HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 06/04/2024 (8) KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, June 4, 2024
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 87459075269
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations-Council President Kaur, Subject Matter Chair
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting -
May 21, 2024 4:00 PM
B. Ordinance Amending Chapter YES Tammy White 05 MIN.
2.80 of the Kent City Code
Relating to the Employee
Deferred Compensation Program
- Adopt
Committee of the Whole Committee of the Whole - June 4, 2024
Regular Meeting
Economic and Community Development—Councilmember Larimer, Subject
Matter Chair
C. Info Only: Behavioral Health NO Lindsay Walker 30 MIN.
Facilities Project Update
Parks—Councilmember Michaud, Subject Matter Chair
D. 2025 South King County Housing YES Merina Hanson 05 MIN.
and Homelessness Partners Work
Plan and Operating Budget -
Approve
E. Ordinance Amending KCC YES Garin Lee 05 MIN.
4.06.200 Regarding Lake
Meridian Boat Launch Fee -
Adopt
F. Update to Fee Resolution to add YES Garin Lee 05 MIN.
Boat Launch Fee - Adopt
G. Resolution Authorizing Grant YES Terry Jungman 05 MIN.
Applications with the Recreation
and Conservation Office -
Uplands Playfield, and Spray
Park, Uplands Extension
Acquisition, and Garrison Creek
Park - Adopt
Public Works—Councilmember Fincher, Subject Matter Chair
H. Consultant Services Agreement YES Jason Barry 05 MIN.
with KBA, Inc. for South 218th
Street Project - Authorize
I. Flood Protection Levee Easement YES Cheryl Rolcik-Wilcox 05 MIN.
with King County - Authorize
J. Easements with the City of YES Cheryl Rolcik-wilcox 05 MIN.
Covington for Construction and
Maintenance of Culvert Near
Jenkins Creek - Authorize
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
Committee of the Whole Committee of the Whole - June 4, 2024
Regular Meeting
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person,in
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.1
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
May 21, 2024
Date: May 21, 2024
Time: 4:01 p.m.
Place: Chambers
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1. CALL TO ORDER
Council President Kaur called the meeting to order. c
2. ROLL CALL °
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Attendee Name Title Status Arrived a
Satwinder Kaur Council President Present 2
Bill Boyce Councilmember Present a
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John Boyd Councilmember Present
Brenda Fincher Councilmember Present N
Marli Larimer Councilmember Present N
Zandria Michaud Councilmember Present N
Toni Troutner Councilmember Present
3. AGENDA APPROVAL
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A. I move to approve the agenda as presented. c
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner a
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4. DEPARTMENT PRESENTATIONS
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting -
May 7, 2024 4:00 PM
Packet Pg. 4
4.A.1
Kent City Council - Committee of the Whole May 21, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
RESULT: MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM
MOVER: Bill Boyce, Councilmember
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SECONDER: John Boyd, Councilmember °
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner o
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C. Consolidating Budget Adjustment Ordinance for Adjustments a
between January 1, 2024, and March 31, 2024 - Adopt
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Budget and Finance Manager Michelle Ferguson presented the Consolidating o
Budget Adjustment Ordinance for adjustments between January 1, 2024 and
March 31, 2024. N
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This ordinance reflects an overall increase of $15,817.550. N
Ferguson detailed the previously approved increase of $15.7m and the
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adjustments pending approval totaling $77,530. Chief Administrative Officer °
Pat Fitzpatrick provided context related to the $77,530 expended for the
cleanup along the Green River. _
MOTION: I move to adopt Ordinance No. 4492, consolidating
budget adjustments made between January 1, 2024, and March
31, 2024, reflecting an overall budget increase of $15,817,550. a
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RESULT: MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM Q
MOVER: Satwinder Kaur, Council President 2
SECONDER: Bill Boyce, Councilmember =
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
D. Cooperative Purchasing Agreement for Janitorial Supplies —
Authorize
Facilities Superintendent Will Moore provided details on the Cooperative
Purchasing Agreement for janitorial supplies.
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Page 2 of 4 Packet Pg. 5
4.A.1
Kent City Council - Committee of the Whole May 21, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
MOTION: I move to authorize the Parks Department to
purchase office custodial supplies through Network
Distribution's Cooperative Purchasing Agreement through
Omnia Partners within budgets previously established and
approved by Council and within the term of agreement,
including any extensions.
RESULT: MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM
MOVER: Zandria Michaud, Councilmember
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SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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E. Goods and Services Agreement with TriVan Truck Body, LLC -
Authorize 0
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Fleet Manager Sean Girvan provided details on the Goods and Services a
Agreement with TriVan Truck Body, LLC for the build of a crime scene and 2
evidence van. a
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MOTION: I move to authorize the Mayor to sign a Goods and
Services Agreement with TriVan Truck Body, LLC., subject to N
final terms and conditions acceptable to the City Attorney and N
Public Works Director. N
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RESULT: MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM 2
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MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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F. Consultant Services Agreement with TranTech Engineering, LLC
for the Green River Bridge on Meeker Street - Authorize a
Construction Manager Eric Conner provided details on the Consultant Q
Agreement with TranTech Engineering, LLC for the Construction Management
of the Green River Bridge on Meeker Street project.
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The project is expected to commence during the summer of 2024, and
Meeker Street will be closed for approximately two months.
MOTION: I move to authorize the Mayor to sign a supplement
to the Consultant Services Agreement with TranTech
Engineering, LLC, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
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Page 3 of 4 Packet Pg. 6
4.A.1
Kent City Council - Committee of the Whole May 21, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
G. Inter-Governmental Agreement with Drainage District #1 for
the Mill Creek Reestablishment Project - Authorize
Environmental Engineering Manager Mike Mactutis provided details on the
Intergovernmental Agreement with Drainage District #1 for the Mill Creek
Reestablishment Project and related grant funds the City is receiving.
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MOTION: I move to authorize the Mayor to sign an Agreement 0
with King County Drainage District #1 for the 2024 Mill Creek 'o
Reestablishment project, subject to final terms and conditions a
acceptable to the Public Works Director and City Attorney. a
RESULT:LTU MOTION PASSES [UNANIMOUS] Next: 6/4/2024 7:00 PM a
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MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember N
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N
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5. ADJOURNMENT �
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Council President Kaur adjourned the meeting.
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Meeting ended at 4:23 p.m.
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Ki ley A. Ko-wwto- a
City Clerk
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Page 4 of 4 Packet Pg. 7
4.B
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5770
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending Chapter 2.80 of the Kent City Code
Relating to the Employee Deferred Compensation Program —
Adopt
MOTION: I move to adopt Ordinance No. 4493, amending Chapter 2.80 of
the Kent City Code to update the City's code provisions concerning the
deferred compensation program made available to City employees.
SUMMARY: This ordinance is largely housekeeping to align provisions within the
Kent City Code with current practice.
Back in the 1980s, the Kent City Council adopted ordinances to establish a three-
member Deferred Compensation Plan Committee to implement and administer a
deferred compensation plan for employees who choose to participate. These
ordinances were codified at Chapter 2.80 of the Kent City Code.
It appears that sometime around 2009, the Deferred Compensation Plan
Committee's membership was increased to five members, and the employees filling
the roles of Chief Administrative Officer, Finance Director, Human Resources
Director, Benefits Manager, and City Attorney were appointed to serve on the
Committee. However, for reasons unknown, Chapter 2.80 of the Kent City Code
was not revised to reflect this change.
This ordinance formally amends Chapter 2.80 of the Kent City Code to increase the
number of members who shall serve on the Committee, to identify by title the
employees who shall serve as Committee members, and to allow for pro tempore
members in the event a sitting member is unable to attend a particular Committee
meeting. In addition, this ordinance removes reference to specific deferred
compensation plans that are no longer available, and provides more generally that
the available deferred compensation plan shall be the one selected by the Deferred
Compensation Plan Committee. These general provisions will reduce the need for
ordinance amendments due to future plan changes or offerings.
Given the current conflict between existing code provisions and the existing
membership of the Committee, this ordinance is being adopted on an emergency
basis and is intended to apply retroactively back to June 1, 2009, which is when it
appears the Committee's membership was first expanded. To give effect to this
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4.B
intended retroactivity, this ordinance also ratifies all prior actions and approvals
adopted by the Deferred Compensation Plan Committee. Because this ordinance is
being adopted on an emergency basis, it does require Council's unanimous consent.
In addition, this ordinance will proceed to Council for final action at its City Council
meeting this same night.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. Deferred Comp Ordinance - KCC 2.80 (PDF)
2. Deferred Comp - KCC 2.80 (Existing) (PDF)
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ORDINANCE NO. 4493 c
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AN ORDINANCE of the City Council of the L
City of Kent, Washington, amending Chapter 2.80 of
the Kent City Code, entitled "Deferred �
Compensation", to update the City's code provisions
concerning the deferred compensation program the
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City of Kent makes available to its employees. N
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RECITALS
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A. Through Ordinance No. 2361, adopted on July 6, 1982, the
Kent City Council established a three-member Deferred Compensation Plan
Committee to implement and administer a deferred compensation plan for o
qualified employees who choose to participate in that plan. These provisions o
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were later amended through Ordinance No. 2541, adopted on March 4,
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1985, to expand the duties and responsibilities of the Committee. These 00
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ordinances are currently codified at Chapter 2.80 of the Kent City Code. U
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B. It appears that sometime around 2009, the Deferred
Compensation Plan Committee's membership was increased to five
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members, and the employees filling the roles of Chief Administrative Officer, a
Finance Director, Human Resources Director, Benefits Manager, and City 0
Attorney were appointed to serve on the Committee. However, for reasons 4)
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unknown, Chapter 2.80 of the Kent City Code was not revised to reflect this
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change.
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1 Amend KCC 2.80 -
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C. This ordinance is largely housekeeping to formally amend
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Chapter 2.80 of the Kent City Code to increase the number of members who 0
shall serve on the Committee, to identify by title the employees who shall a
serve as Committee members, and to allow for pro tempore members in the °
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event a sitting member is unable to attend a particular Committee meeting.
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In addition, this ordinance removes reference to specific deferred E
compensation plans that are no longer available, and provides more -0
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generally that the available deferred compensation plan shall be the one
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selected by the Deferred Compensation Plan Committee.
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D. Given the current conflict between existing code provisions and N
the existing membership of the Committee, this ordinance is being adopted
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on an emergency basis and is intended to apply retroactively back to June
1, 2009, which is when it appears the Committee's membership was first
expanded. To give effect to this intended retroactivity, the Kent City Council a
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also ratifies through this ordinance all prior actions and approvals adopted r-
by the Deferred Compensation Plan Committee prior to the effective date of
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this ordinance.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: N
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ORDINANCE '
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SECTION 1, - Repeal Existing Chapter 2.80 KCC - Deferred
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Compensation. Chapter 2.80 of the Kent City Code, entitled "Deferred a
Compensation," is repealed in its entirety. 0
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SECTION 2. - Adopt New Chapter 2.80 KCC - Deferred
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Compensation Plan and Committee. Title 2 of the Kent City Code is amended
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2 Amend KCC 2.80 -
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to adopt a new chapter, Chapter 2.80, entitled "Deferred Compensation Plan
and Committee," as follows: r
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CHAPTER 2.80 a
DEFERRED COMPENSATION PLAN AND COMMITTEE c
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Sec. 2.80.010. Deferred compensation plan fund. There is a
hereby created a special fund which shall be designated as the deferred c0
compensation plan fund into which shall be paid all sums deferred from the
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compensation of participants in the plan, and from which all authorized
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disbursements shall be made.
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Sec. 2.80.020. Committee established, membership, and N
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meetings. Y
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A. Membership. There is hereby established a deferred compensation
plan committee which shall consist of the following five (5) voting members: a
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1. Chief administrative officer, who shall serve as the committee
chair and the plan fiduciary;
2. Human resources director;
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3. Finance director;
4. Human resources manager in the benefits division of the
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human resources department; and U
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5. City attorney. Y
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Should any incumbent vacate their position for any reason, the
individual appointed to fill that position, either on an interim or indefinite o
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basis, shall automatically assume the former incumbent's position on the c
deferred compensation plan committee.
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B. Committee secretary. The human resources director or the director's o
designee shall appoint a benefits analyst or management-level employee in
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the City's human resources department to serve in a non-voting capacity as
the deferred compensation plan committee's secretary, who shall perform ,
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the duties of that position as provided for by Ch. 2.50 KCC. a
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C. Pro tempore member. If any member is unavailable for any meeting ,
of the committee, the member may appoint a designee to attend such
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meeting in the member's place. In such event, the designee will serve as a o
pro tempore member for that meeting and may vote on all matters before
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the committee.
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D. Meetings. The deferred compensation plan committee shall meet at W
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least three (3) times per year as scheduled by the committee's secretary N
and committee chair. Meeting minutes will be maintained and should be L)
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distributed to the committee in advance of the next meeting. Meeting
minutes shall be made available upon request to plan participants. Meeting
agendas will include the following: a
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1. Call to Order;
2. Roll Call or Attendance Sheet;
3. Approval of minutes from previous meeting;
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4. Old Business;
5. New Business;
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6. Review reports from consultants or service providers; U
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7. Topical presentations as needed; and Y
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8. Adjourn.
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Sec. 2.80.030. Duties and responsibilities. The duties and o
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responsibilities of the deferred compensation plan committee shall include c
without limitation the following: �
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A. Selection of a deferred compensation plan through which employees
may choose to invest deferred compensation to provide future retirement r
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income and other deferred benefits;
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B. Negotiation of terms applicable to the deferred compensation plan ,
selected in accordance with this chapter;
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C. Governance of the deferred compensation plan and any amendments, U
including retaining and contracting with consultants to advise the committee L
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and administer the deferred compensation plan; and o
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D. Fiduciary oversight of the deferred compensation plan.
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Sec. 2.80.040. Agreements and documents.
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A. The committee chair is authorized and directed to sign all necessary
documents to establish, implement, and maintain the deferred
compensation plan chosen by the committee or to otherwise retain a
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consultants to administer the plan or advise the committee.
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B. The deferred compensation plan shall be made available to qualified 0
employees of the city upon their execution of appropriate applications and CO
agreements for participation therein.
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Sec. 2.80.050. Adoption not endorsement of plan. Authorization U
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of and the provision for any deferred compensation plan does not constitute
the city's endorsement of the deferred compensation plan or any financial 0
guarantee by the city.
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Sec. 2.80.060. Administrator. The human resources manager for 0
the benefits division of the city's human resources department shall receive
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necessary reports, notices, etc., from the deferred compensation plan
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administrator, and shall cast, on behalf of the city, any required votes under
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5 Amend KCC 2.80 -
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4.B.a
the plan. Administrative duties to carry out the plan may be assigned by the
committee chair to the appropriate City departments. r
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Sec. 2.80.070. Fund. All sums deferred from the compensation of a
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participants in the deferred compensation plan, and all authorized ,
disbursements, shall be through the deferred compensation plan fund,
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established in KCC 2.80.010. E
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SECTION 2. - Severability. If any one or more section, subsection, L
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or sentence of this ordinance is held to be unconstitutional or invalid, such o
decision shall not affect the validity of the remaining portion of this ordinance W
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and the same shall remain in full force and effect. 00
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the a
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correction of clerical errors; ordinance, section, or subsection numbering; or r-
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Ratification. Through the adoption of this ordinance,
the City Council hereby ratifies and confirms in all respects all prior action
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taken by the Deferred Compensation Plan Committee, and all actions taken
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by the City and its staff and elected officials in reliance on that prior Y
Committee action, prior to the effective date of this ordinance, and cures
ministerial defects, if any, related to such prior action.
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SECTION 5. - Effective Date. The City Council finds and declares that 0
an emergency exists which necessitates that this ordinance become effective
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immediately in order to preserve the public health, safety, and welfare. This
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ordinance, having been adopted by unanimous vote, shall become effective
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immediately upon passage, and further shall be considered retroactively
effective as of June 1, 2009. The City Clerk is directed to publish a summary r
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of this ordinance at the earliest publication date.
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June 4, 2024 N
DANA RALPH, MAYOR Date Approved
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ATTEST: 0-
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June 4, 2024
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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June 7, 2024
Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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Chapter 2.80
DEFERRED COMPENSATION
Sections:
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Part 1. Generally
2.80.010 Deferred compensation plan fund. Q
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Part 2. Public Employee Nonqualified o
Deferred Compensation Plan
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2.80.200 Committee established, membership, etc. Q-
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2.80.220 Adopted. C
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2.80.230 Agreements and documents.
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2.80.240 Adoption not endorsement of plan.
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Part 3. ICMA Deferred Compensation Plan
2.80.310 Adoption.
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2.80.320 Trustee. 00
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2.80.330 Administrator. V
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2.80.340 Fund. Y
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2.80.350 Adoption not endorsement of plan. E
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Part 4. U.S. Conference of Mayors Deferred Compensation Program E
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2.80.400 Plan adopted. a,
2.80.410 Mayor and employee services division director authorized to execute necessary documents.
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2.80.420 Plan assets to be held in annuity or custodial account.
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2.80.430 Program executed. O
2.80.440 Plan and its investments not endorsed. 00
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PART 1. GENERALLY
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2.80.010 Deferred compensation plan fund. OR
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There is hereby created a special fund which shall be designated as the deferred compensation plan fund into w
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which shall be paid all sums deferred from the compensation of participants in the plan, and from which all 00
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authorized disbursements shall be made. v
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(Ord. No. 2361, §5, 7-6-82)
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Cross reference(s)—Funds, § 3.40.010 et seq. V
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PART 2. PUBLIC EMPLOYEE NONQUALIFIED DEFERRED COMPENSATION PLAN
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2.80.200 Committee established, membership, etc. °
A.There is hereby established a deferred compensation plan committee which shall consist of three (3) E
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persons appointed by the mayor. The committee members shall serve for such periods as shall be determined
by the mayor and shall be subject to removal and replacement as shown in Article VI of the plan adopted in Q
KCC 2.80.220. The committee shall administer the deferred compensation plan, and the deferred
compensation plan investments hereafter created, and shall have the duties as defined in the plan.
