and witnesses
concerning case impacts due to COVID-
19.
o Advised KPD on new case law and
emergent issues regarding COVID-19.
o Reviewed new legislation for KPD and
made changes to applicable office policy
and procedures.
o Three prosecutors attended a DUI
Therapeutic Court webinar on April 6 on
how to handle DUI Court cases remotely
during a shelter in order and reviewed
NADCP COVID-19 operations resources.
o Two prosecutors attended an in-person
court meeting to discuss plans for re-
opening Kent Municipal Court.
• Held two criminal prosecutor team
meetings, and conducted a remote code
enforcement meeting via the Zoom
platform.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with high
priority contracts and development
projects, including property rights and
access issues involving Naden Avenue.
• Assisted the HR Department with several
sensitive employment and labor related
matters.
Recreation
• The 2020 Student Art Exhibit was on
display from March 16-27. The annual
exhibit displays the art of more than 650
students (elementary through high school)
LAW
PARKS, RECREATION, AND
COMMUNITY SERVICES
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from 28 schools in 29 downtown
businesses (both historic downtown and
Kent Station). The Student Art Exhibit was
one of the few spring programs that was
able to proceed as planned despite
Coronavirus cancellations, since it doesn’t
involve bringing groups of people together.
Staff worked to relocate and reassign
schools due to business closures. Teachers
and business owners were genuinely
excited and thankful that the art went up.
• The deadline for applications for the 2020
Summer Art exhibit was March 11. We
received applications from 60 artists, up
from 47 last year. Three professional
artists will review the entries and select
artworks for the show. While typically
conducted in person, this year’s panel
review will take place online to keep in
accordance with the governor’s “stay
home, stay healthy” order. The exhibit is
scheduled to be on display in the
Centennial Center Gallery from June 3
through August 19. Staff is exploring
options for substituting with an online
exhibit in the case of extended closures.
• This theme seeks to inspire artists of all
experience levels to submit creative works
involving changing colors, patterns, scenes,
or fashions. The top five submissions will
receive featured status and a $200
honorarium each. www.kentcreates.com
• As part of the Spotlight Series, Carlene
Carter performed to a crowd of 238 (70%
capacity) at Kent-Meridian PAC on February
28.
• The final two Spotlight Series performances
of the 2019-2020 season were cancelled
due to the governor’s restrictions on
gatherings of people. We Shall Overcome
was scheduled for Friday, March 13 and
Catapult Shadow Dance was scheduled for
Thursday, March 19. Cultural Programs
staff processed a total of 80 refunds for
approximately 250 pre-sold tickets.
• In addition to the public performances,
educational outreach activities with both
artists were cancelled. The Kent-Meridian
combined choirs had worked for months in
advance and were set to rehearse and
perform several pieces with the We Shall
Overcome performers. Catapult dancers
were going to lead a shadow dancing
workshop for approximately 30 students,
including dancers from Allegro Performing
Arts Academy and drama students from
Kentwood High School. Cultural staff
continues to work with grant funders to
determine what will happen with grant
funding that had been designated for these
two performances and outreach activities.
At the time of this report, we have received
notification that we will still receive our
$2,625 We Shall Overcome grant from
ArtsWA and that it can be used as general
operating support. Each performance had
also received a $2,500 TourWest grant
from WESTAF. We will likely reassign one
of these grants to a performance in the fall
of 2020, and are waiting to hear what can
be worked out for the second grant.
• Catapult – The Amazing Magic of Shadow
Dance was slated to be the final
performance of the 2019-2020 Spotlight
Series on March 19. Unfortunately, the
show was canceled. After having their tour
cut short and their first run on Broadway
canceled, Catapult generously made
available a 20 minute live videotaped
performance of the “Four Seasons” section
of their show. We posted the recording,
along with a brief tutorial on how to make
shadow dancing shapes at home, on the
Kent Arts Commission’s Facebook page. We
also sent a link to the video to all patrons
who had purchased a ticket for our
Catapult performance.
• Kent Kids’ Arts Day, the annual day of
hands-on arts projects and performances
for kids and families that was scheduled to
take place at the Kent Commons on
Saturday, March 14 was cancelled. This
year would have marked the 33rd annual
event and it was disappointing for staff,
artists, and the public alike to see this
event that has served Kent for more than
three decades cancelled. Staff is working to
see if some aspects of the event can be
delivered online, such as how-to videos for
arts projects kids and families can do
together at home.
• While the Senior Center has been closed,
the custodial staff has done an amazing job
cleaning the building including cleaning the
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furniture, polishing floors, every hard
surface, etc.) Even the high beams were
cleaned using the power lift!
• With a strong commitment to the Meals on
Wheels Program and ensuring no senior
participant is hungry, the Senior Center
team and volunteers have worked
creatively every other Wednesday, packing
1,100 meals for distribution. A team of
volunteer delivery drivers get the frozen
meals safely to their destinations. The
Meals on Wheels program has been revised
to provide meal delivery every two weeks
rather than the regular one-week process.
Great team effort!! Volunteers call from
home to organize the next round of
deliveries.
• Staff prepared buildings for closure
effective Wednesday, March 25 with
appropriate signage, communication with
participants and rental groups, PD,
Facilities, and IT including transition to
facility voicemail to continue serving public
callers.
• Staff prepared to work from home
including, in most cases, downloading new
software and relocating desk top
computers, files and related equipment.
Familiarized staff with new software for off-
site meetings and continued
communication.
• Staff canceled several hundred sections of
programs, classes, trips, performances and
sports league participation including
Elementary Youth Track which, by itself,
engages approximately 1,000 participants,
employs over 50 sports officials, and
contracts with approximately 27 team
coaches. Also canceled, 100+ room, park,
sports field rentals.
• Staff have been consumed with processing
several thousand refunds for every
participant and renter involved in the
cancellations.
• Canceled the April / May Centennial Art
Gallery that has been rescheduled to next
Spring.
• Senior Center staff have been conducting
wellness outreach to seniors via telephone
and email to stay connected, prevent
isolation and identify needs that aren’t
being met. Staff are prepared to connect
seniors with professional counseling
providers if needed for grief, isolation, or
other emotional support concerns. They
are also creating Zoom meeting for seniors
to call in and chat with each other, share,
stories, jokes, concerns. Senior Center
staff are contacting every senior housing
facility (focusing on SHAG and related
locations) across our region to identify
needs, if any. Beginning work with
Housing and Human Services to ensure
that senior needs are being addressed
through appropriate providers.
• Staff continue to plan, prepare and get
ready for when Kent Parks opens its doors
again. In the meantime, staff have been
creatively preparing online activities for
kids, seniors and families to participate at
home or in their respective neighborhoods
(while following social distancing
guidelines). We are also “repurposing”
ideas and links to great programming and
activities across the country. These
opportunities will be shared through social
media and on the Parks Department web
page.
• Staff have participated in daily ECC
meetings.
• Three professional artist jurors will select
artworks from a pool of 60 applicants to be
part of the 2020 Kent Summer Art Exhibit.
Jurors are Rafael Soldi (photographer),
Tatiana Garmendia (painter), and Will
Schlough (painter, public artist). While
typically conducted in person, this year’s
panel review is taking place online to keep
in accordance with the governor’s social
distancing order. Jurors will complete their
initial review by Monday, April 13, after
which staff will tally scores and schedule an
online meeting with the jurors to finalize
selections. The exhibit is scheduled to be
on display in the Centennial Center Gallery
from June 3 through August 19. Staff is
exploring options for substituting with an
online exhibit in the case of extended
closures.
• The Kent Creates “Kaleidoscope” exhibit is
accepting submissions through June 30.
This theme seeks to inspire artists of all
experience levels to submit creative works
involving changing colors, patterns, scenes,
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or fashions. The top five submissions will
receive featured status and a $200
honorarium each. www.kentcreates.com.
• Staff has submitted three grant
applications for funding for the 2020-2021
Spotlight Series.
• We are moving forward with 4th of July
“Splash” programming as we wait for
additional information on the Coronavirus
emergency and future social distancing
guidelines. Applications are coming in from
food vendors and Community Showcase
performer applications.
• Multimedia is currently working on
promotional materials for the Summer
Concert Series. (We will hold off on printing
anything until early June.) Video staff is
also working on a video or potentially
multiple videos that can be used as
promotional tools and/or online content
during social distancing.
• Cultural Programs staff is keeping a close
watch on COVID-19 impacts and what
other organizations and communities
across the region are doing in terms of
summer events and festivals. Currently, it
is a mixed bag with some events already
making decisions to cancel 2020 events,
and others holding off on making decisions
until more information becomes available.
• All recipients of 2020 Community Arts
Support Program and Give Me Culture
funding have been contacted. Some
organizations have canceled their events,
while others are still waiting to decide
given that they have events taking place
later in the year. Staff is working with each
organization to determine whether their
funding can be applied to a different
program with comparable public benefits,
or if their contract will simply be canceled
for 2020. Unused grant program funds will
be rolled over to 2021 to support projects
next year.
• Staff has been preparing information on
revenues lost due to pandemic-related
cancelations. Revenues lost for the Cultural
Programs division in March are
approximately $20,000, which is comprised
of unsold tickets for Spotlight Series
performances and Kent Kids’ Arts Day, as
well as lost sponsorships, vendor fees,
grants, and merchandise sales.
Human Services
• Staff participated in the Mental Illness &
Drug Dependency (MIDD) Grant Review
Panel orientation. The panel will make
funding recommendations on which
organizations will receive behavioral health
grants funded through a county-wide 0.1%
sales tax generating $60-75,000,000
annually. In addition to other goals, the
review team will focus on increasing
culturally appropriate, trauma informed
behavioral health services. Applications will
be reviewed April 13-26.
• Staff continues to participate in weekly
check-in conversations with King County
and KC Public Health.
Significant crime activities/arrests &
investigations
• On March 17, SOU got into a pursuit of a
stolen vehicle. A successful PIT led to the
arrest of the driver. A consensual search of
the vehicle yielded a modified shotgun in
the trunk. During the investigation several
victims from various crimes committed by
the suspect were identified. The suspect
was charged with multiple felony and
misdemeanor charges following this
investigation.
• On April 5, a convicted felon confessed to
robbing and shooting a victim at Ethos
Community after officers located him
walking westbound at the intersection of
W. Meeker St. and KDM. The officers
provided life saving measures to stop the
victim’s bleeding from a chest wound. He
reported being robbed of $450.
• On April 5, a suspect was taken into
custody with minimal incident and booked
for Assault 2/DV. The female victim
reported she had been stabbed by her
intoxicated husband at the Drexell
Apartments. The victim was transported to
VMC by Tri-Med.
• KPD was notified that a confirmed COVID-
19 patient had been "escaping" from the
Econolodge – KC Public Health Quarantine
site. On three separate occasions the same
POLICE
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subject had been reportedly leaving the
facility over the past few days to buy beer.
A security guard from the facility followed
the subject to the Shell and informed the
clerk to stop selling him beer because he
was "from across the street”.
• On April 6, officers were dispatched to a
homicide in the parking lot of Chase Bank
on SE 240th. The suspect was located,
taken into custody and booked into KC jail.
According to witnesses he was involved in
a fight with a victim who is dating his ex-
girlfriend.
• On April 7, a city of Kent robotic total
system from Public Works ($30K value)
was stolen. It was tracked to Renton where
the suspect was arrested, and the system
recovered.
• On April 12 officers were dispatched to a
shooting at Summerwalk Apartments. The
victim was eventually located; he reported
he was hanging out with friends and four
suspects came over and beat him up. One
of the suspects held a gun in the air and
fired off a few rounds. No cartridge cases
were located. Case referred to detectives.
Major emphasis patrol
• SOU has also adjusted schedules to keep
on top of issues at the Senior Center and
Kent Commons. We received reports that
someone was sleeping on the roof of the
Senior Center and that transients were
likely cooking and/or camping around Kent
Commons. Officers contacted people at
both locations and for now the problem has
been resolved
• A racer emphasis was run on Friday, April
3, using patrol and NRT officers. Officers
issued over 140 verbal warnings and
documented 6 arrests and citations, and 4
infractions. The race organizers’ social
media posts at the end of the night
indicated that they were tired of Kent’s
enforcement and would be going south to
Eatonville and Frederickson in the near
future.
• Distracted Driving Campaign April 1-18.
• Signature Point Levee easement rights and
property ownership map for the west side
of the Green River and fieldwork is being
done.
GIS
• Emergency Management Senior Housing
web map application & 2020 Imagery
contract.
Construction
• 228th St. Union Pacific Railroad Grade
Separation Bridge and Roadway (Ph 5 of 5)
- the Interurban trail is temporarily open
for use. A temporary closure will be
scheduled and implemented when contract
work resumes following the suspension of
work on the site due to COVID-19 safety
concerns. There is no access to either
direction of S 228th St. from the trail
outside of the fenced pathway as this is an
active construction site.
• Fuel Tank Replacement Project - the tank
farm concrete pad was poured last week.
Preparing for asphalt paving on 4/17.
Scheduled crane lift/set fuel tanks 4/21.
• Green River Natural Resource Area
(GRNRA) South Stormwater Pump Station -
garage lower wall curb pour is scheduled
for 4/13. Concrete masonry unit (CMU)
placement for the garage and generator
building is scheduled to begin 4/14.
• Meet Me on Meeker sidewalk / Riverbend
driving range improvements -
tree/vegetation removal, concrete and
asphalt demolition and removal of the
existing crossing signal will be taking place
this week. Relocation of the existing storm
system on Meeker St will begin next week.
Intermittent lane closures on Meeker St
between Russell Rd and Frager Rd should
be anticipated for the next few weeks.
• In response to the Governor’s “stay home,
stay healthy” executive order most of the
private development work in Kent has been
suspended except for a few projects that
have deemed themselves “essential”.
Utility work will slow, but emergency work
and customer service work they deem
essential will continue. Walk-thru’s and the
production of punch lists on all our projects
will continue as normal.
Environmental
• Lower Russell Levee -construction activities
for Phase 1 restarted Mon 4/13 after a
temporary delay related to COVID-19 and
PUBLIC WORKS
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the shortage of available crews for the
construction contractor. Construction
completion is important for the larger
Phase 2 construction work to begin later
this summer.
• Lake Fenwick aerator upgrade - the peer
review of the design work is completed,
and we continue to work on required
permits. Bid and construction schedules
modified (taking into consideration the fish
window and parks events) with work to
begin in late summer and continue through
the winter.
• The first draft of the updated city of Kent
Cross Connection Control Program Manual
will be distributed for internal review by
4/17.
Design
• 4th Ave and Willis Roundabout - WSDOT
approved traffic control plans and
channelization plans. Bids opened on 3/26.
Active Construction Inc. is the apparent low
bidder at $4,759,759. Engineer’s estimate
was $5,143,204. Continuing to coordinate
with utilities to complete this work.
• Meet Me on Meeker Russell to GRE
development -coordinating with survey in
preparation of temporary construction
easements.
• 76th Street Road Raising - project
advertised Apr 14.
• 2020 Overlays - final Complete Streets
memo submitted. Project advertised Apr
14 and bid opening on Apr 28.
• Scoping for stimulus projects - evaluated
city needs and identified up to six projects
that could be viable for possible stimulus.
Coordinating with others to validate and
determine needs for each.
