HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 05/04/2021 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, May 4, 2021
KENT 7:00 PM
WASH I NGTGN THIS IS A REMOTE MEETING
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/CitvofKent, 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 975 1408 2506
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
**************************************************************
COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Proclamation for Bike Everywhere Month
2. Employee of the Month
B. Community Events
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
City Council Meeting City Council Regular Meeting May 4, 2021
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 CityClerkoKentWA. iov.
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
MayorOKentWA.aov and CityCouncilCcDKentWA.aov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Apr 20, 2021 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Apr 20, 2021
7:00 PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Apr 27, 2021 4:00 PM
B. Payment of Bills - Authorize
C. Excused Absence for Council President Troutner - Approve
D. 2020 Fourth Quarter and 2021 First Quarter Fee In Lieu Funds - Accept
E. Consultant Services Agreement with Berger Partnership for 2022 Park and
Open Space Plan - Authorize
F. Easement to Lake Meridian Water District for New Well at Sun Meadows
Park - Authorize
G. Mendel Property Acquisition - Authorize
9. OTHER BUSINESS
10. BIDS
A. 2021 Watermain Replacement Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE:A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
City Council Meeting City Council Regular Meeting May 4, 2021
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.
4.A.1
PROCLAMATION
WHEREAS, Kent residents find that bicycling is a popular and viable means of
personal transportation; and
WHEREAS, The Kent city Council desires to promote the use of bicycling as a mode
of urban transportation in the city; and
WHEREAS, the role of the bicycle, in Kent, as an economical mode of personal
transportation will continue to increase in importance in coming years; 0
and
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WHEREAS, bike facilities like the Interurban trail, the Green River trail and the Soos a
Creek trail are intensively used for commuting, recreation, and other W
bike trips; and .2
WHEREAS, encouraging people to ride bicycles decreases traffic congestion, a
reduces demands on parking facilities, avoids raising fuel expenses; and r
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WHEREAS, concerns for personal health, having clean air to breathe and preserving g°
the planet make the bicycle an increasingly attractive alternative to ;v
unrestrictive use of the automobile; and (D
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WHEREAS, the city desires to have an active role in promoting the safety and
well-being of those who use bicycles for all transportation purposes. w'
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim May 2021 as o
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Bike Everywhere Month
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In Kent Washington and call upon the people of the city to support this observance 0
by riding their bicycles everywhere, while educating and encouraging others to utilize a
this mode of travel.
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In witness whereof, I have hereunto set my hand this 4th day of May, 2021.
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Mayor Dan Ralph
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KENT
W A S H I N G T O N
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The City Clerk's Office continues to have
ADMINISTRATION staff onsite daily and is available to provide =
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Administration customer service to the general public and U
staff.
• Our City Council retreat is Friday, May 7, at o
the Kent Senior Activity Center. We'll post Communications L)
• Coffee with the Chief was held, E
an agenda early the week of May 3. o
Our American Rescue Plan Act (ARPA) Wednesday, April 28 at the Great Wall Mall. '0
• Framework Committee met Thursday, April • The Convos with the Council series started c
on April 29, with Council President Toni a
29' Troutner. In the upcoming months, each W
• Thank you to Public Works for submitting councilmember will have the opportunity to �
our Meet Me on Meeker project for federal virtually meet the residents, hear feedback .
earmarks, which Congress recently Q�,
reinstated after a 10-year hiatus. Each and answer questions.
senator/representative has different • A pop-up PPE distribution event was held, a
application processes and very aggressive in conjunction with Bloodworks Northwest,on April 30 at Kent Station. o
timelines. Federal Way Link Extension a,
• We're moving forward with a contract with • Utility work in the Star Lake Station is on-
Police Strategies LLC for the police data going. This will result in traffic control on S. -1
project. Thank you to Councilmember Marli 272nd Street, 26t" Ave South and 281" Ave •c
Larimer for helping with the selection South. E
process. • A wall is under construction at S. 270t" a
Clerk's Office Street and 28t" Ave South. Traffic will be a
• As of May 1, Kathryn McKee transitioned reduced to one lane with temporary traffic
from the Deputy City Clerk to the Public signals. c
Disclosure Analyst. Kathryn will work with • In the Kent Des Moines Station area, 30t"
the Public Disclosure Administrator, Tiffany Ave South, just north of S. 240t" Street, •2
Alcorn, and the Police Records Supervisor, will be closed for the construction on the '
Christy Warren, on training for researching cap for the column in the right of way. This E
and gathering police-related records in G
response to public disclosure requests. is to allow for the bracing of the cap while U
• During the month of April, the City Clerk's the concrete cures.
Office responded to over 460 public • Construction of the Kent Des Moines
disclosure requests, including reviewing Parking garage is on-going. Progress is
over 156,000 emails and reviewing/ occurring rapidly.
redacting over 3,546 minutes of body-worn Race and Equity
camera video. The employee DEI survey has been
• Staff processed 105 contracts and opened completed. 298 employees completed the
two bids. survey, which is 36 /o of the employee
population. The vendor, McLean &
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Company will be providing a preliminary retraining and other employment security
report on May 7. support.
• The Race & Equity Core Team is scheduled In collaboration with King County's Local
to meet for the first time on May 5. The Foods Initiative, Economic development is
Race & Equity Core Team will play a refining a consultant scope of services for a
leading role in operationalizing the City's food services education facility envisioned
commitment to equity. to bring together public benefit
corporations, regional, and local non-profits
ECONOMIC AND COMMUNITY in a space designed expressly to support
DEVELOPMENT food related entrepreneurship.
Economic Development Economic development is supporting
Staff is coordinating outreach and public Washington FIRST Robotics' effort to
• engagement strategies with its Sound reframe its mission and find new ways to
deliver services post-Covid-19, by making
Transit counterparts to ensure Kent's 0introductions to potential strategic allies in =
residents and business owners are aware higher education, apprenticeship,
of opportunities to share their ideas for "informal" (non-school) education, and
public amenities as part of the members of industry.
development around the future Highline Long Range Planning E
LINK light rail station. o
Outreach continues to restaurateurs still • The mobile home park study is complete,
• struggling due to the pandemic to inform with a wealth of findings that are c
incorporated into the final draft of the Kent a
them of new sources of grant funds and Housing Options Plan (KHOP). The study
supports. The federal Restaurant was funded by the Department of
Revitalization Fund grant window opens o
Commerce and the state legislature as part a
soon, and business owners are being of HB 1923. The study included significant
encouraged to compile their application communication with park owners and JA
materials in advance. residents to ensure the City has as much
• Boeing and the Museum of Flight wish to information about this unique housing type o
donate a Boeing-built Inertial Upper Stage as possible. 0,
Rocket to the City, to highlight its space . Related deliverables such as an assessment
exploration heritage. Recently, Economic tool, and park profiles will allow the city to 2
Development and Parks staff met virtually engage with park owners to monitor and
with their collection representatives plus 10 reduce risks associated with safety-related E
Boeing retirees all interested in helping the code violations. This data, in addition to a w
City identify possibilities for restoring and resource options toolkit, gives the City the 2
showcasing this unique space artifact. best information available to help address
• Economic Development was granted a issues, and provides valuable information c
position on the Workforce Development that should prove useful to several W
Council's Seattle-King County rating board
departments. �
to help review Business Services RFP's Permitting
submitted under the auspices of the For April, Plans reviewers have approved E
Federal Workforce Innovation and G
Opportunity Act. That program awards 111 applications for permit issuance as of U
employer services contracts (approximately 4/25; and the inspectors have completed
$670,000 annually for five years to this 817 inspections in the past 30 days.
region) to employers who find themselves ' Madison Plaza has topped out their building
in need of emergency resources, including and is completing weatherproofing the
"rapid response" teams to deal with mass structure, and continues with interior
lay off situations. These dollars can fill finishing.
critical gaps by connecting employers to • Phase 2 of Ethos is in full swing and Alexan
workforce development and employees to gateway has begun construction on three
buildings.
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• Sound Transit has made substantial Benefits
progress on the Midway portion of the Healthcare Board Meeting on 4/28
FWLE. • Step into Spring Wellness Challenge - 119
• Building code enforcement has opened 44 enrolled, 19 teams, and 14,132,889 steps!
cases to date in 2021. Labor
• PERC mediation w/AFSCME on 4/29
• Discussing recruiting incentive for laterals
• Congratulations Anna Mitchell! She has (KPOA)
received a promotion and is now serving as Uploading temporary job profiles into
a Central Financial Analyst within the Workday
Creation of Senior Ecologist classification in
Customer Service Division. In 2019, Anna Public Works
joined the Customer Service Team as an Recruit
Account Representative. We are excited to Interviews for Parking Enforcement Officer
have her in this position. the week of 4/26 =
• The Government Finance Officers
Association (GFOA) has awarded the
Certificate of Achievement for Excellence in o
Financial Reporting to the City of Kent for Information Technology Projects U
the comprehensive annual financial report • Teams Calling POC - Deploy the City's next o
for the year ended December 31, 2019. voice calling system ensuring modern day y
The report has been judged by an impartial business system compatibility. c
panel to meet the high standards of the Asset and Workorder Replacement
program, which includes demonstrating a (Cityworks) - The project will replace the --
constructive "spirit of full disclosure" to Cities current end of life Asset Management o
clearly communicate its financial story and System. This project will identify, procure, G
motivate potential users and user groups and implement a new asset management
to read the report. The Certificate of system incorporating the industries GIS a)
Achievement is the highest form of and inventory management advancements.
recognition in the area of governmental Information Technology operational support o
accounting and financial reporting, and its for April 14, 2021 to April 27, 2021 >
attainment represents a significant • Number of tickets opened - 180 2
accomplishment by a government and its • Number of tickets closed - 250 T)
management. Enterprise GIS E
General:
a
• Developing address database for Amanda t
Workday implementation, includes 68 different fields
•
Currently working with IT to automate the of data c
new account creation process for • Continue to update and normalize city W
onboarding addressing database for various city-wide .2
Working on enhancing the temporary software implementations
• Working on Esri Advantage Program for
recruiting/onboarding process
GIS reorganization of architecture plan c
• Currently setting up and updating security Mailer app completed and provided training U
roles in Workday class for some Parks staff
• We've had 123 items logged on the issue Providing support for Parks to locate assets
tracker: 57 closed, 24 in progress and 42 using the GIS Collector application
are open Weekly Customer Service Requests:
• March statistics: Monthly GIS data update
o 7529 business process events, including Multiple requests for addresses for mailers
68 employment changes (new hires, Providing customer support to help staff
separations, job changes) connect to GIS data
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number of high priority contracts and
development projects, including property
• Continued work on an ordinance to rights and access issues involving Naden
restructure code provisions concerning Avenue.
appointed boards and commissions. • Assisted the Clerk's Office in preparing the
• Finalized negotiations with the Lake agenda for the City Council meetings and
Meridian Water District on an easement Committee of the Whole meetings.
agreement for its continued maintenance • Assisted the HR Department in a number of
and expansion of well facilities at Sun sensitive employment and labor related
Meadows Park for presentation to the matters.
Committee of the Whole at its April 27, MUNICIPAL COURT
2021 meeting.
• Assisted the Police Department in drafting
a consultant contract with Police
Strategies, LLC for consultant services PARKS,
related to data collection and analysis toCOMMUNITY SERVICES U
measure racial disparities in policing ;
activities. �
• Recreation and Cultural Services
Assisted the Parks Department in E
negotiating a purchase and sale agreement Kent Parks youth disc golf wrapped up a o
for the City's purchase of the Mendel very successful second session. The kids
property, which was presented to the improved each week gaining knowledge a
Committee of the Whole at its April 27, about the game, increasing their skills, and @ 2021 meeting. becoming more confident in their abilities.
• Several of the Developed a template for an agreement participants even bought Q.
between the City and various community-
their own discs so they can continue to
based organizations for police recruit play long after the program ends. Staff are )
volunteer services through the Community thrilled that the community has been so
Immersion Law Enforcement Project open and receptive to new sports and
(CILEP). activities during the pandemic and are o
• Prepared an ordinance for adoption of the looking forward to expanding some of
new state smoke dampener code. these creative and unique opportunities N
• Continued work on developing a draft when COVID is behind us. •9
policy update for the disposition of Staff are conceptualizing and planning for -Ea
evidence. summer programs within the ever changing a
• Assisted staff in responding to questions COVID landscape. Uncertainty about
regarding the administration of the COVID Phase placement coupled with
apprentice utilization requirements in associated programmatic restrictions and c
safety guidelines have made decision .2
Chapter 6.01 KCC. M
making a moving target. Staff remain
•
Continuing to assist staff in property c
acquisitions necessary for capital projects. flexible in their plans for a variety of fun,
educational and safe summer activities and•
Assisted Public Works, Economic & E
outreach opportunities.
Community Development, and Police in U
negotiating and drafting several lease The Kent Senior Center, in collaboration
agreements. with BERK Consulting, has launched a
• Prosecutors held their first in-person jury Senior Needs Assessment. A variety of
trial since November 2020. The case was outreach tools are being employed to get
for the crime of Reckless Driving and the the survey into the hands of every Kent
jury returned a verdict of guilty. household. We expect the assessment to
• Continued to assist the Clerk's office with validate current programs and services that
public records requests as needed, and are successfully meeting the needs and
Public Works, ECD, IT and Parks with a expectations of the diverse senior residents
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of Kent and to inform us about areas where a drive-thru pickup event at the Kent
we can expand, grow, or improve services. Commons on Thursday, June 10 from 4 -
• Forty-three artists applied for the 2021 6pm.
Traffic Signal Control Box Art-Wrap The Recreation Division events committee
Program. Applicants include professional visited three apartment communities in
and emerging artists based in Washington April with a spring planting activity called
State and working in a variety of mediums. "Boots and Blooms". The schedule included
A selection panel will review applicants and Grandview Apartments on Wednesday,
recommend 10 artists to design artwork for April 7 with 51 kids and families
10 boxes located throughout Kent. (Eight participating on a cold, rainy day; Valli Kee
boxes were identified as graffiti prevention Apartments on Wednesday, April 14 with
priorities for Public Works and are included 62 children served, and Scenic Vista Senior
in the 2021 City Art Plan. Parks Planning Living on Wednesday, April 21 with a
and Development will provide funding for approximately 90 seniors planting colorful co
two additional boxes as part of the recently spring flowers in cheerful rubber-boot
completed Willis and 4th roundabout flowerpots. This event series provided a
project.) great way for the Recreation team to ;
• Downtown Mural project artists Ian Shearer conduct outreach into the community, U
and Nick Goettling presented their concept connect with familiar faces and make new E
proposals to the Arts Commission on April contacts while providing an active, hands ,°
14. The Commission approved both on project for participants of all ages.
artwork concepts and provided feedback Special thanks to Washington Shoe a
for the artists as they finalize their designs Company and Kent East Hill Nursery for
for the walls at 403 W. Meeker St. and 314 donating supplies.
W. Meeker St. Installation is projected for a
late June. '
• The Kent Creates "Looking Forward" exhibit Staff Changes - Hiring/Retirement/
closed on March 31 with 36 submissions.
The following artists were chosen as Recruitment/ Leaves/Promotions
winners: Renee Hazen ("Bear Hug," acrylic • Entry Level Police Officer Dawnnie Fuentes o
painting), Ken Morris ("Movement," started April 16. >
photograph), John Armstrong ("Metro, Significant crime activities/arrests/ N
Route 41, Seattle, investigations
photograph), Liz Ruest 'c
("Seeing Beyond Now," digital collage), and • On April 17, at 1:35 am, Officers heard E
Daniel Wend ("Germination," oil pastel gunshots in the Hookah Bar/Goodwill a
painting.) A new exhibit - "Hope Blooms" - parking lot 256/102 and saw several a
people/cars fleeing the parking lots.
is open through June 30. Detectives are investigating. U
• Registered participants picked up their ii
c
"Earth Rocks" STEAM bags at a drive-thru On April 17, at 11:36 pm, Valley
event at the Kent Commons on Thursday, Communications received reports of an
April 22. These Earth Day-themed bags illegal discharge at Turnkey Park ,
sold out. 233rd/100th. Video from a nearby home E
• The Recreation Division STEAM bag shows a group of about six people confront 5
committee has put together another fun- another group, several gunshots are fired,
filled bag of activities to kick off summer. and people flee. A female was at Valley
"Seas the Day" STEAM bags are perfect for Medical Center with gunshot wounds to her
families with kids age 4-10. Each bag legs. She described being out somewhere'
includes science activities, art projects, in Kent with racers. She was not fully
cooperative but did admit she was near
shark tooth fossil excavation (all supplies
Turnkey Park area. Detectives are
included), goodies, and more. Registration
is required and the $12 bags will sell fast. investigating.
Registered participants will get their bag at
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• On April 20, at 6:19 pm, patrol was Dwayne Bryant at Inner Vision
dispatched to a shooting in the area of 409 International.