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B.The members of the deferred compensation plan committee shall have the authority to sell, assign, and
transfer units held under annuity contracts in the name of the city deferred compensation 457 plan and to
deliver any and all written instruments necessary or proper to effectuate such transactions.
(Ord. No. 2361, §4, 7-6-82; Ord. No. 2541, § 1, 3-4-85)
2.80.220 Adopted. -°a........................................................................................................................................................................................................................................................................................................................... Q
The public employee nonqualified deferred compensation plan which is on file in the city clerk's office is hereby
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recognized and approved as a deferred compensation plan for the qualified employees and/or independent 0
contractors of the city. u0i
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(Ord. No. 2361, § 1, 7-6-82) E
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2.80.230 Agreements and documents.
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A.The mayor is hereby authorized and directed to execute the necessary documents for the establishment and T
implementation of the public employee nonqualified deferred compensation plan.
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B. Upon such execution of such plan, establishment and implementation, such plan shall be made available to Q
qualified employees and/or independent contractors of the city upon their execution of appropriate applications N
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and/or agreements for participation therein. Y
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(Ord. No. 2361, §3, 7-6-82)
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2.80.240 Adoption not endorsement of plan. a
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Adoption of this division does not constitute an endorsement of this deferred compensation plan or any
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financial guarantees by the city. 0
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(Ord. No. 2361, §6, 7-6-82) O
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PART 3. ICMA DEFERRED COMPENSATION PLAN c
2.80.310 Adoption.
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A.The city council adopts the International City Managers Association deferred compensation plan which is on
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file in the city clerk's office and appoints the ICMA Retirement Corporation to serve as administrator. w
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B. The city has executed the ICMA Retirement Trust which is on file in the city clerk's office. N
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(Ord. No. 2447, §§ 1, 2, 12-5-83) Y
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2.80.320 Trustee. 0
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The city adopts the trust agreement which is on file in the city clerk's office and appoints the ICMA Retirement
Corporation as trustee thereunder. The city directs the ICMA Retirement Corporation, as trustee, to invest all ,T,
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funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. C
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(Ord. No. 2447, §3, 12-5-83)
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2.80.330 Administrator. r
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The coordinator for the city's ICMA deferred compensation plan shall receive necessary reports, notices, etc.,
from the ICMA Retirement Corporation as administrator, and shall cast, on behalf of the city, any required votes
under the program.Administrative duties to carry out the plan may be assigned to the appropriate departments.
Packet Pg. 18
4.B.b
(Ord. No. 2447, §4, 12-5-83)
2.80.340 Fund.
...........................................................................................................................................................................................................................................................................................................................
All sums deferred from the compensation of participants in the deferred compensation plan, and all authorized
disbursements, shall be through the deferred compensation plan fund, established in KCC 2.80.010.
Q.
(Ord. No. 2447, §6, 12-5-83)
Q
2.80.350 Adoption not endorsement of plan. c
........................................................................................................................................................................................................................................................................................................................... ._
Adoption of this division does not constitute an endorsement of this deferred compensation plan or any
financial guarantees by the city. Q.
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(Ord. No. 2447, §7, 12-5-83) U
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PART 4. U.S. CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM
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2.80.400 Plan adopted.
...........................................................................................................................................................................................................................................................................................................................
The city adopts the U.S. Conference of Mayors Deferred Compensation Program and its attendant investment Q
options and hereby establishes the city of Kent, Washington, deferred compensation plan for the voluntary N
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participation of all eligible city employees and elected officials. Y
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(Ord. No. 3395, § 1, 3-4-98)
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2.80.410 Mayor and employee services division director authorized to execute necessary E
documents.
...........................................................................................................................................................................................................................................................................................................................
The mayor or his designee is hereby authorized (1)to enter into an administrative agreement and any and all
agreements necessary to implement the program with the U.S. Conference of Mayors as plan administrator,
subject to the terms of this part and further subject to final approval of the city attorney; (2)to execute, for the
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city, individual participation agreements with each employee requesting an individual participation agreement; c
(3)to act as the "administrator" of the plan representing the city. Other than the incidental expenses of
collecting and disbursing the employees'deferrals and other minor administrative matters, there is to be no c
cost to the city for the program. N X
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(Ord. No. 3395, §2, 3-4-98) Q
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2.80.420 Plan assets to be held in annuity or custodial account.
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The city and the U.S. Conference of Mayors shall hold the funds applied to this plan in either a deferred
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compensation variable annuity or in an I.R.C. Section 457 Custodial Account for the exclusive benefit of the E
city's plan participants. v
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(Ord. No. 3395, §3, 3-4-98) w
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2.80.430 Program executed. r
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The city hereby executes the program. E
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(Ord. No. 3395, §4, 3-4-98) r
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2.80.440 Plan and its investments not endorsed.
...........................................................................................................................................................................................................................................................................................................................
The city's continuance of the plan does not constitute an endorsement of the plan or of any investment options
offered through the plan.
Packet Pg. 19
4.B.b
(Ord. No. 3395, §5, 3-4-98)
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4.0
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Info Only: Behavioral Health Facilities Project Update
SUMMARY: Planning staff will provide an update to the siting and conditions of
Opioid Treatment Programs, specifically expansion into the CM - Commercial
Manufacturing zone, as well as an update on research progress for Enhanced
Service Facilities and Intensive Behavioral Health Treatment Facilities.
2023 Code Amendments
In June 2023, the City amended Title 15 to address SB 5536 (commonly referred to
as the "Blake Fix"). SB 5536 updated state statutes concerning controlled
substances, including how local governments regulate opioid treatment programs.
Due to the tight effective deadline, ECD staff prioritized changes necessary to
comply with the ordinance. However, staff anticipated further discussions would be
needed because the nature of behavioral health facilities has evolved. ECD
committed to further evaluation and fine-tuning of potential code amendments in
2024. Since then, Planning staff have had community discussions to gather
feedback on the siting and conditions of some lower intensity facilities.
Background
In 2018, Governor Jay Inslee announced that he was pursuing a 5-year plan to
modernize the state's mental health system. The current strategy is to expedite
efforts to support smaller community-based health facilities. The goal is to
transition patients out of large state-run hospitals into smaller, more specialized
categories of facilities to better integrate them into the community appropriate for
patients' level of care needs. RCW Chapter 71.24
<https://app.leg.wa.gov/rcw/defauIt.aspx?cite=71.24> is the enacting legislation
known as the Community Behavioral Health Services Act. RCW 71.24.015 states
that "It is the intent of the legislature to establish a community behavioral health
system which shall help people experiencing mental illness or a substance use
disorder to retain a respected and productive position in the community." To help
develop a statewide behavioral health infrastructure, the Department of Commerce
created a model ordinance, which provides guidance and best practices for local
communities in siting and permitting these facilities.
Staff will provide an update of the project including the facilities we are proposing
to codify while discussing site conditions, operational conditions as well as
appropriate zonings.
Packet Pg. 21
4.0
Next Steps
After this presentation, staff will finalize zones and conditions for code adoption.
Future meetings with LUPB and Council are expected during the process of code
adoption.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 22
4.D
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPPE, Director
•
KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: 2025 South King County Housing and Homelessness Partners
Work Plan and Operating Budget - Approve
MOTION: I move to approve the 2025 South King Housing and
Homelessness Partners Work Plan and Operating Budget as adopted by the
South King Housing and Homelessness Partnership Executive Board on
April 19, 2024.
SUMMARY: The South King Housing and Homelessness Partners (SKHHP) was
established through an interlocal agreement between nine South King County cities
and King County to work together and share resources to increase options for
South King County residents to access affordable housing and preserve existing
affordable housing. SKHHP currently has 12 member jurisdictions. Consistent with
the SKHHP Interlocal Agreement, the SKHHP 2025 work plan and budget must be
adopted by the SKHHP Executive Board and approved by each member
jurisdiction's legislative body.
Every year, an annual work plan and budget is developed in collaboration with the
SKHHP Executive Board, Advisory Board, and staff work group to guide the work of
SKHHP staff in the coming year. Pursuant to the SKHHP Interlocal Agreement, each
participating jurisdiction must approve SKHHP's annual budget and work plan. The
2025 Executive Board recommended work plan was developed through surveys to
the Executive and Advisory Boards on their priorities in February and an interactive
in-person discussion with the Executive Board in March. The draft 2025 work plan
and budget was adopted on April 19, 2024 at the Executive Board's regularly
scheduled meeting.
The 2025 work plan includes four goals with corresponding action items. Each
action item is prioritized as higher, medium, or lower priority. Indicators are
included to measure progress on the goals. The four goals, which are the same as
2024's goal, include the following:
1. Fund the expansion and preservation of affordable housing.
2. Develop policies that expand and preserve affordable housing.
3. Serve as an advocate for South King County.
4. Manage operations and administration.
Packet Pg. 23
4.D
The 2025 SKHHP operating budget totals $468,237, supporting two full-time staff,
and includes itemization of all categories of budgeted expenses and itemization of
each jurisdiction's contribution, including in-kind services. Operating revenues
originate from SKHHP member contributions. As discussed last year with Council,
contributions are proposed to increase 15% annually for each member jurisdiction
through 2026 as approved by the Executive Board in July 2021 to work towards a
balanced budget whereby SKHHP's revenues can fully support the budgeted
expenditures. These projected member contributions assume no additional staff
would be added. Member contributions are based on population size accordingly,
and no members are moving into a new population tier in 2025:
Population tier 2023 2024 2025 2026
Contribution Contribution Contribution Contribution
<10,000 $5,290 $6,084 $6,996 $8,045
10,001 - 35,000 $9,919 $11,407 $13,118 $15,085
35,001 - 65,000 $19,838 $22,814 $26,236 $30,172
65,000 - 100,000 $34,385 $39,543 $45,474 $52,295
100,000+ $44,965 $51,710 $59,466 $68,386
Salaries and benefits are proposed to increase by 5% in 2025.
Interfund IT, which is the amount paid to SKHHP's administering agency
(City of Auburn) for IT services, is proposed to increase by 11%.
Advisory Board compensation, SKHHP staff travel, and supplies remain
unchanged in 2025.
Professional services/Misc. is proposed to increase to accommodate
necessary legal assistance for the development and review of SKHHP's
housing contracts and funding documents. This line item also incorporates
budgeted expenses for professional development from 2024 to align with the
administering agency's expenditure categories.
SKHHP continues to spend down the fund balance from cost-savings in 2019
and 2020 to mitigate any additional increases to member contributions.
The 2025 Executive Board recommended operating budget also includes the spend-
down of interest earnings accrued primarily from Housing Capital Fund
contributions. Interest earned between 2019 and 2023 by jurisdiction/entity to be
applied to the operating fund balance are as follows:
Packet Pg. 24
4.D
TABLE 1: INTEREST EARNED BY JURISDICTION 2019-2023
MEMBER ( TOTAL
AUBURN $8,653
BURIEN $6,588
COVINGTON $8,036
DES MOINES $2,534
FEDERAL WAY $11,276
KENT $97,962
MAPLE VALLEY --
NORMANDY PARK $281
RENTON $16,726
SEATAC --
TUKWILA $975
KING COUNTY $488
KCHA $9
TOTAL $153,529
To spend the interest earnings requires the approval of each SKHHP member with
allocated accrued interest based on their contributions. With the adoption of the
2025 SKHHP operating budget which incorporates the interest earnings into the
SKHHP operating fund balance, the City Council is providing authorization for
SKHHP to use those funds towards the operating budget. These funds will assist in
future years should there be an economic recession and members choose to pause
an increase in dues.
BUDGET IMPACT: None. Already included in the budget.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. SKKHP-2025 Work Plan and Operations Budget (PDF)
Packet Pg. 25
4.D.a
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RESOLUTION NO. 2024-02 a
L
A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND 0
HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2025 SKHHP WORK PLAN AND
OPERATING BUDGET
WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves a
an annual work plan and budget each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an
itemization of all categories of budgeted expenses and itemization of each Party's contribution,
including in-kind services; and x°
WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will
be transmitted to each participating jurisdiction for approval by their legislative body; and
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WHEREAS, the budget will not become effective until approved by the legislative body of
each jurisdiction and adopted by the SKHHP Executive Board; and
WHEREAS, if a party does not approve the work plan or budget in a timely manner, the 0
Executive Board may adopt the budget and work plan with a two-thirds majority vote; and
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WHEREAS, the purpose of the annual work plan and budget is to provide management
and budget guidance, and implement the overarching SKHHP mission to work together and o
share resources to increase the available options for South King County residents to access N
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affordable housing and to preserve the existing affordable housing stock; and N
N
WHEREAS, the 2025 work plan includes four goals with corresponding action items that
further SKHHP's mission.
NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows:
Section 1. The Executive Board adopts the 2025 SKHHP Work Plan in Attachment A. 0°
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Section 2. The Executive Board adopts the 2025 SKHHP Operating Budget in Attachment B. cc
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Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an o
annual basis during the first quarter of the calendar year.
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Section 4. This Resolution will take effect and be in full force upon approval by the legislative a
body of each participating jurisdiction. a.
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Dated and signed this I day of lA , 2024.
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NANCY KUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS
�P.-----------------------------
Resolution No. 2024-02
April 19, 2024 Q
Page 1 of 7
Packet Pg. 26
4.D.a
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RESOLUTION 2024-02-ATTACHMENT A a
SKHHP 2025 WORK PLAN o
PURPOSE N
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Establish a 2025 SKHHP work plan and budget that is guided by Executive Board priorities, is L
consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. a
BACKGROUND a
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Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to
increase options for South King County residents to access affordable housing and preserve existing
affordable housing. The 2025 SKHHP work plan builds on work done in previous years and was °
developed in collaboration with the Executive Board, Advisory Board, and staff work group. _
c
The work plan is organized into four goals with corresponding action items. Each action is identified by
priority as follows:
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• Higher— Identified as higher priority by Executive Board or is necessary to carry out the Interlocal
Agreements
• Medium— Identified as mid-level priority o
• Lower— Identified as lower priority L)
Quarterly budget and progress reports on the status of the work plan elements will be submitted to the Y
SKHHP Executive Board and the legislative body of each member jurisdiction as follows: r
°
Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February U°
In accordance with the Interlocal Agreement, the 2025 SKHHP work plan and budget will be approved N
by the SKHHP Executive Board and the legislative body of each member jurisdiction.
SKHHP MISSION c
South King County jurisdictions working together and sharing resources to create a coordinated,
comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and
producing and preserving quality affordable housing in South King County. m
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GOALS &ACTIONS °
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Goal Actions a
1. Fund the expansion and preservation of 1 through 5 O
affordable housing.
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2. Develop policies to expand and preserve 6 through 10 a
affordable housing. L
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3. Serve as an advocate for South King County. 11 through 15 �
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4. Manage operations and administration. 16 through 20 `"
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Resolution No. 2024-02
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April 19, 2024 a
Page 2 of 7
Packet Pg. 27
4.D.a
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Goal 1
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Fund the expansion and preservation of affordable housing. a
Actions Priority of Actions
••• = Higher
•• = Medium o
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• = Lower
1. Pool resources from member cities for the Housing Capital Fund, •••
including SHB 1406 funds, HB 1590 funds, and general funds. c'
2. Develop and execute contract documents and covenants for projects ••• c
ready to move forward (Burien Family Housing—2022; Kent =
Multicultural Village—2023; Skyway Affordable Housing and Early
Learning Center—2023). o
3. Facilitate approval from participating Councils of recommended ••• a,
projects from 2024 Housing Capital Fund funding round and preparing
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contract documents and covenants if any projects are ready to move
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forward. o
4. Manage 2025 Housing Capital Fund funding round including adopting ••• LO
annual guidelines, updating application materials, soliciting proposals, N
and facilitating project selection.
5. Encourage investment in South King County by private investors, ••
lenders, and philanthropies.
Indicators a,
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o Number of housing units or number of projects funded with financial support from SKHHP w
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o Number of housing units preserved with financial support from SKHHP °
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o Total dollar amount pooled by member jurisdictions for Housing Capital Fund a
o Total dollar amount from new sources of revenue added to the Housing Capital Fund O
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o Geographic diversity of applications received for annual Housing Capital Fund funding round °
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Resolution No. 2024-02 1°
April 19, 2024 Q
Page 3 of 7
Packet Pg. 28
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Goal 2
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Develop policies to expand and preserve affordable housing.
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Actions Priority of Actions
••• = Higher N
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•• = Medium a�
• = Lower o
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6. Facilitate implementation of any subregional housing preservation •••
strategies.
7. Facilitate technical assistance and updates to the Affordable Housing •••
Inventory Dashboard. _
8. Build relationships with developers to learn from their perspective the ••
ways to encourage housing development, especially affordable housing. o
9. Convene land use planners to increase coordination and collaboration L)
on housing policy and planning. _
10. Develop SKHHP Executive Board briefings on key housing and s
homelessness topics, especially as they relate to the goals of the work o
plan. M
Indicators o
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o Number of subregional housing preservation strategies facilitated or supported
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o Successful update of data to the Affordable Housing Inventory Dashboard
o Number of relationships built with developers
o Number of Executive Board briefings on key housing and homelessness topics m
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Resolution No. 2024-02
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April 19, 2024 Q
Page 4 of 7
Packet Pg. 29
4.D.a
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Goal 3
Serve as an advocate for South King County. a
Actions Priority of Actions
••• = Higher E
•• = Medium °
x
• = Lower
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11. Coordinate with the Advisory Board in collaboration with housing ••
organizations and stakeholder groups to provide education and c
engagement opportunities for elected officials and community x
members.