Transportation
• The Public Work signals team converted
northbound and southbound 116th Ave SE
from permissive left turns to flashing
yellow left-turn arrows. They are fully
staffed and took advantage of the reduced
traffic volumes to make the conversion
during normal work hours. Flashing yellow
arrow left turns have been shown to
improve safety because drivers better
understand the signal display meanings.
• Staff finished the crash analysis for the
upcoming Safe Routes to School (SRTS)
grant opportunities. WSDOT expects to
open the grant application period later this
month and the city plans to apply for two
grants this cycle.
Streets
• Street maintenance, sidewalk and concrete
crews will be performing sidewalk
sweeping, bridge repairs, bi-annual bridge
inspection, clean traffic islands, hot patch
repairs and bridge cleanings at various
locations throughout the city.
• Signs and markings crew and solid
waste/litter crew are responding to service
requests only and spot checking trouble
spots throughout the city.
• Vegetation, sidearm, mitigation and
maintenance crews will be mowing, line
trimming, installing split rail fences and
picking up debris multiple locations
throughout the city.
Water
• Staff continue to focus on maintenance
activities as we work through reduced
staffing levels. Annual diesel-powered
back-up generator load testing followed by
oil and filter changes are underway at
water facilities. Annual chlorination system
maintenance is also being carried out at
water treatment sites. Work continues to
progress at our pump station #3 on an
electrical upgrade project.
Storm
• Storm crews will perform storm line
cleaning, sewer line cleaning, manhole
change out and installing an overflow pipe
at designated locations throughout the city.
Sewer
• Sewer crews will perform manhole change
outs, reblots, inspections and easement
maintenance on the east hill and storm and
sewer stations wash and degrease.
Fleet/Warehouse
• Fleet crews will be receiving two new 7-
yard trucks from Kenworth, they have put
eight new vehicles into service for various
departments, two vehicles are at body
shops and one vehicle will be sent to
auction after an accident.
# # #
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Approved
City Council Workshop
Workshop Regular Meeting
Minutes
April 7, 2020
Date: April 7, 2020
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Sound Transit Kelly Peterson 45 MIN.
Kelly Peterson, Link Light Rail Liaison provided the committee with an update
on the Federal Way Link Extension project.
Peterson advised the Federal Way Link Extension timeline includes planning
2012-2018, design/build from 2019-2024, start of service in 2024.
Kiewit is the contractor that has extensive experience with Sound Transit.
The permit process includes the submitting and review of packages, what the
packages include and tracking the permitting process.
Current and proposed demolition was detailed.
Kent Des Moines station and garage concepts were reviewed:
o Midway design review needs to be used
o High Capacity Transit Code applies
o Midway Subarea Plan
o Development Agreement
South 272nd Street Station concept and details on the Star Lake Park and
Ride changes were reviewed as well as the Midway Landfill waste removal
and backfill.
The timeline moving forward is as follows:
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City Council Workshop Workshop Regular
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Minutes
April 7, 2020
Kent, Washington
Page 2 of 3
o Permitting through February 2021
o Demolition underway
o Soil remediation
o Utility Work - May 2020
o Midway landfill waste removal - May 2020
o Heavy construction 2020-2023
o Testing 2023-2024
o Revenue Service begins 2024
Typical construction work hours were reviewed and the construction hotline
1-888-298-2395 was provided.
During the spring/summer 2020:
o Utility relocations
o Structure demolition
o Clearing and grading
o Tree removal
o Light rail construction begins
FWLE and Covid-19
o Remove working
o Takes more time to complete reviews
o Sound Transit Work stoppage until May 4th (some exceptions (demolition,
stormwater, treatment system, survey).
Operations and Maintenance Facility South
o DEIS process still underway
o Sound Transit staff working remotely
o Draft EIS - Public Comment later in 2020
o Staffing agreement - Committee of the Whole
o Staff time through the EIS process
2 Sewer Relining and Replacement
Program
Jens Vincent 15 MIN.
Jens Vincent, Sewer/Storm Drainage Manager provided the Sewer Re-lining
Benefits presentation that included details on the traditional line replacement
done at Tudor Square.
Cured-in-place-pipe is a trenchless rehabilitation and restoration for existing
pipes, and extends the life of the host pipe.
Vincent indicated fats, oils and grease and root intrusion impacts in addition
to the traffic disruption and financial aspects.
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City Council Workshop Workshop Regular
Meeting
Minutes
April 7, 2020
Kent, Washington
Page 3 of 3
Reviewed equipment used, liner installation process and provided before and
after examples.
Meeting ended at 5:55 p.m.
Kimberley A. Komoto
City Clerk
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Approved
Kent City Council
City Council Regular Meeting
Minutes
April 7, 2020
Date: April 7, 2020
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. Approve the agenda as presented
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Mayor presented the King County Sexual Assault Awareness Month
proclamation.
i. Employee of the Month
Mayor Ralph recognized Shawn Gilberson, Environmental Supervisor, as the
City's April employee of the month.
B. Community Events
C. Economic and Community Development Report
Chief Economic Development Officer, Bill Ellis presented a comprehensive
Economic and Community Development report as follows:
•Phase II - Ethos Project real estate project transaction has closed
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Kent City Council City Council Regular Meeting
Minutes
April 7, 2020
Kent, Washington
Page 2 of 7
•Naden Avenue Hospitality Project: Downtown Design review, due
diligence period, purchase and sale agreement is not closed.
•Kent permitting now has electronic intake - reviewed permit activity over
the past few weeks.
•Land Use Recommendations are now in effect: Early indications of success
to objectives. The zoning code is not impeding real estate development;
opens Kent for new investments that could not be realized except for
zone.
•Reviewed trend of B&O tax collections from the industrial area by
industry, 2018.
Covid-19 and shock and crisis
•Reviewed weekly unemployment insurance claims trends over past 50
years.
•Unprecedented national job loss
•Kent Jobs: Greater exposure to layoff than nation
Cash flow and small business reserves - real estate or high-tech
manufacturing or services of professional serves do better than
restaurants, repair and maintenance or retail.
Ellis reviewed survey sent to 4,000 City businesses.
Two of the most worrisome things: amount unable to pay rent
already and those already laying off.
Ellis provided multiple resources for businesses to apply for SBA disaster
loans and indicated it is important for businesses to apply for Economic
Injury Disaster Loans.
•CARES Act highlights
•Small Business Debt Relief
•Paycheck Protection Program
Provided community development financial institutions - team of people
working round the clock to help businesses.
•Philanthropic help for small businesses
•Facebook Grant
•State of Washington's Assistance
Ellis contemplated the form of economic recovery and indicated the focus
is the immediate need to save as many businesses as we can to help
recovery.
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Kent City Council City Council Regular Meeting
Minutes
April 7, 2020
Kent, Washington
Page 3 of 7
Reviewed Kent tourism/retail short and long-term strategies and
innovative ways to help businesses find revenue.
Business organizations are among the best resources, anticipating
questions and being in direct communication with their membership. Ellis
provided links to the local trade associations including work with the Kent
Downtown Partnership and Kent Chamber of Commerce.
The Seattle Southside Chamber of Commerce has web tutorials on how to
apply for assistance. The links is on the City's website.
Ellis detailed the potential impacts of this crisis and possible responses in
the next 30 - 120 days. Potential changes to the Economic Development
work program were reviewed and the tentative plan for economic
recovery.
Ellis anticipates changing trends to supply chains and logistics,
manufacturing, retail, entertainment and tourism and business
conferences.
Ellis updated the following City projects:
•Naden Avenue and Sound Transit surplus properties
•Sound Transit process continues
•Recommended pause on North Naden parcel
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor's Report
Mayor Ralph provided information on why the National Guard is in Kent and
their work with Northwest Harvest.
Mayor Ralph indicated she is working everyday on Covid-19 issues and
indicated the public should monitor the City's social media accounts for
updates.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised his report is in today's
agenda packet and there is no executive session tonight.
C. Councilmember's Reports
Council President Troutner provided a brief overview of today's two workshop
topics related to the Sound Transit Link Extension project and the Sewer
Relining and Replacement Program.
Councilmember Michaud advised the council that she is seeking the council's
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Kent City Council City Council Regular Meeting
Minutes
April 7, 2020
Kent, Washington
Page 4 of 7
approval to sign a letter regarding a proposed increase to wastewater
treatment fees. She will email the letter to all councilmembers.
Councilmember Boyce requested an update from the Mayor on King County's
quarantine facility in Kent. Mayor Ralph indicated all updates will be pushed
out through social media and the City is trying to keep the communication
lines open with King County.
Councilmember Larimer serves on the King County Ageing and Disability
Advisory Council that will meet on April 10th and will receive a report from
King County Public Health.
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
None
8. CONSENT CALENDAR
Approve Consent items A-L.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Mar 17, 2020 7:00
PM
2. Committee of the Whole - Committee of the Whole - Regular Meeting -
Mar 24, 2020 4:00 PM
B. Payment of Bills - Approve
MOTION: Approve the payment of bills received through
3/15/20 and paid on 3/15/20 and approve checks issued for
payroll for 3/1/20-3/15/20 and paid on 3/20/20, as audited
by the City Council during the March 24, 2020, Committee of
the Whole.
C. Software Licensing and Consultant Services with Bottomline
Technologies, Inc. – Authorize
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Kent City Council City Council Regular Meeting
Minutes
April 7, 2020
Kent, Washington
Page 5 of 7
MOTION: Authorize the Mayor to sign a Software Licensing
Agreement with Bottomline Technologies, Inc., in an amount
that will not exceed $160,000, subject to final terms and
conditions acceptable to the Information Technology Director
and City Attorney.
D. Ordinance Repealing and Readopting Chapter 6.05 KCC –
Latecomer Agreements – Street and Utility - Adopt
MOTION: Adopt Ordinance No. 4356, repealing and readopting
Chapter 6.05 of the Kent City Code, establishing the
requirements and procedure for the application and
administration of street and utility latecomer agreements.
E. Updated Lodging Tax Advisory Committee Grant Award for the
VisitKent.com Campaign Managed by JayRay - Authorize
MOTION: Authorize the Mayor to increase the grant awarded to
Economic and Community Development in the amount of
$15,000, for the VisitKent.com website and tourism promotion
campaign designed and managed by JayRay, subject to terms
and conditions acceptable to the Economic and Community
Development Director and City Attorney.
F. Resolution Amending Kent City Code Fees - Adopt
MOTION: Adopt Resolution No. 2009, repealing Resolution No.
2000 and adopting a new fee schedule that adds fees related to
latecomer agreements.
G. Fourth and Willis Roundabout - Sight Distance Easement -
Authorize
MOTION: Recommend Council authorize the Mayor to sign all
documents necessary for the acquisition of a Sight Distance
Easement on a portion of property owned by the Kent School
District, located at 317 4th Avenue S. (APN 768280-0220), for
an amount not to exceed $6,700.00, subject to final terms and
conditions acceptable to the City Attorney and Public Works
Director.
H. Fourth and Willis Roundabout - Right-of-Way Dedication -
Ordinance - Adopt
MOTION: Adopt Ordinance No. 4357, authorizing the dedication
of a portion of City-owned property located along Willis Street
(SR 516) between the Union Pacific Railroad tracks and 4th
Avenue South as right-of-way.
I. Mill Creek at 76th Avenue Flood Protection Improvements –
Drainage Easement and Temporary Construction Easement -
Authorize
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Kent City Council City Council Regular Meeting
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April 7, 2020
Kent, Washington
Page 6 of 7
MOTION: Authorize the Mayor to sign all documents necessary
for the acquisition of a drainage easement and a temporary
construction easement on a portion of property owned by HRP
Properties 4, located at 22203 76th Avenue South (APN
122204-9024), for an amount not to exceed $415,090, subject
to final terms and conditions acceptable to the City Attorney
and Public Works Director.
J. Accept the 2019 Sanitary Sewer CIPP Lining Project as
Complete - Authorize
MOTION: Authorize the Mayor to accept the 2019 Sanitary
Sewer Cast in Place Pipe Lining Project as complete and release
retainage to Insituform Technologies, LLC upon receipt of
standard releases from the state and the release of any liens.
K. Accept the South 228th Street Union Pacific Railroad
Underground Utilities Project as Complete - Authorize
MOTION: Authorize the Mayor to accept the South 228th Street
Union Pacific Railroad Underground Utilities Project as
complete and release retainage to Road Construction
Northwest, Inc. upon receipt of standard releases from the
state and the release of any liens.
L. Accept the Green River Natural Resources Area Storm Water
Force Main Project as Complete - Authorize
MOTION: Authorize the Mayor to accept the Green River
Natural Resource Area Storm Water Force Main Project as
complete and release retainage to Scarsella Brothers., Inc.
upon receipt of standard releases from the state and the
release of any liens.
9. OTHER BUSINESS
None
10. BIDS
None
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
12. ADJOURNMENT
Mayor Ralph expressed her appreciation of all City staff and first
responders. Mayor closed the meeting by reading a quote that she keeps
on her desk that was written by John Lennon "Everything will be okay in
the end. If it's not okay, its not the end."
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Kent City Council City Council Regular Meeting
Minutes
April 7, 2020
Kent, Washington
Page 7 of 7
Mayor Ralph adjourned the meeting.
Meeting ended at 8:21 p.m.
Kimberley A. Komoto
City Clerk
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Approved
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
April 14, 2020
Date: April 14, 2020
Time: 4:05 p.m.
Place: Chambers
1. CALL TO ORDER
Council President Troutner called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present 4:07 PM
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
3. AGENDA APPROVAL
No changes.
4. DEPARTMENT PRESENTATIONS
A. Targeted Residential Investment Program Resolution of Intent
- Adopt
Long Range Planning Manager, Hayley Bonsteel spoke about the Targeted
Residential Investment Program Resolution of Intent. This resolution would
determine the greater Downtown Kent and Midway to be urban centers and
declare the City's intent to designate these areas as Residential Targeted
Areas for purposes of ad valoreum property tax exemptions pursuant to RCW
84.14. This is a two-step process regarding the mapping aspect, first of
which is the urban center identification which is what is currently being
discussed. The second step would be to adopt and designate the areas as
residential targeted areas following a public hearing scheduled for May 19,
2020.
Bonsteel went into greater detail in regards to the proposal. She indicated
that the major change that was being made from previous discussions
and workshops was to remove the concept of a waiver for transportation
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
April 14, 2020
Kent, Washington
Page 2 of 6
impact fees. She also noted that not having this program in the City will
greatly reduce the City's ability to move forward in its economic
development strategy.
Bonsteel noted the action moving forward for next week would be to set
the public hearing on the program for May 19, 2020 and to lay out the
urban centers so that the Residential Targeted Areas can be designated at
he same time.
Councilmember Boyce stated that he is a huge advocate for this program.
He also requested a pros/cons work up in comparison to how other cities
have implemented this program.
Council President Troutner indicated that the program being presented
was something the City had utilized until the end of June 2019 and noted
how important having these tools in our back pocket is.
Councilmembers Fincher and Kaur requested to see some percentage of
affordability included in the 8 year plan.
Councilmember Larimer requested a component of local labor be included
in these programs as well.