3 AVE S. Units quickly arrived and found Letter of Commendation: Sergeant Tung
two vehicles involved in a crash at 3 AVE wears many hats for the Kent Police
S/W. Willis St. The suspect allegedly got Department, including, but not limited to, PD
into a vehicle and chased after the victim Wellness lead, Peer Support lead, CDU Line
vehicle. As the victim vehicle was trying to Sergeant, and Patrol Sergeant. 2020 brought
escape several gun shots were heard and it us new challenges and Sergeant Tung always
T-boned another vehicle before coming to handled them in the most professional
rest in the yard. Nine 9mm casings were manner. CDU went to several high stress
located on 3 AVE S. No one was hit by callouts and Sergeant Tung was right there
gunfire. The suspect was located in Renton on the line modeling exceptional
and was found to be violating a No Contact competency. Sergeant Tung also works to a
Order prior to the shooting. improve officer's gear, training, and selection co
• On April 23, at 1:17 am, patrol was processes at the same time creating a =
dispatched to a two-car injury collision in positive, professional and fun work
the intersection of 1161" Ave SE and Kent environment. Sergeant Tung is a mentor to ;
Kangley Rd. The driver, a 32-year-old Kent all officers and helps to mold young officers L)
resident, was trapped inside his vehicle and with the goal of making KPD the best it can E
had a weak pulse. Puget Sound Fire was be. Sergeant Tung is supportive and officers ,°
able to extract him from the vehicle after trust they can go to him for any need.
several minutes and he was taken to Sergeant Eric Tung was commended for his a
Harborview with head and leg injuries. The all-around leadership. His peers are inspired
other driver, a 35-year-old Kent resident, by him, young officers look up to him, and
was taken to Valley Medical as a his chain respects him. a
precaution. Alcohol or drugs do not appear
to have been a factor. PUBLIC WORKS !�
L
• On April 25, at 4:30 pm, Patrol responded
to an illegal discharge call in the area of Land Survey/ PW GIS:
• Field staff provided construction support O
the Mosaic Hills apartments. The caller
reported hearing five shots, saw several and staking on active capital improvement >
juveniles run into the complex, then heard projects, including the West Hill Reservoir
and James & Second Ave pedestrian
a car speed off. Checks were made, improvements. Topographic design surveys
nothing was located at the time. About one were completed for East Valley Highway a
hour later, a 17-year-old male victim and infrastructure as-built surveys were
showed up at Valley Medical Center with a finished for the 228t" grade separation and 2
non-life-threatening gunshot wound. He
indicated he was shot at Mosaic Hills. The Willis & Fourth Ave. projects. West
property line staked at the East Hill 2
victim had no suspect description W
information to provide. Detectives are Training Center for fence installation.
investigating. Professional staff reviewed CIP project ,
Major emphasis patrol plans, calculated Horseshoe Bend boundary E
• Patrol conducted an emphasis April 16, at for DNR lease, mapped and wrote legal U
the Bellagio Hookah Lounge on 256t" & descriptions for the King County parcels
102nd in regard to all the shootings that near and under the 277 " Corridor Bridge.
have been happening in that area. PW GIS staff supported updates for
Events and awards Cityworks and GIS Collector projects.
• Coffee w/the Chief held at Mei Wa Bakery Fulfilled Public Records Requests, entered
at the Great Wall Mall April 28. infrastructure utility project as-builts.
• On April 28 & 29 New Conversation Construction:
Initiative - Race & Equity Training with 228 St. Union Pacific Railroad grade
separation bridge and roadway (Ph 5 of 5):
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general clean-up work, BP railing, grading Environmental:
perimeter landscape areas. 228t" Ave is South 212th Street/Garrison Creek repair:
open to traffic with intermittent lane staff are meeting with WA Department of
closures. Fish and Wildlife (WDFW) staff onsite on
• Willis Street and 4t" Ave S roundabout: Tue 4/27 to discuss repair of a deteriorated
accent lighting is now operational and vertically separated storm culvert
illuminating the urban design elements underneath S 212th Street by lining the
located inside the traffic circle. Substantial damaged section. If allowed by WDFW, the
completion has been issued for this project. goal would be to line and repair this section
The final walk-thru has been scheduled. of culvert pipe this summer.
Comments are due on Tuesday, May 4. FEMA flood map revision for commercial
Work on the new LED message board is properties in Horseshoe Bend: staff are
suspended for material procurement. Due working with FEMA, and with property a
to these long lead materials, the final owners and business owners in a localized
installation is expected to be complete in area within Horseshoe Bend, near the
May. vicinity of 79th Ave South and South 266th
Street, regarding a flood map change by ;
FEMA. FEMA's flood map revision may L)
increase FEMA flood insurance premiums E
for about 14 properties. Kent staff have ,°
reached out to these impacted properties
and will reach out again by mail this week. a
• The Planet Protector Summit premieres on
Tuesday, April 271" at 10:00 am. V_
Multimedia is wrapping up the final a
production. Registration has been open for
one week and we have 15 schools and )
-� 1,670 students registered. Once the show
I. -� - premieres, the link will be up on YouTube o
for all to watch. a)
• Adopt-A-Street/Spot - currently 68
• James Street and 2nd Avenue pedestrian participating adopter partners with new N
crossing: contract is ongoing. Impacts to groups interested in signing up. For the c
traffic between the hours of 9:00 AM and first two quarters of 2021: 89 total E
3:00 PM can be expected for the following volunteers, 51 bags of trash removed, 125 a
several weeks. Submittal review is total volunteer hours.
ongoing. • The Year 9 Annual Report for the City of U
• West Hill reservoir: forming and rebar Kent Clark Springs water supply system c
placement beginning this week. Rebar Habitat Conservation Plan (HCP) was
availability has impacted foundation submitted to the NOAA Marine Fisheries •2
construction. First rebar delivery expected Service and the US Fish and Wildlife '
April 29. Installation of new utilities in 381" Service this week. This annual report is a E
Ave S is ongoing. 381" Ave S is closed requirement of the HCP and provides an U
between S 248t" St and S 247t" St for the update for the services on ongoing efforts
duration of the project. Pedestrian access and progress on monitoring and projects.
through this closure will be maintained. . Staff is compiling the 2020 Cross
Connection Control Program Annual
w V. _ �'" Summary Report. This report, due to the
WA Department of Health, accounts for all
` ry water backflow assemblies installed in
Kent.
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Transportation: systems for the KOA and Downey projects,
• Staff are working on the 2022 - 2027 six- tested and ran irrigation at Alvin's Pond
year Transportation Improvement Program and Frager Rd and planted and mulched at
(TIP). This is the annual update to the Hytek site. The Wetland Maintenance crew
City's short-range transportation mowed and line trimmed at Redondo on
program. This plan, which will be presented 27t" Ave S, Maplewood Grove on 108t" Ave
to the City Council at the Workshop on May SE, Horseshoe Bend on 801" Ave S, Ridge
41", contains the projects we are planning at Garrison on 100t" Ave SE, Johnson Creek
to build and the projects we hope to on S 212t" St, DonoFrio on 42"d Ave S,
receive grant funding for in the next six Russell Rd wetland on S 228t" St, Kentview
years. Projects in the TIP come from the pump station on Frager Rd, ShoWare
larger project list in the Transportation Center on 4t" Ave N, 196t" corridor wetland
Master Plan. The City is required by state on 72"d Ave S, Pacific Northwest Equipment
law to adopt the TIP by June 30t" of each on 87t" Ave S, Senior Center on E Titus St, Cl)
year. Earthworks Dam on E Titus St, Kennebeck =
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Streets: wetland on Kennebeck Ave N, Swan Court
• Street maintenance crews performed on 112t" Ave S, Jamie Lane on 115t" PI SE, c=
bladework in South Park, installed a Sunpreet on 116t" Ave SE and Village 0
sidewalk and conduit on S 259t" PI, paved Creek Estates on 116t" Ave SE. The Holding E
and overlaid the alleyway on E Smith St, Pond crew mowed, line trimmed and ,°
removed and asphalted driveway, removed debris and sprayed the Horseshoe
backfilled and cleaned up area on S 259t" pump station on Central Ave, trimmed, a
PI, backfilled along the people path on removed leaves and debris and sprayed at
103rd Ave SE, bladed alleyway on E Smith the Washington Ave pump station on S
St, ground sidewalks on 58t" PI S, ground 2515t St, Foster pump station on 74t" Ave a
and repaired sidewalk on SR 181, prepped S, Kentview pump station on Frager Rd,
for pour, poured new sidewalk and Union Pacific pump station on S 260t" St )
L
backfilled on SE 236t" PI and cleaned and 3rd Ave pump station on 3rd Ave S, W
bridges on S 200t" St and Lake Meridian cleaned beds, trimmed and removed debris o
Bridge. from James St pump station on E James a)
• Signs and Markings crew installed signs in St, trimmed bushes, grass and removed
the Mill Creek area and 96t" Ave S, turned debris from Lindental on 118t" PI SE, placed N
"watch for ice" signs City wide, installed bark at James St pump station on E James c
bases and replaced signs on S 212t" St, St, Horseshoe pump station on S 2615t St, E
104t" Ave SE, S 240t" St and SE 237t" St. 3rd Ave pump station on 3r6 Ave S, Linda w
Solid Waste crew removed debris on 108t" Heights on S 248t" St, Kentview pump °'
Ave S and 80t" PI S. station on Frager Rd and Frager Rd pump U
• Water Vegetation crew mowed and line station on Frager Rd S, cleared vegetation c
trimmed at Armstrong Springs, Kent POD from boxes and structures at the GRNRA,
#3, East Hill shop, 208t" St well, 3.5 tank, mowed and line trimmed at Cedar Pointe
640 zone tank, Blue Boy tank, Clark on SE 253rd St, Westminster on SE 248t"
Springs, Summit reservoir, 108t" St well St, Janes Place on SE 237t" PI, The c
and 212t" treatment plant. Street Meadows on 116t" Ave SE, South Ridge U
Vegetation crews have mowed, line Bioswale, Nancy's Grove Bioswale on SE
trimmed and picked up litter along 64t" Ave 278t" St, Meridian Park Vista West on SE
S and sprayed Veteran's Dr beds. The 278t" St and South Ridge Bioswale on SE
Sidearm crew mowed on Benson Hwy, 282"d St, removed moss from easement at
104t" Ave SE, SE 272"d St, 108t" Ave SE, S Wildberry holding pond on 94t" Ct S and
252"d St, S 247t" St, 64t" Ave S, Riverview cleared structures and sprayed at the
Blvd, Pac Hwy, S 2281" St and Reith Rd and GRNRA on S 216t" St
small fencing repairs. The Wetland
Mitigation crew assembled irrigation
Page 8 of 9
Packet Pg. 12
5.B
Water: shops, scheduled and non-scheduled
• Staff are beginning the first Shops Inc maintenance and City Space write ups. The
construction project of the season. First up Radio Shop was programing radios and
is a 300-foot section of 8-inch water main setting up new vehicles.
on SE 229t" St at 108t" Ave SE. Training for
the implementation of a new data
management software program used to ###
collect and store water production and
water quality information used for state
and federal reporting is underway. The new
system will go live in May. An update to the
water system emergency response plan
continues to progress. a
Storm/Sewer: CO
• Storm crews were performing manhole
change outs on S 272nd St, 1015t Ave SE and SE 260t" St, potholing for utilities at
415 Railroad Ave S, pond maintenance on 0
147t" Ave SE, 124' Ave SE and SE 213t" E
Ct, dam maintenance in the Bridges °
development, line and catch basin installed
at 407 Railroad Ave S, made stop logs for a
the Briscoe Levy, cleaned for TV-ing on SE
217t" St, SE 227t" PI, 116t" Ave SE and
111t" Ave SE and bladed shoulders on a
132nd Ave SE. The crew have performed
National Pollutant Discharge Elimination )
L
System (NPDES) assessing on 3rd Ave S U
and 2nd Ave S and (NPEDS) pumping on 4t" o
Ave S. a,
• Sewer crews have replaced fan motors and
M
belts at the Horseshoe pump station, N
installed repaired generator at Union Pacific
pump station, TV'd for storm and sewer on E
SE 244t" St and continued TV inspections w
on the existing sewer and storm 2021 °'
overlays on 100t" Ave SE, SE 208t" St,
Jason Ave and James St. c
Fleet/Warehouse:
• The Warehouse crew continues to maintain
the shops yard keeping it clean and picked
up and maintaining the wash rack, c
assisting with CDL training, issuing U
personal protection equipment (PPE's),
issue hydrants and public notice boards to
contractors, repairing small equipment as
needed, receiving parts and inventory
orders and manually open and close broken
East Gate.
• Fleet crews were working on ordering new
vehicles, Spring prep for equipment, had
vehicles and equipment at various body
Page 9 of 9
Packet Pg. 13
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS H IN G70 IN
April 20, 2021
Date: April 20, 2021
Time: 5:22 p.m.
Place: THIS IS A REMOTE MEETING
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present o
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present 00
L
Satwinder Kaur Councilmember Present
Q.
Marli Larimer Councilmember Present a
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present a.
0
Dana Ralph Mayor Present c
LO
r
II. PRESENTATIONS `V
0
N
1 Quarterly Sound Transit Updates: Kelly Peterson 45 MIN. o
Federal Way Link Extension and the a
Downtown Garage Q
0
City of Kent Sound Transit Liaison, Kelly Peterson presented the quarterly
Sound Transit update for the Federal Way Link extension. Peterson reviewed
the permitting packages and noted nine of the permitting packages will be
issued soon. Peterson provided an update on the Kent-Des Moines Station
area and shared some drone photos to provide a better idea of how far the a
project has come.
a
Petersen discussed the Kent-Des Moines garage as well as the Midway
Landfill wall construction.
Petersen provided information on the Star Lake Station area and noted that
utility work is underway and clearing for the guideway has begun.
Economic and Community Development Deputy Director, Matt Gilbert
provided an update on the downtown Sounder garage. He reviewed the
timeline for this project and noted that it will provide for a 534 stall garage
and local bus, pedestrian and traffic improvements. He reviewed the pre-
pandemic demands and increased need for parking across the entire Sounder
system.
Packet Pg. 14
8.A.1
City Council Workshop Workshop Regular April 20, 2021
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Gilbert discussed Kent, Auburn and Sumner garage projects as well as the
budget and projected costs. The cost for Kent garage is about $21M over the
budgeted funding. Gilbert detailed possible cost saving measures to include a
reduced scope and standard garage design for all three locations.
There was a consensus among Councilmembers to get ahead of the issues
and advocate for the City to ensure the project scope is not reduced.
2 Kent Housing Options Plan Hayley Bonsteel 45 MIN.
Dawn Couch
Kaelene Nobis =
c
4-
Long Range Planning Manager, Hayley Bonsteel introduced Dawn Couch from °
Berk Consulting to present the Kent Manufactured Home Preservation Study o
and findings. Couch advised the purpose of the study was to improve the a
understanding of manufactured home parks (MHP's) in the community and a
the role they play in Kent's affordable housing options. Couch detailed
components of the study and spoke about the outreach that was conducted a
between December 2020 and March 2021. The stakeholders involved in theLO
o
outreach were MHP experts, owners and residents. There were
questionnaires for owners and residents as well as resident interviews. o
N
O
Couch reviewed the findings of the preservation study and noted that Kent L
has a very diverse set of housing and community types. In general, residents Q
report overall satisfaction with their park management and site conditions. o
The 26 MHP's in Kent were categorized into three groups, 7 of which were
identified as a priority for addressing park conditions. These issues range
from crowding of units, poor site maintenance to unsafe accessory
structures. Couch noted that higher rent in these communities are not a
predictor of park quality. MHP communities in Kent can be supported through
local regulations, tenant support services, and investments to site conditions.
Couch advised that a comprehensive map of the park locations in the City is a
available in the full report.
c
Councilmembers are interested to hear what can be done to preserve these
MHP communities and what the City can do to address any concerning park
conditions.
Meeting ended at 6:40 p.m.
Ki- lP.y A. KoTno-to-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 2 Packet Pg. 15
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS H IN G70 IN
April 20, 2021
Date: April 20, 2021
Time: 7:00 p.m.
Place: THIS IS A REMOTE MEETING
1. CALL TO ORDER
Mayor Ralph called the meeting to order.
2. ROLL CALL
4-
Attendee Name _JL Title Status Arrived 0
Dana Ralph Mayor Present >
Toni Troutner Council President Present °
a
Bill Boyce Councilmember Present �-
a
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present a.
Marli Larimer Councilmember Present o
0
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present c
N
3. AGENDA APPROVAL N
L
A. Move to approve the agenda as presented Q
0
RESULT: APPROVED [UNANIMOUS]
r
MOVER: Toni Troutner, Council President
c
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
c
4. PUBLIC COMMUNICATIONS
as
A. Public Recognition a
as
1. Proclamation for Hopelink Day
c
Mayor Ralph read the proclamation and declared April 21, 2021 as Hopelink
Day.
2. Appointments to the Kent Bicycle Advisory Board
Mayor Ralph provided the Council with an overview of her
recommendations for reappointment and new appointments to the Kent
Bicycle Advisory Board.
3. Appointment to the Human Services Commission
Mayor Ralph provided an overview of her recommendation on the
Packet Pg. 16
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
appointment of a member to the Human Services Commission.
B. Community Events
Council President Troutner noted a few events happening in the City.
Saturday April 24th from 10 a.m. - 2 p.m. the Kent Police Department will be
holding a drug take back event. Wednesday April 28th from 9 a.m. to 10:30
a.m. will be coffee with the Chief at the Great Wall Mall. Also, Wednesday
April 291", Council President Troutner will be the first Councilmember to hold
a new event - "Convos with the Council," from 7 - 8 p.m. This is a new series
in which small groups of residents are invited to speak with the
Councilmembers on a rotating basis.