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12. Work collaboratively with public funders at the state and local levels to •• o
promote shared affordable housing goals and equitable geographic a,
distribution of resources. Y
13. Represent SKHHP at relevant local and regional meetings and forums r
that help advance SKHHP's mission and provide a voice for increasing �o
access to safe, healthy, and affordable housing in South King County. u,
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14. Meet with legislators as opportunities arise to inform about SKHHP's N
mission, goals, and the Housing Capital Fund. rn
15. Connect affordable housing developers with property owners who v
intend to sell naturally occurring affordable housing in coordination
with member cities. a,
Indicators m
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o Number of events or engagement opportunities Advisory Board members organize or °
support
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o Number of meetings, forums, or events attended that advance SKHHP's mission C
o Number of meetings with legislators that promote SKHHP and South King County c
°
o Number of affordable housing developers connected with property owners intending to sell
naturally occurring affordable housing a
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Resolution No.2024-02 f°
April 19, 2024 Q
Page 5 of 7
Packet Pg. 30
4.D.a
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Goal 4
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Manage operations and administration. a
Actions Priority of Actions N
••• = Higher
•• = Medium E
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• = Lower =
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16. Develop annual work plan and budget. •••
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17. Generate and distribute quarterly progress reports to SKHHP Executive ••• 3
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Board and member jurisdictions. _
18. Work with administering agency to maintain records and produce ••• c
regular financial reports for the SKHHP Housing Capital Fund and SKHHP
Operating Account.
19. Organize and host monthly Executive and Advisory Board public ••• Y
meetings. 3
20. Maintain and update the SKHHP website. •• 0
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Indicators N
o Work plan and budget adopted
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o Quarterly progress reports prepared and presented to Executive Board
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o Financial reports and public records maintained
o Monthly Executive and Advisory Board meetings held m
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o Website maintained 0
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Resolution No. 2024-02
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April 19, 2024 a
Page 6 of 7
Packet Pg. 31
4.D.a
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RESOLUTION 2024-02—ATTACHMENT B Y
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2025 SKHHP Operating Budget
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Estimated beginning fund balance-January 1, 2025 $ 344,131
Estimated ending fund balance - December 31, 2025 $ 285,588 a
REVENUES
Auburn $ 45,474 0
Burien $ 26,236
Covington $ 13,118 E
0
Des Moines $ 13,118 x
Federal Way $ 59,466 a
Kent $ 59,466
Maple Valley $ 13,118 c
Normandy Park $ 6,996
Renton $ 59,466
SeaTac $ 13,118 ti
Tukwila $ 13,118 c
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King County* $ 59,466
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Additional King County* $ 15,534 0
Office space (in-kind donation) $ 12,000 LO
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TOTAL REVENUES $ 409,694 N
Spend down balance $ 58,543 rn
TOTAL $ 468,237
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EXPENSES
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Salaries and benefits $ 320,611 w
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Interfund IT $ 35,000 0
Advisory Board compensation $ 14,400
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Office space (in-kind donation) $ 12,000 p
Professional services/Misc. $ 37,500
Travel $ 5,250
Supplies $ 2,000 a
Subtotal $ 426,761 0
Administering agency- 10% admin fee** $ 41,476 uO
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TOTAL $ 468,237 N
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*King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner Y
jurisdictions and the additional allocation decreasing to maintain a total contribution of$75,000 per year. N
**10%administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards.
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Resolution No. 2024-02 f°
April 19, 2024 Q
Page 7 of 7
Packet Pg. 32
4.E
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRE, Director
•
KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending KCC 4.06.200 Regarding Lake Meridian
Boat Launch Fee - Adopt
MOTION: I move to adopt Ordinance No. 4494, amending Section 4.06.200
of the Kent City Code regarding payment of boat launch fees at Lake
Meridian Park.
SUMMARY: There are two boat launches that provide public access to Lake
Meridian; one is operated by the Washington State Department of Fish and Wildlife
and the other is operated by the City of Kent Parks. The Washington State
Department of Fish and Wildlife boat launch fee is included in the cost of the state-
issued fishing licenses.
The City of Kent Parks began charging $5 per daily use and $50 per annual pass in
the fall of 2008. These fees have not been updated since, as they are codified in the
Kent City Code. Staff wishes to be able to update these fees via City Council
resolution. These updates can then occur with other miscellaneous fee updates
made by Council resolution, often in conjunction with budget adoption.
To collect these daily fees, the City installed a pay station at Lake Meridian. Boat
launch users can go to the Kent Commons Community Center and purchase
daily/annual passes there as well. The boat launch has generated approximately
$5,000 to $10,000 per year and the cost for services of the previous pay stations
ranged from $2,000 to $4,000 per year.
However, the City had to replace the pay station in 2018, 2019, and again in 2021
due to illicit activity, each costing the City approximately $10,000 per incident in
replacement costs. The pay station was again damaged in 2023, which led to Parks
Department staff exploring other avenues of collecting fees without installing
another pay station. Staff opted to start using a QR (quick response) code to collect
boat launch fees. Staff is requesting that the Kent City Code be amended to allow
users to retain only the electronic receipt for this payment.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 33
4.E
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Lake Meridian Motor-Powered Vessel Restrictions Ordinance - KCC 4.06.200
(PDF)
Packet Pg. 34
4.E.a
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ORDINANCE NO. 4494 Y
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AN ORDINANCE of the City Council of the a
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City of Kent, Washington, amending section
4.06.200 of the Kent City Code entitled, "Lake c
Meridian - Motor-powered vessel restrictions -
Water skiing and personal watercraft operation", to
implement paperless payment of boat launch fees
and to allow those fees to be set by resolution.
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RECITALS v
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A. The City manages one of two public boat launches at Lake
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Meridian Park. Boat launch users currently have the option of paying $5 per
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use or purchasing an annual pass for $50. The City initially installed a pay
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station to collect these fees. This pay station has since been damaged and
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destroyed multiple times.
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B. This ordinance removes the requirement for boat launch users
to display a physical receipt on their dashboard. Users will now be required
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to show an electronic receipt upon request. This will allow for paperless
payment of boat launch fees using a qR code posted at the site. a
C. This ordinance also makes amendments to provide that boat c
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launch fees will now be set by City Council resolution. This gives City staff o
the ability to request updates to these fees as part of the regular fee update
resolution without requesting changes to the Kent City Code by ordinance.
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1 Amend KCC 4.06.200 -
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. - Amendment - KCC 4.06.200. Section 4.06.200 of the
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Kent City Code entitled "Lake Meridian - Motor-powered vessel restrictions a�
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- Water skiing and personal watercraft operation", is amended as follows:
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Sec. 4.06.200. Lake Meridian - Motor-powered vessel
restrictions - Water skiing and personal watercraft operation.
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A. Generally. The following rules and regulations are adopted for the use
of motor-powered vessels on Lake Meridian: o
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1. It is unlawful to use or operate any vessel powered by motor o
power on Lake Meridian, except that vessels with the following engines will
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be permitted: Y
a. Water-cooled outboard engines of stock manufacture or
stock manufactured inboard engines with outboard drive units
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(inboard/outboards) which vent all exhaust gases through the lower drive 0
unit in conjunction with cooling water and/or vent at a point on the drive
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unit which is under water at all times; or water-cooled direct drive inboard N
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engines equipped with a muffler or silencer of sufficient size and capacity to
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effectively muffle and reduce noise similar to that of outboards and
inboard/outboards. This includes both propeller and jet propulsion
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watercraft. 3
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b. Air-cooled outboard or inboard engines of stock a
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manufacture rated by the manufacturer at ten (10) horsepower or less. 0
C. Electric fishing trolling motors.
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2. No vessel shall operate in excess of eight (8) miles per hour
after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five
(35) miles per hour from 9:00 a.m. to 6:00 p.m. N
3. Vessels exceeding speeds of eight (8) miles per hour shall o
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remain at least two hundred (200) feet from the shoreline and one hundred
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(100) feet from other vessels and swimmers and shall proceed around the a�
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lake in a counterclockwise direction.
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4. All vessels operating on Lake Meridian shall carry United States a
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Coast Guard approved personal flotation devices in good condition for each
person in the vessel.
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5. Motor-powered vessels operating after sundown shall be
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equipped with and have lit proper running lights.
6. The anchorage or moorage of unoccupied vessels is prohibited o
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except when tied to a pier or dock with the permission of the owner of the o
pier or dock. However, an unoccupied vessel may only be anchored or
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moored to a city pier or dock while the vessel's trailer is being parked or Y
retrieved.
7. No remote controlled vessels powered by internal combustion
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engines shall operate before 9:00 a.m. or after 6:00 p.m. Additionally, such 0
remote controlled vessels may only be operated in those areas as may be
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designated by the parks, recreation, and community services director, and N
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shall not be operated within one hundred (100) feet of any fishing pier,
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designated swimming area, or boat launch ramp and dock.
8. Skin diving is prohibited except as necessary for public
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employees and their agents or other authorized personnel to perform their 3
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duties or in the case of an emergency. a
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9. No person shall launch a vessel or personal watercraft off a 0
trailer and into Lake Meridian from the city-operated boat launch at Lake a
Meridian Park without first paying a launch fee On the angeunt of flee de",FS
($5) per launch, or an annual launch fee in the angeunt of fifty dollars , 0
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3 Amend KCC 4.06.200 -
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and providing the electronic receipt for this payment upon request.
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which the vessel er peFSenal wateFCraft was launched.
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The city council shall, N
by resolution, establish the fees to be assessed to implement and operate o
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the regulations adopted in this subsection. U
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B. Water skiing. The following regulations apply to all water skiing
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activities as defined in RCW 79A.60.010 including, but not limited to, being a
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towed behind a vessel on skis, an aquaplane, kneeboard, tube, or similar
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1. Water skiing on the lake at speeds up to and including eight (8)
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miles per hour is permitted any time between dawn and dusk.
2. Water skiing on the lake at speeds over eight (8) miles per hour o
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shall be limited to the hours of 9:00 a.m. to 6:00 p.m. o
3. It is unlawful to water ski within three hundred (300) feet of
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shore except as follows: Y
a. From privately owned shoreline, water skiers may start
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at and return to shore by means of the most expeditious route; C
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b. From city-owned shoreline, water skiers may start or 0
return (deep water start) from a distance of two hundred (200) feet or 0
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greater from shore but are prohibited from starting or stopping within two N
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hundred (200) feet of shore. For purposes of this provision, city-owned
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shoreline includes the swimming beach and boat launching areas of the park.
For purposes of starting at and returning to shore as authorized herein,
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water skiers may temporarily exceed the speed limit to eight (8) miles per 3
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hour. a
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4. All persons in vessels towing persons on water skis, tubes, 0
surfboards, or similar contrivance shall remain seated at all times.
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5. All operators of vessels having in tow or otherwise assisting a
person on water skis, tubes, surfboards, or similar contrivance shall comply
with KCC 4.06.060. o
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6. Regulations stated in this subsection shall not apply to vessels o
used in water ski tournaments, competitions, expositions, or trials therefor, L)
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which have been duly authorized by the city. a�
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C. Personal watercraft. In addition to RCW 79A.60.190 adopted in KCC a
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4.06.020, the following regulations shall apply to personal watercraft:
1. Personal watercraft may be operated on the lake at speeds up C
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to and including eight (8) miles per hour any day except during hours of
darkness. c
2. Personal watercraft may be operated on the lake at speeds in o
excess of eight (8) miles per hour only as follows: o
a. Between the hours of 12:00 noon and 6:00 p.m.;
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b. On even-numbered days of the calendar; and Y
C. From and including May 16 through and including
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September 15 of any year. C
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SECTION 2. - Severability. If any one or more section, subsection, 0
or sentence of this ordinance is held to be unconstitutional or invalid, such N
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decision shall not affect the validity of the remaining portion of this ordinance
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon 3
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approval of the city attorney, the city clerk and the code reviser are a
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authorized to make necessary corrections to this ordinance, including the 0
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations. ;,
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SECTION 4. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage as provided by law.
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June 18, 2024 Y
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DANA RALPH, MAYOR Date Approved
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ATTEST:
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June 18, 2024 0
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted r
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June 21, 2024
Date Published o
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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4.F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRE, Director
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KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Update to Fee Resolution to add Boat Launch Fee - Adopt
MOTION: I move to adopt Resolution No. 2072, authorizing fees for the use
of the boat launch at Lake Meridian Park.
SUMMARY: The City currently charges $5 per daily use and $50 per annual pass
for boat launch fees at Lake Meridian Park. This amount has not increased since the
adoption of these fees in 2008. This resolution updates the daily use fee to $8. The
annual pass will remain $50.
Revenue generated by the boat launch fee is used to assist with the City's operation
and maintenance costs associated with its boating facilities. This fee will be included
in the regular fee update resolution going forward.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. Fee Resolution KCC 4.60.200(A)(9) (PDF)
Packet Pg. 41
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RESOLUTION NO. 2072 a�
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A RESOLUTION of the City Council of the 0
City of Kent, Washington, adopting fees for the Lake
Meridian boat launch as required by Kent City Code
Section 4.06.200. 0 r
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RECITALS
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A. Through Resolution No. 1851, adopted December 13, 2011, the
City Council established and consolidated all development, business a
licensing, and other miscellaneous fees in one location. These fees are then N
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reviewed every few years for adjustments that may be appropriate due to
changes in regulatory laws, costs of operation, and other factors. The City
has made these fee adjustments at various times, the latest being adoption o
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of Resolution No. 2052, on December 13, 2022. Q
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B. Ordinance No. 4494 amends Section 4.06.200 of the Kent City Y
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Code to require that fees for the Lake Meridian boat launch be set by City °
Council resolution. This resolution is necessary to set these initial fees. W
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C. This resolution does not repeal Resolution No. 2052. The fees r
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established by this resolution will also be included in the next regular fee E
update resolution along with those provided for by Resolution No. 2052. a
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Launch Fee Adoption
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION o
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SECTION 1. - City of Kent Lake Meridian Boat Launch Fee Schedule.
Pursuant to KCC Section 4.06.200, the fees to be assessed for City of Kent
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Lake Meridian Boat Launch Fee Schedule are set forth in Exhibit A.
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SECTION 2. - Severability. If any one or more section, subsection,
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or sentence of this resolution is held to be unconstitutional or invalid, such °
decision shall not affect the validity of the remaining portion of this resolution
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk. Upon approval of the city o
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attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or D
subsection numbering; or references to other local, state, or federal laws,
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codes, rules, or regulations.
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SECTION 4. - Effective Date. This resolution shall take effect o
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immediately, and the new fees established herein shall be in force on July 4,
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June 18, 2024
DANA RALPH, MAYOR Date Approved 0
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Q
2 Lake Meridian Boat
Launch Fee Adoption
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APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY w
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Exhibit A
City of Kent Lake Meridian Boat Launch Fee Schedule
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Fee Type Fee:
Dail $8/da Q
Annual $50/ ear
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4.G
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRE, Director
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KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Resolution Authorizing Grant Applications with the
Recreation and Conservation Office - Uplands Playfield, and
Spray Park, Uplands Extension Acquisition, and Garrison
Creek Park - Adopt
MOTION: I move to adopt Resolution No. 2073, authorizing the signing and
submittal of grant applications to the Recreation and Conservation Office
to assist with the Uplands Playfield and Spray Park improvements, the
Uplands Extension Acquisition, and the Garrison Creek Park Renovation
Projects.
SUMMARY: This authorizing resolution is a required part of the application process
for applying for grants from the Washington State Recreation and Conservation
Office. This resolution allows staff to apply for funding for the specific projects
identified and supports a grant application that would assist with funding the
construction of Uplands Playfield and Spray Park, the Uplands Extension Acquisition,
and the Garrison Creek Park Renovation Projects.
BUDGET IMPACT: None relating to the application.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Uplands Playfield Spray Park Garrison Creek Park RCO Grant Resolution
(PDF)
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RESOLUTION NO. 2073 c�
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A RESOLUTION of the City Council of the Q
City of Kent, Washington, that: (1) authorizes the c
submission of applications for grant funding
assistance through the Recreation and Conservation o
Office; and (2) identifies Parks personnel and/or the
Mayor as the City's authorized representatives for
purposes of securing the grant and binding the City o
to the grant's terms and conditions. 7T.
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RECITALS '
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A. The City of Kent ("City") is working on the Uplands Playfield and
Spray Park 24-1703D, PRISM Number 24-1703D; Uplands Extension
Acquisition 24-1776A, PRISM Number 24-1776A; Garrison Creek Park 0
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Renovation 24-1815D, PRISM Number 24-1815D; and Community Outdoor Y
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Athletic Facilities Project 24-2112D, PRISM Number 24-2112D. a.
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B. The City considers it in the best public interest to complete the
projects described in the applications and to seek grant assistance through c
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the Washington Recreation and Conservation Office to aid in financing the
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cost of those projects. L
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: -a
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Recreation & Conservation Office Grants E
24-1703D; 24-1776A; 24-1815D; 24-2112D
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RESOLUTION
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SECTION 1. - Intent to Apply. The City has applied for or intends to °
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apply for funding assistance managed by the Washington Recreation and .2
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Conservation Office ("Office") for the Uplands Playfield and Spray Park 24- Q
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1703D, Uplands Extension Acquisition 24-1776A, Garrison Creek Park
Renovation 24-1815D, and Community Outdoor Athletic Facilities Project 24-
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2112D ("Projects"). o
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SECTION 2. - Authorized Representatives. The City authorizes the c
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following persons or persons holding specified titles/positions (and o
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subsequent holders of those titles/positions) to execute the following
documents bindingthe City on the above projects:
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Person Authorized to Sign�rant Documen Name of Signatory or Title of
Grant application (submission thereof) Brian Higgins, Parks Capital
Project Manager
Project contact (day-to-day administering Brian Higgins, Parks Capital
of the grant and communicating with the Project Manager p
RCO)
RCO Grant Agreement Dana Ralph, Mayor Y
(Agreement)Agreement/amendment a
Approver
Agreement amendments Dana Ralph, Mayor U
Authorizing property and real estate Dana Ralph, Mayor c
documents (Notice of Grant, Deed of L
Right or Assignment of Rights if
applicable).
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The above persons are considered an "authorized
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representative(s)/agent(s)" for purposes of the documents indicated. The
City shall comply with a request from the RCO to provide documentation of N
persons who may be authorized to execute documents related to the grant.