MOTION: Adopt Resolution No. 2010, determining greater
Downtown Kent and Midway to be urban centers and declaring
the City’s intent to designate these areas as Residential
Targeted Areas for purposes of ad valorem property tax
exemptions pursuant to RCW 84.14.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/21/2020
7:00 PM
B. INFO ONLY: HB1754 Concerning the Hosting of the Homeless
by Religious Organizations
Long Range Planning Manager, Hayley Bonsteel discussed House Bill 1754
concerning the hosting of homeless by religious organizations. Essentially,
this bill prohibits the city from regulating indoor or outdoor homeless
encampments that are hosted by church organizations except for a certain
list of organizations. Bonsteel noted that if we do not have an ordinance on
the books that meets the broad level of the requirements of this house bill
we will be subject to many more detail leveled requirements for what we can
and cannot regulate.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
April 14, 2020
Kent, Washington
Page 3 of 6
Bonsteel reviewed what the City currently does allow in regards to
homeless encampments and where we would need to make adjustments
in order to be in compliance with the house bill that was passed by
legislature. Moving forward, May 5, 2020 would be a public hearing with
the option of passing an ordinance to meet the broader requirements of
the law to hopefully keep the City immune from the more detailed
requirements of House Bill 1754. She also noted that the ordinance can
be amended in the future.
C. Payment of Bills
Finance Director, Paula Painter provided Council with the payment of bills.
MOTION: Approve the payment of bills received through March
31, 2020 and paid on March 31, 2020 and the checks issued for
payroll for March 16, 2020 - March 31, 2020 and paid on April
3, 2020, audited by the Committee of the Whole on April 14,
2020.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/21/2020
7:00 PM
D. INFO ONLY: Budget Update
Finance Director, Paula Painter presented details on the status of the 2020
budget and the potential impacts of COVID-19.
Painter discussed how revenue in the general fund is driven by taxes and
there is a lag between when businesses collect taxes and when cities
receive revenue. The City began seeing a dip in tax revenue during
March. The State Department of Revenue provided an extension to make
payments until June and cities will not receive their tax revenue until July
31.
Painter reviewed General Fund historical information from 1999-2019.
Painter explained the impacts of the 2008-2009 recession, sales tax
reductions, reductions in utility tax, license and permits and charges for
services. The current impacts are more significant that during the
recession.
Painter walked the Council through various revenue assumptions ranging
from 25-50%. The B&O Tax General Fund revenue losses are anticipated
to be between 15-45% from April through December.
These assumptions are in-line with what other cities are anticipating.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
April 14, 2020
Kent, Washington
Page 4 of 6
The substantial fund balance is allowing the City to make prudent
decisions for the City's long-term sustainability.
Department directors have been asked to reduce budgets:
•Look at things that can be stopped today and implement
•Look at budget for cost savings from 5-20% of budget
•Prioritize reductions
•Consider if there is an associated revenue source
The Executive Leadership Team will convene to discuss proposed
reductions in addition to discussion capital projects.
Painter advised the City will receive Streamline Sales Tax Mitigation
dollars in June, and then nothing further.
We are uncertain as to how long or how deep this recession will be. There
is not historical data to determining the impacts on taxes.
E. INFO ONLY: Parking Code Update
Public Works Transportation Engineering Manager, Rob Brown provided a
parking code update. Brown indicated that staff is seeking Council feedback
on potential additional parking restrictions.
The first item Brown discussed was a parking code update on narrow streets
in various existing neighborhoods. Brown indicated that the neighborhoods
are Ridge at Panther Lake, Plateau at Panther Lake, Villa Real and Midori
Meadows.
The second item Brown is seeking Council feedback on comes from both the
Kent Police Department and the Puget Sound Regional Fire Authority for a
few additional no parking areas located throughout the City. The areas
identified have been noted as either nuisance parking which results in an
increase in crime, or parking along the streets makes it difficult for
emergency services to pass through.
F. INFO ONLY: 2020 Construction Update
Public Works Construction Engineering Manager, Erik Conner provided an
update on the progress of the 228th Grade Separation Project and potential
traffic impacts due to the anticipates 76th Avenue Road Raising Project and
4th & Willis Roundabout Project.
G. Mill Creek Reestablishment Mitigation Property Purchase -
Authorize
Property and Acquisition Analyst, Cheryl Rolcik-Wilcox presented to Council
three parcels with a combined total of 488,760 square feet located on Frager
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
April 14, 2020
Kent, Washington
Page 5 of 6
Road South to be purchased in the amount of $280,000 to be used as
mitigation property for the Mill Creek Reestablishment Project. This purchase
will be funded through the Stormwater Utility Fund.
MOTION: Authorize the Mayor to sign all documents necessary
for the purchase of three parcels of land (APNs 152204-9134,
152204-9137 and 222204-9029), located on Frager Road South
from Andrew J., Ruth M., and Timothy I. Matelich in an amount
not to exceed $280,000., subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/21/2020
7:00 PM
H. Partnering and City Services Agreement and Task Order 1
Between Sound Transit and the City of Kent for the Operation
and Maintenance Facility - Authorize
Public Works Engineer, Mark Howlett presented two agreements to Council,
the Partnering and City Services Agreement and Task Order 1 between
Sound Transit and the City of Kent for the Operation and Maintenance
Facility.
Howlett highlighted the features of the Operation and Maintenance
Facility, the three sites currently being studied by Sound Transit and
specifically the Midway Landfill Site. He briefly discussed the history of the
landfill site and what the future of the site could look like.
MOTION: Authorize the Mayor to sign the Partnering and City
Services Agreement and Task Order 1 between the City of Kent
and Sound Transit for the Federal Way Link Extension -
Operations and Maintenance Facility South, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/21/2020
7:00 PM
I. INFO ONLY: Procurement Report
Chief Administrative Officer, Derek Matheson presented the quarterly
procurement report to Council. This report included one line item that would
have previously required council approval, but due to the increase in the
Mayor's signatory authority, council approval was no longer required.
5. ADJOURNMENT
Council President Troutner adjourned the meeting.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
April 14, 2020
Kent, Washington
Page 6 of 6
Meeting ended at 6:30 p.m.
Kimberley A. Komoto
City Clerk
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DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills received through March 31, 2020
and paid on March 31, 2020 and the checks issued for payroll for March 16,
2020 - March 31, 2020 and paid on April 3, 2020, audited by the Committee
of the Whole on April 14, 2020.
SUMMARY:
Approval of payment of the bills received through-----03/31/30
and paid 03/31/30
Approval of checks issued for Vouchers:
Date Amount
03/31/30 Wire Transfers 8244 82626 $2,029,931.45
03/31/30 Regular Checks 743601 744189 $8,904,465.47
03/31/30 Payment Plus 102135 102176 $185,551.82
Void Checks $0.00
03/31/30 Use Tax Payable $1,979.46
$11,121,928.20
Approval of checks issued for Payroll:3/16/20-3/31/20
and paid 4/3/2020
Date Amount
4/3/2020 Checks 0
Voids and Reissues
4/3/2020 Advices 449539 450359 $1,856,997.22
$1,856,997.22
Document Numbers
Document Numbers
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
8.B
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04/14/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/21/2020 7:00 PM
8.B
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DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Targeted Residential Investment Program Resolution of
Intent - Adopt
MOTION: Adopt Resolution No. 2010, determining greater Downtown Kent
and Midway to be urban centers and declaring the City’s intent to
designate these areas as Residential Targeted Areas for purposes of ad
valorem property tax exemptions pursuant to RCW 84.14.
SUMMARY: The Washington State Legislature passed Second Substitute Senate Bill
5387 in 1995, “Taxation of New and Rehabilitated Multi-Unit Dwellings in Urban
Centers.” The legislature found that attracting and maintaining permanent residents
to urban centers, a key planning concept related to growth management, would
help alleviate the detrimental conditions and social liability that can exist in the
absence of a viable residential population.
To stimulate new residential opportunities within urban centers, a tax incentive was
implemented that exempted the value of new housing construction or rehabilitation
from ad valorem property taxation for ten years. This chapter, 84.14 RCW, was
subsequently amended to include two levels of tax exemption-an eight-year
exemption and a twelve-year exemption, with the latter stipulating affordability
requirements. The exemption only applies to the value of the improvements or
buildings; property tax based on the value of the land is still collected under the
program.
Attracting residential growth to downtown and activity centers is a core tenet of the
City of Kent’s Comprehensive Plan and Economic Development Plan. The City’s
adopted Midway Subarea Plan (2011), and updated Downtown Subarea Action Plan
(2013) both call for residential growth to capitalize on high-capacity transit and
other infrastructure.
Use of the exemption laid out in Chapter 84.14 RCW has become common practice
for development in the Puget Sound region; the vast majority of neighboring cities
have adopted such programs. The City of Kent has previously utilized the program
as well, until it expired on June 30, 2019. This proposed version of the program
designates greater Downtown Kent and most of the Midway subarea as Residential
Targeted Areas (RTAs) for the purposes of the program, in keeping with adopted
land use policy regarding density and growth near transit. The proposal also
8.C
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includes requirements for affordability levels that align with this adopted land use
policy, as well as a requirement for structured or underground parking to ensure
development utilizes urban land efficiently.
With development costs high, subsidies and incentives are seen as standards in the
region. As the Puget Sound population continues to grow, Kent is competing with
other jurisdictions where rents are higher, but construction costs the same. The
proposal builds off the state program with a city-led vision for dense urban growth
near high-capacity transit, and is key to the City’s economic future.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Targeted Residential Investment Program MFTE Resolution of Intent RTAs
(PDF)
2. Targeted Residential Investment Program MFTE KCC 3.25 Repeal Replace
(PDF)
04/14/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/21/2020 7:00 PM
8.C
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1 Targeted Residential Investment Program
– Greater Downtown and Midway
RESOLUTION NO. 2010
A RESOLUTION of the City Council of the
City of Kent, Washington, establishing urban
centers as defined for multi-family residential tax
exemption purposes, declaring the City Council’s
intent to designate greater Downtown Kent and the
Midway subarea as Residential Targeted Areas, and
setting a public hearing for May 19, 2020, to
consider such designations pursuant to Chapter
84.14, Revised Code of Washington.
RECITALS
A. Chapter 84.14 RCW provides an exemption from ad valorem
property taxation for qualifying multifamily housing projects located in
Residential Targeted Areas within urban centers, as defined in that chapter,
and authorizes cities to adopt necessary procedures to implement the state
legislation.
B. Chapter 84.14 RCW requires that Residential Targeted Areas
be located within urban centers as established by the City Council. The
urban center designation required under this statute is separate and
distinct from the urban center designation associated with the City’s
Comprehensive Plan.
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2 Targeted Residential Investment Program
– Greater Downtown and Midway
C. The City has identified two areas suitable for designation as
urban centers that would also be appropriate for selection as “Residential
Targeted Areas” under Chapter 84.14 RCW. These areas, greater
Downtown Kent and the Midway subarea, appear to lack sufficient
available, desirable, and convenient residential housing to meet the needs
of the public who would likely live in these urban centers, if affordable,
desirable, attractive, and livable places were available.
D. The City declares its intent, for public consideration, to
designate greater Downtown Kent and the Midway subarea as a Residential
Targeted Areas within urban centers to include (1) the geographic area of
greater Downtown Kent bordered generally by Titus Street, the Green
River, Willis Street, South 240th/James Street, and Cloudy Street, and (2)
the Midway subarea as laid out in the Midway Subarea Plan, which
geographic area is bordered generally by Interstate 5 on the east, and the
city limits on the west and south. See Exhibits C and D for proposed maps
of the greater Downtown Kent and Midway areas, respectively.
E. Chapter 84.14 RCW requires the City Council hold a public
hearing to consider the designation of the Residential Targeted Areas
within urban centers.
F. Due to the current limitations and obstacles presented by the
current public health crisis, the City Council elects under Kent City Code
2.57.040(B) to consider this matter directly, rather than have efforts
duplicated by the Land Use and Planning Board.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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3 Targeted Residential Investment Program
– Greater Downtown and Midway
RESOLUTION
SECTION 1. – Finding; Urban Center Designations. For the
purposes of Chapter 84.14 RCW, the greater Downtown Kent and Midway
areas shown on Exhibit A and Exhibit B, respectively, are appropriate for
determination as urban centers. These areas provide a variety of products
and services including shops, offices, hotels, restaurants, and banks. Each
area is served by adequate public streets, has sufficient sidewalks, is
generally well served by public street and sidewalk lighting, and provides
access to transit by bus, the Sounder train station, or the future Kent light
rail station. The areas are also well served with sufficient public water,
sewer and storm systems. Finally, the areas connect to a network of urban
recreational facilities, including trails along the Green River, the Interurban
Trail, and the City’s Riverbend Golf Complex.
SECTION 2. - Residential Targeted Areas Identified. The City
Council will, after holding a public hearing, determine whether the greater
Downtown Kent area, identified on Exhibit C, and the Midway subarea,
identified on Exhibit D, should be designated “Residential Targeted Areas”
pursuant to the process and rules established by Chapter 84.14 RCW. The
greater Downtown Kent area is bordered generally by Titus Street, the
Green River, Willis Street, South 240th/James Street, and Cloudy Street.
The Midway subarea is as laid out in the Midway Subarea Plan, and
includes the geographic area bordered generally by Interstate 5 on the
east, and the city limits on the west and south. In determining whether
these areas should be designated as Residential Targeted Areas, the City
Council will consider these and other factors:
A. That the areas have no available, desirable, affordable, and
convenient residential housing, and if housing were available, the public
would be likely to live in these areas.
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4 Targeted Residential Investment Program
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B. That the designation of these Residential Targeted Areas
would encourage increased residential opportunities and stimulate
construction of new multifamily housing that will increase and improve
residential housing opportunities in each urban center.
SECTION 3. - Statement of Intent. At the conclusion of the public
hearing and after publishing statutory notice, the City Council intends to
designate the greater Downtown Kent and Midway subarea as Residential
Targeted Areas for purposes of Chapter 84.14 RCW.
SECTION 4. - Public Hearing Date Set. A public hearing to consider
designations of Residential Targeted Areas for exemption from ad valorem
property taxation for qualifying multifamily housing shall be held at a
regular meeting of the Kent City Council at 7:00 p.m., Tuesday, May 19,
2020, in the Council Chambers of City Hall located at 220 4th Avenue
South, Kent, Washington, 98032. If required for Council convenience or
necessity, the date, time, and location are subject to change, and the
public hearing may need to be conducted electronically or telephonically.
SECTION 5. - Notice. The City Clerk will give proper notice of the
hearing and cause the notice to be posted as provided by state law,
Chapter 84.14 RCW.
SECTION 6. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 7. – Corrections by City Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
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5 Targeted Residential Investment Program
– Greater Downtown and Midway
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 8. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
April 21, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
April 21, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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EXHIBIT A8.C.a
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EXHIBIT C 8.C.a
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DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Set May 19, 2020 as the Date for the Public Hearing on the
Ordinance Adopting the Targeted Residential Area
Investment Program - Authorize
MOTION: Authorize the Mayor to set May 19, 2020 as the date for the
public hearing on the Ordinance Adopting the Targeted Residential Area
Investment Program.
8.D
Packet Pg. 41
DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Reappointments to the Kent Bicycle Advisory Board –
Confirm
MOTION: Confirm the reappointment of Aaron Dent, Andrew Sobczyk, Wendy
Graves and Connie Stolpp to the Kent Bicycle Advisory Board for additional
two-year terms that will expire March 31, 2022.
SUMMARY:
Aaron Dent has commuted to work on his bicycle every day for the past 12+ years.
As a cyclist and driver for FedEx freight, Dent does not want Kent to become like
Seattle where their attempt to make roads safer has worked the opposite for both
drivers and cyclists. Dent wishes to continue his work with board and is seeking
reappointment for an additional two-year term.