C. Public Safety Report
4-
0
Chief Rafael Padilla provided Council with a public safety report. He noted
there was a protest in the City last Saturday and commended all involved for o
keeping it peaceful event. Chief Padilla introduced the new Officers to the a
Kent Police Department, Officer Adam Tanvas, Officer Arturo Aguirre, Officer a
Liam Bertolacci and Officer Clark Holloman. Chief Padilla recognized
Commander Chris Mills for his recent promotion. o
0
ti
Chief Padilla discussed the Kent Police Department Officer Applicant N
Breakdown report for the last year. This report shows applications from N
different demographics, comparing the City of Kent, Pacific Northwest and N
the State of Washington. He reviewed some enhancements to improve the a
application process and adjust applicant standards to make it more equitable. Q
He also noted that they are reviewing the process to see at what point the
BIPOC candidates are falling off and making adjustments where necessary. r
c
Chief Padilla highlighted upcoming training for the Kent Police Department as
it relates to race and equity.
Councilmember Boyce inquired about Kent Police Department partnering with
high schools and recruiting local young adults. Chief Padilla indicated that a
many connections have been halted due to the pandemic, but it is a priority
to continue that relationship.
Councilmember Fincher inquired about issues retaining officers who are a
part of the BIPOC community, not just with regards to those applying.
Councilmember Kaur requested information on applicant demographics from
3 and 5 years ago.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph celebrated the official openings of the 4th and Willis roundabout
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 7 Packet Pg. 17
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
and 228th street overpass and thanked the staff for their hard work.
Mayor Ralph serves on the Transportation Policy Board and noted that they
were able to award $53 million regional wide for transportation projects. The
increase was due to new allocations. Mayor Ralph indicated Kent was
awarded funds for two projects, the north segment of 76th Avenue South
project received $3,480,000 and the 218th/98th Avenue South project was
awarded just over $4.9 million. Mayor Ralph also noted that following this
meeting they started the PSRC Project Selection Task Force to help create
recommendations for project framework for the next funding cycle.
r
South County Area Transportation Board meeting was held to set the work
plan for the next year. -
B. Chief Administrative Officer's Report o
L
Chief Administrative Officer, Derek Matheson provided a brief update on the a
American Rescue Plan Committee and their continued work in reviewing lost a
revenue and guidance from the U.S. Treasury. a
0
Matheson indicated day two of the Council Retreat will be May 7th at Senior
Activity Center and a draft agenda should be available shortly after having N
met with all Councilmembers to determine topics of discussion. N
C. Councilmember's Reports N
L
Council President Troutner provided a recap of the evenings workshop which Q
covered a quarterly update on the Federal Way Link Extension, the downtown o
Sounder garage, the Kent Manufactured Home Preservation Study. r
c
Councilmember Michaud serves on the Kent Community Police Academy and
noted that there was a briefing from the Traffic Unit, Civil Disturbance Unit as
well as the Special Operations Unit.
a
a�
Councilmember Michaud sits on the Human Services Commission and they a
were provided an update on the funding process. She noted that staff is
reviewing the progress reports from quarter one and those who received
assistance.
Councilmember Boyce serves as the Vice Chair of Sound Cities Association
Public Issues Committee and noted at the last meeting they reviewed the
bills that are being discussed in Olympia.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
and at the last meeting they heard departmental reports.
Councilmember Fincher Chairs the King Conservation District and said they
have some changes lined up, and the search for a director has temporarily
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 7 Packet Pg. 18
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
been paused.
Councilmember Fincher serves on the Arts Commission and noted "Hope
Blooms" is the Kent Creates current theme.
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
Bryan Gilderoy, an employee of the local Fred Meyer spoke about his
disappointment in Council not taking action and increasing the wages of
grocery store workers for hazard pay. -
Lindsay Young, an employee of the local Fred Meyer spoke about the need o
for increased wages for hazard pay for all retail employees. a
a
Shajaira Lopez, a resident of Kent spoke about the hard work of the Kent
Police Department but noted that there has not been enough action taken a
0
over the course of the past year to serve with compassion.
S. CONSENT CALENDAR o
N
Approve Consent items A-L. N
L
Q
RESULT: APPROVED [UNANIMOUS] Q
MOVER: Toni Troutner, Council President °
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
A. Approval of Minutes
°
1. Council Workshop - Workshop Regular Meeting - Apr 6, 2021 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Apr 6, 2021 7:00 PM a
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Apr 13, 2021 4:00 PM c
B. Payment of Bills - Authorize
MOTION: Authorize the payment of bills received through
3/31/21 and paid on 3/31/21 and approve the checks issued
for payroll 3/1/21-3/15/21 and paid on 3/19/21, all audited
by the Committee of the Whole on 4/6/21.
C. Accept the South 228th St. Union Pacific Grade Separation
Ground Improvement and Embankments Project as Complete -
Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 7 Packet Pg. 19
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
MOTION: Authorize the Mayor to accept the South 228' Street
Union Pacific Grade Separation Ground Improvement and
Embankments Project as complete and release retainage to
Scarsella Bros., Inc. upon receipt of standard releases from the
State and the release of any liens.
D. Accept the Fuel Tank Replacement Project as Complete -
Authorize
MOTION: Authorize the Mayor to accept the Fuel Tank
Replacement Project as complete and release retainage to
Granite Petroleum, Inc. upon receipt of standard releases from
the State and the release of any liens.
E. Appointments to the Kent Bicycle Advisory Board - Confirm o
MOTION: Confirm reappointment of Mel Roberts, Julie Dunn, o
Daren Osborn and Joe Cimaomo for additional two-year a
appointments that will expire March 31, 2023. Confirm a
Stephanie Habu for vacant one-year appointment that will
expire March 31, 2022. Confirm Maria Castro and Erik Jacobs o
for vacant two-year appointments that will expire on March 31,
2023.
N
O
F. Appointment to Human Services Commission - Confirm N
0
MOTION: Confirm appointment of Kelly Guy to the Kent Human
Services Q
Commission for a three-year term that will end 12/31/2023. o
G. Consultant Services Agreement with EMG Inc, dba MENG
Analysis for Facilities Condition Assessment and Master Plan -
Authorize
a�
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with EMG Inc, dba MENG Analysis for FCA & Master
Plan contract, in the amount not to exceed $223,116.30,
subject to final terms and conditions acceptable to the Parks a
Director and City Attorney.
H. Resolution Regarding Council Bylaws, Rules and Procedures
Eliminating Committee of the Whole and Establishing Various
Committees, and Establishing Rules for Remote Attendance -
Adopt
MOTION: Adopt Resolution No. 2025, eliminating the
committee of the whole, establishing various standing
committees, establishing the rules relating to those standing
committees, establishing rules for remote attendance at council
meetings, and making other related and housekeeping
changes.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 7 Packet Pg. 20
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
I. Subscription Agreement with SPIDR Tech - Authorize
MOTION: Authorize the Mayor to sign a three-year Subscription
Agreement with SPIDR Tech, in an amount not to exceed
$107,417, to obtain access to SPIDR Tech's notification system
to serve victims and persons who report crime, subject to final
terms and conditions acceptable to the Police Chief and City
Attorney.
J. Ordinance Amending Title 6 of the Kent City Code Relating to
Street Banner Provisions - Adopt
r
MOTION: Adopt Ordinance No. 4401, amending Title 6 of the
Kent City Code by adopting a new chapter 6.17 establishing
standards for street banners, pole banners and electronic o
messaging center signs, and also amending the provisions
within Kent City Code 15.06.060 referencing banners. a
L
Q
K. Vision/Mission/Goals/Values Update - Resolution - Adopt a
MOTION: Adopt Resolution No. 2024, updating the city's vision, a
mission, goals, and values. o
L. LTAC Grant to the City of Kent Economic and Community
Development for Contract with JayRay for Tourism Promotion N
Campaign, Visit Kent - Authorize o
N
L
9. OTHER BUSINESS Q
None. °
a�
r
10. BIDS =
A. South 212th Street Preservation - 72nd Avenue South to 84th
Avenue South (East Valley Highway) Bid - Award
°
Public Works Director Chad Bieren reviewed the bid for the South 212th
a�
Street Preservation - 72nd Avenue South to 84th Avenue South (East Valley a
Highway) project and recommended Council award the project to Lakeside
Industries Inc.
MOTION: Award the South 2121" Street Preservation - 72nd
c
Avenue South to 841" Avenue South (East Valley Highway)
Project Bid to Lakeside Industries, Inc. in the amount of
$1,859,868.10 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 7 Packet Pg. 21
8.A.2
Kent City Council City Council Regular Meeting April 20, 2021
Minutes Kent, Washington
RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
4-
0
Meeting ended at 8:03 p.m.
0
L
Q
K14�ley A. Kom oto- Q
City Clerk
IL
0
0
ti
N
0
N
0
N
L
Q
Q
C�
C
V
Q
V
V
a
r
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 7 of 7 Packet Pg. 22
8.A.3
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WASHINaTON
Regular Meeting
Minutes
April 27, 2021
Date: April 27, 2021
Time: 4:02 p.m.
Place: THIS IS A REMOTE MEETING
N
d
1. CALL TO ORDER
c
2. ROLL CALL -
Council President Troutner called the meeting to order. o
Attendee Name _[Title _ Status Arrived
Q.
Toni Troutner Council President Present a
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present a.
0
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present r
Zandria Michaud Councilmember Present N
Les Thomas Councilmember Present ti
Dana Ralph Mayor Present `V L
Q
a
3. AGENDA APPROVAL o
as
4. DEPARTMENT PRESENTATIONS
A. Payment of Bills - Authorize
a�
MOTION: Authorize the payment of bills received through
4/15/21 and paid on 4/15/21 and approve the checks issued �.
for payroll for 4/1//21 - 4/15/21 and paid on 4/20/21, all
audited by the Committee of the Whole on 4/27/21. a
as
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/4/2021
7:00 PM
B. 2020 Fourth Quarter and 2021 First Quarter Fee In Lieu Funds -
Accept
Parks Planning and Development Manager, Terry Jungman presented the
2020 fourth quarter and 2021 first quarter fee in lieu funds. He
recommended Council amend the Community Parks Reinvestment Program
budget and authorize the future expenditure of these funds for capital
improvements at Springwood, Park Orchard, and Clark Lake Parks.
Packet Pg. 23
8.A.3
Kent City Council - Committee of the Whole April 27, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
MOTION: Authorize the Mayor to accept $41,272.50 of fee-in-
lieu funds, amend the Community Parks Reinvestment Program
budget, and authorize the future expenditure of these funds for
capital improvements at Springwood, Park Orchard, and Clark
Lake Parks.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/4/2021
7:00 PM
C. Consultant Services Agreement with Berger Partnership for
2022 Park and Open Space Plan - Authorize
Parks Planning Manager, Terry Jungman presented to Council a Consultant o
Services Agreement with Berger Partnership for the 2022 - 2027 Park and
Open Space Plan that will establish a long-term vision for future capital P
L
planning and development for the overall park system and must be updated a
every six years in order to qualify for certain grants for park acquisition and
development funding. The last Park Plan update was adopted in June 2016.
a
0
IR
Major components include establishing overall goals and objectives, updating
inventory, GIS mapping and data, and a robust public engagement effort N
with a statistically valid data survey. N
N
Jungman indicated that the planning process for the next update, which will a
include multiple opportunities for public participation, is anticipated to take Q
about a year to complete. He noted The Berger Partnership was selected
through a highly competitive Request For Qualifications.
c
The process will include an inventory phase through the summer,
engagement during the second half of 2021 and adoption of the Plan in early
2022. 2
a
a�
The Plan guides all capital improvements over 6 years and strategizes how to a
expand capital program with other funding sources.
r
The 2022 plan will include story maps through GIS online with an interactive
platform around project priorities, capital investments, etc.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Berger Partnership, in the amount of
$234,150.50, for the 2022-2027 Park and Open Space Plan,
subject to final terms and conditions acceptable to the Parks
Director and City Attorney.
................................................................................................................................................................................................................. ..............................................
Page 2 of 5 Packet Pg. 24
8.A.3
Kent City Council - Committee of the Whole April 27, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/4/2021
7:00 PM
D. Easement to Lake Meridian Water District for New Well at Sun
Meadows Park - Authorize
Parks Planning Manager, Terry Jungman presented Council information on
the easement to Lake Meridian Water District for a new well at Sun Meadows
Park. He started by providing history of the park, that was annexed into the
City back in 1996, and the park property was formally conveyed from King
County to the City of Kent in 1999. At that time, Water District #111, now
known as Lake Meridian Water District, owned and operated a municipal 4-
water well in addition to a water treatment building on the property. °
0
Jungman indicated that multiple improvements are required on this site a
including the drilling of a new well. The easement will provide for access a
during drilling and construction as well as access for improvements to the 15
treatment building necessary to maintain the safety and service of the water a
supply. As compensation for the granting of the easements, the City will
receive $45,000 from the water district, which will be used for improvements
to Sun Meadows Park. o
N
Jungman advised that future park improvements will include: L
• A Public engagement process to discuss park needs Q
• Concept plan that includes a loop walking path, 2 pickleball courts, half-court o
basketball, sand volleyball court and additional trees and landscape r
enhancements.
c
Planning/Design will take place in 2022 with construction anticipated in 2023.
c
Councilmembers expressed a desire to have a basketball hoop and
hopscotch/4-square amenities installed in the near future rather than waiting
until 2023. a
a�
MOTION: Authorize the Mayor to accept $45,000 from the Lake
Meridian Water District, and in exchange, authorize the Mayor
to sign all necessary documents to grant the water district a
permanent easement over property included within Sun
Meadows Park to allow the water district to continue to
maintain and operate its existing well, to drill and construct a
second well and associated infrastructure, and to continue
maintenance and operation of its facilities on the park
property, subject to final terms and conditions acceptable to
the Parks Director and City Attorney, and amend the budget to
authorize the expenditure of funds received from the water
district for capital improvements at Sun Meadows Park.
................................................................................................................................................................................................................. ..............................................
Page 3 of 5 Packet Pg. 25
8.A.3
Kent City Council - Committee of the Whole April 27, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/4/2021
7:00 PM
E. Mendel Property Acquisition - Authorize
Parks Planning Manager, Terry Jungman presented information the Mendel
property acquisition. He noted that this property is located at 10028
Southeast 267th Street in the Scenic Hill neighborhood of Kent. The purchase
price of this property is $900,000 plus closing costs.
a�
r
Jungman reviewed the prior Ransom property purchase that was used for the
replacement property for the YMCA and detailed how it will help provide 4-
space the City wants for the trailhead at the south end. The property is flat, °
forested and has access to 267th Street. o
L
Q
Jungman advised of the secured funding for the purchase with parks capital a
and advised that staff will continue the process of applying for RCO local
parks grants in 2022/2024 for reimbursement of the remaining $450K. a
0
0
Jungman discussed the open space goals for Mill Creek Canyon Park and
provided a reminder on passive use spaces in the City and why Canyon is so N
critical for so many residents and discussed the importance of connection at
the south end of Canyon. L
a
MOTION: Authorize the Mayor to take all action necessary and Q
sign all documents to purchase the Mendel property, located at
10028 S.E. 267th Street in the City of Kent, for $900,000, plus
closing costs, and subject to final purchase terms and =
conditions acceptable to the Parks Director and City Attorney.
a�
RES LTU RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/4/2021
7:00 PM
a
S. EXECUTIVE SESSION r
A. To review the performance of a public employee as per RCW
42.30.110(1)(g)
Council retreated into executive session at 4:44 p.m. expected to last 15
minutes.
At 4:56 p.m. the council reconvened into the regular meeting.
6. ADJOURNMENT
Council President Troutner adjourned the meeting.
Meeting ended at 4:55 p.m.
................................................................................................................................................................................................................. ..............................................
Page 4 of 5 Packet Pg. 26
8.A.3
Kent City Council - Committee of the Whole April 27, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Y,wn Leery A K" oto-
City Clerk
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Page 5 of 5 Packet Pg. 27
8.B
•
KENT
W A 3 M I N G T O N
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: Payment of Bills - Authorize
MOTION: Authorize the payment of bills received through 4/15/21 and
paid on 4/15/21 and approve the checks issued for payroll for 4/1//21 -
4/15/21 and paid on 4/20/21, all audited by the Committee of the Whole
on 4/27/21.
SUMMARY:
Approval of payment of the bills received through----- 04/15/21
and paid 04/15/21
Approval of checks issued for Vouchers:
Date Document Numbers Amount
04/15/21 Wire Transfers 8705 8726 $2,895,374.27
04/15/21 Regular Checks 752356 752728 $4,509,454.17
04/15/21 Payment Plus 103124 103181 $248,686.88
Void Checks $0.00
04/15/21 Use Tax Payable $5,819.89
$7,659,335.21
Approval of checks issued for Payroll: 4/1/21-4/15/21
and paid 4/20/2021
Date Document Numbers Amount
4/20/2021 Checks
Voids and Reissues
4/20/2021 Advices FR&P 463134 463143 $7,112.02
4/20/2021 $1,852,269.63
$1,859,381.65
Packet Pg. 28
8.B
BUDGET IMPACT: None.
04/27/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 5/4/2021 7:00 PM
Packet Pg. 29
8.0
40
KENT
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: Excused Absence for Council President Troutner - Approve
MOTION: Approve an excused absence for Council President Troutner for
the meeting of May 4, 2021.
SUMMARY: Council President Troutner is unable to attend the City Council meeting
of May 4, 2021 and has requested an excused absence.
Packet Pg. 30
8.D
•
KENT
W A S M I N G T O N
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: 2020 Fourth Quarter and 2021 First Quarter Fee In Lieu
Funds - Accept
MOTION: Authorize the Mayor to accept $41,272.50 of fee-in-lieu funds,
amend the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these funds for capital improvements at
Springwood, Park Orchard, and Clark Lake Parks.