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Recreation & Conservation Office Grants E
24-1703D; 24-1776A; 24-1815D; 24-2112D
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SECTION 3. - Indemnification and Legal Venue Stipulation. The City o
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has reviewed the sample RCO Grant Agreement on the Recreation and 2
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Conservation Office's website at: https://rco.wa.gov/wp- a
content/uploads/2019/06/SampleProjAgreement.pdf. We understand and L
acknowledge that if offered an agreement to sign in the future, it will contain
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an indemnification and legal venue stipulation and other terms and conditions
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substantially in the form contained in the sample Agreement and that such
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terms and conditions of any signed Agreement shall be legally binding on the c
sponsor if our representative/agent enters into an Agreement on our behalf.
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The Office reserves the right to revise the Agreement prior to execution.
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SECTION 4. - Legal Authority. The City acknowledges and warrants,
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after conferring with its legal counsel, that its authorized
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rep resentative(s)/agent(s) identified above have full legal authority to act and 0
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sign on behalf of the City for their assigned role/document.
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SECTION 5. - Contingent Funding. Grant assistance is contingent on 0
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a signed agreement. Entering into any Agreement with the Office is purely Y
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voluntary on the City's part. a.
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SECTION 6. - Varying Policies and Requirements. The City c
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understands that grant policies and requirements vary depending on the
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grant program applied to, the grant program and source of funding in the L
Agreement, the characteristics of the project, and the characteristics of the
City. N
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SECTION 7. - Acknowledgement. The City further understands that
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prior to our authorized representative(s)/agent(s) executing any of the
documents listed above, the RCO may make revisions to its sample a
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Recreation & Conservation Office Grants E
24-1703D; 24-1776A; 24-1815D; 24-2112D
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Agreement and that such revisions could include the indemnification and the 3
legal venue stipulation. The City accepts the legal obligation that we shall, o
prior to execution of the Agreement(s), confer with our authorized 2
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representative(s)/agent(s) as to any revisions to the project Agreement from a
that of the sample Agreement. We also acknowledge and accept that if our L
authorized representative(s)/agent(s) executes the Agreement(s) with any
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such revisions, all terms and conditions of the executed Agreement shall be
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conclusively deemed to be executed with our authorization.
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SECTION 8. - Allowable Costs. Any grant assistance received will be
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used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above. M
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SECTION 9. - Funding Match. If match is required for the grant, we o
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understand the City must certify the availability of match at least one month 0
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before funding approval. In addition, the City understands it is responsible
for supporting all non-cash matching share commitments to this project
should they not materialize. O
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SECTION 10. - Reimbursement Basis. The City acknowledges that if Y
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it receives grant funds managed by the Office, the Office will pay us on only
a reimbursement basis. We understand reimbursement basis means that we c
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will only request payment from the Office after we incur grant eligible and
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allowable costs and pay them. The Office may also determine an amount of L
retainage and hold that amount until all project deliverables, grant reports,
or other responsibilities are complete. N
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SECTION 11. - Purpose of Acquired Property. The City acknowledges
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that any property acquired with grant assistance must be dedicated for the
purposes of the grant in perpetuity unless otherwise agreed to in writing by a
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Recreation & Conservation Office Grants t
24-1703D; 24-1776A; 24-1815D; 24-2112D
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The City and the Office. We agree to dedicate the property in a signed 'Deed
of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee o
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acquisitions (which documents will be based upon the Office's standard
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versions of those documents), to be recorded on the title of the property with Q
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the county auditor. The City acknowledges that any property acquired in fee
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title must be immediately made available to the public unless otherwise
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provided for in policy, the Agreement, or authorized in writing by the Office :L
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Director.
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SECTION 12. - Purpose of Property Owned by City. The City
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acknowledges that any property owned by the City that is developed,
renovated, enhanced, or restored with grant assistance must be dedicated M
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for the purpose of the grant in perpetuity unless otherwise allowed by grant S
program policy, or Office in writing and per the Agreement or an amendment 0
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thereto. 0
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SECTION 13. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to the Office. 0
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SECTION 14. - Certification. The City warrants and certifies that this Y
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resolution was properly and lawfully adopted following the requirements of
the City and applicable laws and policies, and that the City has full legal c
authority to commit itself to the warranties, certifications, promises and
obligations set forth herein. L
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SECTION 1S. - Effective Date and Approval. This resolution will take
effect immediately and is signed and approved by the Mayor through a
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majority vote of the City Council for the City of Kent. A copy of this resolution
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is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA.
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Recreation & Conservation Office Grants t
24-1703D; 24-1776A; 24-1815D; 24-2112D
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June 18, 2024 L
DANA RALPH, MAYOR Date Approved
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ATTEST: t
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June 18, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N
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APPROVED AS TO FORM: c
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TAMMY WHITE, CITY ATTORNEY N
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4.H
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement with KBA, Inc. for South
218th Street Project - Authorize
MOTION: I Move to authorize the Mayor to sign the Consultant Services
Agreement with KBA, Inc., subject to final terms and conditions acceptable
to the Public Works Director and City Attorney.
SUMMARY: The South 218th Street - 981" Avenue South from 94t" Place South to
South 216t" Street project is a federally funded project that will widen the existing
street to three lanes; add shoulders, planter strips, concrete sidewalk, lighting,
retaining walls, and a roundabout at the South 216t" Street/98t" Avenue South
intersection; reroute existing overhead utilities to underground; and install new
water mains, new storm drainage, new sanitary sewer main and other related work.
The consultant services agreement is needed to provide a resident engineer,
inspector, and subconsultants to perform contract administration, construction
management, quality control, and inspection on this federally funded project.
Through the selection process, following WSDOT Local Agency Guidelines, KBA, Inc.
was selected to provide these services, while City staff manage existing
construction projects.
BUDGET IMPACT: This project (including this agreement) will be paid for using
Federal Highway grant funds, Move Ahead Washington Act state transportation
funding, Traffic Impact Fees, Street Fund monies and Local Improvement District
#363 payments.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Consultant Services Agreement with KBA for S 218th Street - 98th Avenue
(PDF)
Packet Pg. 53
4.H.a
Local Agency Professional Services
Negotiated Hourly Rate Consultant Agreemen 6
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Agreement Number: LA10844 Does this Require DES filing? ❑ Yes ❑ No Q
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Firm/Organization Legal Name (do not use dba's):
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KBA, Inc.
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Address Federal Aid Number E
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11201 SE 8th Street, Suite 160, Bellevue, WA 98004 HIPUL-CRRSAA-STBGUL-HLP-9917(045)
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UBI Number Federal TIN N
as
601-426-427 91-181416
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Execution Date Completion Date U)
12/31/2025 r
1099 Form Required Federal Participation
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❑ Yes ❑✓ No Yes ❑ No v
Project Title
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S 218th Street/98th Avenue S from 94th Place S to S 216th Street
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Description of Work
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The Consultant shall provide Construction Management services for the S 218th Street/98th Avenue S from Q
94th Place S to S 216th Street project. The services will include consultation, contract administration, field
observation, documentation and material testing. For a description, see the Consultant's Scope of Work, which 'C'no
is attached as Exhibit A and incorporated by this reference.
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❑ Yes % Y❑� No DBE Participation Maximum Amount Payable: $975,226 �
❑ Yes % No MBE Participation 3
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❑ Yes % ❑✓ No WBE Participation
❑ Yes % ❑✓ No SBE Participation m
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Q
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
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Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations N
Exhibit E Sub-consultant Cost Computations c
Exhibit F Title VI Assurances v
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Exhibit G Certification Documents
Exhibit H Liability Insurance Increase E
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures Q
Agreement Number: LA 10844
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 54
Agreement Revised 0313012021
4.H.a
THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this
AGREEMENT, between the City of Kent
hereinafter called the "AGENCY," and the "Finn/Organization Name"referenced on page one (1) of this v�
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AGREEMENT, hereinafter called the "CONSULTANT." °
WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) Y
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the requires
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provid 3
the necessary SERVICES; and
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WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to a
the AGENCY. a
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, �n
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
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The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and �?
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
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II. Scope of Work Q
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached 00
hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing
performance based contracting methodologies. L
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III. General Requirements 00
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All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall cn
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or ,o
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, m
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, Y
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT 3
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
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The CONSULTANT shall prepare a monthly progress report, in a forma roved b the AGENCY which will
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outline in written and graphical form the various phases and the order of performance of the SERVICES in a
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, in
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Stat
of Washington.
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Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 55
Agreement Revised 0313012021
4.H.a
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be �
L
shown on Exhibit`B" attached hereto and by this reference made part of this AGREEMENT. If the Prime °
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation m
outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total
amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS 3
perform a minimum of 30% of the total amount of this AGREEMENT. c
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In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms d
maximum practicable opportunities. a,
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The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. r-
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C—
Preparation and Delivery of Electronic Engineering and other Data." c
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All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for o
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
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Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
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party by (i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: 0
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If to AGENCY: If to CONSULTANT: co
Name: Jason Barry Name: Cameron Bloomer o
Agency: City of Kent Agency: KBA, Inc. N
Address: 220 4th Avenue S Address: 11201 SE 8th Street, Suite 160 2
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City: Kent State: WA Zip: 98032 City: Bellevue State: WA Zip: 98004 a
Email: jbarry@kentwa.gov Email: cbloomer@kbacm.com m
Phone: (253) 856-5546 Phone: (425) 455-9720
Facsimile: (253) 856-6500 Facsimile: (425)455-9732 3
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing a,
by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES) a
pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the
AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor
payment made until ten(10) or more working days following the date of filing, and until approved by DES. Any cn
subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All
work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled y
"Completion Date." c
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The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the establishes a
completion time. Agreement Number: LA10844
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 56
Agreement Revised 0313012021
4.H.a
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT vi
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES °
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. m
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). Y
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate, 3
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and"E" attached hereto and by reference made part of this E
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall a
be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment 140)
shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates .2
shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days
following the CONSULTANT's fiscal year end(FYE) date. c
The direct(raw) labor rates and classifications, as shown on Exhibits "D" and"E" shall be subject to N
renegotiations for each subsequent twelve (12) month period(180 days following FYE date to 180 days c
following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must v
be made to the other party within ninety(90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct(raw) labor rates and classifications as shown on Exhibits "D" and
"E", will remain in effect for the twelve (12) month period.
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Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct(raw) labor rates and classifications that will be applicable for the twelve (12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement a
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, ,
this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and L
classifications to aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates in
and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to
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determine the CONSULTANT's actual costs. The audit findings will establish the direct(raw) labor rates and N
classifications that will be applicable for the twelve (12) month period. �
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The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life a
of the AGREEMENT. 00
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The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of 3
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in a
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during a
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of 2
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect Cn
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a
final written acknowledgement. °
The CONSULTANT shall maintain and have accessible support data for verification of the components of the c
hourly rates, i.e., direct(raw) labor, indirect cost rate, and fee (profit)percentage. The CONSULTANT shall 0
bill each employee's actual classification, and actual salary plus indirect cost rate plus fee.
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Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 57
Agreement Revised 0313012021
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B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include, but are not limited to, the following items: travel,printing, long distance telephone,
supplies, computer charges. The CONSULTANT shall comply with the rules and regulations regarding travel N
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costs (excluding air, train, and rental car costs) in accordance with the WSDOT'S Accounting Manual M 13- °
82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall m
be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The s
billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with these 3
SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of
the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be
necessary for the SERVICES provided under this AGREEMENT. L
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C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under a
this AGREEMENT shall not exceed the amount shown in the headingof this AGREEMENT on page one L
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The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra
Work."No minimum amount payable is guaranteed under this AGREEMENT. W
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates N
established in Exhibit"D," including names and classifications of all employees, and billings for all direct non- v
salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,
the AGENCY may conduct employee interviews. These interviews may consist of recording the names, o
titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of
the interview.
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E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be a
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
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AGREEMENT, contingent upon receipt of all PS&E,plans, maps, notes, reports, electronic data, and other a
related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final a�
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT 2
may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to 0
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may N
pursue with respect to such claims. c
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The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time a
of final audit all required adjustments will be made and reflected in a final payment. In the event that such final Y
audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute 3
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. Per the WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"the a)
CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process a
to the AGENCY for audit findings.
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F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six(6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upol
these records with the following exception: if any litigation, claim or audit arising out of, in connection with, °
or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed. v
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
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State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. E
Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 58
Agreement Revised 0313012021
4.H.a
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by vi
this reference made part of this AGREEMENT. °
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without Y
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship. 3
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Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached E
hereto and by this reference made part of this AGREEMENT. i
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each Task Order y
unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be in
negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized
in a final written acknowledgement between the parties.
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All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require v
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's o
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
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The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable a
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
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CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result 0
in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. co
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VII. Employment and Organizational Conflict of Interest
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The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona N
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or c
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any Q
fee, commission,percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the Y
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annu
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this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration 3
or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. a
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Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the a
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made .2
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligatioi
and responsibility of the CONSULTANT. °
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this c
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this v
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly a
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 59
Agreement Revised 0313012021
4.H.a
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, vi
subcontractors and successors in interest, agrees to comply with the following laws and regulations: °
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 m
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) Y
through 2000d-4a) • American with Disabilities Act of 1990 3
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 E
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• Rehabilitation Act of 1973 • 49 CFR Part 21 a,
(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26
• Age Discrimination Act of 1975
RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
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In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit
"F" in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the
Regulations or directives issued pursuant thereto. ci
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
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In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
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CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT. 2
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No payment shall be made for any SERVICES completed after ten(10) days following receipt by the
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CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notio N
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for a
any excess paid. Y
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT 3
the above formula for payment shall not apply. �.
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In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the E
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to a
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES in
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
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If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to v
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 60
Agreement Revised 0313012021
4.H.a
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. N
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or °
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The m
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT s
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(-,; 3
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT =
as set forth in the second and third paragraphs of this section. E
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Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of a,
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the w
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those right;
with respect to any future act or omission by the CONSULTANT. CP
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X. Changes of Work N
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as ci
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed of
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
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XI. Disputes
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Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the in
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under 00
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or �
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proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior ,0
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto m
agree that all questions shall be resolved by application of Washington law and that the parties have the right of Y
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The 3
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations a
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under thi
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State co
of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE), the AGENCY and their
officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part v
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 61
Agreement Revised 0313012021
4.H.a
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and/or the AGENCY, their N
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agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom °
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused m
by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, s
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legall 3
liable, and(b) the STATE and/or the AGENCY, its agents, officers, employees, sub-consultants, subcontractors c
and or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable,
the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's a)
negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or a
vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall
be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of 2
any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers o
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the N
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, c
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's ..
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or 3
communicated to STATE and/or the AGENCY, its agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly a
improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or
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inventions resulting from STATE's and/or the AGENCY'S, their agents', officers' and employees' failure to comply 0
with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
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any other persons for whom the CONSULTANT may be legally liable.
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The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. N
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole 0
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and m
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or Y
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. 3
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 a,
RCW. This waiver has been mutually negotiated by the Parties. a
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contrac c
administration. By providing such assistance, the CONSULT ANT shall assume no responsibility for: proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents. °
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The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 62
Agreement Revised 0313012021
4.H.a
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE. vn
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimur ,o
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the m
aggregate for each policy period. Y
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for '3
any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single
limit for each occurrence. E
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Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
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AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- a
consultant and/or subcontractor as an additional insured(the "AIs"), with no restrictions or limitations concerning 2
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and in
any coverage maintained by the Als shall be excess over, and shall not contribute with, the additional insured c
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall 20
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to v
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the
execution of this AGREEMENT to:
Name: Jason Barry a
Agency: City of Kent a
Address: 220 4th Avenue S
City: Kent State: WA Zip: 98032
Email: jbarry@kentwa.gov in
Phone: (253) 856-5546
Facsimile: (253) 856-6500 �
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No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. .°
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to Y
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability 3
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to a
third parties be limited in any way. E
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, a
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is ca
available to it under other provisions of this AGREEMENT, or otherwise in law.
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Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 63
Agreement Revised 0313012021
4.H.a
XIII. Extra Work
A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENI v6
in the SERVICES to be performed. `o
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance m
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise Y
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affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment 3
in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms
and shall modify this AGREEMENT accordingly. E
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C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCI a
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
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D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement 0
to this AGREEMENT.
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XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them. a
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XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress. co
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XVI. Certification of the Consultant and the AGENCY C4
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Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit °
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Y
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's 3
over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and E
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III
"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. a
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the c
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or °
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, o y
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement v
to this AGREEMENT.
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Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 64
Agreement Revised 0313012021
4.H.a
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed vi
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, °
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material m
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and Y
conditions thereof.
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XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt a
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, C%
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE c
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of v
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest 14
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge,publish, transfer, c'
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent a
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have a
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information. 2
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Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
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option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential N
Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii) take whatever other CO
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. °
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As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: Y
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential 3
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall E
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
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The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information a
collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination o
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
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It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which c
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the v
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall E
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 65
Agreement Revised 0313012021
4.H.a
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to v6
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include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully .°
disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; m
(iii) is independently developed by or for the other parry; (iv) is publicly known; or(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. 3
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure E
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ a
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a a,
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or y
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that sucl U
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the CO.
AGENCY will release the requested information on the date specified. o
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the U
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, Q
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information. t
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XIX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years CO
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" N
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place Cn
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of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall 0
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until m
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6)year retention period. 3
For purposes of this AGREEMENT, "documents"means every writing or record of every type and description,
including electronically stored information("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, a,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten a
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays,photographs, minutes of meetings,
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or co
telephone conversations, and any and all other taped, recorded, written,printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the 5
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original c
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. v
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Agreement Number: LA10844 Q
Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 66
Agreement Revised 0313012021
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For purposes of this AGREEMENT, `BSI"means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation v�
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stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe 2
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the m
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other
3
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home. E
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"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normall3 a,
created, viewed, and/or modified. y
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The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into
in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
in writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one (1) of this AGREEMENT. v
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Signature Date
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Signature Date N
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office Y
of the Attorney General.