Andrew (Andy) Sobczyk is a software engineer for Nvidia, Inc. Sobczyk first applied
to the board as he felt that the bike paths need improvement and stated he can
either complain about the situation or help to make it better. Sobczyk wishes to
continue his work with KBAB and is seeking reappointment to the board for an
additional two-year term.
Wendy Graves resides on the east hill and commutes on her bicycle to work in the
Renton and Kent area. She is an avid recreational cyclist. Getting from her home on
the east hill to downtown Kent can be treacherous and she feels Kent is not very
bike friendly. Graves wishes to continue her work with KBAB and is seeking
reappointment to the board for an additional two-year term.
Connie Stolpp resides in North Park and rides her bicycle recreationally in the
summer months. Her cycling is limited to the valley area - mostly the Green River
Trail. While Stolpp understands budget issues, she would like to see more bicycle
facilities in Kent. Stolpp filled a vacancy that expired March 31, 2020 and seeking
reappointment to the board for an additional two-year term.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
8.E
Packet Pg. 42
DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Mill Creek Reestablishment Mitigation Property Purchase -
Authorize
MOTION: Authorize the Mayor to sign all documents necessary for the
purchase of three parcels of land (APNs 152204-9134, 152204-9137 and
222204-9029), located on Frager Road South from Andrew J., Ruth M., and
Timothy I. Matelich in an amount not to exceed $280,000., subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The City of Kent has been working with the property owners to
purchase three parcels with a combined total of 488,760 square feet, located on
Frager Road South. The property owners approached the City to sell these parcels,
which are vacant and zoned for single-family residential development. The City will
be purchasing these parcels at fair market value as determined by the City’s
appraiser and confirmed by a review appraiser. This purchase will be used as
mitigation property for the Mill Creek Reestablishment Project.
The goals of the Mill Creek Reestablishment Project are to reduce flood risks,
improve water quality and enhance fish passage and in-stream/riparian habitats.
The purchase of these parcels will be used to provide mitigation for wetlands that
are proposed to be impacted in the Mill Creek Reestablishment project.
BUDGET IMPACT: $280,000 from the project budget, which is funded through the
Stormwater Utility Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Purchase Sale Agreement-Matelich Property (PDF)
04/14/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
8.F
Packet Pg. 43
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/21/2020 7:00 PM
8.F
Packet Pg. 44
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 9
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation (“Buyer”) or (“City”), whose mailing address is 220 4th Avenue
South, Kent, Washington 98032-5895, and ANDREW J. MATELICH, RUTH M.
MATELICH, AND TIMOTHY I. MATELICH, each as a separate estate (“Seller”),
whose mailing address is 24200 Buena Vista Dr., Black Diamond, WA 98010, for the
sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Number 222204-9029, approximately
446,054 square feet in size, King County Tax Parcel Number 152204-9134,
approximately 14,590 square feet in size, and King County Tax Parcel Number
152204-9137, approximately 28,116 square feet in size, and located at XXX Frager
Road S., Kent, WA (collectively the “Property”). The Property is legally described in
Exhibits “A-1” and “A-2.
2. EARNEST MONEY. Within 10 business days after the Date of Mutual
Acceptance, as defined in Section 21, Buyer shall deposit with Rainier Title Insurance
Company (the “Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths
($5,000.00) in the form of a check, as refundable earnest money to be applied toward
the purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is Two
Hundred, Eighty Thousand Dollars and NO/100ths ($280,000.00), which amount
includes the Earnest Money, payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon:
a. The Buyer authorization set forth in Section 18 of this Agreement and
the other contingencies provided for throughout this Agreement.
8.F.a
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Real Estate Purchase and Sale Agreement Page 2 of 9
b. No later than 10 business days after the Date of Mutual Acceptance,
Seller shall deliver to Buyer, in a manner consistent with Section 17, a completed
Real Property Transfer Disclosure Statement (“Disclosure Statement”) in the form
attached as Exhibit “B”. If Seller fails to deliver the Disclosure Statement by the
required deadline, then unless Buyer waives this contingency in writing, the
Agreement shall terminate and neither Buyer nor Seller shall have any further rights,
duties or obligations hereunder, except that the earnest money in escrow shall be
immediately returned to Buyer.
c. Within 5 business days of Buyer’s receipt of the Disclosure Statement,
Buyer shall, in its sole and absolute discretion, either approve and accept the
Disclosure Statement or rescind this Agreement by delivering to Seller a written
rescission notice. If Buyer neither accepts nor delivers a written rescission notice,
then Buyer will be deemed to have approved and accepted the Disclosure Statement.
If Buyer delivers a written rescission notice, then this Agreement shall terminate and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the earnest money in escrow shall be immediately returned to Buyer.
d. Prior to Closing, Seller shall remove all tires and debris from the
Property, and shall ensure that the Property is free of debris on the date of Closing.
i. Buyer shall withhold fifteen thousand dollars ($15,000.00) from
the Purchase Price until all tires and debris are removed from the Property.
ii. Buyer and its employees and agents shall have the right and
permission from the date of this Agreement through the Closing date (or earlier
termination of this Agreement) to enter upon the Property at reasonable times
and from time to time for the purpose of inspecting the Property to ensure it
is free of tires and other debris. A final inspection will be conducted within 45
days of Closing. If the items have been removed, the Seller and Buyer shall
provide written acknowledgment to the escrow agent, who may then disburse
the $15,000.00 to Seller. This written acknowledgment is attached as Exhibit
“D”.
iii. Seller shall defend, indemnify and hold Buyer, 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,
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 3 of 9
arising out of or in connection with removal activities pursuant to this Section
4(d). The foregoing includes, without limitation, injury or damage to the
person or property of Seller or any third party. The provisions of this section
shall survive the expiration or termination of this Agreement.
e. This Agreement is also contingent upon insurability of title as addressed
in Section 6.
Should any of the contingencies provided for above or throughout this
Agreement, except for the provisions of Section 4(d)(ii), not be met prior to Closing,
then this Agreement shall terminate and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the earnest money in
escrow shall be immediately returned to Buyer. If the requirements of Section
4(d)(ii) are not met as set forth in Section 4(d)(ii), within 45 days of Closing, Buyer
may, at its sole discretion, elect to permanently retain $15,000.00 from the Purchase
Price and undertake the removal of the items identified in Section 4(d), provided that
Buyer shall first give Seller written notice of its intent to do so. Buyer’s notice of
election to retain the $15,000.00 due to Seller’s failure to satisfy the requirements of
Section 4(d) shall also be provided to the escrow agent and will, thereby, authorize
the escrow agent to disburse such funds back to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and
clear of all liens, encumbrances or defects except those described in Schedule B, Part
II, Special Exceptions paragraphs 8 through 10 of Rainier Title Report Number
749372RT, attached as Exhibit “C-1”; and Schedule B, Part II, Special Exceptions
paragraphs 8 through 10 of Rainier Title Report Number 750150RT, attached as
Exhibit “C-2”. All other special exceptions therein are to be removed from the
Property on or before Closing. General exclusions and exceptions common to the
area and not materially affecting the value of or unduly interfering with Buyer’s
reasonable use of the Property shall be permitted. All monetary encumbrances and
special exceptions listed in Exhibit “C-1” and “C-2”, other than those specifically
noted above, are to be removed from the Property on or before Closing.
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 4 of 9
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, who is
also serving as Escrow Agent, to issue standard coverage owner's policy of title
insurance to Buyer in an amount equal to the total purchase price of the Property.
For purposes of this Agreement, the following shall not be deemed encumbrances or
defects: rights reserved in federal patents or state deeds, building or use restrictions
consistent with current zoning and utility and road easements of record. If title
cannot be made so insurable prior to Closing, unless Buyer elects to waive such
defects or encumbrances, this Agreement shall terminate, and the Earnest Money
shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and excise
tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by 5:00 PM on
__________, 2020, which shall also be the termination date of this Agreement,
unless this Closing date is extended in writing by mutual agreement of the parties.
In addition to the Mayor, the Public Works Director for the City is also authorized to
extend closing on behalf of the City. When notified, the Buyer and Seller will deposit,
without delay, in escrow with Escrow Agent, all instruments and monies required to
complete the transaction in accordance with this Agreement. Closing, for the
purpose of this Agreement, is defined as the date that all documents are executed
and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 5 of 9
10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER’S REPRESENTATIONS. Seller represents:
a. that Seller will maintain the Property in present or better condition until
time of agreed possession and meet the obligations of Section 4(d);
b. that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
c. that Seller is in possession of the Property and the Property is not
subject to any lease or rental agreements.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Excepting the
conditions reported in the Phase I and Phase II Environmental Assessment Report
completed by the Buyer, Seller represents that, to the best of Seller’s knowledge,
Seller is not aware of the existence of, or has caused or allowed to be caused, any
environmental condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to Closing or any act of omission
occurring prior to Closing, the result of which may require remedial action pursuant
to any federal, state or local law or may be the basis for the assertion of any third
party claims, including claims of governmental entities. This provision shall survive
Closing and be in addition to Seller’s obligation for breach of a representation or
warranty as may be set forth herein.
13. SELLER’S INDEMNITIES: Seller agrees to defend, indemnify, and
hold harmless the Buyer, against and in respect of, any and all damages, claims,
losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses
and costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 6 of 9
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.
a. Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall
be limited to damages against Buyer in the liquidated amount of the earnest money
previously paid by the Buyer. Buyer and Seller intend that this amount constitutes
liquidated damages and so as to avoid other costs and expenses to either party in
connection with potential litigation on account of Buyer’s default. Buyer and Seller
believe this amount to be a fair estimate of actual damages.
b. Seller’s Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
c. Attorney’s Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and attorney’s
fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 7 of 9
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
Timothy I. Matelich
24200 Buena Vista Dr.
Black Diamond, WA 98010
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Jennie Graddon
Rainier Title Insurance Company
20435 72nd Ave. S., #155
Kent, WA 98032
JennieG@RainierTitle.com
213-216-0240
Either party may, by written notice to the other, designate such other address for the
giving of notices as necessary. All notices shall be deemed given on the day such
notice is personally served, or on the date of the facsimile transmission, or on the
third day following the day such notice is mailed in accordance with this section.
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 8 of 9
18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the “Closing”) is
expressly conditioned on the City of Kent City Council’s (the “City Council’s”) prior
authorization to buy the Property under this Agreement (“Council Authorization”),
which may or may not be granted in the City Council’s sole discretion. The City shall
not be liable or obligated for any burden or loss, financial or otherwise, incurred by
Seller as a result of the City Council’s modification of the final terms and conditions
of this Agreement, or the City Council’s failure to grant the Council Authorization.
a. Seller’s Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, expense or loss which Seller incurs as a result of the City Council’s
failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the Date of Mutual Acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement.
22. FORCE MAJEURE. Performance by Seller or Buyer of their obligations
under this Agreement shall be extended by the period of delay caused by force
majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor
disturbance, order of any government, court or regulatory body having jurisdiction,
or any similar cause beyond the reasonable control of the party who is obligated to
render performance.
8.F.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 9 of 9
23. COUNTERPARTS. This Agreement may be executed in one or more
counterparts.
24. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on April
30, 2020, to accept the Agreement as written, by delivering a signed copy thereof to
the Buyer or Buyer’s agent. If Seller does not so deliver a signed copy by this date,
this Agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date set forth below.
BUYER:
CITY OF KENT
Name: Dana Ralph
Title: Mayor
Dated:
SELLER:
Name: Andrew J. Matelich
Dated:
Name: Ruth M. Matelich
Dated:
Name: Timothy I. Matelich
Dated:
8.F.a
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EXHIBIT A-1
PARCEL NO. 222204-9029
That portion of Sections 14, 15, 22 and 23, Township 22 North, Range 4 East, W.M. in King
County, Washington, lying East of the Kent-Des Moines Highway and West of the County
Road, more particularly described as follows:
Beginning at the Northeast corner of Section 22, Township 22 North, Range 4 East, W.M. in
King County, Washington;
Thence North 89° 30' East along the North line of said Section 22, produced, 14.72 feet to
the center of County Road No. 76 "Frager Road" which point is hereby designated as the
True Point of Beginning;
Thence North 12° 21' 45" East 59.02 feet along the centerline of said County Road No. 76;
Thence North 14° 55' 30" West 66.77 feet along the centerline of said County Road;
Thence North 52° 09' 00" West 300.76 feet along the centerline of said County Road to its
intersection with the East line of the Enos Cooper Donation Claim;
Thence South 12° 01' 30" West 47.81 feet along the East line of said Donation Claim to the
Southeast corner of said Donation Claim;
Thence North 89° 47' 48" West 1551.02 feet along the South line of said Donation Claim to
its intersection with the centerline of the Kent-Des Moines Highway as established by
Volume 26 of Commissioners' Records, page 493 and Volume 27 of Commissioners'
Records, page 4, which intersection is on a highway curve to the right having a radius of
881.47 feet;
Thence Southeasterly along the centerline of the said Kent -Des Moines Highway, a distance
of 130.29 feet to its intersection with the North line of the Marshal W. Leet property as
described in Deed recorded under Recording Numbers 3289068 and 3350584;
Thence South 89° 47' 48" East 501.99 feet along said North line to the Northeast corner of
said Leet property;
Thence South 2° 38' 04" East 287.55 feet along the East line of said Leet property to the
Northwest corner of the A.M. Webb property, as conveyed by Deed recorded July 8, 1947
under Recording Number 3702926;
Thence Easterly parallel to the South line of th e Northeast quarter of said Section 22,
1170.47 feet, more or less, to the centerline of said County Road No. 76;
Thence in a Northeasterly direction along the centerline of said County Road to the Point of
Beginning;
Except that portion thereof lying within said County Road No. 76 and Kent-Des Moines
Highway;
And except that portion lying Westerly of the Easterly margin of State Road No. 516 as
condemned by the State of Washington in King County Superior Court Cause No.741401;
And except that portion thereof described as follows:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M. in
King County, Washington, described as follows:
8.F.a
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Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60 foot right
of way and the South line of E. Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068;
Thence South 89° 19' 47" East 265 feet;
Thence North 01° 02' 04" West to the South line of E. Cooper Donation Claim;
Thence North 87° 49' 52" West 249 feet to the point of beginning;
Less State Highway;
And except that portion thereof described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60 foot right
of way and the South line of E. Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Numbers 3289068 and 3350484;
Thence South 89° 19' 47" East 265 feet to the Point of Beginning;
Thence continuing South 89° 19' 47" East 236.99 feet, more or less, to the Northeast corner
of said tract of land;
Thence North 01° 02' 04" West on the Northerly extension of the East line of said tract of
land 120 feet, more or less, to the South line of said Donation Claim;
Thence North 87° 49' 52" West along said South line 237.26 feet;
Thence South 01° 02' 04" East 124 feet, more or less, to the point of beginning;
Situate in the County of King, State of Washington.
8.F.a
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EXHIBIT A-2
PARCEL NOS. 152204-9134 AND 152204-9137
Parcel A:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M.,
records of King County, Washington, described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60-foot right
of way and the South line of E Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068 and 3350484;
Thence South 89°19'47" East 265 feet;
Thence North 01°02'04" West to the South line of E. Cooper Donation Claim
Thence North 87°49'52" West 249 feel to the point of beginning;
Except State Highway.