SUMMARY: Between October 1, 2020, and March 31, 2021, the City of Kent
received a total of $41,272.50 from the following developers, who voluntarily paid a
fee in lieu of dedicating park land to mitigate the development of homes in local
subdivisions. These funds will be held in a reserve account for capital improvements
at the following parks and must be expended within five years:
Mainvue WA LLC: subdivision into 9 lots at 26706 132nd Avenue SE; $19,200
at Springwood Park
Balwinder Singh: subdivision into 3 lots at 27458 108th Avenue SE; $8,175
at Springwood Park
Uriel Maldonado: subdivision into 3 lots at 12913 SE 218th Place; $7,200 at
Park Orchard Park
JSTS Kent LLC: subdivision into 2 lots at 13867 SE 240th Street; $6,697.50
at Clark Lake Park
BUDGET IMPACT: Revenue and expense impact to Community Parks
Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
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.
Packet Pg. 31
8.D
ATTACHMENTS:
1. Fee In Lieu Q4-2020,Q1-2021-EXHIBIT (PDF)
04/27/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 5/4/2021 7:00 PM
Packet Pg. 32
R55GA014 Search GL by Account Number 4/1/2021 8•D.a
GL Dates: 10/1/2020 - 3/31/2021 Page: 1
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Acount Number Subledger GL Date Doc# Batch# Amount PO# Ref 2 Description Vendor or Customer PC LT R/V
P20006.56730 12/4/2020 JK 198121 548125 (19,200.00) 20124284 96283 Mainvue Wa Homes P AA to
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P20006.56730 3/8/2021 JK 199695 556370 (8,175.00) 2210475 124845 Singh,Balwinder AA CY
P20006.56730 3/23/2021 JK 199937 557473 (7,200.00) 2203581 128701 Uriel Maldomoado AA i
P20006.56730 3/25/2021 JK 199972 557637 (6,697.50) 2210148 129137 Jsts Kent Llc AA LL
Account Total (41,272.50) j
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8.D.a
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Packet Pg. 34
8.D.a
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Date:4/1/2021 King County
Packet Pg. 35
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Date:4/13/2021 King County
Packet Pg. 36
8.D.a
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Date:4/13/2021 King County
Packet Pg. 37
8.E
•
KENT
W A S M I N G T O N
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Berger Partnership for
2022 Park and Open Space Plan - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Berger Partnership, in the amount of $234,150.50, for the 2022-2027
Park and Open Space Plan, subject to final terms and conditions acceptable
to the Parks Director and City Attorney.
SUMMARY: The Parks and Open Space Plan establishes a long-term vision for
future capital planning and development for the overall park system. Additionally,
the city must update its Parks and Open Space Plan every six years in order to
continue to qualify for Washington Recreation and Conservation Office grants for
park acquisition and development funding. The last Park Plan update was adopted
in June 2016.
The planning process for the next update, which will include multiple opportunities
for public participation, is anticipated to take about a year to complete.
The Berger Partnership was selected through a highly competitive Request For
Qualifications.
BUDGET IMPACT: Expense impact to the Parks Planning Administration capital
budget.
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.
Packet Pg. 38
8.E
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Berger Agmt for P&OS Plan-EXHIBIT (PDF)
04/27/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 5/4/2021 7:00 PM
Packet Pg. 39
8.E.a
KEN T
W A S H I N G T O n
CONSULTANT SERVICES AGREEMENT o
between the City of Kent and
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The Berger Partnership, PS a
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THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter '24
the "City"), and The Berger Partnership, PS organized under the laws of the State of Washington, located o
and doing business at 1927 Post Alley, Suite 2, Seattle, WA 98101 (hereinafter the "Consultant"). a
I. DESCRIPTION OF WORK.
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The Consultant shall perform the following services for the City in accordance with the following a
described plans and/or specifications:
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As described in the attached Exhibit A, incorporated herein, consultant shall assist with the
2022 Park and Open Space Plan update. Update shall be consistent with the city's 3
Comprehensive Plan and compliant with RCW and WAC requirements.
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the N
work described in Section I by TBD TBD. c
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$234,150.50, for the services described in this Agreement. This is the maximum amount to ~
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be paid under this Agreement for the work described in Section I above, and shall not be =
exceeded without the prior written authorization of the City in the form of a negotiated and w
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) a
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing O
rates shall be as delineated in Exhibit A. 06
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a 0
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any a
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every an
effort to settle the disputed portion.
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C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an E
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 40
8.E.a
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in p
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement. a
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B. The Consultant maintains and pays for its own place of business from which the N
Consultant's services under this Agreement will be performed. ,o
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C. The Consultant has an established and independent business that is eligible for a N
business deduction for federal income tax purposes that existed before the City (LD
retained the Consultant's services, or the Consultant is engaged in an independently r--
established trade, occupation, profession, or business of the same nature as that a
involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax m
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue. 3
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E. The Consultant has registered its business and established an account with the state E
Department of Revenue and other state agencies as may be required by the a
Consultant's business, and has obtained a Unified Business Identifier (UBI) number a
from the State of Washington. v,
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of u)
this Agreement. After termination, the City may take possession of all records and data within the v
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal00
exposure to the Consultant. N
VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure m
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, _
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or w
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their a
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing O
state or national declarations of emergency, or any current social distancing restrictions or personal oa
protective equipment requirements that may be required under federal, state, or local law in response to a
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If any future performance is prevented or delayed by a force majeure event, the party whose a
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in m
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City r
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any Q
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 41
8.E.a
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the p
project site during the force majeure event. The cost to restart, change, or secure the work or project site c
arising from a direction by the City under this clause will be dealt with as a change order, except to the 0
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be a
borne by the Consultant. N
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VII. DISCRIMINATION. In the hiring of employees for the performance of work under this ,o
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the a
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national N
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who c
is qualified and available to perform the work to which the employment relates. The Consultant shall execute -
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative a
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, m
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's 3
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. E
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be a
grounds to avoid any of these covenants of indemnification. v,
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Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property u)
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, E-
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, =
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's 0)
negligence. 0
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION00
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL N
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. op
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was w
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then a
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and O
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal 06
on the Consultant's part. a
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The provisions of this section shall survive the expiration or termination of this Agreement. E
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IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. T
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable c
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under E
this Agreement. z
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XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, Q
designs, reports, or any other records developed or created under this Agreement shall belong to and
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 42
8.E.a
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The p
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by c
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor CC44
with the authority to control and direct the performance and details of the work authorized under this N
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of ,o
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall a
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work. °f
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XIV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
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contractors and consultants to use recycled and recyclable products whenever practicable. A price E
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the N
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect. cn
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and +°
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any U
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means o
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in00
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the N
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or m
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's x
right to indemnification under Section VIII of this Agreement. w
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written O
notice hereunder shall become effective three (3) business days after the date of mailing by registered or oa
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this a
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Agreement or such other address as may be hereafter specified in writing. .°
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E. Assignment. Any assignment of this Agreement by either party without the written consent
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of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, L
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the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement m
shall be binding unless in writing and signed by a duly authorized representative of the City and the z
Consultant. o
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CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 43
8.E.a
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this a
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any O
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's a-
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of ccc,
the performance of those operations. N
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to 0.
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, N
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the t
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties a
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, m
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. 3
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any E
number of counterparts, each of which shall constitute an original, and all of which will together constitute a
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page a
to the other by fax or email and that signature shall have the same force and effect as if the Agreement v,
bearing the original signature was received in person.
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 44
8.E.a
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied. a
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CONSULTANT: CITY OF KENT:
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By: By: o
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Print Name: Print Name: Dana Ralph ,o
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Its Its Mayor N
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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CONSULTANT: CITY OF KENT: w
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Greg Brower Kerry O'Connor
The Berger Partnership City of Kent E
1927 Post Alley, Ste 2 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032 Q
206-325-6877 (telephone) (253) 856-5115 (telephone)
gregb@bergerpartnership.com koconnor@kentwa.gov m
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APPROVED AS TO FORM:
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Kent Law Department 00
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ATTEST:
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Kent City Clerk M
P:\Planning\_All Park Plans\2022 Update\Berger-2022 Park Plan-CONTRACT d
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 45
8.E.a
DECLARATION
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CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY a
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The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. Y
As such all contractors, subcontractors and suppliers who perform work with relation to this a
Agreement shall comply with the regulations of the City's equal employment opportunity policies. N
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The following questions specifically identify the requirements the City deems necessary for any ,o
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative .2-
response is required on all of the following questions for this Agreement to be valid and binding. i
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement; L
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The questions are as follows: m
1. I have read the attached City of Kent administrative policy number 1.2. 3
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, E
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement the prime contractor will provide a written statement to 2
all new employees and subcontractors indicating commitment as an equal opportunity .2
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth 00
above.
By signing below, I agree to fulfill the five requirements referenced above. 00
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EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 46
8.E.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
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SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 ,0
CONTRACTORS APPROVED BY Jim White, Mayor .2-
POLICY: c
Equal employment opportunity requirements for the City of Kent will conform to federal and state a
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City m
amounting to $10,000 or more within any given year, must take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer. E
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2. Actively consider for promotion and advancement available minorities and women. a
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments. 0
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 00
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. x
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EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 47
8.E.a
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
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This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Y
Agreement. a
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I, the undersigned, a duly represented agent of ,o
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Company, hereby acknowledge and declare that the before-mentioned company was the prime
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contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of a
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Kent. a+
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I declare that I complied fully with all of the requirements and obligations as outlined in the City
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of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity E
Policy that was part of the before-mentioned Agreement. a
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 48
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PARTNERSHIP berger Q
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4.01.21 M
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Terry Jungman N
Park Planning and Development Manager `o
Parks, Recreation &Community Services Q.
City of Kent E
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220 Fourth Avenue South
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Kent, WA 98022
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Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
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Plan Update
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Dear Terry: 3
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We are pleased to have been selected to assist the City of Kent Parks Department with E
the update of the Park and Open Space Plan. The plan update will be consistent with L
Kent's Comprehensive Plan and will comply with the RCW and WAC requirements as a
well as CAPRA.
Completion of the scope of work outlined in this proposal will require the input and
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collaboration of a team of consultants, each with their own area of expertise. The
project team includes PROS Consulting, Herrera, and DA Hogan (on call).
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This proposal is organized around the required sections of the park plan, outlining the v
scope of work by subject area, and provides estimated fees.
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Goals and Objectives
In collaboration with the Parks Department, and with input from the Parks Commission
and the residents of Kent, the goals from the 2016 Plan will be reviewed and updated to
reflect current community priorities and fiscal realities. w
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• Review established goals. co
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• Revise/update goals as necessary with input from the Parks Commission and 0
the public. a
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• Test goals with needs assessment and public input.
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Deliverables:
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• Updated list of goals and policies
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Landscape Architecture Berger Partnership Ps 206 325 6877
Urban Desi n 1927 Post Alley,Ste.2 bergerpartnership.com
g Seattle,WA 98101
Packet Pg. 49
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4.01.21 PARTNERSHIP 0
Terry Jungman a rge r
City of Kent Parks to
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
Plan Update d
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Inventory `o
• Review park and facilities inventory, beginning with existing park condition a
reports. n
• Update/establish evaluation criteria based on quality and condition.
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• Compile information and data from Park Operations and existing facilities and a
condition. as
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• Site visits: One tour of parks as key examples, new acquisition, or recent m
improvements with Parks Planning and Operations staff to calibrate
assessments. 3
• GIS Data Management with emphasis on producing and delivering maps and
data from City Geodatabase.
• GIS Analysis and Mapping to provide a planning framework. a
• Mapping and P&OS StoryMap Support for community engagement and the
final P&OS plan.
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Deliverables: r
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• List of park facilities and associated metrics `°
• Inventory notes and photos c
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• Spatial datasets and related information that is compatible with the City P&OS �?
asset geodatabase
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• Three "heat maps" in PDF and as interactive web maps on the Herrera ArcGIS
Online portal
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• Brief technical memo documenting the methodology and decision-making =
process used to produce the maps w
• Up to eight PDF maps and two interactive web maps to support community o
engagement a.
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• Up to sixteen PDF maps to support the final P&OS plan
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• ArcGIS Online StoryMap transferred to the City ArcGIS Online Account `o
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Public Involvement E
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• Public Engagement Plan (PEP) for outreach with equitable distribution and Q
targeted outreach for two purposes: (1) Identify emerging issues and
challenges; (2) Align the community and the Department. m
• Key Leadership/Focus Group Interviews: 8-10 virtual focus group and key
leadership interviews to gain an understanding of community values and E
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priority for recreation programming and service needs. U
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8.E.a
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4.01.21 PARTNERSHIP O
Terry Jungman a rge r
City of Kent Parks to
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
Plan Update d
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• Virtual Forums/Workshops: Conduct virtual public meetings for community1.`o
participation and engagement. Two public forums to introduce the project and Q.
goals, and a briefing and input opportunity. E
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• Community Needs Electronic Survey to maximize outreach and response rates
to inform strategy for programs, services, facility components, usages, and a
pricing.
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• Perform Statistically Valid Needs Analysis Survey.
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Deliverables:
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• Public Engagement Plan (PEP)
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• Focus group questions E
Virtual public forum agendas, notes, and
• p 9 summary
Community needs survey and summary N
• Statistically Valid Needs Analysis Survey
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Demand and Need Analysis r
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This will be based on data provided by the city including current and projected
demographic data, park use data, and will involve a discussion on current and
projected park and recreational needs of the community. v
• Athletic Field Capacity Study to document carrying capacity of current assets, 00
number of events, and make recommendations to maximize use.
• Level of Service (Recreation Value) Model to reflect changes and anticipation of ~
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future system change: X
o Information based and reflecting indicators of success.
o Parkland gap/deficiency analysis (acquisition strategy).
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o Open Space Value. ro
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• Strategic Action Plan to outline strategies, actions, responsibilities, a
priorities/timelines, and teams. �o
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Deliverables: a
• Level of Service (Recreation Value) Models d
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• Athletic Field Capacity Study m
• Strategic Action Plan
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4.01.21 PARTNERSHIP O
Terry Jungman a rge r
City of Kent Parks to
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
Plan Update d
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Capital Improvement Program `o
Sources of funding provided by Parks. a
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• Include Funding Plan, prepared by the Department including analysis of
department financial situation and development of strategies and alternatives.
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• Review Operations and Maintenance and develop a Planning Tool to inform
future budgets.
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Deliverables:
• Funding Plan (Inclusion of plan provided by the Department)
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Operation and Maintenance Review E
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Plan Adoption
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• Adoption process administered by Parks with support provided by Berger.
• Provide exhibits and documents to support presentation.
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• Assist with response to questions and clarification documents and graphics. cn
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Deliverables:
• SEPA non-project checklist c
Presentation exhibits v
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Project Administration and Park Plan Preparation N
We will provide services for the compilation and editing of the park plan. This includes
draft stages as well as the final plan that can be submitted to RCO. We will be
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responsible for assembling content we prepare as well as content provided by the city. X
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We will also lead the graphic presentation with guidance from Parks.
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Drafts will be submitted to the city for review and input. Drafts will be provided at 25%, co
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50%, 75%, and 90%complete with the 50%draft submitted to RCO for review. a
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• Coordination of consultant team,work progress, and communication. r
• Develop and maintain schedule. a
• Schedule meetings for city coordination and team coordination and
develop/coordinate agendas. Web-based project meetings with Park Staff (two
per month for sixteen months).
• Prepare meeting minutes, track action items, and assign/manage 4)
responsibilities. z
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4.01.21 PAR T N E R S H I P Q
TerryJungman � bergerCity of Kent Parks R
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022 Y
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Plan Update d
Page 5 of 7 N
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• Conduct topic-specific meetings with team members. o
• Attend stakeholder briefings/meetings. a
• Establish/create plan appearance and graphic strategy.
• Develop graphic content for communication materials and online open
house/webpage. a-
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• Coordinate and organize plan content. Arrange content to best convey the a�
desired message. m
• Prepare written and graphic content of the plan for editing and review.
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• Provide editing and proofreading.
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• Provide plan drafts at 25%, 50%, 75%, and 90%complete. E
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• Comment response and revisions for each draft.
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• Administer quality control and review of drafts and final plan. Q
• Provide final plan in digital format.
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Deliverables:
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• Schedule
• Meeting agendas and meeting notes
• 25% complete draft plan v
• 50% complete draft park plan update (for submittal to RCO)
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• 75%complete draft plan
• 90%complete draft plan ~
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• 100%complete final plan =
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Optional Services Y-
• CAPRA Review to gauge Kent Parks perceived completion of all CAPRA a
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standards. 0
• Athletic facility assessment and condition analysis and input. a
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Assumptions E
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The following assumptions were made during the preparation of this proposal: Q
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• City Parks Map will be provided, GIS format. m
• Parks GIS database coordinated access.
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Park data, size, classification, asset inventory will be provided. E
• Demographics and population data will be provided. U
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4.01.21 PARTNERSHIP Q
Terry Jungman a rge r
City of Kent Parks to
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
Plan Update d
Page 6 of 7 N
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• Parks and Facilities Condition Report will be provided when available. `o
• A detailed schedule will be provided at a later date,with the assumption that Q-
the process is complete July 2022. L
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• The plan will be submitted to RCO for review at the draft stage. Submittal of the
final plan will be the responsibility of the Parks Department. a
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Fees
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Based on the scope of services identified at this time, we have established the following
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fee for landscape architectural services. Fees will be billed monthly based upon the 3
percentage of work completed.