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Agreement Number: LA10844 Q
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Agreement Revised 0313012021
4.H.a
Exhibit A
Scope of Wor) 6
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Project No. 17-3010
See Attached
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Agreement Number: LA 10844 Q
Exhibit A-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 031301202 Packet Pg. 68
4.H.a
KBA, Inc. 5/2/2024
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EXHIBIT A
SCOPE OF SERVICES m
for Y
LID 363: S 2181 Street/981 Avenue S from 941 Place S to S 2161 Street 3
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KBA, Inc. (Consultant)will provide Construction Management(CM)services to the City of Kent(Client), for 00)
the project known as LID 363: S 218t' Street/98t'' Avenue S 94t' Place S to S 2161 Street (Project). a,
These services will include consultation, contract administration, field observation, documentation, and Q
material testing, as required during the construction of the Project, as detailed below.
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Project Description: This project consists of widening the existing roadway to three lanes, adding
shoulders, planter strips, curb and gutter, concrete sidewalk, lighting, retaining walls, a roundabout at the U)
S 2161"St/981"Ave S intersection, undergrounding existing power lines,watermain, storm drainage, sanitary
sewer, and other related work items. The Designer of Records is the City of Kent, (Designer)
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I. CONSTRUCTION MANAGEMENT SERVICES v
A. Consultant Contract and Team Management: Provide overall day-to-day management of the
Consultant contract and Team, including:
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1. Decide on best modes and frequency of communication with Client and Designer. Liaison and
coordinate with Client on a regular basis to discuss Project issues and status. Q
2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants, if any. 00
Organize and layout work for Consultant Team. Orient Client-provided Inspectors to Consultant },
inspection procedures and documentation.
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3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to z
Client monthly, an invoice and progress report describing services provided that period. o
Prepare and submit reporting required by funding source(s), if any.
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4. Communication on Consultant contractual issues will be with the Client. The Client will be an ,o
active member of the Project Team, consulted on design issues, and will be provided with m
information affecting Project progress. Y
Deliverables 3
• Monthly invoices and progress reports
• Reporting required by funding source(s), if any
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B. Preconstruction Services a
1. Review Contract Documents to familiarize team with Project requirements.
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2. Organize and lead preconstruction conference: r
a. Prepare and distribute notices.
b. Prepare agenda.
c. Conduct the meeting. c
d. Prepare and distribute meeting notes to attendees and affected agencies. o
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3. Provide one set of preconstruction photographs.
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1 of 7 a
Packet Pg. 69
4.H.a
KBA, Inc. 5/2/2024
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Deliverables o
• Preconstruction Conference Notice, Agenda, and Notes a
• Preconstruction photos, digital files on electronic storage medium Y
C. Construction Phase Services — Contract Administration 3
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1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent
property owners, and utilities. E
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2. Provide the Client with weekly email update with high-level bulleted construction progress a,
information. Update to include photos as requested by Client. Q
3. Schedule Review:
a. Review construction contractor's schedules for compliance with Contract Documents.
b. Monitor the construction contractor's conformance to schedule and request revised
schedules when needed. Advise Client of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes °
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and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the --
construction contractor, for general conformance to the Contract Documents.
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6. Record of Materials. Maintain records of material compliance documentation received and
advise Client of any known deficiencies. Q
7. Prepare weekly statement of working days and distribute to the Client and Contractor. 00
8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
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9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent N
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estimate for change orders. Facilitate resolution of change orders. 00
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10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment N
requests submitted by construction contractor for comparison and reconcile differences. c
Review with Client and construction contractor and recommend approval, as appropriate.
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a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the m
Contract Price allocations and verify that such allocations are made in accordance with the
requirements of the Contract Documents. 3
11. Notify construction contractor of work found in noncompliance with the requirements of the
contract. E
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12. Assist the Client in the investigation of malfunctions or failures observed during construction.
13. Public Information. Provide information for Client to prepare media communications and public a
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notices on Project status. Provide information for Client's inclusion into a Project website and/or
newsletter, if requested.
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14. Record Drawings. Review not less than monthly, the construction contractor's redline set of cn
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location
of discovered anomalies and other items, as encountered by Consultant Team. Use these
markups to check the progress of the Contractor-prepared Record Drawings. u3i
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15. Document Control. Establish and maintain document filing and tracking systems, following U
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare c
documentation on the Project.
2 of 7 Q
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KBA, Inc. 5/2/2024
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a. Electronic documentation will be stored in a Project Website, using Autodesk Construction °
Cloud, managed and hosted by the Consultant. The Client will be provided with licenses Q
for their and the construction contractor's use of the website during the Project. Consultant Y
will provide one training session for Client and construction contractor users of the
Autodesk Construction Cloud Document Management System, and ongoing support, as 3
needed.
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b. The Project website will transition to"read-only"access upon expiration of the Agreement, E
or upon project completion and transfer of final records, whichever occurs first.
Transference of final records will include a digital copy of the files stored in the Project a,
website. Access to the website will expire 60 days after transference of final records. Q
16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, U
maintain a log documenting the following: the State's Confidential Information received in the
performance of this AGREEMENT; the purpose(s) for which the State's Confidential v)
Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information.
17. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of
Substantial, Physical, and Final Completion for Client approval and signature, to include punch 0
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list. Prepare final pay estimate for Client approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the Client for its
archiving at final acceptance of the Project. Should Consultant's work end prior to full --
completion of the Project, its records will be transferred to the Client prior to departure from the
Project. Records will consist of hard copy originals and electronic records on electronic storage =
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medium. >
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Deliverables 000
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• Weekly email Construction Progress Update
• Schedule Review Comments
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• Meeting Agendas and Notes in
• Submittal Log
• Record of Materials co
• RFI Log N
• Change Order(s) c
• Progress Pay Requests '0
• Certificate Letters of Completion m
• Final records—hard copy(if applicable) and electronic Y
D. Construction Phase Services — Field 3
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1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence
to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-
05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. Q
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2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non-conforming work observed
during site visits. in
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3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as
actually observed by the Consultant; includes estimated quantities of work placed that day,
contractor's equipment and crews, photos of work performed, and other pertinent information. c
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4. Interpret Construction Contract Documents, in coordination with Designer. v
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5. Evaluate and report to Client issues that may arise as to the quality and acceptability of material °
furnished, work performed, and rate of progress of work performed by the construction a
contractor. Y
6. Establish communications with adjacent property owners. Respond to questions from property
owners and the general public. 3
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7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable. aEi
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8. Prepare field records, daily reports of force account worked, and other payment source a,
documents to help facilitate administration of the Project in accordance with funding agency Q
requirements.
9. Attend and actively participate in regular on-site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be labeled
and organized in accordance with Client protocol.
11. Punch List. Upon substantial completion of work, coordinate with the Client and affected ,3n
agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final o
inspection with those agencies. L?
12. Testing. Conduct, materials and laboratory tests. Coordinate the work of the Field
Representative(s) and testing laboratories in the observation and testing of materials used in v
the construction; document and evaluate results of testing; and inform Client and construction
contractor of deficiencies. '
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Deliverables Q
• IDRs with Project photos—submitted on a weekly basis 00
• Field Note Records and Daily Reports of Force Account Worked
• Additional Project photos not included in IDRs
• Punch List(s) ;
• Test reports N
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E. Assumptions N
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1. Budget: '0
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a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant Y
services are budgeted for a 12-month period, from June 2024 through May 2025. This is
intended to span the originally planned construction duration of 200 contractor working 3
days, plus time allotted for Project setup and closeout. Some Overtime has been figured
into the budget during busier months.
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b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover instances, including but not limited to the following, Client and Consultant a
will negotiate a Supplement to this Agreement: y
i. The contractor's schedule requires inspection coverage of extra crews and shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks. r
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iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms
as outlined in Section V of the LAG Agreement. N
c. The work is anticipated to be performed during daytime hours. Should night work be c
necessary, a 15 percent differential for labor will be applied to all night shift hours worked v
by Consultant's employees.
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d. If Consultant provides their own construction field office, Client will reimburse Consultant °
for all office costs, including lease and/or rental of space, equipment, utilities, and Q
insurance. Y
e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes
only. The budget may be transferred between tasks or people, or between labor and 3
expenses, provided the total contracted amount is not exceeded without prior c
authorization. E
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f. The budget assumes that Consultant's standard forms, logs, and processes will be used L
on the Project website. Any customization to meet specialized Client requirements will be Q
Extra Work.
g. Should Consultant's level of effort extend beyond the time period detailed in the attached
Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1,
with 30-day written notice to Agency. },
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2. Items and Services Client will provide:
a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and
distribute meeting notes from pre-bid meeting(s), if any. Lj
b. Field office, including:
i. workstations (desk, chair, and storage)for 3 staff
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color, r_
and of business quality Q
iv. miscellaneous office supplies
v. utilities and sanitary facilities 0)
c. Retain Engineer of Record for shop drawing review, RFls,design changes, and final record
drawings.
d. Coordination with and enforcement of utility franchise agreements and/or contracts and z
schedules for services related to this Project. co
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e. Verify that the required permits, bonds, and insurance have been obtained and submitted N
by the construction contractor. Obtain all permits not required to be provided by `o
construction contractor. Q
f. Construction Survey. Provide project control survey and staking that is not already Y
assigned to the construction contractor.
3. Scope: 3
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a. The Autodesk Construction Cloud tool being used on this Project is proprietary to the
Consultant (KBA, Inc.), and may not be used by any other party or on any other project
without the written permission and involvement of KBA, Inc.
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b. Constructability Review of design documents will be for constructability, for general 0
conformance with the design concept, and for contradictions and inconsistencies between 0)
the various parts of the design documents. This review will not include review of the
accuracy or completeness of details, such as quantities, dimensions, weights, gauges, or in
fabrication processes; and will not include quantity takeoffs.
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c. Consultant will provide observation services for the days/hours that its' Inspector(s)
personnel is/are on-site. The Inspector(s)will not be able to observe or report construction
activities, or collect documentation, during the time they are not on-site. G
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d. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the other
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remedies in the interests of the Client, as detailed in the Contract Documents. The 0
Consultant cannot guarantee the construction contractor's performance, and it is a
understood that Consultant shall assume no responsibility for proper construction means, Y
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or 3
Client's expectations. r
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e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is E
synonymous with "construction observation," and reference to the "Inspector" role is
synonymous with "Field Representative," and means: performing on-site observations of a,
the progress and quality of the Work and determining, in general, if the Work is being Q
performed in conformance with the Contract Documents; and notifying the Client if Work
does not conform to the Contract Documents or requires special inspection or testing. •2
Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified },
inspector who provides a certified inspection report in accordance with an established
standard.
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f. Because of the prior use of the Project site, there is a possibility of the presence of toxic or 0
hazardous materials. Consultant shall have no responsibility for the discovery, presence, U
handling, removal or disposal of toxic or hazardous materials, or for exposure of persons
to toxic or hazardous materials in any form at the Project site, including but not limited to 0
asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If
the Consultant suspects the presence of hazardous materials, they will notify the Client
immediately for resolution. _
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g. Review of Shop Drawings, samples, and other submittals will be for general conformance Q
with the design concept and general compliance with the requirements of the contract for
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construction. Such review will not relieve the Contractor from its responsibility for CD
performance in accordance with the contract for construction, nor is such review a
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies, or omissions. y
h. Any opinions of probable construction cost provided by the Consultant will be on the basis
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of experience and professional judgment. However, since Consultant has no control over N
competitive bidding or market conditions, the Consultant cannot and does not warrant that cn
bids or ultimate construction costs will not vary from these opinions of probable `0
construction costs. Q
i. Quantity takeoffs and calculated quantities are for the purpose of comparing with Y
Designer's and/or bidders' quantities and are not a guarantee of final quantities.
j. Development of construction schedules and/or sequencing, and/or reviewing and 3
commenting on contractor's schedules, is for the purpose of estimating number of days to m
complete a project, for identifying potential schedule and coordination challenges, and E
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determining compliance with the construction contract. It is not a guarantee that a a),
construction contractor will complete the Project in that sequence or timeline, as means
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and methods are the responsibility of the construction contractor.
k. Consultant is not responsible for any costs, claims or judgments arising from or in any way
connected with errors, omissions, conflicts or ambiguities in the Contract Documents cn
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for their
timely completion by others.
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I. If Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based only
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on the information presented to them, and need engineering analysis by the Designer to °
verify; Consultant is not responsible for the final design product. Q
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m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. 1
n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. 3
o. Services provided by the Consultant under this Agreement will be performed in a manner r_
consistent with that degree of care and skill ordinarily exercised by members of the same E
profession currently practicing under similar circumstances, in the same geographical
area and time period. a,
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p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a
fiduciary duty owed by either party to the other. Consultant makes no warranties,
guarantees, express or implied, under this Agreement or otherwise in connection with
Consultant's services. v)
q. Client agrees that Consultant will not be held liable for the completeness, correctness, r
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's U
knowledge.
r. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant's own negligence.
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s. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement,
KBA will perform services under the following assumptions, and such assumptions are
assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE Q
will identify each and any item considered to be "State's Confidential Information" as
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confidential", as detailed below. Any information received by CONSULTANT that is not a�
so labeled, will be assumed by CONSULTANT to not be "State's Confidential
Information". CONSULTANT will return all items pre-identified as State's Confidential
Information, to the AGENCY, and will not be required to take any other steps to protect y
that information.
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II. OPTIONAL SERVICES N
All services not detailed above, are considered Optional Services, which, along with any other Extra Work ,o
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement Q
is executed, specifying scope of services and budget. m
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Exhibit B
DBE Participation Plat 6
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Agreement Number: LA 10844 Q
Exhibit B-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 76
4.H.a
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Dati ,6
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In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following: 3
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I. Surveying, Roadway Design & Plans Preparation Section E
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A. Survey Data a,
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B. Roadway Design Files
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Agreement Number: LA 10844 Q
Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 77
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D. Specify the Agency's Right to Review Product with the Consultant
N/A
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E. Specify the Electronic Deliverables to Be Provided to the Agency U)
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See Exhibit A - Scope of Services °
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F. Specify What Agency Furnished Services and Information Is to Be Provided in
See Exhibit A - Scope of Services CO
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Agreement Number: LA 10844 Q
Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 78
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IL Any Other Electronic Files to Be Provided
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11I. Methods to Electronically Exchange Data
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On-going project correspondence will be provided via email and hard copy format during the life of the
agreement. Deliverables will be provided via hard copy or electronic storage medium at closeout. z
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4.H.a
A. Agency Software Suite
Microsoft Office Suite, Autodesk Build
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C. File Transfers Format in
At project completion, hard copy records will be transferred to Client and electronic records will be co
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transferred via electronic storage medium (thumb drive). N
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Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 80
4.H.a
Exhibit D
Prime Consultant Cost Computation: ,6
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See Attached CO
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Agreement Number: LA 10844 Q
Exhibit D-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 81
4.H.a
S 218th St- 98th Ave S from 94th PI S to S AUG P B .. .
JUN JUL OCT NOV DEC JAN c
_ 216th St 0 1 1 1 1 1 � 1 1 ,. •, r
�� City of Kent Working Days/Month 20 22 22 20 23 19 21 22 20 21 22 21 N
Hours/Month 160 176 176 160 184 1S2 168 176 160 168 176 168 0
KBAJob No. Enter KBA Project No. Overtime Utilization% 12% 12% 12% 12% 11% 10% 4% 6% 8% 10% 11% 12% ()
Cost+Net fee(on DSC Only) Regular+OT Hours/Month 179 197 197 179 204 167 175 187 173 185 195 188 '
Prepared On:5/15/2024
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Project Schedule Ir -t-
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CTION
July 12025 CONSTRUCTION-200
3
11 Working Days Elf=
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2024 2025
HoursVehicle ToZ--`J1 JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY
KBA
2024 20241 124 2024 20241 125 2025 2025 / 00
Rate Rate 0 rn
H Paul Garrett M003 Manager III None 01.00 $ 95.40 $ 100.17 8 2 2 2 2 1
H Cameron Bloomer E005 Engineer V None 01.00 $ 82.00 $ 86.10 96 8 8 8 8 8 8 8 8 8 8 8 8 12)
F Cameron Bloomer E005 Engineer V None 02.00 $ 82.00 $ 86.10 - L
H Erica Dougherty E004 Engineer IV None 01.00 $ 70.00 $ 73.50 32 8 8 8 8 (n
H Jean Peabody A003 Administrator III None 01.00 $ 38.00 $ 39.90 36 3 3 3 3 3 3 3 3 3 3 3 3
H Sean Flint T006 Technical Representative VI 4D-SUV 03.00 $ 75.60 $ 75.60 120 120 00
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F Sean Flint T006 Technical Representative VI 4D-SUV 02.00 $ 75.60 $ 75.60 1,816 176 184 168 192 152 168 176 160 176 184 80 N
F Pascal Cyambarantama E003 Engineer III 4D-SUV 02.00 $ 55.56 $ 58.34 1,712 40 176 184 168 184 152 128 136 160 168 176 40 (n
Subtotal-KBA Labor Hour�� 1181 363 379 347 397 31S 307L.
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DE KBA Field Vehicle Monthly 4-Door SUN $ 1,159,20 26,430 11855 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 1,391
DE Internet 2200, 200 200 200 200 200 200 200 200 200 200 200 }'
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2024 202S
OCTTask Loaded Loaded Total JUN JUL AUG SEP . DECE
2024 2024 2024 20241 125 2025 20251 / a)
Rate Rate aD
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Akana Sue Timms-Project Controls Sub.01 $139 $ 145.58 137,996 5,546 11,092 13,310 15,306 12,644 13,975 12,201 11,646 12,228 15,373 14,674 �
Akana Jeff Faunce-Project Management Sub.01 $393 $ 412.54 4,400 393 393 393 393 393 393 393 413 413 413 413 a
Laura Hendricks-Contract Admin Sub.01 $101 $ 106.31 1,134 101 101 101 101 101 101 101 106 106 106 106 N
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HWA Materials/Special Inspection Sub.02 88,671 10,000 10,000 10,000 10,000 6,000 6,000 6,000 6,000 10,000 12,671 2,000 _V
2024 2025
OCTIN JUN JUL AUG SEP • DEC +'
-o-tibined CostsdAL..