Parcel B:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M.,
records of King County, Washington, described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60-foot right
of way and the South line of E Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068 and 3350484;
Thence South 89°19'47" East 265 feet to the point of beginning;
Thence continuing South 89°19'47" East 236.99 feet more or less to the Northeast corner of
said tract of land;
Thence North 01°02'04" West on the Northerly extension of the East line of said tract of
land 120 feet more or less to the South line of said Donation Claim;
Thence North 87°49'52" West along said South line 237.26 feet,
Thence South 01°02'04" East 124 feet more or less to the true point of beginning.
Situate in the County of King, State of Washington
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 1 of 9
Unimproved Ver. Effective 4-6-20
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please explain
on attached sheets. Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written
contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT XXX Frager Road S., Kent, WA, King County Tax Parcel Nos.
222204-9029, 152204-9134, and 152204-9137 ("THE PROPERTY"), OR AS LEGALLY
DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller is/ is not occupying the property.
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 2 of 9
Unimproved Ver. Effective 4-6-20
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach
documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
1. TITLE
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Do you have legal authority to sell the property? If no, please explain.
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Are there any encroachments, boundary agreements, or boundary
disputes?
[ ]
Yes
[ ]
No
[ ] Don't
know
*D. Is there a private road or easement agreement for access to the
property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any rights-of-way, easements, or access limitations that affect
the Buyer's use of the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*F. Are there any written agreements for joint maintenance of an easement
or right-of-way?
[ ]
Yes
[ ]
No
[ ] Don't
know
*G. Is there any study, survey project, or notice that would adversely affect
the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*H. Are there any pending or existing assessments against the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*I. Are there any zoning violations, nonconforming uses, or any unusual
restrictions on the property that affect future construction or remodeling?
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 3 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
*J. Is there a boundary survey for the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*K. Are there any covenants, conditions, or restrictions recorded against title
to the property?
2. WATER
A. Household Water
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Does the property have potable water supply?
(2) If yes, the source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the property
*[ ] Other water system
[ ]
Yes
[ ]
No
[ ] Don't
know
*If shared, are there any written agreements?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(3) Is there an easement (recorded or unrecorded) for access to and/or
maintenance of the water source?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(4) Are there any problems or repairs needed?
[ ]
Yes
[ ]
No
[ ] Don't
know
(5) Is there a connection or hook-up charge payable before the property can
be connected to the water main?
[ ]
Yes
[ ]
No
[ ] Don't
know
(6) Have you obtained a certificate of water availability from the water
purveyor serving the property? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(7) Is there a water right permit, certificate, or claim associated with
household water supply for the property? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(a) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?
*(b) If yes, has all or any portion of the water right not been used for five or
more successive years?
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 4 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
(c) If no or don't know, is the water withdrawn from the water source less
than 5,000 gallons a day?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(8) Are there any defects in the operation of the water system (e.g., pipes,
tank, pump, etc.)?
B. Irrigation Water
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Are there any irrigation water rights for the property, such as a water
right permit, certificate, or claim? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(a) If yes, has all or any portion of the water right not been used for five or
more successive years?
[ ]
Yes
[ ]
No
[ ] Don't
know
(b) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) Does the property receive irrigation water from a ditch company,
irrigation district, or other entity? If so, please identify the entity that
supplies irrigation water to the property:
C. Outdoor Sprinkler System
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Is there an outdoor sprinkler system for the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) If yes, are there any defects in the system?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(3) If yes, is the sprinkler system connected to irrigation water?
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
[ ] Public sewer system
[ ] On-site sewage system (including pipes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please describe:
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 5 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Is the property subject to any sewage system fees or charges in addition
to those covered in your regularly billed sewer or on -site sewage system
maintenance service?
C. If the property is connected to an on-site sewage system:
[ ]
Yes
[ ]
No
[ ] Don't
know
*(1) Was a permit issued for its construction?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) Was it approved by the local health department or district following its
construction?
[ ]
Yes
[ ]
No
[ ] Don't
know
(3) Is the septic system a pressurized system?
[ ]
Yes
[ ]
No
[ ] Don't
know
(4) Is the septic system a gravity system?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(5) Have there been any changes or repairs to the on-site sewage system?
[ ]
Yes
[ ]
No
[ ] Don't
know
(6) Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property? If no, please explain:
[ ]
Yes
[ ]
No
[ ] Don't
know
*(7) Does the on-site sewage system require monitoring and maintenance
services more frequently than once a year?
4. ELECTRICAL/GAS
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is the property served by natural gas?
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Is there a connection charge for gas?
[ ]
Yes
[ ]
No
[ ] Don't
know
C. Is the property served by electricity?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Is there a connection charge for electricity?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any electrical problems on the property?
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 6 of 9
Unimproved Ver. Effective 4-6-20
5. FLOODING
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is the property located in a government designated flood zone or
floodplain?
6. SOIL STABILITY
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Are there any settlement, earth movement, slides, or similar soil
problems on the property?
7. ENVIRONMENTAL
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Have there been any flooding, standing water, or drainage problems on
the property that affect the property or access to the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Does any part of the property contain fill dirt, waste, or other fill
material?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Is there any material damage to the property from fire, wind, floods,
beach movements, earthquake, expansive soils, or landslides?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Are there any shorelines, wetlands, floodplains, or critical areas on the
property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any substances, materials, or products in or on the property
that may be environmental concerns, such as asbestos, formaldehyde, radon
gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or
water?
[ ]
Yes
[ ]
No
[ ] Don't
know
*F. Has the property been used for commercial or industrial purposes?
[ ]
Yes
[ ]
No
[ ] Don't
know
*G. Is there any soil or groundwater contamination?
[ ]
Yes
[ ]
No
[ ] Don't
know
*H. Are there transmission poles or other electrical utility equipment
installed, maintained, or buried on the property that do not provide utility
service to the structures on the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*I. Has the property been used as a legal or illegal dumping site?
[ ]
Yes
[ ]
No
[ ] Don't
know
*J. Has the property been used as an illegal drug manufacturing site?
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 7 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
*K. Are there any radio towers that cause interference with cellular
telephone reception?
8. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is there a homeowners' association? Name of association and contact
information for an officer, director, employee, or other authorized agent, if
any, who may provide the association's financial statements, minutes,
bylaws, fining policy, and other information that is not publicly available:
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . .
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Are there any pending special assessments?
[ ]
Yes
[ ]
No
[ ] Don't
know
*D. Are there any shared "common areas" or any joint maintenance
agreements (facilities such as walls, fences, landscaping, pools, tennis
courts, walkways, or other areas co-owned in undivided interest with
others)?
9. OTHER FACTS
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Are there any disagreements, disputes, encroachments, or legal actions
concerning the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Does the property have any plants or wildlife that are designated as
species of concern, or listed as threatened or endangered by the
government?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Is the property classified or designated as forestland or open space?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Do you have a forest management plan? If yes, attach.
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Have any development-related permit applications been submitted to any
government agencies?
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 8 of 9
Unimproved Ver. Effective 4-6-20
If the answer to E is "yes," what is the status or outcome of those
applications?
[ ]
Yes
[ ]
No
[ ] Don't
know
F. Is the property located within a city, county, or district or within a
department of natural resources fire protection zone that provides fire
protection services?
10. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ]
Yes
[ ]
No
[ ] Don't
know
*Are there any other existing material defects affecting the property that a
prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and
correct to the best of my/our knowledge and I/we have received a copy
hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a
copy of this disclosure statement to other real estate licensees and all
prospective buyers of the property.
DATE SELLER SELLER
NOTICE TO BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW
ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO
OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED
SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real
estate licensees know of such inaccurate information.
8.F.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 9 of 9
Unimproved Ver. Effective 4-6-20
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this
disclosure statement below) has received a copy of this Disclosure Statement
(including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER: BUYER:
BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer’s right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the
“Environmental” section of the Seller Disclosure Statement.
DATE: BUYER: BUYER:
8.F.a
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R/AINIERTITLE
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY RAINIER TITLE AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
File No.:750150RT
Special Exceptions:
1
2.
Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45,
and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority of the City
of Kent. As of the effective date herein, the real estate excise tax rate is 1.78%.
General taxes and charges: 1st half delinquent May 1 , if not paid; 2nd half delinquent November
1, if not paid.
Year: 2019
Amount billed: $23.83
Amount paid: $0.00
Amount unpaid: $23.83
Tax Account No.: 152204-9134-03
3
$0.00
Affects: ParcelA
General taxes and charges: 1st half delinquent May 1 , if not paid; 2nd half delinquent November
1, if not paid.Year: 2019
Amount billed: $66.72
Amount paid: $0.00
Amount unpaid: $66.72
Tax Account No.: 152204-9137-00
Levy code:
Assessed value of land:
Assessed value
of improvements:
Levy code:
Assessed value of land
Assessed value
of improvements:
1457
$1,000.00
1457
$5,000.00
$0.00
Affects: Parcel B
Based on the Treasurer's records, the name and address of the last taxpayer/owner is:
Ruth Matelich
24200 Buena Vista Dr.
Black Diamond, WA 98010
4. The legal description submitted has been modified to comply with the public records and to reflect
the parties presumed intent. Closing instructions must indicate that the legal description has been
reviewed and approved by all parties to this transaction.
This page is onty a paft of a ZOt A Atfn@ Commitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitmenf lo /ssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited
Reprinted under license from the American Land Title Association.
Paqe 9 of 16
AMIRICAN
TAND TIfLE
€
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We find no pertinent matters of record against the name(s) of the vested owners.
We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed underwhich title is held is:20060207000639,
20060207000640 and 20070419002338.
The names of the proposed insured were not furnished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
7
B
I
Matters set forth by survey
Recorded:
Recording No.:
Matters set forth by survey
Recorded:
Recording No.:
10. Matters set forth by survey
Recorded:
Recording No.:
March 19, 1997
97031 99001
April 1, 1997
9744U9002
April 16, 2007
2007041690001 1
End of Special Exceptions
This page is only a part of a zot a atfa@ Commitment for Titte lnsurance. This Commitment is not vatid without the Notice; the Commitment to Issue Poticy; the Comnitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Paqe 10 of 16
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AMTRICAN
LAND TITTEs
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DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Partnering and City Services Agreement and Task Order 1
Between Sound Transit and the City of Kent for the
Operation and Maintenance Facility - Authorize
MOTION: Authorize the Mayor to sign the Partnering and City Services
Agreement and Task Order 1 between the City of Kent and Sound Transit
for the Federal Way Link Extension - Operations and Maintenance Facility
South, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
SUMMARY: For the past several years City staff have been working closely with
Sound Transit staff on the Federal Way Link Extension light rail project.
To support the Federal Way Link Extension Project and the future Tacoma Dome
Link Extension Project, Sound Transit will be constructing an Operations and
Maintenance Facility South (OMFS). Currently three sites are being studied as part
of the Draft Environmental Impact Statement. Two of these sites are located in
Federal Way and one site is located in Kent at the Midway Landfill.
The Partnering and City Services Agreement lays out the roles and responsibilities
between the City and Sound Transit with respect to the OMFS. It also establishes a
task order process for Sound Transit to pay the City for providing various project
support services.
Task Order 1 provides for the reimbursement from Sound Transit to the City of up
to $251,486 for review of environmental documentation, conceptual design review,
establishing a preliminary permitting plan and participation in public outreach
efforts.
BUDGET IMPACT: This Agreement and Task Order provides for reimbursement for
up to $251,486.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
8.G
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. GA 0306-19 Kent Partnering and City Services Agreement for Operation and
Maintenance Facility South (PDF)
2. GA 0306-19 Task Order 1 - OMF_Kent (PDF)
04/14/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/21/2020 7:00 PM
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GA 0306 -19 Partnering and Services Agreement City of Kent 1
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT
GA 0306-19
This Partnering and City Services Agreement (“Agreement”) is entered into between the City of Kent
(the “City”), a Washington municipal corporation, and Sound Transit, a regional transit authority of the
State of Washington for the purposes set forth below. Sound Transit and the City are collectively
referred to hereafter as “the Parties” or individually as a “Party”.
RECITALS
A. The City is a non-charter municipal code city incorporated under the laws of the State of
Washington, with authority to enact laws and enter into agreements to promote the health, safety,
and welfare of its citizens and for other lawful purposes.
B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW
with all powers necessary to implement a high capacity transit system within its boundaries in King,
Pierce, and Snohomish Counties.
C. The Sound Transit 3 (ST3) high capacity transit system expansion approved by the voters in
November 2016 includes a wide variety of projects, including a new Light Rail Operations and
Maintenance Facility (OMF), to be implemented over the next 25 years. Implementing ST3
consistent with the scope, budget, and schedule approved by the voters will require coordination
and collaboration by Sound Transit and by its federal, state, and local partners.
D. The City is responsible for administering state and local land use laws and development regulations
that will apply to Sound Transit projects located within the City jurisdiction. The City is also
responsible for managing streets and municipal utilities within its jurisdiction and for providing
municipal services such as public safety.
E. The Sound Transit Long Range Transit Plan identifies the City as one of the potential locations for the
Operation and Maintenance Facility – South Project (the OMFS Project). The OMFS Project will
support Sound Transit’s Link light rail system expansion and the related increase in its light rail
vehicle fleet and daily operations as identified in ST3. The Project’s Purpose and Need statement
notes that the OMF South must:
1. Provide a facility with the capacity to store, maintain, and deploy vehicles associated with
system-wide light rail system expansion. Support efficient and reliable light rail service that
minimizes system operating costs.
2. Support and connect efficiently to the regional system and be technically and financially feasible
to build, operate, and maintain, consistent with Sound Transit’s ST3 Plan and its Regional Transit
Long-Range Plan.
3. Preserve and promote a healthy and sustainable environment by minimizing adverse impacts to
people and the natural and built environments.
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GA 0306 -19 Partnering and Services Agreement City of Kent 2
F. Sound Transit is currently conducting environmental review for siting the OMFS Project in
accordance with the State Environmental Policy Act (SEPA). After consideration of the OMFS Draft
Environmental Impact Statement (DEIS), the Sound Transit Board will select a Preferred Alternative
site, which is currently anticipated to occur in the fourth quarter of 2020. Environmental review
under the National Environmental Policy Act (NEPA) will initiate following that decision. It’s
anticipated that the Sound Transit Board will select the location and project to be built in the fourth
quarter of 2021, after consideration of the completed SEPA and NEPA documents.
AGREEMENT
1. Purpose
The intent of this Agreement is to establish a common understanding of roles, responsibilities, and
schedule and budget imperatives for the timely delivery of the OMFS Project throughout its phases and
to establish a task order process for Sound Transit to pay the City for the costs of providing various
project support services.
2. ST3 Plan Representative Project & OMFS Project Status
2.1. The ST3 Plan included representative projects developed for the purpose of establishing scope
and cost estimates.
2.2. In April of 2019, the OMFS Project completed its Environmental Impact Statement (EIS) scoping
process. In May of 2019, the Sound Transit Board identified three of six site alternatives that
would be studied in the Draft EIS. One of the site alternatives for study in the Draft EIS is in the
City of Kent. In the summer of 2019, the OMFS Project began environmental review work on
the Draft EIS.
2.3. Sound Transit’s OMFS Project may include facilities to be constructed within the City’s
jurisdiction. Leading up to the Sound Transit Board selection of a preferred alternative,
interaction between the parties will be required to coordinate, review design, review applicable
code, share technical information and available survey data in support of project development.
2.4. If the Sound Transit Board selects a preferred alternative within the City’s jurisdiction, city
services and support leading up to the Sound Transit Board selection of a project to be built will
be required and will be scoped in a future task order under this Agreement, including City
support in preparation, review, and approval of agreements, preparation of construction plans,
and to secure property rights, permits, and approvals from the City for the construction of
Sound Transit’s facilities.