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Berger Partnership $109,390.00
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Subconsultants Q
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PROS Consulting $78,200.00
Herrera $28,855.00
Mark-up (10%) $10,705.50 Cn
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Subconsultants Subtotal $117,760.50
Total $227,150.50 u3i
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Reimbursable Expenses $7,000.00 t�
Project Total $234,150.50 00
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Optional Services H
CAPRA Review $6,314.00 m
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DA Hogan (as needed) TBD w
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Services beyond those noted in this proposal will be billed as additional services on an a
hourly basis as follows, or lump sum fees can be negotiated: O
Principal $210.00 per hour a
Associate $165.00 per hour °
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Project Manager $135.00 per hour E
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Landscape Designer $110.00 per hour Q
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Administrative Staff $95.00 per hour
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Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable
expenses will be billed in addition to the above fees at cost plus a 10%administrative
mark-up.All accounts are due in ten days. Invoices not paid within 30 days of invoice
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4.01.21 PARTNERSHIP O
Terry Jungman a rge r
City of Kent Parks to
Proposal for Landscape Architectural Services—City of Kent Parks and Open Space 2022
Plan Update d
Page 7 of 7 N
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date will be subject to late charges of 1% per month. If payment for services is not `o
received within 90 days of the invoice date, all subsequent services and/or issuance of Q.
documents may be postponed until receipt of payment, unless special arrangements E
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are made prior to providing the services.
Fees may be subject to renegotiation if the proposal is not accepted within 90 days. If a
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the duration of the contract exceeds one year, hourly rates may be subject to annual a�
adjustments at the anniversary date of the contract. m
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If you have any questions or wish to make any changes please do not hesitate to 3
contact us. We look forward to assisting the Parks Department with the update of the
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City of Kent Park and Open Space Plan. E
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Sincerely, a
Berger Partnership PS
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Greg Brower N
Principal c
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Enclosures: 00
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Kent Approach and Fees (PROS) 210326
Kent P&OS Herrera DRAFT SOW 20210319; m
Kent_P&OS_Herrera_DRAFT_Budget_20210319 X
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EXHIBIT B
INSURANCE REQUIREMENTS FOR °
CONSULTANT SERVICES AGREEMENTS
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Insurance a
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The Contractor shall procure and maintain for the duration of the Agreement, N
insurance against claims for injuries to persons or damage to property which ,o
may arise from or in connection with the performance of the work hereunder a
by the Contractor, their agents, representatives, employees or N
subcontractors.
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A. Minimum Scope of Insurance a
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Contractor shall obtain insurance of the types described below:
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1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written 3
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If E
necessary, the policy shall be endorsed to provide
contractual liability coverage. a
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement 0
ISO form CG 25 03 11 85 or a substitute endorsement
providing equivalent coverage. The City shall be named as
an insured under the Contractor's Commercial General N
Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20 m
10 11 85 or a substitute endorsement providing equivalent
coverage. w
3. Workers' Compensation coverage as required by the a.
Industrial Insurance laws of the State of Washington. o
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4. Professional Liability insurance appropriate to the a
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Consultant's profession. ,0
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B. Minimum Amounts of Insurance a
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Contractor shall maintain the following insurance limits:
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EXHIBIT B (Continued) Q
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1. Automobile Liability insurance with a minimum combined Y
single limit for bodily injury and property damage of a
$1,000,000 per accident. N
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2. Commercial General Liability insurance shall be written with N
limits no less than $1,000,000 each occurrence, $2,000,000 .°
general aggregate and a $1,000,000 products-completed .2-
operations aggregate limit. i
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3. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy a
aggregate limit.
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C. Other Insurance Provisions 0°
The insurance policies are to contain, or be endorsed to contain, the following 3
provisions for Automobile Liability and Commercial General Liability
insurance: E
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1. The Contractor's insurance coverage shall be primary insurance as respect a
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City. 0
3. The City of Kent shall be named as an additional insured on all policies00
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The m
City reserves the right to receive a certified copy of all required insurance =
policies. The Contractor's Commercial General Liability insurance shall w
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with a.
respects to the limits of the insurer's liability. o
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D. Acceptability of Insurers a
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Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII. a
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E. Verification of Coverage m
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the E
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EXHIBIT B (Continued ) Q
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additional insured endorsement, evidencing the insurance requirements of Y
the Contractor before commencement of the work. v
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F. Subcontractors N
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Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor. a
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8.F
40
KENT
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: Easement to Lake Meridian Water District for New Well at
Sun Meadows Park - Authorize
MOTION: Authorize the Mayor to accept $45,000 from the Lake Meridian
Water District, and in exchange, authorize the Mayor to sign all necessary
documents to grant the water district a permanent easement over property
included within Sun Meadows Park to allow the water district to continue
to maintain and operate its existing well, to drill and construct a second
well and associated infrastructure, and to continue maintenance and
operation of its facilities on the park property, subject to final terms and
conditions acceptable to the Parks Director and City Attorney, and amend
the budget to authorize the expenditure of funds received from the water
district for capital improvements at Sun Meadows Park.
SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated
King County. The City of Kent annexed the area in 1996, and the park property was
formally conveyed from King County to the City of Kent in 1999. At the time of
conveyance, Water District #111, now legally known as Lake Meridian Water
District, owned and operated a municipal water well identified as Well #6 and a
water treatment building on the park property, which were and continue to be an
integral part of the water utility's service infrastructure.
Well #6 is failing, and the water district requires a new well to be drilled as well as
improvements to the water treatment building in order to maintain a safe, adequate
water supply. This easement grants temporary access to Lake Meridian Water
District for drilling, installing, and constructing a new well, well house, and
connecting lines to the existing well, and permanent access for the purposes of
operating and maintaining both new and existing wells, connecting lines, and
treatment building. Access for improvements to the treatment building necessary to
maintain the safety and service of the water supply is also incorporated in this
easement.
As compensation for providing these easements, the City will receive $45,000 from
the water district, which will be used for improvements to Sun Meadows Park to be
incorporated into a future parks capital project. The proposed easements have been
incorporated into a park site plan so that future improvements will not conflict with
the granted easements.
Packet Pg. 59
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BUDGET IMPACT: $45,000 Revenue impact to Sun Meadows capital project
budget.
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.
ATTACHMENTS:
1. Sun Meadows Easement for Water District-EXHIBIT (PDF)
04/27/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 5/4/2021 7:00 PM
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EASEMENT AGREEMENT AND -°a
DECLARATION OF PROTECTIVE COVENANTS
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THIS EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE cn
COVENANTS (this "Agreement"), made and entered into effective as of the later of the
signature dates below (the "Effective Date"), is by and between the CITY OF KENT, a
Washington municipal corporation(herein"City" or"Grantor") and LAKE MERIDIAN 3
WATER DISTRICT, a Washington special purpose municipal corporation (herein"District" or Z
"Grantee") (individually a"Party" and collectively the "Parties"). `o
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RECITALS:
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A. City is successor-in-interest to King County, Washington(the "County") as owner 2
of the real property commonly known as Sun Meadows Park and legally described on Exhibit A
attached hereto (the "Property").
B. Pursuant to Title 57 RCW, District supplies potable water to customers within its
boundaries through a public water system. District's public water system is comprised of source Y
wells, storage and treatment facilities, and distribution mains. J
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C. Pursuant to Permit Number FS-14-85 issued on May 17, 1985 (the "Permit"),
including its Terms and Conditions, Special Provisions, and Declaration of Covenant Running E
With the Land, the County authorized District (f/k/a"King County Water District No. I I I")to
construct, operate, and maintain a well for public water supply on the Property. By its express w
terms, the Permit expired automatically after five (5)years, unless renewed, and the Parties have
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identified no agreements renewing the Permit. to
D. In accordance with the Permit, District constructed a well ("Well#6"), connecting m
pipelines, and a water treatment facility (the "Treatment Building") on the Property in the X
locations depicted on Exhibit B attached hereto (the"Existing Improvements"). Following the w
City's acquisition of the Property from the County in 1999, the District obtained City permit and 2
land use approval for significant improvements to the Treatment Building, which were thereafter o
made by District. The Existing Improvements have been continuously used and operated by the 2
District and are essential for the District's supply of potable water to its customers.
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E. Well #6 is failing, and a replacement well (the "New Well")must be drilled,
installed, and constructed on the Property, for incorporation into District's water supply system.
Without limitation of District's continuing use of Well #6 for water withdrawal if necessary to a,
maximize District's water rights and supply, District intends to use existing Well#6 as a w
monitoring well when the New Well has been constructed and is operational. 3
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F. The Parties desire the City grant to District a permanent easement for the Existing
Improvements, as well as for the New Well, for an eight-inch connecting line between the New
Well and the Treatment Building (the "New Well Connecting Line"), and for an eight-inch
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connecting line from Well#6 to the New Well Line (the"Well 6 Connecting Line")
(collectively, the "Additional Improvements").
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G. The Parties desire the City also grant to District a temporary construction cn
easement for District's construction and installation of the Additional Improvements.
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H. The Parties desire otherwise to confirm and set forth certain protections required
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for the District's operation of its facilities and improvements on the Property, including sanitary z
control areas necessary to keep water supplied by District from the Property free from impurities `o
that might be injurious to the public health.
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NOW, THEREFORE, in consideration of the terms and conditions hereof and other good c
and valuable consideration, the receipt and sufficiency of which the Parties mutually 2
acknowledge, the Parties agree as follows.
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1. Permanent Easement for Existing and Additional Improvements. City, as Grantor, �a
hereby grants and conveys to District, as Grantee, a permanent easement (the "Permanent
Easement") on, over, and under that portion of the Property legally described on Exhibit C
attached hereto and depicted on Exhibit C-1 attached hereto (the "Permanent Easement Area") J
for the below stated purposes. All connecting pipelines must be installed by the District at least r
two (2) feet below the surface of the land within the Permanent Easement Area so as to avoid
interference with the City's installation, maintenance, or repair of an irrigation system. The E
Permanent Easement shall be nonexclusive with respect to the District, except as expressly stated
otherwise in this Agreement. w
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1.1 Well#6: for operating, inspecting, maintaining, and repairing Well#6 and
all appurtenances thereto; m
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1.2 Treatment Building: for operating, inspecting, maintaining, and repairing w
the Treatment Building and all appurtenances thereto;
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1.3 New Well: for locating, drilling, installing, constructing, operating, 2
inspecting, maintaining, and repairing the New Well, the New Well's building structures, and all
appurtenances thereto; `o
1.4 New Well Connecting Line: for laying, constructing, installing, operating, d
inspecting, maintaining, and repairing the New Well Connecting Line between the New Well
and the Treatment Building; and w
1.5 Well#6 Connecting ine: for laying, installing, operating, inspecting, -30a
maintaining, and repairing the Well#6 Connecting Line between Well#6 and the New Well
Connecting Line.
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Any replacement of the District's Existing Improvements or Additional Improvements
will require the good faith cooperation between the City and the District to: (i) ensure the City is
sufficiently compensated for any expansion or intensification of the District's use of the Property c
or the Permanent Easement, and(ii)mitigate the impact the District's expanded or intensified cn
use has to other users of the Property, including the City's use of the Property, which may
necessitate a revision to this Agreement or the easement rights conveyed herein to the District.
For avoidance of doubt, however, the provisions of this paragraph do not apply to any expansion 3
of the north side of the Treatment Building up to and including to the north wall of the existing Z
underground overflow storage tank located beneath the concrete slab on the north side of the `o
building, if District determines such expansion is reasonably required for telemetry, upgraded
power, and piping in support of the New Well. The north wall of the underground overflow y
storage tank lies approximately 16 feet from the north wall of the Treatment Building. c
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The Permanent Easement includes the non-exclusive right of ingress and egress for all of
the foregoing purposes. The Permanent Easement shall be exclusive to District only with respect
to the footprint of its constructed facilities, such as the width of installed connecting pipelines �a
within the subsurface of the Permanent Easement Area, the area within the foundation of the
Treatment Building, including the underground overflow storage tank and the building's primary
structure, and the area within the diameter of its constructed wells and their associated pump J
houses/building structures. However, this exclusivity does not include the area within the
Sanitary Control Areas, nor does it prohibit the City or other authorized users from using the
surface or subsurface area within the Permanent Easement Area for other purposes, including E
installation, maintenance, repair, and use of an irrigation system or recreational amenities. The
purpose of the limited exclusivity granted to the District by this section is that neither the City w
nor other users will access the District's Treatment Building, the wells' pump houses or building
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structures, the area within the wells themselves, or the same trench that holds the District's well to
connecting lines.
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2. Temporary Construction Easement. In addition to the foregoing Permanent X
Easement, City, as Grantor, hereby grants and conveys to District, its agents, employees, w
contractors, consultants, and permittees, as Grantee, a temporary construction easement (the
"TCE") on, over, across, and through that portion of the Property legally described on Exhibit D o
and depicted on Exhibit D-I attached hereto (the "TCE Area") for any and all purposes relating
to or for(a) designing, drilling, installing, and constructing the New Well, the New Well's
building structures, and related appurtenances, (b) designing, laying and installing the New Well L
Connecting Line and the Well#6 Connecting Line, and(c) staging and storage of materials and
equipment used in connection with the foregoing work. The TCE shall include rights of ingress d
and egress for such studies, tests, surveys, and examinations reasonably required for performance
of the foregoing work. District shall have the right to install temporary fencing around all or any w
portion of the TCE Area. 3
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Should the District require use of the Property outside of the Permanent Easement Area
to conduct future maintenance or repair work on the Existing Improvements or the Additional
Improvements once initially constructed, the parties agree to negotiate in good faith the terms of
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any future Temporary Construction Easement or license that may be required to authorize that
temporary use.
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3. Duration of TCE. The TCE shall commence on the Effective Date and shall cn
automatically terminate and expire upon the earlier of(a) issuance of a permit by the Washington
State Department of Health and/or receipt by District of approval from the Department of
Ecology and/or any other governmental approvals necessary for the use and operation of the 3
New Well, or(b)the date that is two years after the Effective Date,unless extended by mutual Z
agreement of the Parties. `o
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4. Construction of, or Maintenance and Repairs to, the Improvements. y
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4.1 Compliance With Laws. District shall construct, maintain, and repair the 2
Additional Improvements in a workmanlike manner and in compliance with applicable statutes,
ordinances, rules, and regulations of all governing authorities.
4.2 Approval of Construction Plans.
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4.2.1 Existing Improvements. Within 30 calendar days after the date J
this Agreement is fully signed, the District shall provide City with existing documentation in the r
District's records that identifies the location, to the extent documented, of the depth and
horizontal location of the District's Existing Improvements on the Property. The City agrees to E
protect those records from further dissemination as may be authorized under state public
disclosure laws. w
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4.2.2 Approval of Construction Drawings for Additional Improvements. N
Before constructing the Additional Improvements provided for by this Agreement, the District
shall provide a copy of its final construction drawings to the City for the City's approval, which m
approval shall not be unreasonably withheld. If the City fails to advise the District of any X
concerns related to those final construction drawings within 30 calendar days of their receipt by w
the City, the final construction drawings shall be deemed approved. If the City advises the
District of concerns within the time required by this section, the City and the District will o
negotiate in good faith to resolve those concerns in a manner acceptable to both the City and the
District. The District agrees to construct the Additional Improvements consistent with the
approved final construction drawings and applicable building codes,permits, and regulations. `o
4.2.3 As-Builts for Additional Improvements. Within 60 calendar days a
after completion of the construction of the Additional Improvements, the District shall provide
the City with final as-built drawings that show the actual physical location and construction of w
the District's Additional Improvements on the Property. 3
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4.2.4 Coordination of Future Maintenance or Repairs. District agrees to
notify City before undertaking any future maintenance or repairs on the Existing Improvements
or the Additional Improvements that would require disruption of the surface of the Property
within the Permanent Easement Area, and, except in the case of any emergency maintenance or
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repairs, shall use good faith efforts to coordinate scheduling of the maintenance and repair work
so as to mitigate the impact that work may have to other users of the Property, including the
City's use of the Property, while nevertheless completing the work to be performed. c
4.3 Restoration. Should any work the District undertakes on the Property in
exercising its rights under this Agreement, either within the Permanent Easement, within any
TCE Area, or within any other part of the Property, damage or disrupt the surface of the 3
Property, the City's Recreational Elements, the City's irrigation system or other facilities, or Z
other users' facilities, (collectively, "Property and Facilities"), the District shall restore the `o
Property and Facilities, at the District's sole cost, to substantially the same condition in which it
existed prior to commencement of such activities. y
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5. Insurance. District shall at all times during the existence of the easements 2
described herein maintain a policy of commercial general liability insurance insuring, on an
occurrence basis, against any and all claims or causes of action for death, bodily injury, or
property damage resulting from the negligence of District or any of District's employees, agents, �a
contractors, or subcontractors, with limits of not less than Two Million Dollars ($2,000,000.00)
per occurrence and not less than Three Million Dollars ($3,000,000.00) annual aggregate. The Y
City of Kent shall be named as an additional insured on the District's policy of commercial J
general liability insurance with respect to this Agreement. Upon City's request, District shall r
provide City with proof of insurance evidencing District's compliance with the foregoing
provisions of this Section 5. E
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6. Declaration of Protective Covenants. City covenants and agrees that the City, its w
successors and assigns, will not construct, maintain, or suffer to be constructed or maintained
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within one hundred feet(100') of Well#6 or within one hundred feet(100') of the New Well, as to
such radii are legally described on Exhibit E attached hereto and depicted on Exhibit E-1
attached hereto (the "Sanitary Control Areas") any potential source of contamination, such as m
cesspools, privies, septic tanks drainfields sewer lines manure piles, underground storage tanks =
p , p p � p g g � X
roads, railroad tracks, vehicles, structures, barns, chicken houses, rabbit hutches,pig pens, feed Y
stations, grazing animals, enclosures for maintaining fowl or other animals or manure, liquid or
dry chemical storage, herbicides, insecticides, hazardous waste, or garbage of any kind or o
description, nor use or apply within the Sanitary Control Area any herbicides, insecticides, or
other toxic chemicals or substances. City acknowledges that the Sanitary Control Areas and
foregoing covenants and restrictions are necessary and required by law in order to keep the water
supplied by District from Well#6 and the New Well free from impurities that might be injurious
to public health and to satisfy King County Department of Health or other regulatory d
requirements, City agrees to execute and deliver to District for recording a completed Restrictive
Covenant Public Water Supply (Well) substantially in the form attached as Exhibit F hereto. w
District agrees to advise the City of any changes to state or county health regulations concerning 3
the Sanitary Control Areas that may impact the City's use and maintenance activities on the -°a
Property.