DSC
14 2024 20241 124 2024 20241 125 2025 2025 2025IC
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H Paul Garrett M003 Manager III 01.00 $95.40 $100.17 782 191 - - - 191 - - - 200 - - 200 y
H Cameron Bloomer E005 Engineer V 01.00 $82.00 $86.10 8,036 656 656 656 656 656 656 656 689 689 689 689 689 r-
F Cameron Bloomer E005 Engineer V 02.00 $82.00 $86.10 - - - - - - - - - - - - - 0
H Erica Dougherty E004 Engineer IV 01.00 $70.00 $73.50 2,296 560 - - - 560 - - - 588 - - 588 V
H Jean Peabody A003 Administrator III 01.00 $38.00 $39.90 1,397 114 114 114 114 114 114 114 120 120 120 120 120 C
H Sean Flint T006 Technical Representative VI 03.00 $75.60 $75.60 9,072 9,072 - - - - - - - - - - -
F Sean Flint T006 Technical Representative VI 02.00 $75.60 $75.60 137,290 - 13,306 13,910 12,701 14,515 11,491 12,701 13,306 12,096 13,306 13,910 6,048
F Pascal Cyambarantama E003 Engineer III 02.00 $55.56 $58.34 97,008 2,222 9,779 10,223 9,334 10,223 8,445 7,112 7,934 9,334 9,801 10,267 2,334
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Packet-Pg. 82
4.H.a
Subtotal Direct Labor Cost 22,805 r r. 20,582 22,048 23,027
Home Overhead 34,241 1 16,805 1,222 1,222 1,222 2,413 1,222 1,222 1,283 2,533 1,283 1,283 2,533 (Q
Field Overhead 347,510 3,296 34,238 35,795 32,682 36,692 29,570 29,386 31,503 31,785 34,271 35,861 12,431
Subtotal Overhead Cost $ 20,102 35,460 37,016 33,904r
Subtotal Fee 30%of Direct Salary&Overhead Costs 5 7,156 7,471 6,841 7,878 6,212 6,175 6,614 6,908 7,174 7,496 2,994 O
Subtotal Fully Loaded Labor Costt�. 7F36,762t U
Subtotal Direct Expenses 5 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 1,591
Subtotal Subconsultant Costs 0 21,586 23,804 25,801 23,139 20,470 18,695 18,165 18,747 25,892 27,864 2,000
Management Reserve - - - - - - - - - - - - �
ESTIMATED TOTAL 975,226 44,656 •t :t100,008 v
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DBE% 23.81% 3
Total Contract%of Aparent Low Bid 15.93%
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Total Contrail%of EE 12.42% Q
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Exhibit E
Sub-consultant Cost Computation: 6
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There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for m
the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Y
Refer to section VI "Sub-Contracting" of this AGREEMENT. 3
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Agreement Number: LA 10844 Q
Exhibit E-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 84
4.H.a
Project Cost Estimate HWA Ref: 2024-137
Inspection & Testing �� GEOSCIENCES INC. Date: 9-May-24 00
S 218th Street Hill Climb1 N
Kent,Washington DBEIMWBE Prepared By: BKH/BS L-
Prepared For: Cameron Bloomer, PE, KBA Inc. °
PROPOSED WORK SCOPE: Y
This cost estimate is based on plans and specifications provided by Client. r
1. Sampling and acceptance/Proctor testing of CSBC, CSTC,Gravel Borrow, Gravel Backfill for SEW, Gravel Backfill for PZB,Foundation Material,Bank Run Gravel, and 3
construction. _
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2. Inspection and testing of compacted aggregates for utility trenches,wall construction,roadway/sidewalk subgrade,and ADA ramp construction.
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3. Concrete aggregate sampling and testing for acceptance.
4. Concrete sampling for pavement, crosswalks roundabout elements luminaire foundations and driveways. o curb/ tter ADA rams per Client request) a
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5. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor.
6. Sampling and testing HMA during paving for Rice density, extraction and gradation(minimum: one test sample per 1000 tons).
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7. Inspection and testing of HMA placement and compaction(minimum: one test per 100 tons).
8. Written field reports will be prepared for all inspections and reviewed for QC.
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Material Testing -ESTIMATED HWA LABOR: 0
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2024 PERSONNEL&BILLING RATES
Scope of Services GeoEng VIII GeoEng II Geol VI Geol II Contracts TOTAL TOTAL Q
$92.00 $43.50 $60.00 $35.00 $35.00 HOURS AMOUNT
Aggregate Inspection and Testing, including: _
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Sampling of CSBC,CSTC,Gravel Borrow,Gravel Backfill for SEW,Gravel Backfill for PZB, Q
Foundation Material,Bank Run Gravel,and sand bedding at WSDOT intervals 2 sources 20 20 $700
Inspection and Testing of Storm and Sewer Trench Backfill 12 visits 60 60 $2,100 CD
Inspection and Testing of Water Main Trench Backfill(5 visits) 25 25 $875 z
Inspection and Testing of Fiber Trench Backfill 4 visits 20 20 $700 i
Inspection and Testingof Wall Backfill 6 visits 30 30 $1,050 C�
Inspection and Testing of compacted aggregates for roadway/sidewalk construction(8 visits) 40 40 $1,400
Asphalt Inspection and Testing, including: N
Inspection and Testing during HMA permanent trench patching(4 visits) 40 40 $1,400 v)
Inspection and Testing during HMA Roadway/Overlay (4 visits) 40 40 $1,400 0
HMA Oven Ignition Correction Sampling of Aggregate and Oil(3 mixes x 2 initial sources,then at Q
WSDOT sampling frequency) 24 24 $840 m
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HMA Sampling at Batch Plant(6 trips) 24 24 $840
Concrete Inspection and Testing, including: 3
Driveway Testing(8 visits,plus pickups) 64 64 $2,240 c
Pavement Testing 3 visits,plus pickups) 24 24 $840 E
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Crosswalk Testing(3 visits,plus pickups) 24 24 $840
Luminaire Foundations Testing(2 visits,plus pickups) 16 16 $560
Geotechnical ObservationlProject ManagementME-
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Preconstruction Meeting 2 2 $120
Geotechnical Observations for foundations,unsuitable soils,etc 20 20 $870
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QA Review,PM,Reporting, Submittal Reviews,Report Distribution&Billing 12 12 8 32 $2,104 C0
DIRECT SALARY COST 12 20 1 14 451 8 505 $18 879
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Kent S 218th Street Hill Climb - Estimate 5-9-24 Q
Packet Pg. 85
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LABORATORY TESTING SUMMARY: Est.No. Unit Total 00
Tests Cost Cost cm
Acceptance Testing for CSBC and CSTC GS, SE,Fracture -assume 2 initial sources 6 $375 $2,250 07
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Acceptance Testing Gravel Borrow,GB for SEW,GB for PZB,Foundation Material,Bank Run Gravel and Sand ,o
Bedding(GS, SE)-assume 2 sources 17 $310 $5,270 m
Proctor Tests on all Materials to be Compacted 17 $285 $4,845 1
Concrete Compressive Strength Cylinders assume 16 sets x 4 cylinders each set 64 $35 $2,240 r
Concrete Aggregate Acceptance(GS)(assume 3 mixes x 2 sources x 2 aggregates er mix) 12 $195 $2,340 3
HMA Oven Correction Factor(3 mixes x 2 sources x 3 burns per mix) 18 $160 $2,880
HMA:Rice Density,Extraction/Gradation(6 samples) 6 $385 $2,310
TOTAL LABORATORY TESTING: $22,135
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ESTIMATED DIRECT EXPENSES:
Mileage to Job Site IRS Rate 0.67/mile,assume 59 trips $2,960
Mileage for Sampling Aggregates and HMA at Sources $1,000 y
Nuclear Gauge Rental(Thin Lift or Soil):43 days @$50/day $2,150 �.
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TOTAL DIRECT EXPENSES: $6,110
ESTIMATED PROJECT TOTALS AND SUMMARY: c
Direct Salary Cost(DSC) $18,879 v
OH @ 1.9007 *DSC $35,883 r
FF @ 30%*(DSC) $5,664 Q
Total Labor Cost $60,426
Laboratory Testing $22,135
Direct Expenses $6,110 >
ESTIMATED TASK TOTAL: $88,671 s
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Assumptions:
1. These estimates may require adjustment due to the Contractor's rate of construction,weather delays,source changes and/or other factors beyond our control. d
2. The HWA PM reserves the right to shift hours between the various subtasks as required. i�
3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. z
4. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. 00
5. All night work is charged at an 8 hour minimum segment.Night work cancelled within 12 hrs of N
6. All weekend work is charged at an 4 hour minimum segment.Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. c
7. 3000 psi,Commercial,and concrete for curb/gutter,ADA ramps,sidewalks and thrust blocks will not be tested(per Client). Q
8. No density testing will be needed for water service connections outside of the roadway prism. Y
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Kent S 218th Street Hill Climb - Estimate 5-9-24 Q
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EXHIBIT A uj
SCOPE OF SERVICES 0
Construction Management Services Q
Kent S.2181h St—981"Ave S from 941"PI S to S 2161h St m
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Akana (CONSULTANT)will provide professional Construction Management(CM)Services for KBA on the S.218th St 3
-98th Ave S from 94th PI S to S 216th St for the City of Kent(CITY).These services will include,contract
administration,as required during the"S. 218th St-98th Ave S from 94th PI S to S 216th St Project". All services
will be provided in accordance with City of Kent standards,and the Washington State Department of (D
Transportation's(WSDOT) Local Agency Guidelines and Construction Manual.
Q
Consultant will be providing A contract admin(Proposed Sue Timm)on a Part time basis to assist in the performance a)
of the duties listed below.
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Project Description
The project includes construction of the S. 218th St-98th Ave S from 94th PI S to S 216th St Project.The project
scope is estimated to take 200 working days, and the work is commensurate with other preservation projects.This w
project will follow WSDOT lag manual requirements.
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Work Breakdown Structure by Tasks
100 Pre-Construction Services: o
101 CONSULTANT will review bid documents to become familiar with the project.
102 CONSULTANT will prepare hard-copy and electronic files for project documentation. 3
103 CONSULTANT will prepare Project Templates for:
A. Design Changes Q
B. Change Orders and Change Order Justifications
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C. Case Log and Case Log Files
D. Pay Estimates, including Ledger +,
E. Coordination Meeting Agendas, Minutes and Sign-In Sheets
104 CONSULTANT will prepare Project Logs for tracking: N
A. Design Changes
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B. Change Orders T11
C. Requests for Information(RFI) N
D. Submittals `o
E. Employment Documentation Q
105 CONSULTANT will prepare for a Pre-Construction meeting. Duties will include: M
A. Assisting in the Preparation of an agenda draft
B. Developing an attendees list with input from CITY. 3
C. Preparing Meeting Minutes,sending them to KBA for review/comments, revising them per
comments and distributing them to attendees and affected stakeholders. m
106 CONSULTANT will prepare a monthly CONSULTANT progress invoices for KBA review and payment. Under m
the provisions of this contract a total of 8 invoices shall be prepared and presented to KBA. °)
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200 Construction Management Administration:
201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the to
provisions of this contract up to a total (10) Pay Estimates shall be prepared. These will be completed
once KBA and Contractor have reached agreement on estimate quantities. M
202 CONSULTANT will monitor Contractor and Sub-Contractor's employment documentation for adherence to 3
contract requirements. Monitoring will include: o
A. Maintaining Employment Documentation Log. U
B. Collecting, reviewing,and approving(or rejecting) Requests to Sublet.
C. Collecting Certified Payrolls to verify 10%that they meet contract wage requirements.
D. Collecting Statements of Intent to pay prevailing wages. t
E. Collecting Affidavits of Wages Paid.
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4.H.a
F. Maintenance of documentation logs, including RFIs,Submittals uj
G. Assist in maintaining ROM 0
H. Maintain DBE tracking log Q
I. Maintain Force Account Log m
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J. Assist in maintaining Change Order log see below
K. Assist with preparation of contractor's monthly pay applications 3
203 The CONSULTANT will update the RFI Log as RFIs are submitted and resolved.
204 CONSULTANT will track issues that may eventually have impacts to the project budget or schedule. These
issues will be documented. Information included in the Log will be: (D
A. An assigned number that will be used to track each issue separately.
B. The date the issue became known. Q
C. A description of the issue. a)
D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall
decrease to the budget,this amount would be negative.
E. An estimate oft he highest cost necessary to resolve the issue.
F. An estimate of the issue's impact on Working Days.
G. A summary of project documents that relate to the issue. w
H. Comments relating to the issue.
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205 CONSULTANT will assist KBA to prepare Change Orders U
A. Maintaining the Change Order Log.
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300 Construction Services-Field: Working Days 200 y
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400 Materials:
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KBA shall perform a preliminary review of submittals.
401 CONSULTANT will update the Submittal list as submittals are rejected,approved,or conditionally +,
approved as well as when test results are obtained. 9)
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500 Project Completion: a r°
Assist the CITY with the close-out of the project. Items of work include the following: N
501 This includes up to(2) Project Closeout Meetings. The CONSULTANT will prepare and distribute the `o
agendas and minutes. Q
502 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation. M
503 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor,
drafts of these items will be routed to KBA for review/approval. 3
504 CONSULTANT will review the project records to verify that they are complete. This will be a last check r
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before hard-copy files are transferred to the CITY.
505 Attend a wrap up meeting with the CITY. a)
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Deliverables/Schedule:
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Cause the Review and process according the WSDOT 2023 Standard Specifications.The goal of all submittal reviews
is to be returned to the CC within 3 to 5 days.
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a. Review of Shop Drawings,samples,and other submittals will be for general conformance with c
the design concept and general compliance with the requirements of the contract for U
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a guarantee
that the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions.
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b. Any opinions of probable construction cost provided by the Consultant will be on the basis of uj
experience and professional judgment. However, since Consultant has no control over o
competitive bidding or market conditions, the Consultant cannot and does not warrant that Q
bids or ultimate construction costs will not vary from these opinions of probable construction m
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costs.
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c. Consultant is not responsible for any costs, claims or judgments arising from or in any way 3
connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional quality
or technical adequacy or accuracy of the design plans or specifications, nor for their timely 00)
completion by others.
d. Services provided by the Consultant under this Agreement will be performed in a manner Q
consistent with that degree of care and skill ordinarily exercised by members of the same a)
profession currently practicing under similar circumstances,in the same geographical area and ?_
time. ta)
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800 Optional Field Services: U
Upon written approval from KBA,the CONSULTANT shall provide engineering services beyond the work identified
above. Services may include the addition of new tasks;additional working days added to the contract or increasing
the work effort of the engineering services as directed by the CITY. Such work shall be specified in a written �—
Supplement to this Agreement. 3
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Additional work elements for consideration and recommended by the Consultant include: Q
Optional services may include:additional work caused by extension of contract time due to Non-Working Days or
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schedule delays,additional project meetings,,document printing and overtime due to the contractor working
weekends. '
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Assumptions Cont: 00
• This scope and fee does not include construction support services during non-working or suspension days. N
A Non-Working Day is defined in the WSDOT Standard Specifications as"...unworkable because of weather N
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or conditions caused by the weather that prevents satisfactory and timely performance of the work shown ,o
on the critical path of the Contractor's approved schedule." If the contract amount under this agreement m
is exceeded,the CONSULTANT may request a supplement to cover the costs incurred from work completed Y
on Non-Working Days.
• Construction will take no more than200 working days. 3
• The Contractor will be responsible for environmental documentation requirements.
• No Overtime has been estimated. E
• Assume the contractor will work 8:00 am to 5:00pm,working a 40 hour week,8 hours a day, I shift.
• Office space for Consultant will be provided by the Contractor. aM
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• Consultant will provide vehicle and fuel,cell phone,standard safety wear and laptop computer.
• Mileage for CA,assume 40 ca x trips @ 80 miles
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Deliverables bV Task: N
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• 100 Pre-Construction Services 3
0 104 Prepare hard copy and electronic file for project documentation c
0 105 Prepare Project Templates (Design Changes, Change orders, Case Logs, Pay Estimates and U
ledger, Forecasted cost of Completion)
0 106 Prepare Project Logs (Design Changes, Change orders, RFI's, Submittals, Materials on Hand,
Employment) t
0 107 Pre-construction meeting agenda,sign-in sheet and minutes
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0 109 (8)CONSULTANT Progress Invoices
• 200 Construction Management Administration p
o 201 Up to(10) Pay Estimates Q
o 203 Employment documentation and tracking log for Contractor and Sub-Contractors m
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o 204 RFI responses and RFI Log t
0 205 Issue Log 3
0 206, CO Log
• 300 Construction Services—Field a)
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0 301 none w
• 400 Materials
0 none Q
• 500 Project Completion
0 501 Meeting agendas,sign-in sheets and minutes for up to(2)close-out meetings ?_
o 502 Final Pay Estimate and Voucher (D
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o 503 Hard-copies of project files
o 504 Attend Wrap up meeting
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• 800 Additional Services U
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Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A vi
During the performance of this contract, the contractor, for itself, its assignees, and successors in ,o
interest(hereinafter referred to as the "contractor") agrees as follows: m
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1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts 3
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of c
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time,which E
are herein incorporated by reference and made a part of this contract.