2.5. If the Sound Transit Board selects the OMFS Project to be built within the City’s jurisdiction, this
Agreement would be the first of multiple agreements and concurrence actions that will
memorialize shared understanding between Sound Transit and the City over the life of the
OMFS Project. The parties anticipate amending this Agreement and/or entering into future
agreements as the OMFS Project advances through subsequent design and delivery phases.
Future agreements or documents could include, a permitting plan, permitting and development
agreements, or other agreements as mutually determined by the Parties.
2.6. The Sound Transit Board has the sole authority to identify a range of project alternatives, select
a preferred alternative for environmental study and subsequently select the project to be built
after conclusion of the project environmental review phase. Nothing in this Agreement shall be
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interpreted as concurrence by the City that the OMFS Project should be located within City
limits, and this Agreement shall not be used as evidence in any manner or in any venue of such
concurrence.
3. Designated Representatives
The City and Sound Transit have designated formal points of contact and coordination for this
Agreement as shown in Exhibit A, Designated Representatives. Each Designated Representative is
responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the
objectives of this Agreement. The Parties may change Designated Representatives by written notice to
the other Party during the term of this Agreement. Task orders may designate other individuals as points
of contact for each task order.
4. Cooperation and Good Faith Efforts
4.1. The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard,
communication of issues, changes, or problems that arise with any aspect of the work should
occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each
Party agrees to work cooperatively and in good faith toward resolution of any such issues.
4.2. The Parties acknowledge that this Agreement contemplates the execution and delivery of a
number of future documents, instruments and permits, the final form and contents of which are
not presently determined. The Parties agree to provide the necessary resources and to work in
good faith to develop the final form and contents of such documents, instruments and permits,
and to execute and deliver the same promptly.
4.3. The Parties will share information on existing conditions and planned projects within the OMFS
Project area with the intent to identify opportunities for coordination and resolve conflicts as
early as possible during Project development, and to reduce risks to OMFS Project development
and delivery.
5. Process for Decision Making and Project Reviews
5.1. Sound Transit will provide the City with a look-ahead schedule, typically two to three months in
advance of formal submittals at significant OMFS Project milestones that may require City staff
review and comment, to help the City identify and plan for resources needed to conduct its
reviews.
5.2. OMFS Project reviews will involve strategies, such as “over the shoulder” (“OTS”) reviews, task
forces, page-turn meetings, workshops, charrettes, or other forms of engagement that
encourage the Parties to collaborate early on thorough discussion of OMFS Project
opportunities, risks, and issues. The Parties will participate in these reviews and seek to resolve
issues proactively; before Sound Transit provides formal submittals to the City for review.
5.3. Upon receipt of official review packages, the City will review and return comments, consolidated
by the City’s Designated Representative or another party specifically identified as responsible,
from all relevant reviewers within a goal of 15 working days.
5.4. The Parties will be transparent in their respective decision-making processes and avoid
postponing difficult decisions until a critical deadline. The Parties will discuss upcoming
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decisions by either Party that may affect the OMFS Project scope, schedule, or budget and will
strive to proactively reach concurrence before decisions are made.
5.5. Commitment to OMFS Project Schedule and Budget
5.5.1. Schedule. The Parties are mutually committed to meeting key OMFS Project milestones.
The Parties will regularly review staffing plans and levels of effort to support delivery of
the OMFS Project within the agreed-upon schedule. Accordingly, the Parties will work in
good faith toward the target dates identified in the schedule attached as Exhibit B.
5.5.2. Approved cost estimate. The Parties agree to facilitate the OMFS Project being
completed within adopted budget.
5.6. The Designated Representatives will develop a concurrence document or letter to illustrate and
describe the improvements, roles and responsibilities for the OMFS Project components located
within the City’s jurisdiction, if any.
6. Engagement and Communication
6.1. Community Engagement and Communications Plan. Sound Transit’s Community Engagement
and Communications Plan describes the process for convening and managing community
engagement groups – an Elected Leadership Group, and an Interagency Group – as well as
engaging with the public and the media. The Community Engagement and Communications
Plan further describes the roles and responsibilities of the groups generally composed as
follows:
6.1.1. The Elected Leadership Group is composed of Sound Transit Board members and other
local elected officials in the corridor.
6.1.2. The Interagency Group is composed of senior staff from Sound Transit and the
associated Cities, and state agencies empowered with technical decision-making
authority.
Sound Transit has undertaken a substantive public and stakeholder engagement effort to reach
early and durable agreement on the OMFS Project scope. Ongoing OMFS Project engagement
efforts target elected leadership, partner agency staff as well as the general public and
organizations within the community. Sound Transit will continue these efforts through the life of
the OMFS Project.
6.2 Public Communication. The Parties will provide information to the community in an accurate
and timely manner and strive to notify and coordinate with each other in advance of formal
press releases, news conferences, community meetings or similar public statements concerning
the OMFS Project. As part of regular OMFS Project meetings with the City, the Parties will
coordinate and engage allowing for proactive planning of public events, collaboration in
advance related to content and topics for discussion, logistics and other issues associated with
community outreach.
7. Environmental Review
7.1. Sound Transit is the lead agency for compliance with the State Environmental Policy Act
("SEPA") for the OMFS Project. In coordination with the City and other agencies with
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jurisdiction, Sound Transit will complete the environmental review for the OMFS Project in
accordance with SEPA, by completing a SEPA Environmental Impact Statement for the OMFS
Project. The City, including all relevant departments and divisions, will participate in the
environmental review process to ensure that the scope of review, environmental impacts, and
appropriate mitigation measures are identified and agreed to during the environmental review
process for elements within the City’s jurisdiction.
7.2. The City commits to participate in the SEPA environmental review process as a Consulted
Agency. The City will contribute to the review of environmental documents for OMFS Project
elements within its jurisdiction. If future SEPA Addenda or other checklists are needed, the City
will contribute to the scope, analysis and review of the documents. The environmental review
will cover the City’s issuance of all permits for the OMFS Project as well as agreed upon
environmental mitigation for OMFS Project impacts. The City will use and rely on the OMFS
Project environmental document and agreed upon mitigation measures to satisfy its SEPA
responsibilities, consistent with WAC 197-11-600.
8. Essential Public Facilities
The OMFS Project is a regional transportation facility that has the status of an essential public facility
and the requirements of RCW 36.70A.200 are applicable. The siting and location of the OMFS Project
shall be consistent with RCW Chapter 36.70A.
9. Permitting Plan
9.1. Sound Transit will coordinate with the City to complete a code review as part of the OMFS
Project development to assess compatibility of the OMFS Project with the City’s Development
Code. The City and Sound Transit will identify appropriate actions that facilitate project delivery
if the OMFS Project is located with the City’s jurisdiction.
9.2. The Parties will coordinate to complete the following activities if the Board selects the OMFS
Project to be built within the City’s jurisdiction.
9.2.1. The parties will develop a draft Permitting Plan that supports the OMFS Project within
the City. The draft Permitting Plan will describe the processes intended to facilitate the
timely preparation, filing and processing of any required permits, identify City
departments with permitting responsibilities, and address the overall strategy for
completing land use and/or discretionary approvals, environmental permits to be issued
by the City, and building/trade/ministerial permits. The draft Permitting Plan will also
address the potential or selected delivery method(s) for OMFS Project construction and
related implications for the permitting process as well as a strategy for closing out
permits upon completion of construction and the issuance of necessary certificates of
occupancy.
9.2.2. The Parties will develop timelines in the draft Permitting Plan that support the ST3 Plan
goals of issuing land use decisions within one hundred twenty (120) days of City
acceptance of a complete application and approvals of construction permit decisions
within sooner timeframes. The Permitting Plan will include a “time-clock” process that
excludes certain periods, such as, turn-around times for Sound Transit to address
comments, clarifications, or necessary revisions.
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9.2.3. Upon completion of the environmental review phase and selection of the project to be
built, the Parties will develop a final Permitting Plan and implement the processes
identified in the Permitting Plan.
9.2.4. Implementation actions identified in the Permitting Plan may be formalized in
permitting agreements, development agreements, or other agreements as mutually
agreed by the Parties.
9.3. Nothing in this Agreement shall be deemed a waiver of the City’s regulatory authority, review
fees, nor a predetermination of OMFS Project compliance with applicable codes and regulations.
10. Planning and Managing Construction
Sound Transit will consider project delivery methods early in OMFS Project development and will
identify the appropriate project delivery method prior to the Sound Transit Board’s identification of the
project to be built. Sound Transit will evaluate alternative delivery methods for consistency with project
goals and communicate with the City regarding implications of the delivery method on the OMFS
Project, if applicable. Multiple project delivery methods may be deployed depending on construction
sequencing needs and differing OMFS Project facility requirements.
11. Property Acquisition
11.1. Temporary and Permanent Property Acquisitions
11.1.1. Sound Transit may require use of City rights-of-way to build any project element within
the City rights-of way. Sound Transit may also acquire permanent and temporary
property rights from private individuals and commercial interests to implement the
OMFS Project.
11.1.2. The City’s designated representative will notify Sound Transit’s Designated
Representative of potential development activities (permit requests, developer
inquiries, etc.) on parcels adjacent to and in the vicinity of the OMFS Project to be built,
once identified.
11.2. Transit Way
If the Board selects the OMFS Project to be built to include light rail guideway located on City
rights-of-way, the Parties will review the existing Transit Way Agreement between the Parties,
originally executed in March 2019 for the Federal Way Link Extension Project, to develop a
mutually agreeable form for a future Transit Way Agreement appropriate for the OMFS Project.
The Parties will also work together to identify opportunities and the necessary steps to
streamline the review and approval process for the OMFS Project’s Transit Way Agreement, and
subsequent amendments, including potential administrative review and approval opportunities.
The Parties will endeavor to develop the final form and contents of the Transit Way Agreement
for the OMFS Project and obtain the necessary approvals as soon as possible after the Board’s
selection of the project to be built.
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11.3. Utility Relocation
The City has agreements and franchises with third party utilities that describe processes and
notice requirements associated with requests for relocation of such facilities for City projects.
The Parties will collaboratively develop procedures for ensuring that notices and required plans
and specifications are prepared and provided to third party utility providers consistent with all
applicable codes and regulations. Likewise, the Parties will collaboratively develop similar
procedures for the relocation of utilities owned by the City. The schedule and timeline for utility
relocation is critical to the overall OMFS Project schedule.
12. Task Orders for City Services
12.1. General Approach. Sound Transit agrees to pay the City for the costs associated with particular
tasks that:
• Sound Transit asks the City to undertake and has negotiated a Task Order as described in
Section 12.2, or other written agreement, for payment to the City; and
• Provide demonstrable benefit in support of OMFS Project environmental review, design,
permitting, and construction activities, such as coordination of environmental review,
documentation of durable and specific OMFS Project commitments and concurrences,
documented decisions including permit approvals, and other types of agreements furthering
implementation of the OMFS Project; or
• Respond to requests made by Sound Transit to provide OMFS Project-related technical
information such as data, reports, or studies or to provide environmental review,
engineering or design services for City owned utilities or other public works affected by the
OMFS Project.
Costs for services will be based on the current hourly rate adopted as part of the City’s Fee
Ordinance Schedule at the time that charges are incurred.
This may include tasks that Sound Transit asks the City to complete on a shorter schedule than
the City would otherwise follow.
In general, Sound Transit will not pay the City for the costs associated with the following:
• Coordination between Sound Transit and the City normally provided as between
government agencies.
• City services provided in the ordinary course of business and on the City’s usual time and
schedule for which the City does not ordinarily charge fees such as technical staff review of
environmental documents.
• City services that Sound Transit will pay for under existing land use, permitting, or other fee
schedules. An exception to this exclusion would occur if a task order or other agreement
establishes a different payment structure in lieu of the established payments and fees.
• City services or costs associated with betterments or other improvements not identified in
the OMFS Project scope.
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12.2. Task Orders. One or more task orders may be prepared and executed by the Parties for work
effort to be covered by this Agreement. A list of anticipated task orders is attached as Exhibit C.
Task orders will be in a format similar to that shown in Exhibit D. Each task order will contain a
scope of work, a detailed cost estimate, and a schedule of work. The cost estimate will establish
a maximum funding level for the task order. Each task order will be executed by authorized
representatives of Sound Transit and the City and shall incorporate by reference the provisions
of this Agreement. In the event of a conflict between a task order and this Agreement, the
Agreement shall prevail.
12.3. Eligible Costs. Eligible Costs. The following types of expenditures will be eligible for
reimbursement:
• Direct OMFS Project costs including labor charges at the employees’ current rates in
accordance with the City adopted fee schedule on an hourly basis at the time the charge is
incurred.
• This Agreement does not cover the City’s normal capital and operating expenses such as
buildings, office equipment, maintenance, security, utilities, or vehicles, except those
expenses normally included in the City’s cost-based fee calculation for services.
• This Agreement does not cover costs the City may have incurred prior to execution of this
Agreement.
12.4. Performance. If the City does not perform the services described in the Task Orders, and if the
failure to perform is solely attributable to the City's actions or inactions, appropriate corrective
action will be discussed and agreed to by the City and Sound Transit Designated
Representatives. Should the corrective action not be agreed to or resolve the problem within
one (1) week, the dispute resolution process may be commenced and Sound Transit may
request specific resolutions including a reduction in the fees owed by Sound Transit to the City.
13. Invoicing
13.1. The City shall submit invoices and supporting documentation for task order payments. The
invoices must include the appropriate purchase order number, which Sound Transit will provide
after execution of each task order, a cover memo including a description of services provided by
the City, and supporting documentation detailing the work completed and associated costs.
13.2. The City shall submit its invoices with the required documentation via email or mail to
AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St.,
Seattle, WA 98104-2826 with a cc to the Sound Transit Designated Representative. Invoices
must be paid within (30) days of Sound Transit's receipt of the invoice and Sound Transit
confirmation of acceptable City documentation.
13.3. If Sound Transit determines that an invoice lacks sufficient documentation to support payment,
Sound Transit will notify the City of its determination within five (5) business days of receipt of
the invoice and request that the City provide additional documentation. Sound Transit may
withhold payment for contested portions of the invoice until supporting documentation for the
contested portions are provided, however such approval shall not be unreasonably withheld.
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14. Suspension and Termination
14.1. If the City has not received payment from Sound Transit as provided in Section 13, the City may
suspend performance of all or any part of the associated work after giving Sound Transit thirty
(30) days’ notice of the City’s intent to do so. Such suspension will remain in effect until
payment is made in full, at which time the suspension will be lifted.
14.2. Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 16 has failed
to reach resolution within the timelines described therein. The Party wishing to terminate this
Agreement for cause shall provide the other Party with notice of its intent to terminate and shall
give the other Party an opportunity to correct the failure to perform or breach within thirty (30)
days of the notice or within such longer period as may be necessary in the event that correction
cannot reasonably be accomplished within thirty (30) days. If the failure or breach is not
corrected or cured, this Agreement may be terminated by the aggrieved party by giving ninety
(90) days’ notice to the other Party.