The District intends to construct a driveway within the Permanent Easement and Sanitary
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Control Area to access the New Well's pump house, to which the City intends to construct a
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connected asphalt pedestrian path. Additionally, the District is aware of the City's intended
construction of a sand volleyball court and asphalt pickleball courts ("Recreational Elements"),
and the continued maintenance of an asphalt basketball court, within the Sanitary Control Areas. c
A conceptual drawing of the proposed Recreational Elements is attached and incorporated as cn
Exhibit G. By signing this Agreement, the District affirms that it has discussed the construction
of these Recreational Elements and the continued maintenance of the existing basketball court
within the Sanitary Control Areas with the state Department of Health and Public Health— 3
Seattle & King County, and has confirmed that the identified uses and materials, including z
asphalt and necessary overlays, are not sources of contamination and will not conflict with the `o
restrictions applicable to the Sanitary Control Area set forth in the first paragraph of this
Section 6 and the provisions of Exhibit F hereto.. y
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7. Maintenance and Repair. District shall be solely responsible for maintenance, 2
repair, and replacement of District's facilities and improvements within the Easement Area. City
shall be solely responsible for maintenance, repair, and replacement of all other facilities and
improvements and all landscaping on the Property. �a
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8. Indemnity. District shall defend, indemnify, and save City harmless from and Y
against any and all claims, demands, losses, damages, expenses, liens, charges, and liabilities of J
any kind and description arising from or in connection with: (a) any claim, demand, suit or action r
brought against City for bodily injury(including death), personal injury, or damage to or loss of
or destruction of property suffered or alleged to have been suffered by any person, firm, E
corporation, or entity from District's negligent acts or omissions relating to the Permanent
Easement granted herein or from the District's use of the Property, except to the extent any such w
injuries, death, or damages are caused by the City's negligent acts or omissions;provided,
00
however, that to the extent the easement rights granted herein are subject to the provisions of to
RCW 4.24.115, it is agreed that where liability for damages arising out of bodily injury to
persons or damage to property is caused by or results from the concurrent negligence of the City m
and the District, or their respective officers, agents, employees, or representatives, the District's X
indemnity obligations under this Section 8 shall be effective only to the extent of District's w
negligence.
A
0
In consideration of City's execution of this Agreement, District hereby waives
any immunity it may have under applicable workers' compensation benefits or disability laws,
including,but not limited to, Title 51 RCW, in connection with the indemnity set forth in this
Section 8. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT
OF MUTUAL NEGOTIATION. d
E
as
9. Termination by District; Removal of Surface Improvements. This Agreement, w
including the Permanent Easement and the Protective Covenants regarding the Sanitary Control 3
Areas, may be terminated by: (i) District upon written notice to City, (ii)the District's -°a
abandonment or permanent non-use of the wells to furnish water for public consumption; or aW
mutual agreement of the Parties. If City concludes the District has abandoned or permanently
ceased use of the wells to furnish water for public consumption, the City shall provide written
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notice to District of the City's determination. Upon any such termination, and unless otherwise
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agreed in writing by City, District agrees (a)to remove the Treatment Building and the Well#6
and New Well surface improvements, (b)to remove the underground waterlines, (c) to
decommission all Wells in compliance with applicable law, and (d) to restore the surface of the
Easement Area and any portion of the Property damaged by such removal or decommissioning cn
of the Wells to a reasonably level and clean condition.
a�
10. Successors and Assigns. The easements, covenants, restrictions, and agreements
3
set forth in this Agreement shall (a)be effective on the Effective Date, (b run with the land, and Z
(c) be binding upon and inure to the benefit of the Parties and their respective successors and `o
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assigns.
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11. Notices. Any desired notices or other communications required or permitted c
under this Agreement shall be in writing and shall be (a)personally delivered(including by ;
means of professional messenger service), (b) sent by registered or certified U.S. Mail, postage
prepaid, return receipt requested, or(c) sent by overnight delivery using a nationally recognized
overnight courier service, to the Parties at the following addresses:
a�
To District/Grantee: Lake Meridian Water District
27224 1441h Avenue SE J
Kent, WA 98042 0
Attn: General Manager
as
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With a copy to: Inslee Best Doezie & Ryder, P.S.
10900 NE 41h Street, Suite 1500 w
Bellevue, WA 98004
00
Attn: Curtis Chambers to
To City/Grantor: City of Kent m
220 Fourth Avenue South =
Kent, WA 98032 w
Attn: Parks Planning and Development Manager
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With a copy to: City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: City Clerk
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Notices personally delivered shall be effective upon delivery. Notices sent by certified or
registered U.S. Mail shall be effective on the third business day following deposit in the mail. w
Notices sent by overnight courier service shall be effective one business day following delivery 3
to the courier. Either Party may change its address for notice by written notice given to the other -°a
Party at any time.
12. Attorney's Fees. If either Party brings any suit, action, arbitration or other legal
proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the
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Parties with respect hereto, each such Party shall be responsible for its own attorney's fees in
connection therewith. This provision shall not apply to any indemnification and defense
obligation the District is required to provide under Section 8 above. . c
13. Specific Performance. If either Party fails to perform its obligations under this
Agreement, the aggrieved Party shall be entitled to require such performance by suit for specific
performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition 3
to any other remedies afforded under this Agreement or Washington law. z
L
0
14. Authori1y. Each person executing this Agreement on behalf of a Party hereto
represents and warrants to the other Party, on his or her own behalf and on behalf of the Party for y
which such person signs, that he or she has full authority to bind such Party to the terms of this c
Agreement. ;
15. Entire Agreement, Recitals; Exhibits; Amendment. This Agreement represents the
entire Agreement between the Parties with respect to the subject matter hereof. The Recitals and �a
Exhibits hereto are a part of and incorporated into this Agreement by this reference. This
Agreement may only be modified or amended by a written document mutually signed by the
Parties. J
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16. Counterparts. This Agreement may be executed in counterparts, each of which c
shall be deemed an original, and all of which, when taken together, shall constitute one and the E
same instrument. n
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
00
to
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CITY/GRANTOR: DISTRICT/GRANTEE:
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CITY OF KENT, LAKE MERIDIAN WATER DISTRICT, X
a Washington municipal corporation a Washington special purpose w
municipal corporation
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By: By:
Print Name: Print Name:
Its: Its: °,
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ACKNOWLEDGEMENTS -°a
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STATE OF WASHINGTON )
ss. U)
COUNTY OF KING )
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On this day of ,2021,before me personally appeared ,to me known to be the
of the CITY OF KENT,the Washington municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said ?
municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was J°
authorized to execute said instrument. 2
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In witness whereof,I have hereunto set my hand and affixed my official seal the day and year o
first above written.
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(Print Name)
NOTARY PUBLIC in and for the
State of Washington,residing at
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My appointment expires °
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STATE OF WASHINGTON ) E
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COUNTY OF KING ) Uj
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On this day of , 2021,before me personally appeared ,to me known N
to be the General Manager of LAKE MERIDIAN WATER DISTRICT,the Washington special purpose
municipal corporation that executed the within and foregoing instrument,and acknowledged said m_
instrument to be the free and voluntary act and deed of said municipal corporation,for the uses and =
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. w
4L
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year �,
first above written. o
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(Print Name)
NOTARY PUBLIC in and for the d
State of Washington,residing at
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My appointment expires N
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EXHIBIT A -°a
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8.F.a
EXHIBIT `A'
Owner: City of Kent
Parcel No. 809141-1150 N
Legal Description of Property o
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Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62, N
records of King County, Washington. o
(Reference Deed AFN 19990930002393, Records of King County Washington) g
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EXHIBIT 'B'
1 0' WATER ESM T I N
- - - - - - - - � 33 34
I I REC. NO. 8501100711 t
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20' GREENBELT ESM'T--1 a�
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\ z\ \ CITY OF KENT I I
\ \ TAX PARCEL No. I I 3
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=FOUND MONUMENT IN CASE DISTRICT
WELL 6 REHABILITATION r
TAX PARCEL NO. 809141-1150 a
0 30' so' 120' EXISTING IMPROVEMENTS
EXHIBIT 'B'
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EXHIBIT `C'
Owner: City of Kent
Parcel No. 809141-1150 N
Permanent Easement Legal Description o
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LEGAL DESCRIPTION OF GRANTOR'S PARCEL Y
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Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62, a.
records of King County, Washington. c
(Reference Deed AFN 19990930002393, Records of King County Washington)
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LEGAL DESCRIPTION OF EASEMENT AREA
as
That portion of the hereinabove described Grantor's Parcel described as follows:
3
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BEGINNING at the Southeast Corner of Lot 1, said Plat of Sun Meadows Division No. 2; Z
THENCE North 01°41'49" West along the common line between said Lot 1 and Tract `C' a °
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distance of 108.02 feet to the Northeast Corner of said Lot 1; i
THENCE South 88000'13" West along the common line between said Lot 1 and Tract `C' a n
distance of 5.52 feet;
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THENCE North 14011'02" West a distance of 59.97 feet;
THENCE South 75048'58"West a distance of 2.50 feet;
THENCE North 14011'02" West a distance of 61.70 feet;
THENCE North 07039'41" East a distance of 21.26 feet;
THENCE North 14047'17" West a distance of 28.47 feet;
THENCE South 75012'43"West a distance of 15.00 feet;
as
THENCE North 14047'17" West a distance of 20.00 feet;
THENCE South 75012'43"West a distance of 47.05 feet to the Westerly line of said Tract `C' J
and the beginning of a 825.00 foot radius non-tangent curve to the left, the center of which
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bears South 75054'24"West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 20.00 E
feet, through a central angle of 01 023'20";
THENCE North 75012'43" East a distance of 47.05 feet; w
THENCE North 14047'17" West a distance of 11.00 feet;
00
THENCE North 75012'43" East a distance of 29.00 feet; to
THENCE North 14047'17" West a distance of 9.00 feet;
THENCE North 75012'39" East a distance of 31.00 feet; m_
THENCE South 14047'17" East a distance of 71.22 feet; _
THENCE South 07039'41"West a distance of 47.64 feet; w
THENCE South 14011'02" East a distance of 14.14 feet; 2
THENCE North 89049'30" East a distance of 75.98 feet to the Easterly line of said Tract 'C'; N
THENCE South 01 005'58"West along said Easterly line a distance of 10.00 feet; c
THENCE South 89049'30"West a distance of 73.27 feet; ;
THENCE South 14011'02" East a distance of 30.50 feet;
THENCE South 75048'58"West a distance of 12.50 feet; `o
THENCE South 14011'02" East a distance of 87.83 feet;
THENCE South 88050'46" East a distance of 54.11 feet to the Easterly line of said Tract `C';
THENCE South 01°05'58" West along said Easterly line a distance of 60.98 feet to the
beginning of a 25.00 foot radius curve to the right; w
THENCE Southwesterly along the arc of said curve and along the Easterly and Southerly line
of said Tract `C' a distance of 39.29 feet, through a central angle of 90'03'16"; c
THENCE North 88050'46" West along the Southerly line of said Tract `C' a distance of 44.95
feet to the POINT OF BEGINNING.
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Contains 16, 863 Square Feet, more or less. in
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EXHIBIT C-1 -°a
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EXHIBIT 'C-1'
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TAX PARCEL No.
809141-1150 I
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PERMANENT I I rn
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=FOUND MONUMENT IN CASE DISTRICT
WELL 6 REHABILITATION r
0 30' 60' 120' TAX PARCEL NO. 8091 41-1 1 50 a
PERMANENT EASEMENT
1"=60' EXHIBIT 'C-1'
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EXHIBIT 'C-1'
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LINE TABLE CURVE TABLE o
LINE BEARING LENGTH CURVE RADIUS LENGTH DELTA cu
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L1 N01°41'49"W 108.02' Cl 825.00' 20.00' 001°23'20"
L2 S88°00'13"W 5.52' C2 25.00' 39.29' 090*03'16" Cn
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L3 N14°11'02"W 59.97' -
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L4 S75°48'58"W 2.50' 3
L5 N14°11'02"W 61.70' z
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L6 N07°39'41"E 21.26' 0
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L7 N 14°47'17"W 28.47'
L8 S75°12'43"W 15.00'
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L9 N14°47'17"W 20.00' m
L10 S75°12'43"W 47.05' r-
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L11 N75°12'43"E 47.05'
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L12 N14°47'17"W 11.00'
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L13 N75°12'43"E 29.00' m
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L14 N14°47'17"W 9.00' 0
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L15 N75°12'39"E 31.00' 4)
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L16 S14°47'17"E 71.22'
L17 S07°39'41"W 47.64'
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L19 N89°49'30"E 75.98'
L20 S01°05'58"W 10.00' m
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L21 S89°49'30"W 73.27' w
L22 S 14°1 1'02"E 30.50' •L
L23 S75°48'58"W 12.50' p
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L24 S 14°1 1'02"E 87.83' a�
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L25 S88°50'46"E 54.11'
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L26 S01°05'58"W 60.98'
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L27 N88°50'46"W 44.95' E
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WELL 6 REHABILITATION r
TAX PARCEL NO. 809141-1150 a
PERMANENT EASEMENT
EXHIBIT 'C-1'
PAGE 2 OF 2
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EXHIBIT D -°a
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Legal Description of Temporary Construction Easement
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EXHIBIT `D'
Owner: City of Kent
Parcel No. 809141-1150 N
Temporary Construction Easement Legal Description o
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LEGAL DESCRIPTION OF GRANTOR'S PARCEL
L
Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62, N
records of King County, Washington. o
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LEGAL DESCRIPTION OF EASEMENT AREA CU
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That portion of the hereinabove described Grantor's Parcel described as follows:
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COMMENCING at the Northwest Corner of said Tract `C'; Z
THENCE North 74029'23" East along the Northerly line of said Tract `C' a distance of 85.95 °
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feet to the POINT OF BEGINNING; i
THENCE Continuing North 74029'23" East along said Northerly line a distance of 20.00 feet; n
THENCE South 14047'17" East a distance of 79.65 feet;
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THENCE North 75012'43" East a distance of 40.00 feet; ?
THENCE South 14047'17" East a distance of 80.00 feet;
THENCE South 75012'43" West a distance of 100.00 feet;
THENCE North 14047'17" West a distance of 20.00 feet;
THENCE South 75012'43" West a distance of 42.23 feet to the Westerly line of said Tract `C'
and the beginning of a 825.00 foot radius curve to the left, the center of which bears South
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76036'04" West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 40.00 J
feet, through a central angle of 02046'42"; r
THENCE North 75012'43" East a distance of 82.23 feet;
THENCE North 14047'17" West a distance of 99.40 feet to the POINT OF BEGINNING. E
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Contains 10,473 Square Feet, more or less. w
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10,473 S.F.t N o 0 a)to I I L
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=FOUND MONUMENT IN CASE DISTRICT
WELL 6 REHABILITATION a
0 30' 60' 120' TAX PARCEL NO. 809141-1150
TEMPORARY CONSTRUCTION EASEMENT
1"=60' EXHIBIT 'D-1'
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L28 N74°29'23"E 85.95' C3 825.00' 40.00' 002°46'42" m
L29 N74°29'23"E 20.00' r-
L30 S 14°47'17"E 79.65'
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L31 N75°12'43"E 40.00' �
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L32 S 14°47'17"E 80.00' f°
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L35 S75°12'43"W 42.23' N
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L36 N75°12'43"E 82.23'
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L37 N14°47" 7"W 99.40' to
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WELL 6 REHABILITATION Q
TAX PARCEL NO. 809141-1150
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT 'D-1'
PAGE 2 OF 2
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Sanitary Control Areas - Legal Description
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EXHIBIT `E'
Owner: City of Kent
Parcel No. 809141-1150 N
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EXISTING 100 FOOT WELL SITE a
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That portion of Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, o
Pages 61-62, records of King County, Washington, described as follows:
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A 100 foot radius Well Site easement as shown on said plat of Sun Meadows Division No. 2, c
the center of which being 100.00 feet Westerly of the Easterly line of said Tract `C' and cn
100.00 feet Northerly of the Northerly line of Lot 1 of said Plat, both of which are measured CU
perpendicular to their respective line.
Said 100 foot radius shall be trimmed along the Westerly line of said Tract `C'.