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2. Non-discrimination: The contractor,with regard to the work performed by it during the contract, will not y
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, 2
including procurements of materials and leases of equipment. The contractor will not participate directly or
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indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. o
[Include Modal Operating Administration specific program requirements.] N
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3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, v
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.[Include
Modal Operating Administration specific program requirements.] a
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4. Information and Reports: The contractor will provide all information and reports required by the Acts,the 0
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other 4)
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal 2
Operating Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and z
instructions. Where any information required of a contractor is in the exclusive possession of another who fails �
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Cn
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. .°
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5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination Y
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including,but not limited to: 3
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a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. a,
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6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any Cn
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor w
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, c
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In v
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States. E
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LA-10844
Local Agency Professional Services Negotiated Agreement Numb
Hourly Rate Consultant Agreement Revised 0313012021 Packet Pg. 91
4.H.a
Exhibit F - Title VI Assurances Appendix A & E
C6
APPENDIX E o`
2
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During the performance of this contract, the contractor, for itself, its assignees, and successors in interest Y
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to: 3
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Pertinent Non-Discrimination Authorities: E
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Q
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discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of W
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
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• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits c
discrimination based on race, creed, color, national origin, or sex); a
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and a
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and 2
contractors, whether such programs or activities are Federally funded or not); co
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• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of o
disability in the operation of public entities, public and private transportation systems,places of public N
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by W
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Department of Transportation regulations at 49 C.F.R. parts 37 and 38; a
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits m
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discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and 3
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs,policies, and activities with disproportionately high and adverse human health or E
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, a
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); vn
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating r_
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Local Agency Professional Services Negotiated Agreement Numb
Hourly Rate Consultant Agreement Revised 0313012021 1 Packet Pg. 92
4.H.a
Exhibit G
Certification Document:
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Exhibit G-1(a) Certification of Consultant m
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Exhibit G-1(b) Certification of Agency Official
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Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions E
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Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
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Exhibit G-4 Certificate of Current Cost or Pricing Data
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Agreement Number: LA 10844 Q
Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 93
4.H.a
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of vi
KBA, Inc. °
whose address is a
11201 SE 8th Street, Suite 160, Bellevue, WA 98004 Y
and that neither the above firm nor I have:
3
a) Employed or retained for a commission, percentage,brokerage, contingent fee, or other consideration,
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) E
to solicit or secure this AGREEMENT;
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b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
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c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely W
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in o
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); N
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I acknowledge that this certificate is to be furnished to the City of Kent ci
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
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KBA, Inc. a
Consultant(Firm Name)
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Signature(Authorized Official of Consultant) Date ,o
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Agreement Number: LA10844 a
Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 94
4.H.a
Exhibit G-1(b) Certification of City of Kent
I hereby certify that I am the: v�
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❑,/ Agency Official Q
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❑ Other Y
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of the City of Kent , and KBA, Inc. c
or its representative has not been required, directly or indirectly as an express or implied condition in connection E
with obtaining or carrying out this AGREEMENT to:
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a) Employ or retain, or agree to employ to retain, any firm or person; or a
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b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration 2
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the City of Kent o
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this N
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and v
Federal laws, both criminal and civil.
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Signature Date a
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Agreement Number: LA10844 Q
Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 95
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
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I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
.3
B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgmer a
rendered against them for commission of fraud or a criminal offense in connection with obtaining, m
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under L
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, a
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
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C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and N
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D. Have not within a three (3)year period preceding this application/proposal had one or more public U
transactions (Federal, State and local) terminated for cause or default.
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IL Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
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KBA, Inc.
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Agreement Number: LA10844 ¢
Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 96
4.H.a
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
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The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that: m
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member 3
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection a
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, a,
or modification of Federal contract, grant, loan or cooperative AGREEMENT. Q
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress
an officer or employee of Congress, or an employee of a Member of Congress in connection with this c
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
0
This certification is a material representation of fact upon which reliance was placed when this transaction v
was made or entered into. Submission of this certification is a prerequisite for making or entering into 0
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000.00, and not more than$100,000.00,
for each such failure. a
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The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000, a
and that all such sub-recipients shall certify and disclose accordingly.
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Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 97
4.H.a
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section vi
2.101 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15.403-4) submitted, °
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's m
representative in support of S 218th Street-98th Ave S from 94th Place S to S 216th Street * are accurate, complete, and current Y
as of May 24, 2024 **. .3
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT'S between the offer or and the Government that are part of the proposal. E
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Firm: KBA, Inc.
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Signature Title
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Date of Execution***:
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*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title. d
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. E
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the 0
contract price was agreed to.
Agreement Number: LA10844 a
Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 98
4.H.a
Exhibit J
Consultant Claim Procedure:
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The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following Y
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the 3
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) a
that total $1,000 or less. E
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This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential a
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
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If the consultant determines that they were requested to perform additional services that were outside c
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
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The consultant's claim must outline the following: v
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work; 3
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• Timeframe of the additional work that was outside of the project scope; >
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• Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with
the additional work; and a
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work. CO
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation 00
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After the consultant has completed step 1, the next step in the process is to forward the request to the c
Agency's project manager. The project manager will review the consultant's claim and will met with the a
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the Y
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region 3
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from a
agency funds. E
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If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Local Programs
(if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including 0
backup documentation to the consultant to either supplement the agreement, or create a new agreement 2
for the claim.After the request has been approved, the Agency shall write the supplement and/or new
CO
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures. °
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. c
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Agreement Number: LA10844 Q
Exhibit J-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 99
4.H.a
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary v6
for the Director of Public Works or Agency Engineer that included the following: °
• Copy of information supplied by the consultant regarding the claim; m
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• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work; 3
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• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated E
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's y
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and in
• Recommendations to resolve the claim. o
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
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The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as o
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation,payment will need to be from agency funds.
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Step 5 Informing Consultant of Decision Regarding the Claim
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The Director of Public Works or Agency Engineer shall notify(in writing) the consultant of their final ,
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) L
and rationale utilized for the decision. CO
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) N
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The agency shall write the supplement and/or new agreement and pay the consultant the amount `o
of the claim. Inform the consultant that the final payment for the agreement is subject to audit. a
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Agreement Number: LA10844 Q
Exhibit J-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 100
4.1
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Flood Protection Levee Easement with King County -
Authorize
MOTION: I move to authorize the Mayor to sign the Flood Protection Levee
Easement with King County for levee repair and maintenance, subject to
final terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The U.S. Army Corps of Engineers is proceeding with repairs to the
McCoy Levee, which is located just south of S. 259th Street along 80th Avenue S.
The repairs are necessary due to damage from a high river event that occurred in
February 2020. This project includes relocation of the federal levee alignment,
starting from the damaged levee section to the City's previously built setback levee,
along with construction of a new ring dike to protect an existing PSE gas regulating
station. King County is the local sponsor of the levee and will have permanent
maintenance responsibility for the setback levee.
King County needs the City to grant a Flood Protection Levee Easement over King
County Tax Parcel Nos. 000660-0110 (15,149 SF); 000660-0030 (34,753 SF);
346280-0005 and 346280-0007 (combined 27,340 SF) and across 3,245 SF of
right-of-way located on a portion of S. 259th Street, First Ave. S., and 80th Ave. S.
These easements are needed for repairs and future maintenance by the Corps of
Engineers and King County, including restoration of riverbank protections and other
flood protection related works. These easements will allow King County to maintain
the City's setback levee in perpetuity and include it within the federal levee system.
King County would not compensate the City for these easements; however, King
County would have maintenance responsibilities for the levee and the ability to
request U.S. Army Corps of Engineers' participation in any future repairs, which is a
benefit to the City.
Staff has reviewed the easement and King County's project needs and recommends
that Council authorize the Mayor to sign the easement necessary to complete this
project.
BUDGET IMPACT: No new impact.
Packet Pg. 101
4.1
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. McCoy—Kent—Easement (PDF)
Packet Pg. 102
4.I.a
AFTER RECORDING RETURN TO:
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King County Water and Lands Resources Division o
Open Space Acquisitions
201 South Jackson Street, Suite 5600 a
Seattle,WA 98104
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FLOOD PROTECTION LEVEE EASEMENT Y
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Grantor: City of Kent, a Washington municipal corporation 3
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Grantee: King County,a home rule charter county and political subdivision of the State of E
Washington
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Legal Description (abbreviated): NE '/a Sec. 25, T22N, R04E
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Assessor's Tax Parcel ID#: 000660-0110, 000660-0030, 346280-0007, 346280-0005 and portions 0
of associated right-of-way
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RECITALS a.
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A. The City of Kent, a Washington municipal corporation("Grantor"), is the owner in fee of real �0
property located in the City of Kent, King County, Washington, commonly known as King
County Tax Parcel Numbers 000660-0110, 000660-0030, 346280-0007, 346280-0005,legally c
described in Exhibit A, attached hereto and by this reference incorporated herein, and
associated right-of-way(collectively,the"Property").
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B. King County, a home rule charter county and political subdivision of the State of Washington W
("Grantee"), desires access to and use of a portion of the Property along the Green River for w
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river protection purposes.
C. Grantor has agreed to grant to Grantee this Easement(as hereafter defined) for river protection c
purposes on the terms and conditions set forth herein.
GRANT OF EASEMENT c
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1. Grant of Easement. Grantor, for consideration of mutual benefits and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, grants to a
Grantee, and its successors and assigns, a perpetual, nonexclusive, and assignable easement
and right-of-way ("Easement") across, in, under, on, over, and upon those portions of the
Property legally described in Exhibits B-1 through B-9, and visually depicted on Exhibits C-1
Page 1 of 10—City of Kent/King County-Flood Protection Levee Easement
Packet Pg. 103
through C-9,all of which exhibits are attached hereto and by this reference incorporated herein
(collectively,the "Easement Area").
Grantee, its agents, contractors, and permittees may access and use the Easement Area to (i)
construct, maintain, repair, operate, patrol, replace, and restore riverbank protections and/or
other flood-protection related works, including any vegetation or other related N
appurtenances that may need to be installed, inspected, maintained, or removed; and (ii) o
locate, construct, operate, maintain, alter, and replace a road and appurtenances thereto;
together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, a
obstructions and other vegetation, structures, or obstacles within the limits of the right-of-
way. c
2. Grantee's Access Rights. Grantee shall have the right at such time as may be necessary and at v
Grantee's sole discretion, to enter upon the Property and to have reasonable and unimpeded
access to, in, and through the Property for the purposes of accessing the Easement Area and Y
exercising Grantee's rights granted by this Easement. In exercising this right of access,
however, Grantee shall use due care to avoid damaging any plantings located on the Property. 3
If Grantee causes such damage, Grantee shall restore such plantings to the condition existing
prior to such access, and maintain restored plantings for a period of five years. E
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3. Limitations on Use of Easement Area. w
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A. Grantor agrees not to conduct the following activities within the Easement Area without
prior approval from Grantee: (i)plant non-native vegetation; (ii)remove or otherwise alter c
any improvements installed by Grantee, including any native vegetation that may be W
planted and any flood protection works that may be constructed; and (iii) undertake any o
activity or practice that interferes with the efficacy and design of flood protection works or a
other infrastructure installed by Grantee.Grantor further agrees not to use herbicides within o
the Easement Area without the prior approval of Grantee. Nothing contained herein shall °
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be construed as granting any license,permit,or right,otherwise required by law,to Grantor
or Grantee with respect to the Property or the Easement Area. c
B. For the purposes of this Easement, the term "native vegetation" means vegetation
comprised of plant species, other than noxious weeds (as identified on the State of E
Washington noxious weed list found at Washington Administrative Code Chapter 16-750,
as amended from time to time), which are indigenous to the coastal region of the Pacific wi
Northwest and which reasonably could have been expected to naturally occur at the site.
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4. Grantee's Restoration Obligations. If Grantee disturbs, damages, or destroys any portion of c
the Easement Area or any of the landscaping or improvements located therein during its
exercise of its rights or the performance of its obligations under this Easement, Grantee shall,
at its sole cost, promptly restore the same as nearly as possible to the condition it was in
immediately before the disturbance, damage, or destruction; provided, however, Grantee's E
restoration obligations set forth in this Section 4 shall not apply within the physical footprint
of any flood protection works or other improvements installed by Grantee. a
5. Maintenance Obligations. Neither Grantor nor Grantee is hereby obligated to perform future
maintenance, repair, or other action related to the exercise of rights granted by this Easement,
provided, however, Grantee shall maintain any native vegetation planted pursuant to this
Easement for a period of five (5)years.
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6. No Third-Pa , Rights. This Easement and/or any flood related works constructed or to be
constructed within the Easement Area shall not be construed as granting any rights to any third
person or entity, or as a guarantee of any protection from flooding or flood damage.
7. No Waiver of Immunity.
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A. No provision of this Easement shall be construed as waiving any immunity to liability
granted to Grantee by any state statute, including Chapters 86.12 and 86.15 of the Revised a
Code of Washington, or as otherwise granted or provided for by law. ;,
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B. No provision of this Easement shall limit the ability of Grantor or Grantee to avail 0
themselves of the protections offered by any applicable law affording immunity to Grantor a)
or Grantee, including, to the extent applicable, RCW 4.24.210, as amended from time to Y
time.
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8. Indemnification. c
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A. Grantor and Grantee shall defend, indemnify, and hold the other harmless from and against
any claims,suits,causes of action,judgments,damage,loss,or liability for injuries to persons w
or property (excluding consequential damages such as lost profits) (collectively, "Claims"),
to the extent caused by the negligent acts or omissions of the indemnifying party and its
respective agents, officers, invitees, and employees. Where such Claims result from the c
concurrent negligence of the parties, the indemnity provisions provided herein shall be W
valid and enforceable only to the extent of each party's negligence. In the event that either o
party incurs any judgment, award, and/or cost arising therefrom, including attorney fees, a.
expenses, and costs, such judgment, award, and/or cost shall be recoverable from the
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responsible party to the extent of that party's negligence. Each of the parties agrees that its �0
obligations under this indemnity extend to any claim, demand, cause of action, and
judgment brought by, or on behalf of, any of its employees or agents. For this purpose, c
each of the parties, by mutual negotiation, hereby waives, with respect to the other party
only, any immunity that would otherwise be available against such claims under the
industrial insurance provisions of Title 51 RCW. E
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B. The scope of the foregoing indemnity does not apply to any acts or omissions related to, or wi
arising from,the improvement,protection,regulation,and control for flood prevention and
navigation purposes of any river or its tributaries and the beds, banks, and waters thereof. Y
Nothing contained in this indemnity shall be construed as waiving any immunity to liability c
provided to Grantee by any state statute,including Chapters 86.12 and 86.15 of the Revised
Code of Washington, or as otherwise granted or provided for by law.
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9. Amendments. Any modification, waiver, amendment, discharge, or change of this Easement
shall be valid only if the same is in writing and signed and acknowledged by the parties, and
an original thereof is recorded in the real property records of King County, Washington. a
10. Severability. In the event any term, covenant, condition, or provision contained in this
Easement is held to be invalid, voided, or otherwise unenforceable,by any court of competent
Page 3 of 10—City of Kent/King County-Flood Protection Levee Easement
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4.I.a
jurisdiction,such holding shall in no way affect the validity or enforceability of any other term,
covenant, condition,provision, or easement contained in this Easement.
11. Governing Law. This Easement shall be governed by and construed in accordance with the
laws of the State of Washington,without giving effect to its conflicts of law rules or choice of
law provisions. The Parties agree that the Superior Court in King County, Washington, shall N
be the sole and exclusive venue for any action or legal proceeding for an alleged breach of any o
of the terms and conditions set forth herein, or to enforce, protect, determine or establish any
term, covenant or provision of this Easement or the rights hereunder of either Party; and the a
Parties hereby agree to submit to the personal jurisdiction of said court.
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12. Enforcement. The failure of either party to enforce any provision of this Easement shall not 0
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be construed as a waiver or limitation of that party's right subsequently to enforce and compel 0
strict compliance with every provision of this Easement. Y
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13. Successors and Assigns. The rights, conditions, and provisions of this Easement shall inure to 3
the benefit of and be binding upon the heirs, executors, administrators, and successors in a
interest and assigns of Grantor and Grantee. E
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14. Incorporation of Recitals. The Recitals to this Easement are incorporated into and shall w
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constitute a part of this Easement.
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EXECUTED by City of Kent and ACCEPTED by King County effective as of the date set forth c
below.
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DATED this day of , 2024. o
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GRANTOR: City of Kent, a Washington municipal corporation c
BY: c
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Name: E
Title: N
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GRANTEE: King County, a home rule charter county and political subdivision of the State of Yi
Washington c
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BY:
Department of Natural Resources &Parks
Name: E
Title:
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[NOTARY BLOCKS ON FOLLOWING PAGE]
Page 4 of 10—City of Kent/King County-Flood Protection Levee Easement
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STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that_he signed this instrument, on N
oath stated that he is authorized to execute the instrument and acknowledged it as the o
of the City of Kent to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument. a
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4.I.a
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that_he signed this instrument, on N
oath stated that he is authorized to execute the instrument and acknowledged it as the o
of the Department of Natural Resources
and Parks of King County to be the free and voluntary act of such party for the uses and purposes a
mentioned in the instrument. ;,
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY(EXCLUDING THE RIGHT-OF-WAY)
That portion of Samuel W. Russell Donation Claim Number 41 in the Northwest quarter of the
Northeast quarter of Section 25, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows: o
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Beginning at the intersection of the West margin of a County Road (80th Avenue South) which runs a
along the West side of the Northern Pacific Railroad with the South margin of another County Road ;,
running East and West(South 259th Street), said point of intersection being 379.5 feet, more or less, 3
North of the South line of the Russell Donation Claim, as shown in the plat of Horseshoe Acre Tracts 0
to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County,
Washington; _
Thence South along the West margin of said County Road to the South line of the Donation Claim;
Thence West along said South line to the bank of White River,now called Green River; Thence North 3
21°West 336.6 feet; c
Thence North along a line, which would, if extended, run through a point 1,370.16 feet South and E
1,980 feet East of the Northwest corner of the Russell Donation Claim to the South margin of the
County Road(South 259th Street)being West of the beginning; w
Thence East along said road margin to the beginning;
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EXCEPT that portion conveyed to King County by deed recorded under Recording Number a
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9301111332.
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ALSO EXCEPT that portion deeded to the City of Kent under Recording No. 20120907001791. a.
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Situate in the County of King, State of Washington. 0
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AND
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Lots 2 and 3, King County Short Plat No. 684072, recorded under Recording Number 8506240936,
being a portion of Lots 1 and 2,Horseshoe Acre Tracts to Kent, according to the plat thereof recorded E
in Volume 15 of Plats,page 10, in King County,Washington; N
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EXCEPT those portions of Lots 2 and 3 conveyed to King County by deeds recorded under Recording
Numbers 9204292434, 9506271265 and 9506221166; Y
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ALSO EXCEPT that portion deeded to the City of Kent recorded under Recording No.
20120907001791.