14.3. This Agreement will also terminate with the mutual consent of both Parties.
14.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
15. Indemnity
15.1. Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials,
officers, agents, and employees, from and against any and all claims, losses or liability, for
injuries, sickness or death of persons, including employees of the indemnifying Party, or
damages, arising out of any willful misconduct or negligent act, error, or omission of the
indemnifying Party, its officers, agents, or employees, in connection with the services required
by this Agreement, provided, however, that:
15.1.1. The indemnifying Party’s obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death, or damage caused by or resulting from the sole
willful misconduct or sole negligence of the other Party, its elected officials, officers,
agents or employees; and
15.1.2. The indemnifying Party’s obligations to indemnify, defend and hold harmless for
injuries, sickness, death, or damage caused by or resulting from the concurrent
negligence or willful misconduct of the indemnifying Party and the other Party, or of the
indemnifying Party and a third party other than an elected official, officer, agent, or
employee of the indemnifying Party, shall apply only to the extent of the negligence or
willful misconduct of the indemnifying Party, its elected officials, officers, agents, or
employees.
15.2. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in
relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its
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officers, agents and employees harmless from any tax liability owed by other Party arising from
or related to the transactions set forth herein, including, but not limited to, any taxes, penalties,
fines, and/or interest that are assessed by any tax authority against the indemnifying Party and
further including all attorneys’ fees and costs incurred in response to any claims or assessments
by any tax authority against indemnifying Party, its officers, agents and employees.
15.3. The obligations in this Section shall survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or completion.
16. Dispute Resolution
16.1. Prior to taking or joining any action in any judicial or administrative forum to challenge actions
of the other Party associated with this Agreement the Parties agree to follow the dispute
resolution process set out in this Section.
16.2. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at
the lowest level possible.
16.3. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section. The Parties agree that
cooperation and communication are essential to resolving issues efficiently.
16.4. Either Party may refer a dispute to the dispute resolution process by providing written notice of
such referral to the other Party’s Designated Representative. The Parties agree to use their best
efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
16.4.1. Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) days after referral of
that dispute to Level One, either party may refer the dispute to Level Two.
16.4.2. Level Two - Sound Transit’s Sound Transit’s Executive Director of the Planning,
environment, and Project Development Department and the City’s Public Works and
Economic and Community Development Director(s) shall meet to discuss and attempt to
resolve the dispute, in a timely manner. If they cannot resolve the dispute within
fourteen (14) days after referral of that dispute to Level Two, either party may refer the
dispute to Level Three.
16.4.3. Level Three - Sound Transit’s Chief Executive Officer and the City’s Mayor or Designee
shall meet to discuss and attempt to resolve the dispute in a timely manner.
16.5. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
Three within fourteen (14) days after referral of that dispute to Level Three, the Parties are free
to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods
such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to
perform any undisputed obligations and make any undisputed required payments under this
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Agreement in the same manner and under the same terms as existed prior to the dispute.
Notwithstanding anything in this Agreement to the contrary, neither party has an obligation to
agree to refer the dispute to mediation nor other form of dispute resolution following
completion of Level Three of the process described herein. Such agreement may be withheld
for any reason or no reason.
17. Remedies and Enforcement
17.1. The Parties reserve the right to exercise any and all remedies available under the law, singly or
in combination, and consistent with the dispute resolution and default Sections of this
Agreement, in the event the other violates any provision of this Agreement. These remedies
include, but are not limited to:
17.1.1. Commencing an action at law for monetary damages;
17.1.2. Commencing an action for equitable or other relief;
17.1.3. Seeking specific performance of any provision that reasonably lends itself to such
remedy; and/or
17.2. All remedies set forth above are cumulative and the exercise of one shall not foreclose the
exercise of others.
17.3. Neither Party shall be relieved of its obligations to comply promptly with any provision of this
Agreement by reason of any failure by the other Party to enforce prompt compliance, and such
failure to enforce shall not constitute a waiver of rights or acquiescence in the other Party’s
conduct.
17.4. Each Party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either Party
brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs
and attorney’s fees and expenses incurred in defending or bringing such claim or lawsuit,
including all appeals, in addition to any other recovery or award provided by law; however,
nothing in this paragraph shall be construed to limit the Parties’ rights to indemnification.
18. Duration of Agreement
This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This
Agreement shall remain in effect until all Sound Transit projects contemplated by this Agreement are
completed and open to the public, unless this Agreement is extended by mutual agreement of the
Parties, or unless this Agreement is superseded by a future agreement or amendment or is sooner
terminated as provided in Section 14.
19. Warranties
19.1. By execution of this Agreement, the City warrants:
19.1.1. That the City has the full right and authority to enter into and perform this Agreement,
and that by entering into or performing this Agreement the City is not in violation of any
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law, regulation, or agreement by which it is bound or to which it is bound or to which it
is subject; and
19.1.2. That the execution, delivery and performance of this Agreement by the City has been
duly authorized by all requisite corporate action, that the signatories for the City hereto
are authorized to sign this Agreement, and that upon approval by the City, the joinder or
consent of any other party, including a court or trustee or referee, is not necessary to
make valid and effective the execution, delivery and performance of this Agreement.
19.2. By execution of this Agreement, Sound Transit warrants:
19.2.1. That Sound Transit has the full right and authority to enter into and perform this
Agreement, and that by entering into or performing this Agreement Sound Transit is not
in violation of any law, regulation or agreement by which it is bound or to which it is
bound or to which it is subject; and
19.2.2. That the execution, delivery and performance of this Agreement by Sound Transit has
been duly authorized by all requisite corporate action, that the signatories for Sound
Transit hereto are authorized to sign this Agreement, and that upon approval by Sound
Transit, the joinder or consent of any other party, including a court or trustee or referee,
is not necessary to make valid and effective the execution, delivery and performance of
this Agreement.
20. Administration of Agreement
20.1. This Agreement will be jointly administered by Sound Transit’s Designated Representative and
the City’s Designated Representative.
20.2. Each Party shall bear its own costs of administering this Agreement.
20.3. Each Party shall be responsible for its own public records and public records requests.
21. Assignment and Beneficiaries
Neither Party may assign all or any portion of this Agreement without the express written consent of the
other Party. There are no third party beneficiaries to this Agreement.
22. Notices
22.1. Unless otherwise provided herein, all notices and communications concerning this Agreement
shall be in writing and addressed to the Designated Representative.
22.2. Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii)
deposited postage prepaid in the certified mails of the United States, return receipt requested,
(iii) delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative as listed
herein. However, notice under Section 14, Suspension and Termination, must be delivered in
person or by certified mail, return receipt requested.
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23. Audits
The Parties shall each maintain accounts and records, including contract and financial records, which
sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed
under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit.
These records shall be maintained for a period of six (6) years after termination or expiration of this
Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to
RCW Chapter 40.14 and agreed to by the City and Sound Transit.
24. General Provisions
24.1. The Parties shall not unreasonably withhold requests for information, approvals, or consents
provided for in this Agreement; provided, however, that approvals or consents required to be
given by vote of the Sound Transit Board or the Kent City Council are recognized to be legislative
actions. The Parties agree to take further actions and execute further documents, either jointly
or within their respective powers and authority, to implement the intent of this Agreement
provided, however, that where such actions or documents must be first approved by vote of the
Sound Transit Board or the Kent City Council, such actions are recognized to be legislative
actions. The Parties agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in this Agreement.
24.2. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the
State of Washington. Venue for any action under this Agreement shall be King County,
Washington.
24.3. This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit.
24.4. Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this
Agreement, the reference to “days” shall mean calendar days unless otherwise noted. Any
reference to “working days” shall exclude any legal holidays and weekend days. If any time for
action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
24.5. This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. No other person shall have any right of action based
upon any provision of this Agreement.
24.6. No joint venture or partnership is formed as a result of this Agreement. No employees, agents
or subcontractors of one party shall be deemed, or represent themselves to be, employees of
any other party.
24.7. This Agreement has been reviewed and revised by legal counsel for all Parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document
shall apply to the interpretation or enforcement of this Agreement. The Parties intend this
Agreement to be interpreted to the full extent authorized by applicable law.
24.8. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
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24.9. This Agreement and related Task Orders may be amended only by a written instrument
executed by each of the Parties hereto. The Designated Representatives may agree upon
amendments to Exhibits or to extend the term of this Agreement. Such amendments shall be
binding upon the Parties without the need for formal approval by the Sound Transit Board and
the Kent City Council, as long as the amendments are generally consistent with this Agreement
and do not exceed the authority granted by the Sound Transit Board and City Council.
24.10. This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and all counterparts together shall constitute but one and the same instrument.
25. Severability
In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part,
neither the validity of the remaining part of such term nor the validity of the remaining terms of this
Agreement shall in any way be affected thereby.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized
representative affix his/her name in the appropriate space below:
SOUND TRANSIT THE CITY OF KENT
By:
Peter M. Rogoff, Chief Executive Officer
Date:
By:
Derek Matheson, Chief Administrative Officer
Date:
Authorized by Motion No.
M2020-_______
Authorized by City Council
Motion on ______, 2020.
Approved as to form:
By:
Amy Jo Pearsall, Senior Legal Counsel
Approved as to form:
By:
Arthur “Pat” Fitzpatrick, City Attorney
EXHIBITS
Exhibit A: Designated Representatives
Exhibit B: Schedule
Exhibit C: Anticipated Task Orders
Exhibit D: Task Order 1
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GA 0306 -19 Partnering and Services Agreement City of Kent 15
Exhibit A
Designated Representatives
A.1. To promote effective intergovernmental cooperation and efficiencies, each party designates the
following persons as their representatives ("Designated Representatives") who shall be responsible for
coordination of communications between the parties and shall act as the point of contact for each party.
The Designated Representatives shall coordinate communicate regularly to discuss the status of the
tasks to be performed, identify upcoming Project decisions and any information or input necessary to
inform those decisions, discuss any substantial changes to the Project, and resolve any issues or disputes
related to the Project, consistent with this Agreement.
The Designated Representatives are:
A.2 The Parties reserve the right to change Designated Representatives by providing notice to the other
party during the term of this Agreement and editing this Exhibit.
City
Tim Laporte, P.E.
Public Works Director
220 4th Avenue South Kent, WA 98032
(253) 856-5600
tlaporte@kentwa.gov
Sound Transit
Curvie Hawkins
Project Development Director – OMFS
401 S Jackson Street Seattle, WA 98104
(206) 689-4772
Curvie.Hawkins@SoundTransit.org
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GA 0306 -19 Partnering and Services Agreement City of Kent 16
Exhibit B
Schedule
OMF South Schedule*
Task Start Month End Month
Designated Representative(s) Attendance at Meetings with
Sound Transit Staff
April 2020 December 2020
1.0 Project Administration
1.1 Coordination and Communication April 2020 December 2020
1.2 Management and Administration April 2020 December 2020
1.3 Agreements April 2020 December 2020
2.0 Document and Design Review
2.1 Coordination of City Environmental Document Review
Review Draft Environmental Impact Statement (DEIS) Summer 2020 December 2020
2.2 Review of other Project Documents April 2020 December 2020
2.3 Over the Shoulder (OTS) Design Review April 2020 December 2020
2.4 Conceptual Engineering Submittal Summer 2020 December 2020
3.0 Preliminary Permitting Coordination
3.1 Establish Preliminary Permit Process April 2020 December 2020
4.0 Support Project-related Public Outreach Efforts
4.1 Participate in Planning Public Outreach Efforts April 2020 December 2020
* Dates are current as of Task Order execution, but are subject to change. ST will keep the City apprised of
schedule changes by means of a “look-ahead” schedule, which be updated on a regular basis.
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GA 0306 -19 Partnering and Services Agreement City of Kent 17
Exhibit C
Anticipated Task Orders
Task Order 1 – DEIS Project Support
Task Order 2 – Tentative - FEIS Project Support
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GA 0306 -19 Partnering and Services Agreement City of Kent 18
Exhibit D
1 of 4
TASK ORDER __: Title
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATION AND MAINTENANCE FACILITY - SOUTH PROJECT
This Task Order is issued under the Partnering and City Services Agreement between the City of Kent
and Sound Transit dated ________, 2020. This Task Order establishes the scope, schedule, and budget
for the services (Services) provided by the City for Sound Transit. The City agrees to perform the Services
in the manner set forth in this Task Order. The terms and conditions of the Partnering and City Services
Agreement are incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is _________________, 20___.
Project Description.
Provide general description of the work to be performed. May also include definitions if
helpful/appropriate.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Cost Estimate is included as Attachment 2 to this Task Order.
• The Schedule is included as Attachment 3 to this Task Order and referenced in Exhibit B to the
Agreement. Any changes to the schedule will be amended via this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
____________________________________
Name, City Attorney
For Sound Transit
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
_____________________________________
Name, Sound Transit Legal Counsel
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GA 0306 -19 Partnering and Services Agreement City of Kent 19
Exhibit D
2 of 4
TASK ORDER # ____ Attachment 1: Title Scope of Work.
The outline below provides a sample format. The Scope should be fully developed and provide a detailed
description of work to be provided under each Task Order.
Task 1: Project Administration
1.1. Coordination and Communication.
1.2. Management and Administration.
1.3. Agreements.
Task 2: Document and Design Review
2.1. Coordination of City Environmental Document Review.
2.2. Review of Other Project Documents.
2.3. Over the Shoulder (OTS) Design Review.
2.4. Conceptual Engineering Submittal.
Task 3: Preliminary Permitting Coordination
3.1. Establish Permit Process.
Task 4: Support Project-related Public Outreach Efforts
4.1. Participate in Planning Public Outreach Efforts.
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GA 0306 -19 Partnering and Services Agreement City of Kent 20
Exhibit D
3 of 4
TASK ORDER # _____ - Attachment 2: Title Task Order Cost Estimate.
Spreadsheet to be inserted. Use tasks and schedule to develop estimate based on labor rate and
expenses.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task Total Hours Labor Rate O/H Rate Total
1. Project Management and Administration
1.1 Coordination and Communication
1.2 Management and Administration
1.3 Agreements
2. Document and Design Review
2.1 Review Draft Environmental Impact
Statement (DEIS)
2.2 Review of Other Project Documents
2.3 OTS Design Review
2.4 Conceptual Engineering Submittal
3. Preliminary Permitting Coordination
4. Support Project-related Public Outreach
Efforts
Subtotal
10% Contingency
Total Estimated Cost
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GA 0306 -19 Partnering and Services Agreement City of Kent 21
Exhibit D
4 of 4
TASK ORDER # _____ - Attachment 3: Schedule.
OMF South Schedule*
Task Start Month End Month
Designated Representative(s) Attendance at Meetings with
Sound Transit Staff
April 2020 December 2020
1.0 Project Administration
1.1 Coordination and Communication April 2020 December 2020
1.2 Management and Administration April 2020 December 2020
1.3 Agreements April 2020 December 2020
2.0 Document and Design Review
2.1 Coordination of City Environmental Document Review
Review Draft Environmental Impact Statement (DEIS) Summer 2020 December 2020
2.2 Review of other Project Documents April 2020 December 2020
2.3 Over the Shoulder (OTS) Design Review April 2020 December 2020
2.4 Conceptual Engineering Submittal Summer 2020 December 2020
3.0 Preliminary Permitting Coordination
3.1 Establish Preliminary Permit Process April 2020 December 2020
4.0 Support Project-related Public Outreach Efforts
4.1 Participate in Planning Public Outreach Efforts April 2020 December 2020
* Dates are current as of Task Order execution, but are subject to change. ST will keep the City apprised of
schedule changes by means of a “look-ahead” schedule, which be updated on a regular basis.