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NEW 100 FOOT WELL SITE
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That portion of Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats,
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Pages 61-62, records of King County, Washington, described as follows:
A 100 foot radius, the center of which lies as follows:
BEGINNING at the Northeast corner of said Tract 'C';
THENCE South 01 005'58" West along the Westerly line of said Tract `C' a distance of 123.25
feet; �
THENCE North 88054'02" West a distance of 100.00 feet to the center of the herein
described radius. J
Said 100 foot radius shall be trimmed along the Westerly line of said Tract `C'. r
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EXHIBIT E-1 -°a
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Depiction of Sanitary Control Areas
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EXHIBIT 'E-1'
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10' WATER ESMT N
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I `REC. NO. 8501100711 I o
20' GREENBELT
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SEE PAGE 2 CURVE TABLE. F 2 FOR LINE AND LAKE MERIDIAN WATER
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=FOUND MONUMENT IN CASE DISTRICT
WELL 6 REHABILITATION a
0 30' 60' 120' TAX PARCEL NO. 809141-1150
SANITARY CONTROL AREAS
1"=60' EXHIBIT 'E-1'
PAGE 1 OF 2
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EXHIBIT F -°a
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Form of Restrictive Covenant Public Water Supply (Well) c
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DISCLAIMER REGARDING USE OF THIS FORM N
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sufficient form. Neither King County,Public Health—Seattle&King County,nor any of their officials and y
employees make any warranty of any kind,express or implied,in relation to any information on this form or M
any use made of this form by any person. No information on this form,nor any use made of this form shall
create any liability on the part of King County, Public Health — Seattle & King County, or any of their c�a
officials or employees. As with any document affecting the rights and responsibilities of real property 12
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ownership, we recommend that you consult with your private legal counsel before filling out, signing, or a)
making any other use of this form. y
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RESTRICTIVE COVENANT o
PUBLIC WATER SUPPLY (WELL)
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Assessor's Property Tax Parcel Account Numbers:
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NAME OF WELL SYSTEM:
The grantor herein is(are)the owner(s)of(an interest in)the following real estate
situated in King County, State of Washington,to wit: (NEIGHBOR'S LEGAL,PARCEL NUMBER&
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ADDRESS).
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The grantee(s)herein, co
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is(are)the owner in fee simple of(an interest in)the following real estate situated
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in County, State of Washington,to-wit: (OWNER'S LEGAL,PARCEL
NUMBER&ADDRESS)
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on which the grantee(s)owns and operates a well and waterworks supplying water for public use located on said Z
real estate,to-wit:(PINPOINT THE ACCURATE LOCATION OF THE WELL SITE,FOR EXAMPLE,125 °
FEET OF THE SOUTH PROPERTY LINE AND 100 FEET EAST OF THE WEST PROPERTY LINE).
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which well and waterworks is in close proximity G
to the land of the grantor,and said grantee is required to keep the water supplied from said well free from impurities
which might be injurious to the public health.
It is the purpose of these grants and covenants to prevent certain practices hereinafter enumerated in the use of the
said grantor's land which might contaminate said water supply.
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NOW, THEREFORE, the Grantor(s)agree(s)and covenant(s)that said grantor(s), (his/her/their)heirs, successors,
and assigns will maintain the 100 foot radius around the well from the encroachment of animals by a physical
barrier and will not construct, maintain or suffer to be constructed or maintained upon the said land of the grantor J
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and within 100(one hundred)feet of the well herein described, so long as the same is operated to furnish potable
water forpublic consumption, any of the following:cesspools;sewers;pressure effluentpipes;building sewers;
privies;septic tanks;drainfields; and any other receptacle for the storage, conveyance, treatment, or disposal of m
sewage;manure piles;manure,sewage, and other lagoons;building foundations;garbage of any kind or
description;loafing shed;animal feeding stations;barns;chicken houses;rabbit hutches;dog kennels;pigpens;or w
other enclosures or structures for the keeping or maintenance of fowl, animals;underground storage tanks, 00
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hazardous waste sites;storage of liquid or dry chemicals, herbicides, or insecticides;public roads;surface water; N
railroad tracks;power utility or gas lines. or known or suspected sources of contamination such as use or
application of liquid or dry chemicals, herbicides or insecticides on or around household foundations or any other
structural foundations;and fuel storage tanks. No well shall be drilled within 1000 feet of known sanitary and m
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abandoned landfills. X
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These covenants shall run with the land and shall be binding on all parties having or acquiring any right,title,or i
interest in the land described herein or any part thereof,as long as said well or waterworks is used for the purpose of
furnishing potable water for public consumption.
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WITNESS hand this day of , 19 f°
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(Seal) °
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State of Washington 3
County of ) o
1,the undersigned,a Notary Public in and for the above named County and State,do hereby certify that on
this day of 19 ,personally appeared before c
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DISCLAIMER REGARDING USE OF THIS FORM N
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sufficient form. Neither King County,Public Health—Seattle&King County,nor any of their officials and y
employees make any warranty of any kind,express or implied,in relation to any information on this form or M
any use made of this form by any person. No information on this form,nor any use made of this form shall
create any liability on the part of King County, Public Health — Seattle & King County, or any of their c�a
officials or employees. As with any document affecting the rights and responsibilities of real property 12
L
ownership, we recommend that you consult with your private legal counsel before filling out, signing, or a)
making any other use of this form. y
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RESTRICTIVE COVENANT o
PUBLIC WATER SUPPLY (WELL)
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Reference numbers of related documents:
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Assessor's Property Tax Parcel Account Numbers:
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NAME OF WELL SYSTEM:
The grantor herein is(are)the owner(s)of(an interest in)the following real estate
situated in King County, State of Washington,to wit: (NEIGHBOR'S LEGAL,PARCEL NUMBER&
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AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT
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RE: EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK °
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1. The City of Kent ("City") is the owner of certain real property commonly known as Sun Meadows
Park("Park").
2. The City has agreed to grant certain easement rights to Lake Meridian Water District ("District") Z
at or near the Park as described and depicted in the EASEMENT AGREEMENT AND DECLARATION o
OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and incorporated herein by
this reference ("Easement Agreement").
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3. In recognition of and in full and complete consideration for the Easement Agreement and the
disruption in use of the Park during construction,the District has agreed to contribute to City,
and City has agreed to accept from District, the sum of$45,000 (the "Consideration")toward
the cost of City's contemplated volleyball pit and pickle ball court improvements at the Park(the
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"Improvements").
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4. The District will pay the Consideration to the City within 30 days of the City's delivery to the
District of the Easement Agreement signed by its Mayor. °
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5. This agreement is effective as of the later of the signature dates below. y
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IN WITNESS WHEREOF, City and District have executed this Agreement. w
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CITY/GRANTOR: DISTRICT/GRANTEE: N
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CITY OF KENT LAKE MERIDIAN WATER DISTRICT, op
a Washington municipal corporation a Washington special purpose X
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1324932.3-049361-0134
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8.G
40
KENT
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: Mendel Property Acquisition - Authorize
MOTION: Authorize the Mayor to take all action necessary and sign all
documents to purchase the Mendel property, located at 10028 S.E. 267th
Street in the City of Kent, for $900,000, plus closing costs, and subject to
final purchase terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: The Mendel property is approximately three acres in size and located
at 10028 S.E. 267th Street in the Scenic Hill neighborhood of Kent and is known as
King County Tax Parcel No. 292205-9210.
—n -_2-- .., 1-1— 'ill 26230 j
.•2 825 �g 40 • 2G23'� 9055 a A� �2fi225
—.. fi26301 :.`2G302 �>i43 /9844 C �6322E.
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Mill Creek 909i y o `2a333
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s •�GZ6331 ,.`2 p32:.,��?G= fi�862 Ea rth�,,yprks
Park
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77 `'` �0� lDIi G726 - 8 1 ❑/7 4 •10305 2 T2-R 004
2 GSOS0 42G510OAR 2GS i5� D4654 `,. 6.6�20 0s 7 2Gaax '' 0065G.'6s24 �sasx
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fit GsiO3' I O 53D 9 63 /
� 26606 650l Vo 9 01.0 p�ee 20
D 16611 a�� ° a 9211D �[11 @ a 0174 '❑A '!�~ $U108F 22 000605
a 2 C O9 s/ r0fl2s `1004D `YVL76 0�7A61 v au D❑/0 1x1 P51117
od �,66 c o 67th t n6 N '� a Od10a2 OC�'6625
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This acquisition will allow the city to connect the Mill Creek Canyon Trail through to
the east hill of Kent and construct a trail head park at the south end of Mill Creek
Packet Pg. 94
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Canyon. This long-term goal has been in city planning documents dating back to
the 1960's. Half of the purchase price will be funded through a grant awarded to
the City of Kent in 2020 through the King County Conservation Futures Tax.
BUDGET IMPACT: Expense impact to the Parks Land Acquisition capital budget
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Mendel Property Acquisition-EXHIBIT (PDF)
04/27/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 5/4/2021 7:00 PM
Packet Pg. 95
8.G.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation ("Buyer"), whose mailing address is 220 4t" Avenue South,
Kent, Washington 98032-5895, and Robert and Sally Mendel ("Seller"), whose
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mailing address is 10028 SE 267t" Street, Kent, Washington 98030 for the sale and
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purchase of real property as follows:
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1. PROPERTY. The Property, which Buyer agrees t y and Seller agrees 0
to sell, is known as King County Tax Parcel Number 20 210, approximately
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98,010 square feet in size and located at 10028 SE 267t" St Kent, WA (the Q
"Property"). The Property is legally described in Ex it ��A" and de cted in Exhibit
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"B", both of which are attached and incorporat , a
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2. EARNEST MONEY. Within 10 business days of mutual acceptance of
this Agreement, Buyer shall deposit Rainier Title Insurance Company (the to
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"Escrow Agent"), the sum of Ten Thou d and NO/100ths ($10,000.00) in N
the form of a check, as refundable earn money ("Earnest Money") to be applied m
toward the purchase priceqan /100ths
roperty yable at Closing. w
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3. PURCHASEotal purchase price for the Property is Nine y
Hundred Thousand Dollars ($900,000.00), which amount includes the
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Earnest Mone aya on Closing.
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4. C IN CIES. This Agreement is contingent upon: a
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a. The Buyer authorization set forth in Section 18 of this Agreement
and the other contingencies provided for throughout this Agreement.
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b. No later than 10 business days after the date of mutual
acceptance of this Agreement, Seller shall deliver to Buyer, in a manner consistent a
with paragraph 17, a completed Real Property Transfer Disclosure Statement
("Disclosure Statement") in the form attached as Exhibit"C". If Seller fails to deliver
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 1 of 9
Packet Pg. 96
8.G.a
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 N
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Statement delivered in a timely manner from Seller, Buyer shall, in its sole and
absolute discretion, either approve and accept the Disclosure Statement or rescind Q
this Agreement by delivering to Seller a written rescission n e. If Buyer neither
accepts nor delivers a written rescission notice, then BuyO
be deemed to have
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approved and accepted the Disclosure Statement. If Buyer livers a written a
rescission notice, then this Agreement shall termi and neither uyer nor Seller
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shall have any further rights, duties, or obli ions ereunder, except that the a
Earnest Money in Escrow shall be immediately re d to Buyer.
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d. A feasibility study ows: to
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i. Buyer shall v 6 ays from the date of mutual N
acceptance of this Agreement determi in Buyer's sole and absolute discretion, 00
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if the property is feasible th urposes and uses intended ("Feasibility Period"). w
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The Feasibility Period ma r t is determined that a Phase II environmental °
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assessment is unnecessar However, if it is determined that a Phase II a
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environmental ent is n cessary, the full 60-day Feasibility Period will be Q
required an rther ex ded as may be necessary. a
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Buyer's feasibility study may include (but is not limited to) Z
a Phase I and a Phase II environmental assessment, to determine if the Property is
feasible for the purposes and uses intended. c
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iii. A Phase I environmental assessment generally will consist a
of a review of title of ownership and land use, review of geologic and hydrologic maps a
of the area, review of federal and state databases for known hazardous water
generators or contaminated sites, and a site visit. If the Phase I review reveals the
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 2 of 9
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8.G.a
potential of a contaminated site, a Phase II environmental assessment may be
conducted, which generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE
PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND
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IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE
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NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
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iv. Buyer agrees to conduct its feasibili tudy at its sole cost 0
and expense; and if Buyer does not remove the feasibilit ingency, then Buyer
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also agrees, if requested by Seller, to deliver to Seller copies o information and a
documentation obtained by Buyer in connection w' the feasibilit study. If Buyer
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fails to notify Seller of its approval of the Pr rty, writing, on or before the a
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expiration of the feasibility period, then this Ag ent shall be terminated, and a
neither Buyer nor Seller shall have any further rights, es or obligations hereunder,
except that the Earnest Money in EsNetc.
hall be immediately returned to Buyer. 0
Following any environmental assessma rees to return the property to its N
original state (i.e. fill all borin oles, 00
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e. This ree also contingent upon insurability of title as c
addressed in paragraph 6 b w. T
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�Id a of the contingencies provided for above or throughout this
Agreement met rior to Closing, then this Agreement shall terminate and
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neither Buyer er shall have any further rights, duties, or obligations a
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hereunder, except t at the Earnest Money in Escrow shall be immediately returned
to Buyer.
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5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Warranty Deed, free and clear of a
all liens, encumbrances or defects, except those described in Schedule B, Part II,
Special Exceptions paragraph(s) 1 through 13 of Rainier Title Report Number
, described in the attached and incorporated Exhibit "D". All other
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 3 of 9
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8.G.a
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
"D", other than those specifically noted above, are to be removed from the Property
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on or before Closing. i-
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6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, who is Q
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also serving as Escrow Agent, to issue standard coverage owner's policy of title 0
insurance to Buyer in an amount equal to the total purc rice of the Property.
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For purposes of this Agreement, the following shall not constit ncumbrances or a
defects: rights reserved in federal patents or state ds, building o use restrictions
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consistent with current zoning, and utility an oad sements of record. If title a
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cannot be made so insurable prior to Closing, s Buyer elects to waive such
defects or encumbrances, this Agreement shall ter ate and the Earnest Money
shall be returned to Buyer. 0
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7. CLOSING COSTS AND PR RATIONS. The escrow fee, and Excise m
Tax, if applicable, shall be Seller, cept for those fees which are expressly w
limited by federal reg ons shall pay all recording costs, title insurance c
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premium, the costs of an rvey, and the fees and expenses of its consultants. T
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Taxes for the c year, re , interest, water, sewer, and other utility charges, Q
if any, shall paid b Iler, and prorated as of the day of Closing, unless otherwise
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agreed. 0
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S. CLOSI G 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 ;
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2021, which shall also be the termination date of this Agreement, E
unless said Closing date is extended in writing by mutual agreement of the parties.
If a Phase II environmental assessment is necessary under Section 4.d. and that a
assessment cannot reasonably be completed prior to the Closing date provided for
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 4 of 9
Packet Pg. 99
8.G.a
in this Section 8, the parties agree to extend the Closing date for a reasonable time
to allow for the completion of that assessment and the Seller to evaluate its findings.
In addition to the Mayor, the Parks 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 N
L
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 Q
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and the sale proceeds are available for disbursement to the S r. 0
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9. CASUALTY LOSS. If, prior to Closing, imp vem son the Property Q
are destroyed or materially damaged by fire or other casualty, t Agreement, at
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option of the Buyer, shall become null and void. o
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10. POSSESSION. Buyer shall be entitle possession on Closing.
11. SELLER'S REPRESENT S. Seller represents: to
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a. that Seller will ma t Property in present or better N
condition until time of agreed ssession; 00
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b. that Her knowledge of notice from any governmental c
agency of any violation of I relating to the Property except: T
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that Her is in possession of the Property and the Property is not c
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subject to any Ie ental agreements. a
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12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. 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 a
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.
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 5 of 9
Packet Pg. 100
8.G.a
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 N
L
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer, Q
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or asserted against Buyer, by any other party or parties (includ' , without limitation, 0
a governmental entity), arising out of or in connectio any environmental
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condition existing as of and/or prior to Closing, including the ex re of any person Q
to any such environmental condition, regardless of whether suc environmental
Q.
condition or exposure resulted from activities Sell r or Seller's predecessors in a
interest. This indemnity shall survive Closing and addition to Seller's obligation
for breach of a representation or warranty as may be forth herein.
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14. DEFAULT AND ATTORN 'S N
a. Bu er's Default. If Buydefaults hereunder, Seller's sole remedy 00
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shall be limited to dama ag st Buyer in the liquidated amount of the Earnest w
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Money previously paid t Buyer and Seller intend that this amount 0
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constitutes liquidated dama nd so as to avoid other costs and expenses to either a
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party in conne potenti litigation on account of Buyer's default. Buyer and Q
Seller belie v is amo to be a fair estimate of actual damages. a
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b. eKs Default. If Seller defaults hereunder, Buyer shall have all
the rights and remedies available at law or in equity.
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C. Attorneys Fees and Costs. In the event of litigation to enforce E
any of the terms or provisions herein, each party shall pay all its own costs and
attorney's fees. a
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
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 6 of 9
Packet Pg. 101
8.G.a
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
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THESE CONSEQUENCES.
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16. NON-MERGER. The terms, conditions, and provisions of this Agreement Q
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shall not be deemed merged into the deed, and shall survive th losing and continue 2
in full force and effect.
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Q
17. NOTICES. All notices required or permitted to be giv ereunder shall
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be in writing and shall be sent U.S. certified m <aressed
rn receipt requested, or by o
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facsimile transmission addressed as set forth be
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(a) All notices to be given to er shall be as follows:
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City of Kent N
Attn: Julie Parascondola
Parks, Recreatio & Commu ity Services 00
220 Fourth Av outh x
Kent, WA 9 2 Y
JParascond v 0
Fax: 253-856- 0 T
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At Jerk a
220venue South a�
Kent, 032
CityClerk@KentWA.gov
Fax: 253-856-6725 c
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(b) All notices to be given to Seller shall be addressed as follows:
Robert and Sally Mendel a
10028 SE 267t" Street
Kent, WA 98030
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 7 of 9
Packet Pg. 102
8.G.a
Rainier Title Insurance Company
Kent, WA 98032
Fax:
Either party hereto may, by written notice to the other, designate such other address N
L
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 Q
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the third day following the day such notice is mailed in accordance with this section. 0
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18. CITY COUNCIL ACTION. The Kent Cit�Co it authorized this Q
property acquisition on , by ' s approval u Council action
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at its regularly scheduled Council meeting on th ate. o
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19. ENTIRE AGREEMENT. This Agree t, including all incorporated
exhibits, constitutes the full understa ing between ler and Buyer. There have
to
been no verbal or other agreements th his Agreement. o
20. BINDING EFFECT AND SU IVAL. This Agreement shall be binding 00
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upon parties hereto and it pective eirs, successors, and assigns; and the w
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terms, conditions and pr i Agreement shall survive the Closing of this
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transaction. 3
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21. T)OUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of m ance of this Agreement shall be the last date on which the
parties to this Ag have executed this Agreement as indicated below.
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22. FORCE MAJEURE. Performance by Seller or Buyer of their obligations ;
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under this Agreement shall be extended by the period of delay caused by force E
majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor
disturbance order of any government, court or regulatory body having jurisdiction, a
or any similar cause beyond the reasonable control of the party who is obligated to
render performance.
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 8 of 9
Packet Pg. 103
8.G.a
23. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement. Further, upon executing this Agreement, either party
may deliver the signature page to the other by fax or email and that signature shall
have the same force and effect as if the Agreement bearing the original signature N
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was received in person.
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24. EXPIRATION OF OFFER. Seller shall have on until 5:00 pm on o
to accept t greement as written, N
by delivering a signed copy thereof to the Buyer or Buye ag If Seller does not Q
so deliver a signed copy of this Agreement by t t stated date and time, this
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Agreement shall lapse and all right of the parties reu der shall terminate. 0
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IN WITNESS WHEREOF, the parties hereto h executed this Agreement on
the date set forth below.
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BUYER:
CITY OF KENT m
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Name: Dana Ralph a
Title: Mayor Q
Dated:
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SELLER: SELLER:
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By: By:
Robert Mendel Sally Mendel a
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Dated: Dated:
Buyer's Initials Seller's Initials Seller's Initials
Real Estate Purchase and Sale Agreement Page 9 of 9
Packet Pg. 104
10.A
40
KENT
DATE: May 4, 2021
TO: Kent City Council
SUBJECT: 2021 Watermain Replacement Bid - Award
MOTION: Award the 2021 Watermain Replacement Project to Northwest
Cascade, Inc. in the amount of $914,286.27 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The project includes replacement of existing watermains on East Titus
Street and East Saar Street, along with construction of a new water main on
Veterans Drive, just east of Military Rd. Replacement of storm pipe systems,
sidewalk curb ramps, pavement and other related work items necessary to restore
affected infrastructure, are also included in the contract.
The bid opening for the 2021 Watermain Replacement Project was held on April 20,
2021 with one bid received. The low bid is responsible and responsive, and was
submitted by Northwest Cascade, Inc. in the amount of $914,286.27.
Bid Tab Summary
01. Northwest Cascade, Inc. $914,286.27
Engineer's Estimate $984,292.71
BUDGET IMPACT: Funded through the water and drainage fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. 2021 Watermain Replacement Bid Tab (PDF)
Packet Pg. 105
10.A.a
2021 Watermain Replacement 1
Bid Opening: April 20, 2021, 11:00 AM Northwest Cascade, Inc. Engineer's Estimate
PO Box 73399 Abdulnaser Almaroof
Disclaimer:These preliminary bid results are provided as a convenience to Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest Q
responsible bidder. Bid review by staff and final award pending.
TOTAL $914,286.27 $984,292.71
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL m
T
NO. PRICE AMOUNT PRICE AMOUNT C
d
SCHEDULE I: STREET d
1000 Mobilization 1 LS 82,712.00 $82,712.00 70,000.00 $70,000.00
1010 Remove Existing Asphalt Concrete Pavement 800 SY 14.50 $11,600.00 20.00 $16,000.00
1015 Remove Existing Cement Concrete Pavement 400 SY 16.00 $6,400.00 30.00 $12,000.00
1020 Remove Cement Concrete Sidewalk and Driveway 140 SY 13.50 $1,890.00 25.00 $3,500.00
1025 Remove Cement Concrete Curb and Gutter 180 LF 10.00 $1,800.00 12.00 $2,160.00
1040 Removal of Raised Pavement Markers and Painted 1 LS 9,350.00 $9,350.00 2,000.00 $2,000.00 L
and/or Thermoplastic Traffic Markinas d
1050 Saw Cut Existing Asphalt Concrete Pavement 1,900 LF 5.00 $9,500.00 5.00 $9,500.00 @
1055 Saw Cut Existing Cement Concrete Pavement 750 LF 5.00 $3,750.00 10.00 $7,500.00
1060 Roadway Excavation Incl. Haul 10 CY 48.00 $480.00 60.00 $600.00 N
1080 Crushed Surfacing Top Course, 5/8 Inch Minus 120 TON 37.50 $4,500.00 45.00 $5,400.00 0
N
1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 160 TON 37.50 $6,000.00 50.00 $8,000.00
1100 HMA Class 1/2", PG 58V-22 220 TON 185.00 $40,700.00 100.00 $22,000.00
1110 Planing Bituminous Pavement, 2 Inch Thick 550 SY 12.00 $6,600.00 6.00 $3,300.00 N
1115 Tie Bar with Drill Hole 200 EA 29.00 $5,800.00 20.00 $4,000.00
1120 Cement Concrete Pavement-8 Inch Depth, Including 100 CY 360.00 $36,000.00 500.00 $50,000.00
Dowels H
1125 Hot Plant Mix for Temporary Pavement Patch 20 TON 300.00 $6,000.00 200.00 $4,000.00 'D
1130 Asphalt Cost Price Adjustment 1 CALC 3,000.00 $3,000.00 3,000.00 $3,000.00 m
1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 10 SY 284.00 $2,840.00 150.00 $1,500.00
1145 Cement Concrete Sidewalk 40 SY 103.00 $4,120.00 80.00 $3,200.00
1170 Cement Concrete Sidewalk Ramp Type Parallel A 2 EA 2,600.00 $5,200.00 3,000.00 $6,000.00 d
1175 Cement Concrete Sidewalk Ramp Type Single Direction A 3 EA 3,900.00 $11,700.00 3,000.00 $9,000.00 U
1205 Cement Concrete Curb and Gutter 170 LF 46.00 $7,820.00 45.00 $7,650.00 Q
1210 Cement Concrete Curb and Gutter, 8 Inch Depth, 10 LF 70.00 $700.00 70.00 $700.00 �
Reinforced
1211 Pedestrian Curb 140 LF 30.00 $4,200.00 35.00 $4,900.00
1225 Circular Manhole Frame and Cover with Reinforced 2 EA 725.00 $1,450.00 2,500.00 $5,000.00
Cement Concrete Collar E
1235 Adjust Existing Catch Basin Grate or Curb Inlet Grate to 2 EA 420.00 $840.00 400.00 $800.00
Finished Grade
1245 Adjust Existing Manhole Cover to Finished Grade 2 EA 540.00 $1,080.00 500.00 $1,000.00
1315 * Pothole Utilities 12 EA 425.00 $5,100.00 500.00 $6,000.00 N
1355 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 N
SUB TOTAL $286,132.00 $273,710.00
CD10.1%SALES TAX $28,899.33 $27,644.71 E
SCHEDULE I TOTAL $315,031.33 $301,354.71
v
M
SCHEDULE II: WATER Q
2016 12 Inch Connection to Existing Water Main 4 EA 5,445.00 $21,780.00 6,000.00 $24,000.00
2035 12 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 630 LF 83.00 $52,290.00 140.00 $88,200.00
2040 10 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 4 EA 2,720.00 $10,880.00 3,000.00 $12,000.00
2045 12 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 8 EA 3,080.00 $24,640.00 4,000.00 $32,000.00 Packet Pg. 106
10.A.a
2021 Watermain Replacement 1
Bid Opening: April 20, 2021, 11:00 AM Northwest Cascade, Inc. Engineer's Estimate
PO Box 73399 Abdulnaser Almaroof
Disclaimer:These preliminary bid results are provided as a convenience to Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest Q
responsible bidder. Bid review by staff and final award pending.
TOTAL $914,286.27 $984,292.71
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL m
T
NO. PRICE AMOUNT PRICE AMOUNT C
2110 Abandon and Fill Existing Water Main with CDF 30 CY 320.00 $9,600.00 250.00 $7,500.00 d
2120 Service Connection 1 Inch Diameter 3 EA 650.00 $1,950.00 1,500.00 $4,500.00
2145 Water Service Line 1 Inch Diameter 75 LF 51.00 $3,825.00 40.00 $3,000.00 IC
2150 1 Inch Meter Setter 3 EA 785.00 $2,355.00 750.00 $2,250.00
2220 Meter Box for 1 Inch Diameter Service 3 EA 890.00 $2,670.00 500.00 $1,500.00
2255 *Shoring or Extra Excavation Class B 4,100 SF 0.10 $410.00 0.75 $3,075.00
2260 * Foundation Material, Class I and II for Water Main 80 TON 33.00 $2,640.00 45.00 $3,600.00
2265 * Unsuitable Foundation Excavation Incl. Haul 60 CY 44.00 $2,640.00 45.00 $2,700.00 L
2275 * Pipe Zone Bedding for Water Main 450 TON 45.00 $20,250.00 35.00 $15,750.00 +;
2285 * Bank Run Gravel for Trench Backfill for Water Main 520 TON 40.00 $20,800.00 35.00 $18,200.00 M
2300 Dewatering 1 FA 35,000.00 $35,000.00 35,000.00 $35,000.00
N
SUB TOTAL $211,730.00 $253,275.00 G
N
10.1%SALES TAX $21,384.73 $25,580.78 "
SCHEDULE II TOTAL $233,114.73 $278,855.78
SCHEDULE III: SANITARY SEWER
3000 Split Steel Casing for Existing Sewer Pipe 32 LF 460.00 $14,720.00 450.00 $14,400.00
3030 Ductile Iron Sewer Pipe, 12 Inch Diameter Class 50 30 LF 126.00 $3,780.00 100.00 $3,000.00 H
3050 Manhole Under 12 Feet,Type 1, 48 Inch Diameter 1 EA 4,646.00 $4,646.00 3,000.00 $3,000.00 2
3135 Remove Existing Sewer Pipe 30 LF 7.50 $225.00 25.00 $750.00 m
3145 * Remove Existing Catch Basin or Manhole 1 EA 400.00 $400.00 1,000.00 $1,000.00 C
3255 *Shoring or Extra Excavation, Class B 200 SF 0.10 $20.00 0.75 $150.00
3260 * Foundation Material, Class I and II 10 TON 33.00 $330.00 45.00 $450.00 v
3275 * Pipe Zone Bedding 20 TON 45.00 $900.00 35.00 $700.00
3285 * Bank Run Gravel for Trench Backfill 30 TON 40.00 $1,200.00 35.00 $1,050.00
d
W
SUB TOTAL $26,221.00 $24,500.00
10.1%SALES TAX $2,648.32 $2,474.50 IC
SCHEDULE III TOTAL $28,869.32 $26,974.50 E
d
SCHEDULE IV: STORM SEWER
4010 Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50 150 LF 78.00 $11,700.00 75.00 $11,250.00
4080 Catch Basin,Type 1 3 EA 1,045.00 $3,135.00 1,500.00 $4,500.00 N
4115 Bolt Down Catch Basin Frame and Grate 1 EA 555.00 $555.00 500.00 $500.00 c
N
4120 ADA Locking Frame and Grate 3 EA 555.00 $1,665.00 750.00 $2,250.00 };
4130 Abandon and Fill Existing Storm Sewer Pipe with CDF 10 CY 320.00 $3,200.00 250.00 $2,500.00
d
4135 Remove Existing Storm Sewer Pipe or Culvert 50 LF 7.50 $375.00 25.00 $1,250.00 E
4140 Abandon Existing Catch Basin or Manhole 1 EA 650.00 $650.00 500.00 $500.00
4145 * Remove Existing Catch Basin or Manhole 4 EA 400.00 $1,600.00 1,000.00 $4,000.00
4255 *Shoring or Extra Excavation Class B 700 SF 0.10 $70.00 0.75 $525.00 Q
4275 * Pipe Zone Bedding 100 TON 45.00 $4,500.00 35.00 $3,500.00
4285 * Bank Run Gravel for Trench Backfill 50 TON 40.00 $2,000.00 35.00 $1,750.00
SCHEDULE IV TOTAL $29,450.00 $32,525.00 Packet Pg. 107
10.A.a
2021 Watermain Replacement 1
Bid Opening: April 20, 2021, 11:00 AM Northwest Cascade, Inc. Engineer's Estimate
PO Box 73399 Abdulnaser Almaroof
Disclaimer:These preliminary bid results are provided as a convenience to Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest Q
responsible bidder. Bid review by staff and final award pending.
TOTAL $914,286.27 $984,292.71
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL 0]
T
NO. PRICE AMOUNT PRICE AMOUNT C
d
SCHEDULE V:TRAFFIC CONTROL d
5005 Traffic Control Labor 730 HR 59.00 $43,070.00 60.00 $43,800.00
5010 Construction Signs Class A 300 SF 19.00 $5,700.00 20.00 $6,000.00 Q.
5015 Traffic Control Supervisor 410 HR 70.00 $28,700.00 70.00 $28,700.00
5020 Temporary Traffic Control Devices 1 LS 10,860.00 $10,860.00 5,000.00 $5,000.00
5030 Portable Changeable Message Sign (PCMS) 130 DAY 97.00 $12,610.00 100.00 $13,000.00 IC
5035 Sequential Arrow Sign (SAS) 20 DAY 47.00 $940.00 50.00 $1,000.00 E
5105 Profiled Plastic Double Yellow Center Line 250 LF 11.50 $2,875.00 8.00 $2,000.00 d
5115 Plastic Stop Line(24 inch wide) 50 LF 7.00 $350.00 20.00 $1,000.00 M
5120 Plastic Crosswalk Line 900 SF 4.50 $4,050.00 10.00 $9,000.00
N
SUB TOTAL $109,155.00 $109,500.00
N
10.1%SALES TAX $11,024.66 $11,059.50
SCHEDULE V TOTAL $120,179.66 $120,559.50
SCHEDULE VII:TEMPORARY EROSION &SEDIMENTATION CONTROL
7015 Inlet Protection 10 EA 75.00 $750.00 100.00 $1,000.00
7030 ESC Lead 100 HR 110.00 $11,000.00 70.00 $7,000.00 H
7040 SPCC Plan 1 LS 250.00 $250.00 1,500.00 $1,500.00 2
7050 Street Cleaning 50 HR 105.00 $5,250.00 150.00 $7,500.00 0]
7055 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 C
d
SUB TOTAL $18,750.00 $18,500.00 v
10.1%SALES TAX $1,893.75 $1,868.50 �p
SCHEDULE VII TOTAL $20,643.75 $20,368.50
d
SCHEDULE VIII:VETERANS DRIVE WATER MAIN
C
8210 16 Inch Diameter Ductile Iron, Cl 52 Restrained Joint 510 LF 150.00 $76,500.00 180.00 $91,800.00 �p
Water Main PiDe E
8230 Combination Air Valve Assembly and Vault 1 EA 12,200.00 $12,200.00 35,000.00 $35,000.00 d
8240 Water Meter Reimbursement 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 0
8255 *Shoring or Extra Excavation Class B 3,030 SF 0.10 $303.00 0.75 $2,272.50
8260 * Foundation Material, Class I and II for Water Main 20 TON 33.00 $660.00 45.00 $900.00 N
8265 * Unsuitable Foundation Excavation Incl. Haul 10 CY 44.00 $440.00 45.00 $450.00 N
8275 * Pipe Zone Bedding for Water Main 380 TON 45.00 $17,100.00 35.00 $13,300.00
8285 * Bank Run Gravel for Trench Backfill for Water Main 750 TON 40.00 $30,000.00 35.00 $26,250.00 C
8315 * Pothole Utilities 7 EA 425.00 $2,975.00 500.00 $3,500.00 d
8355 * Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 t
U
2
SUB TOTAL $151,678.00 $184,972.50 Q
10.1%SALES TAX $15,319.48 $18,682.22
SCHEDULE VIII TOTAL $166,997.48 $203,654.72
Packet Pg. 108
10.A.a
2021 Watermain Replacement 1
Bid Opening: April 20, 2021, 11:00 AM Northwest Cascade, Inc. Engineer's Estimate
PO Box 73399 Abdulnaser Almaroof
Disclaimer:These preliminary bid results are provided as a convenience to Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest Q
responsible bidder. Bid review by staff and final award pending.
TOTAL $914,286.27 $984,292.71
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL 0]
T
NO. PRICE AMOUNT PRICE AMOUNT C
SUMMARY: d
SCHEDULE I TOTAL $315,031.33 $301,354.71 d
SCHEDULE II TOTAL $233,114.73 $278,855.78 v
SCHEDULE III TOTAL $28,869.32 $26,974.50 Q.
SCHEDULE IV TOTAL $29,450.00 $32,525.00
SCHEDULE V TOTAL $120,179.66 $120,559.50
SCHEDULE VII TOTAL $20,643.75 $20,368.50
SCHEDULE VIII TOTAL $166,997.48 $203,654.72 E
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CONSTRUCTION CONTRACT TOTALI $914,286.27 $984,292.71 M
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