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
This Task Order is issued under the Partnering and City Services Agreement between the City of Kent
and Sound Transit dated ________, 2020. This Task Order establishes the scope, schedule, and budget
for the services (Services) provided by the City for Sound Transit. The City agrees to perform the Services
in the manner set forth in this Task Order. The terms and conditions of the Partnering and City Services
Agreement are incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is _________________, 20___.
Project Description.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Exhibit B to the Agreement.
• The Cost Estimate is included as Attachment 2 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
____________________________________
Name, City Attorney
For Sound Transit
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
_____________________________________
Name, Sound Transit Legal Counsel
8.G.b
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 1
TASK ORDER 1 - Attachment 1: OMF South Scope of Work.
Task 1: Project Administration
1.1. Coordination and Communication.
The key purpose of coordination and communication during this phase is to work collaboratively
with ST on planning and design issues for the OMF South project. Activities include participating in
regularly scheduled (as needed bi-weekly or monthly) project coordination meetings with ST and
preparing for and/or following up on key topics to advance resolution of issues. Also included, is
identification of and discussion regarding projects and/or proposals (e.g., utility, public works
projects, or private development projects) that present partnership opportunities or the potential
to conflict with the project.
Deliverables
• Attend Sound Transit project coordination meetings.
1.2. Management and Administration.
The key purpose of this task is to provide accurate and timely project administration. This task will
be continuous throughout the duration of this phase and includes the City’s work necessary to set
up and prepare quarterly invoicing, monitoring and reporting progress, preparing for future Project
phases, and providing overall project coordination.
Deliverables
• Provide quarterly invoicing and progress reporting and on-going project management
activities.
1.3. Agreements.
The key purpose of this task is to interface with ST and provide for timely approval of task orders
and other relevant agreements that may be identified as required or desired during the course of
this phase of the Project. In the event other agreements are identified for completion during this
phase of the Project, this task will be used by the City for all coordination and other activities
associated with such agreements, letters of concurrence, or other instruments.
Deliverables
• The City will work with ST to develop a Task Order for future phases of the project. This
work is anticipated to occur near the end of the SEPA environmental review process.
Task 2: Document and Design Review
2.1. Coordination of City Environmental Document Review.
As a cooperating agency with ST, the City will be afforded the opportunity to review the OMF South
Project’s Draft EIS and provide feedback on the same to ST. Sound Transit will notify the City two
(2) to four (4) weeks in advance of providing project environmental documents to the City and the
City will perform a review of the DEIS and return unified and coordinated comments from all
relevant City departments within twenty one (21) days. If for any reason the City requires
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 2
additional review time the City will notify Sound Transit as soon as possible. ST will only provide
additional time if it does not impact the schedule.
This activity will cover review of the DEIS for the OMF South Project, which will be prepared
pursuant to SEPA. Reimbursement pursuant to the terms of the Partnering and City Services
Agreement for this activity will only be approved for time spent by the City’s Designated
Representative (or his or her designee for this activity) who will be charged with consolidating and
reviewing all City comments as part of preparing a set of unified City comments to provide to ST.
No reimbursement of individual subject matter experts or technical staff at the City will be
approved as part of this activity.
Deliverables
• Review and provision of consolidated City comments, including all relevant discipline
groups, of the OMF South Project’s Draft EIS.
2.2. Review of Other Project Documents.
This task includes City discipline review for project documents prepared in support of the DEIS
process, including technical memoranda, feasibility studies, basis of design reports, or other
documents prepared for which City review is desired by ST in order to efficiently advance project
development. The City will perform their review of documents and will provide consolidated
comments back to ST based on their review and within the timeline requested by ST, which will be
commensurate with the length and complexity of the document being reviewed.
2.3. Over the Shoulder (OTS) Design Review.
The key purpose of OTS review during this phase is to ensure that the OMF South Project design is
consistent with City codes and regulations. Close coordination, through regularly scheduled
meetings referenced in 1.1 and additional meetings as needed, will be necessary to advance,
review, and communicate design developments with project team members and to seek feedback
or concurrence from the City.
2.4. Conceptual Engineering Submittal.
This phase of the Project will include a formal design submittal advancing project conceptual design
in support of the DEIS preparation process. As part of this submittal, City staff will review the
conceptual design submittal and associated reference drawings, as well as other information
submitted as part of the basis of design. City review of formal submittals is intended to ensure that
the Project design is consistent with City codes and regulations. Sound Transit will notify the City
two (2) to four (4) weeks in advance of providing design review packages to the City and the City will
perform a review of the packages and return unified and coordinated comments from all relevant
City departments within thirty (30) days. If for any reason the City requires additional review time
the City will notify Sound Transit as soon as possible.
Deliverables
• Submit consolidated and coordinated comments on conceptual design submittal, and
others shared with the city as necessary to advance the project.
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 3
Task 3: Preliminary Permitting Coordination
3.1. Establish Permit Process.
A key activity during this project phase is to jointly develop and approve a preliminary permitting
plan that supports the project schedule and provides the City with the information and time needed
to provide approvals. City and Sound Transit staff will work together to establish mutually
agreeable procedures and to streamline processes where possible.
Deliverables
• The City will work with Sound Transit to develop a mutually agreeable preliminary
permitting plan.
Task 4: Support Project-related Public Outreach Efforts
4.1. Participate in Planning Public Outreach Efforts.
Under this task, the City will provide assistance to ST, as required, in planning outreach activities to local
stakeholders including City council and elected officials and the general public. This may include
strategizing about effective outreach, identifying target audiences, communities where efforts should be
targeted, assisting in preparing materials, and other assistance, as requested
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 2
Page 1
TASK ORDER 1 - Attachment 2: Task Order Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task Total Hours Labor
Rate O/H Rate Total
1. Project Management and
Administration
1.1 Coordination and Communication 160 $140.26 Incl. $22,442
1.2 Management and Administration 180 $140.26 Incl. $25,247
1.3 Agreements 90 $140.26 Incl. $12,623
2. Document and Design Review
2.1 Review Draft Environmental Impact
Statement (DEIS) 180 $140.26 Incl. $25,247
2.2 Review of Other Project Documents 80 $140.26 Incl. $11,221
2.3 OTS Design Review 250 $140.26 Incl. $35,065
2.4 Conceptual Engineering Submittal 450 $140.26 Incl. $63,117
3. Preliminary Permitting Coordination 180 $140.26 Incl $25,247
4. Support Project-related Public
Outreach Efforts 60 $140.26 Incl $8,416
Subtotal 1630 $228,624
10% Contingency $22,862
Total Estimated Cost $251,486
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DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Set May 5, 2020 as the Date for the Public Hearing on the
City of Kent's Proposed Ordinance Concerning the Hosting
of Homeless by Religious Organizations - Authorize
MOTION: Authorize the Mayor to set May 5, 2020 as the date for the public
hearing on the City of Kent’s proposed ordinance concerning the hosting of
homeless by religious organizations.
8.H
Packet Pg. 98
DATE: April 21, 2020
TO: Kent City Council
SUBJECT: Kent Correctional Facility Plumbing Project Bid - Award
MOTION: Award the Corrections Plumbing Project bid to EMTECH, LLC in
the amount of $862,733.75 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Parks Director.
SUMMARY: This project includes replacing existing fixtures with stainless steel
combination lav/water closet fixtures, demolishing CMU dividers in cells, tagging
valves, adding automated valves, replacing day room shut off valves, repairing
existing holding cell floor drains and adding a new drain in the hallway, replacing
hot water recirculating pipe with PEX piping and providing new enclosures around
all piping and equipment above ceilings and below floors.
The bid opening for the correctional facility plumbing project was held on March 19,
2020, with two bids received. The lowest responsible and responsive bid was
submitted by EMTECH, LLC in the amount of $862,733.75
Bid Tab Summary
01. EMTECH, LLC $862,733.75
02. Olympic Peninsula Construction Inc. $1,247,263.00
Engineer’s Estimate: $580,000 - $710,000
BUDGET IMPACT: This project is funded by Facilities Capital.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
10.A
Packet Pg. 99
DATE: April 21, 2020
TO: Kent City Council
SUBJECT: 2020 Plastic Markings Bid - Award
MOTION: Award the 2020 Plastic Markings Project to Specialized Pavement
Marking, Inc. in the amount of $150,630 and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY: This project consists of installing permanent signing, installing new and
refreshing existing plastic pavement markings including stop lines, crosswalks,
traffic arrows, traffic letters on various City of Kent Streets and traffic separator
curb with delineator posts on James St, all in accordance with Kent Special
Provisions, and the WSDOT Standard Specifications.
The bid opening for the 2020 Plastic Markings Project was held on April 14, 2020
with four bids received. The lowest responsible and responsive bid was submitted
by Specialized Pavement Marking, Inc. in the amount of $150,630.
Bid Tab Summary:
01. Specialized Pavement Marking, Inc. $150,630.00
02. Stanley Patrick Striping Co. $157,652.50
03. Stripe Rite, Inc. $172,647.00
04. Apply-A-Line LLC $215,987.50
Engineer's Estimate $211,660.00
BUDGET IMPACT: The project is funded by Business and Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Plastic Markings Bid Tab (PDF)
10.B
Packet Pg. 100
2020 Plastic Markings
Bid Opening: April 14, 2020, 11:00 AM Specialized Pavement Marking, Inc. Stanley Patrick Striping Co. Stripe Rite, Inc. Apply-A-Line LLC
11095 SW Industrial Way, Suite A 1628 3rd St. 1813 137th Ave. E. 175 Roy Rd. SW Bldg. C
Disclaimer: These preliminary bid results are provided as a convenience to Tualatin, OR 97062 Enumclaw, WA 98022 Sumner, WA 98390 Pacific, WA 98047
TOTAL $150,630.00 $157,652.50 $172,647.00 $215,987.50
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1000 Mobilization 1 LS 15,000.00 $15,000.00 52,000.00 $52,000.00 3,500.00 $3,500.00 19,250.00 $19,250.00
1005 Removing Raised Profile Plastic Line 600 LF 10.00 $6,000.00 5.00 $3,000.00 5.00 $3,000.00 5.00 $3,000.00
1010 Plastic Stop Line (12 inch wide) 100 LF 15.00 $1,500.00 5.00 $500.00 12.50 $1,250.00 10.00 $1,000.00
1015 Plastic Stop Line (24 inch wide) 750 LF 15.00 $11,250.00 6.00 $4,500.00 12.50 $9,375.00 15.00 $11,250.00
1020 Plastic Line 750 LF 6.00 $4,500.00 4.00 $3,000.00 3.50 $2,625.00 3.00 $2,250.00
1025 Plastic Crosswalk Line 3,550 SF 8.00 $28,400.00 6.00 $21,300.00 8.00 $28,400.00 8.50 $30,175.00
1030 Plastic Traffic Arrow 42 EA 275.00 $11,550.00 225.00 $9,450.00 350.00 $14,700.00 200.00 $8,400.00
1035 LOAD ZONE Plastic Traffic Letter 2 EA 750.00 $1,500.00 350.00 $700.00 1,500.00 $3,000.00 250.00 $500.00
1040 Intersection Turn Extension Line 350 LF 20.00 $7,000.00 2.00 $700.00 15.00 $5,250.00 15.50 $5,425.00
1045 Plastic HOV Symbol 2 EA 1,000.00 $2,000.00 150.00 $300.00 275.00 $550.00 250.00 $500.00
1050 Plastic Pedestrian Pavement Marking 8 EA 400.00 $3,200.00 150.00 $1,200.00 344.00 $2,752.00 325.00 $2,600.00
1055 Traffic Separator Curb w/Delineator Posts 300 LF 100.00 $30,000.00 80.00 $24,000.00 75.00 $22,500.00 85.00 $25,500.00
1060 Gore Chevron Markings (12 inch wide) 200 LF 20.00 $4,000.00 8.00 $1,600.00 8.75 $1,750.00 8.00 $1,600.00
1065 Additional Plastic Traffic Marking Removal 250 SF 5.00 $1,250.00 0.25 $62.50 10.00 $2,500.00 4.00 $1,000.00
1070 Uniformed Off-Duty Police Officer 90 HR 80.00 $7,200.00 80.00 $7,200.00 133.00 $11,970.00 175.00 $15,750.00
1075 Traffic Control Labor 605 HR 1.00 $605.00 1.00 $605.00 65.00 $39,325.00 86.50 $52,332.50
1080 Traffic Control Supervisor 130 HR 1.00 $130.00 1.00 $130.00 65.00 $8,450.00 88.50 $11,505.00
1085 Temporary Traffic Control Devices 1 LS 12,500.00 $12,500.00 20,000.00 $20,000.00 2,000.00 $2,000.00 12,500.00 $12,500.00
1090 Portable Changeable Message Sign (PCMS) 30 DAY 1.00 $30.00 1.00 $30.00 200.00 $6,000.00 200.00 $6,000.00
1095 Sequential Arrow Sign (SAS) 15 DAY 1.00 $15.00 275.00 $4,125.00 50.00 $750.00 120.00 $1,800.00
1100 SPCC Plan 1 LS 500.00 $500.00 750.00 $750.00 500.00 $500.00 1,150.00 $1,150.00
1105 Minor Changes 1 CALC 2,500.00 $2,500.00 2,500.00 $2,500.00 2,500.00 $2,500.00 2,500.00 $2,500.00
CONSTRUCTION CONTRACT TOTAL $150,630.00 $157,652.50 $172,647.00 $215,987.50
123
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
4
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2020 Plastic Markings
Bid Opening: April 14, 2020, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
1000 Mobilization 1 LS
1005 Removing Raised Profile Plastic Line 600 LF
1010 Plastic Stop Line (12 inch wide) 100 LF
1015 Plastic Stop Line (24 inch wide) 750 LF
1020 Plastic Line 750 LF
1025 Plastic Crosswalk Line 3,550 SF
1030 Plastic Traffic Arrow 42 EA
1035 LOAD ZONE Plastic Traffic Letter 2 EA
1040 Intersection Turn Extension Line 350 LF
1045 Plastic HOV Symbol 2 EA
1050 Plastic Pedestrian Pavement Marking 8 EA
1055 Traffic Separator Curb w/Delineator Posts 300 LF
1060 Gore Chevron Markings (12 inch wide) 200 LF
1065 Additional Plastic Traffic Marking Removal 250 SF
1070 Uniformed Off-Duty Police Officer 90 HR
1075 Traffic Control Labor 605 HR
1080 Traffic Control Supervisor 130 HR
1085 Temporary Traffic Control Devices 1 LS
1090 Portable Changeable Message Sign (PCMS) 30 DAY
1095 Sequential Arrow Sign (SAS) 15 DAY
1100 SPCC Plan 1 LS
1105 Minor Changes 1 CALC
CONSTRUCTION CONTRACT TOTAL
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
Engineer's Estimate
Gursimran Singh
$211,660.00
UNIT TOTAL
PRICE AMOUNT
10,000.00 $10,000.00
8.00 $4,800.00
15.00 $1,500.00
15.00 $11,250.00
8.00 $6,000.00
10.00 $35,500.00
160.00 $6,720.00
320.00 $640.00
10.00 $3,500.00
100.00 $200.00
150.00 $1,200.00
150.00 $45,000.00
20.00 $4,000.00
2.50 $625.00
120.00 $10,800.00
55.00 $33,275.00
55.00 $7,150.00
20,000.00 $20,000.00
150.00 $4,500.00
100.00 $1,500.00
1,000.00 $1,000.00
2,500.00 $2,500.00
$211,660.00
10.B.a
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