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Situate in the County of King, State of Washington. E
AND
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Lots 2,3 and the South 21 feet of Lot 1 of Short Plat No. 77-30,recorded under King County Auditor's
File No.7802070643,records of King County,being a Short Plat o£
That portion of the S.W Russell Donation Claim No. 41, described as follows:
Page 7 of 10—City of Kent/King County-Flood Protection Levee Easement
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Beginning at the Southeast corner of the Waterman's Acre Tracts to the town of Kent, as per plat
recorded in Volume 12 of Plats, on page 11,records of King County,Washington;
Thence South 00°59'00"East parallel with and 40 feet West of the West line of the right-of-way of the
Northern Pacific Railway Company, 1,015.61 feet to the true point of beginning;
Thence South 88°02'30"West 311.78 feet;
Thence North 01°55'37"West 412.46 feet; L
Thence South 88°02'30"West 318.575 feet;
Thence South 01°55'37"East 824.92 feet to the North line of a County Road,being also a boundary of a
a tract conveyed to Ralph E. Leber and Laverne June Leber, his wife, under deed dated January 4,
1955, recorded under Recording No. 4543722; c
Thence in an Easterly direction along the North line of said County Road to a line which is parallel 0
with and 40 feet West of said Northern Pacific Railway Company's right-of-way;
Thence North 00°59'00"West 424.79 feet to the true point of beginning;
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EXCEPT that portion lying North of the following described line:
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Beginning at the point of beginning of the above described tract;
Thence South 88°02'30" West to the West line of the above described tract and the terminus of said w
line;
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EXCEPT any portion thereof lying within the right-of-way of South 259th Street. c
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ALSO EXCEPT that portion deeded to the City of Kent for right-of-way purposes under King County c
Recording No. 20120907001791. a.
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Situate in the County of King, State of Washington. 0
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CITY OF KENT
Tax Parcel 346280-0007&0005
EXHIBIT B-1
FLOOD PROTECTION LEVEE EASEMENT
All those portions of Lot 2 and Lot 3,King County Short Plat No.684072,recorded under Recording Number
8506240936,lying easterly and southeasterly of the following described line:
Beginning at the northwest corner of said Lot 2;
Thence along the west line thereof,South 08°41'57"West 13.42 feet, Meridian based on Washington State Plane N
North Zone Grid Values,NAD 81/93 Datum; o
Thence within said Lot 2, South 43°01'31"East 18.28 feet; 5
Thence South 62°20'00"East 20.99 feet; Q
Thence South 43139'56"East 32.38 feet; r
Thence South 21°05'13"East 13.82 feet;
Thence South 01°29'30"West 18.75 feet; �j
Thence South 23°56'45"East 44.24 feet;
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Thence South 02°22'26"East 25.17 feet; Y
Thence South 22°33'52"West 13.10 feet; _
Thence South 69°50'22"West 41.93 feet; 3
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Thence South 52°33'09"West 50.45 feet;
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Thence South 74'11'22"West 105.66 feet to the northeasterly right-of-way margin of South 261 sc Street,being also E
the southwesterly boundary of Lot 3 of said King County Short Plat No.684072 and the terminus of said line.
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Containing 27,340 sq.ft.,more or less. >
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Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, o
Willamette Meridian,King County,Washington.
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22025 FloodProtectionLeveeEasement CityOfKent;APN 346280-0005,0007—JML Revl 1-28-23
Packet Pg. 111
4.I.a
CITY OF KENT
Tax Parcel 000660-0110
EXHIBIT B-2
FLOOD PROTECTION LEVEE EASEMENT
All that portion of City of Kent Short Plat No.77-30,according to the short plat recorded under King County
Recording Number 7802070643,lying within King County Assessor's Tax Parcel Number 000660-0110,more
particularly described as follows:
Commencing at a point 21.00 feet north of the northwest corner of Lot 2 of said short plat,on the east right-of-way N
margin of 3rd Avenue South; L
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Thence along said margin,Meridian based on Washington State Plane North Zone Grid Values,NAD 81/93 Datum,
South 0°17'12"East 46.47 feet to the True Point of Beginning; 0
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Thence North 88°35'23"East 13.26 feet; 3
Thence North 59'01'28"East 90.84 feet to the intersection with a line that is 21.00 feet north of the south line of Lot 0
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1 of said short plat as described in deed recorded under Recording Number 20130104001581; a�
Thence parallel with the south line of said Lot 1,North 89'37'11"East 535.07 feet to the intersection with the west 0
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right-of-way margin of 1st Avenue South;
Thence along said west margin,South 0°40'45"West 21.00 feet to the northeast comer of Lot 3 of said short plat as 3
described in deed recorded under Recording Number 20120907001791;
Thence along the north line of said Lot 3,South 89037'11"West 2.00 feet; E
Thence along said west margin of 1 st Avenue South as described in deed recorded under Recording Number
20120907001791,South 00040'00"West 147.12 feet to the north right-of-way margin of South 2591 Street as w
described in said deed recorded under Recording Number 20120907001791;
Thence along said north right-of-way margin,North 89°40'47"West 21.83 feet; J
Thence North 1713'24"East 23.18 feet;
Thence North 0039'14"East 128.58 feet; o
Thence South 8903 P 18"West 487.48 feet;
Thence South 61°34'34"West 17.67 feet; L-
Thence South 59001'28"West 97.78 feet; -0
Thence South 88035'23"West 21.77 feet to the intersection with the east right-of-way margin of 3rd Avenue South 0
at a point that bears South 09 7'12"East from the point of beginning; u_
Thence along said east margin,North 0117'12"West 30.01 feet to the point of beginning.
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Containing 15,149 sq.ft.,more or less.
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Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Town shi 22 North,Range 4 East, E
Willamette Meridian,King County,Washington. �5------
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4.I.a
CITY OF KENT
Tax Parcel 000660-0030
EXHIBIT B-3
FLOOD PROTECTION LEVEE EASEMENT
All that portion of the S.W.Russell Donation Land Claim Number 41 in the Northwest Quarter of the Northeast
Quarter of Section 25,Township 22 North,Range 4 East,W.M.in King County,Washington,according to the deed
recorded under King County Recording Number 20110317000970;
EXCEPT that portion conveyed to King County by deed recorded under Recording Number 9301111332. N
ALSO EXCEPT that portion deeded to the City of Kent under Recording No.20120907001791,more particularly `0
described as follows:
3
Commencing at the intersection of the centerline of 801 Ave South and the South line of the S.W.Russell Donation Q
Land Claim No.41 as described in the deed recorded under King County Recording No.9301111332; r
Thence along the south line of said S.W.Russell Donation Land Claim No.41,North 89°37'52"West,Meridian o
based on Washington State Plane North Zone Grid Values,NAD 83/91 Datum, a distance of 170.70 feet to the V
intersection with the east line of the dike road paralleling the Green River as conveyed to King County under Rec.
No.9301111332 and the True Point of Beginning; Y
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Thence along the east line of said dike road,North 15°45'33"West 25.58 feet; 3
Thence departing said dike road,North 38°54'02"East 27.37 feet; E
Thence North 75°43'28"East 40.89 feet;
Thence North 84°51'35"East 47.93 feet; w
Thence North 11'04'05"West 34.27 feet;
Thence North 03°37'01"West 55.00 feet;
Thence North 1°33'51"East 107.00 feet; J
Thence North 04°57'01"East 61.61 feet; o
Thence North 89°40'47"West 257.12 feet to the east boundary of the Dike Road as described in the deed recorded U
under King County Recording No.9301111332; o
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Thence along the boundary of said Dike Road North 47°16'48"West 16.17 feet; (-
Thence continuing along the boundary of said Dike Road North 58°36'29"West 56.38 feet to the intersection with o
the south right-of-way margin of S.2591 St as conveyed to the City of Kent under King County Recording No. LL
20120907001791;
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Thence along said south margin of S.2591 Street South 89°40'47"East 366.28 feet to the intersection with the west c
margin of 80th Ave S.as conveyed to the City of Kent under King County Recording No.20120907001791;
Thence along said west margin South 0°40'44"West 357.81 feet to a point on the south line of said Russell DLC
No.41 which bears South 89°37'52"East from the point of beginning; E
Thence along said south line,North 89°37'52"West 140.70 feet to the point of b ginn'ng.
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Containing 34,753 sq.ft.,more or less. m
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Situate in the King County,State of Washington. o.�► tadI�,. �2� U
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22025_FloodProtectionLeveeEasement Exhibitl l_McCoy_CityOfKent;APN 000660-0030—JML 11-27-23
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4.I.a
CITY OF KENT
Tax Parcel 000660-0110
EXHIBIT B-4
FLOOD PROTECTION LEVEE STREET EASEMENT
That portion of 111 Avenue S.adjacent to the east boundary of Lot 3 and Lot 1,City of Kent Short Plat No.77-30,
according to the short plat recorded under King County Recording Number 7802070643, lying between the easterly
extension of the northerly line of the South 21 feet of said Lot 1 and the easterly extension of the southerly boundary
of said Lot 3,and westerly of the westerly curb line of I'Avenue S. N
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Containing 1,120 sq.ft.,more or less.
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Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, r
Willamette Meridian,King County,Washington. c
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22025_F1oodProtectionWall-Street Easement2l_l sT Ave S_CityOfKent;APN 000660-0110—JML 8-4-23
Packet Pg. 114
4.I.a
CITY OF KENT
Tax Parcel 000660-0030
EXHIBIT B-5
FLOOD PROTECTION LEVEE STREET EASEMENT
That portion of S.259'Street adjacent to the south boundary of Lot 3,City of Kent Short Plat No.77-30,according
to the short plat recorded under King County Recording Number 7802070643,more particularly described as
follows:
Beginning at the southeast corner of said Lot 3,thence westerly along the northerly right-of-way margin of S. 25911 nOi
Street a distance of 59.0 feet; o
Thence southerly,at right angles to the centerline of S.259`h Street a distance of 55.0 feet to the southerly right-of- �
3
way margin thereof; Q
Thence easterly along the southerly right-of-way margin of S.259"Street and its easterly extension a distance of r
59.0 feet,said point being easterly along said right-of-way margin extension a distance of 8.8 feet from the northeast
corner of King County Assessor's Parcel No.000660-0030; j
Thence northerly a distance of 55.0 feet to the point of beginning.
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Containing 3,245 sq.ft.,more or less.
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Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East,
Willamette Meridian,King County,Washington. aEi
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22025 FloodProtectionLevee-Street Easement22—CityOfKent;Portion S259th St—JML 8-4-23
Packet Pg. 115
4.I.a
CITY OF KENT
ROW Adjacent to East Boundary
Tax Parcel 000660-0030
EXHIBIT B-6
FLOOD PROTECTION LEVEE EASEMENT
That portion of the S.W.Russell Donation Land Claim Number 41 in the Northwest Quarter of the Northeast
Quarter of Section 25,Township 22 North,Range East,W.M.in King County,Washington,according to the deed
recorded under King County Recording Number 20110317000970 lying within 80th Avenue S adjacent to the east N
boundary of King County Assessor's Parcel No.000660-0030 more particularly described as follows: 0
BEGINNING at the intersection of the west margin of 801 Ave South and the South line of the S.W.Russell Q
Donation Land Claim No.41 as described in the deed recorded under King County Recording No. r
20120907001797,being also the southeast comer of King County Assessor's Parcel No.000600-0030;
Thence along the easterly extension of the south line of said S.W.Russell Donation Land Claim No.41,South U
89°37'52"East,Meridian based on Washington State Plane North Zone Grid Values,NAD 81/93 Datum,a distance
of 19.5 feet to the approximate easterly toe of a flood protection levee fill slope; Y
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Thence northerly along said toe of fill slope the following courses: 3
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Thence North 092' East 146.00 feet;
Thence North 0698'West 42.00 feet; E
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Thence North 0°04' East 165.82 feet; cyo
Thence North 30°42'10"West 5.00 feet to the intersection with the easterly extension of the northerly line of said
Assessor's Parcel No.000600-0030 that bears South 89°40'47"East from the northeast comer of said Assessor's >
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Parcel; —J
Thence along said easterly extension,North 89°40'47"West 8.8 feet to said northeast comer,being also the o
intersection with the west margin of 80th Ave South as described in the deed recorded under King County U
Recording No.20120907001797; o
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Thence South 00°40'44"West along said west margin 357.81 feet to the point of beginning. a
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Containing 5,495 sq. ft.,more or less. U-
Situate in the King County,State of Washington. c
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22025_F1oodProtectionLevee-StreetEasement23_CityofKent_801 Ave S adj to APN 000660-0030—JML 8-7-23
Packet Pg. 116
4.I.a
CITY OF KENT
ROW Adjacent to East Boundary
Tax Parcel 346280-0006
EXHIBIT B-7
FLOOD PROTECTION LEVEE EASEMENT
All that portion of 8011 Avenue South abutting the east line of Lot 1,King County Short Plat No.684072,recorded
under Recording Number 8506240936,described as follows:
Bounded on the west by the east line of said Lot 1,on the north and south by the easterly extension of the sidelines N
of said Lot 1 and bounded on the east by the easterly toe of slope of a flood protection levee constructed by Kent 0
in 2012. +'
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Containing 4,844 sq.ft.,more or less.
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Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U
Willamette Meridian,King County,Washington. c
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22025_F1oodProtectionLeveeEasement24—ROWof 801 Ave S adjacent to APN 346280-0006_PSE—JML 8-8-23
Packet Pg. 117
4.I.a
CITY OF KENT
ROW Adjacent to East Boundary
Tax Parcel 346280-0007
EXHIBIT B-8
FLOOD PROTECTION LEVEE EASEMENT
All that portion of 80`b Avenue South abutting the east line of Lot 2,King County Short Plat No.684072,recorded
under Recording Number 8506240936,described as follows:
Bounded on the west by the east line of said Lot 2,on the north and south by the easterly extension of the sidelines N
of said Lot 2 and bounded on the east by the easterly toe of slope of a flood protection levee constructed by Kent 0
in 2012. +'
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Containing 1,840 sq.ft.,more or less. r
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Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U
Willamette Meridian,King County,Washington_ c
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22025_FloodProtectionLevee-StreetDesc25_ROW area of 801 Ave S adjacent to APN 346280-0007 JML 8-8-23
Packet Pg. 118
4.I.a
CITY OF KENT
S 261 ST Street ROW
Adjacent to APN 346280-0005
EXHIBIT B-9
FLOOD PROTECTION LEVEE EASEMENT
All that portion of S 26151 Street lying southeasterly of the Green River,southerly and easterly of Lot 3,King N
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County Short Plat No. 684072,recorded under Recording Number 8506240936,easterly of Lot 3 of Horseshoe Acre 0
Tracts according to the plat recorded in Volume 15,Page 10 and westerly and northerly of the following toe of flood
levee fill more particularly described as follows: Q
Commencing at the northeast comer of said Lot 3,King County Short Plat No. 684072; r
Thence along the easterly extension of the north line of said Lot 3 a distance of 24.0 feet to the easterly toe of a o
flood protection levee fill slope and the True Point Of Beginning; U
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Thence southerly and westerly along said toe of fill slope the following courses: Y
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South 7°04'04"West 73.0 feet; 3
South 32°06'56"West 61.0 feet;
South 63°38'50"West 93.0 feet;
South 77°48'12"West 93.2 feet; w
South 68°52'49"West 81.0 feet;
South 62°04'23"West 120.0 feet;
South 30°06'30"West 142.0 feet to the intersection with the east boundary of Lot 3 of said Horseshoe Acre Tracts —J
at a point 84.00 feet southerly of the SE corner of a trail deeded to King County under Recording Number o
9209281363. U
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Containing 40,830 sq.ft.,more or less. a
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Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U-
Willamette Meridian,King County,Washington.
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22025_F1oodProtectionLeveeEasement26_ROW area of S 261 St adjacent to APN 346280-0005_JML 8-9-23
Packet Pg. 119
4.I.a
FLOOD PROTECTION LEVEE EASEMENT
APN346280-0006
LINE TABLE PUGET SOUND ENERGY
POINT OF
LINE LENGTH BEARING BEGINNING
L 1 13.42 S08'41'57"W LOT 1
L2 18.28 S43'O 1 .31"E L 1 N89'37'52W 138.65
L3 20.99 S62'20'00"E
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L4 ! 32.38 S43'39'56"E ��o`O fir' o 0
L5 18.75 SO 1'29'30"W �o��`� `° 5
L6 25.17 S02'2226"E �°�,° a
L7 13.10 S22'33'52"W LOT 2
L8 7 13.82 S21'05'13"ECi APN346280-0007� o 0
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NO TES:
1.) SEE WRITTEN LEGAL DESCRIPTION FOR LEGAL AREA DEFINITION.
2.) AREA OF EASEMENT• 27,340 SO. FT. E
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3.) MERIDIAN: WASHINGTON STATE LAMBERT GRID, NORTH ZONE-NAD 83-91. w
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o "155 MONROE AVE NE • RENTON ' YA ' 98058"
APN 342628-0005, 0007 CITY OF KENT
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Packet Pg. 120
4.I.a
FLOOD PROTECTION LEVEE EASEMENT
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33' 33' POINT OF APN 000660-0109 U
COMMENCEMENT LOT 1 TRANSFORM LTD.
40' , �
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Q AREA SP 77-30 KENT KENT, CITY OF w Q w
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1.) SEE WRITTEN DESCRIPTION FOR LEGAL AREA DEFINITION. °� ,p 24 I Y
2.) MERIDIAN: WASHINGTON STATE LAMBERT GRID, �ssr NGrsT9 s �;
NORTH ZONE-NAD 83191. AL LAN EXHIBIT C-2 0
KING COUNTY SURVEY UNIT LQ
EXHIBIT MAP
NW 114, NE 114, SEC.25, T.22N., R.4E., W.M.
DEPT. OF LOCAL SERVICES OWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE E
ROADS DIVISION 2gs-477-1773 o 'tcls JML 2 17 '2351,912.3JML J.LAURI TZEN 1"=100'
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4.I.a
FLOOD PROTECTION LEVEE EASEMENT
S89'40'47"E S 259TH ST 366.28
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N89'40'47"W 257.12 N
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DEED REC. NO. 2011 OJ 170009 70 0 6" °1
GRAPHIC SCALEuj
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_LINE TABLE #26001-80TH AVE S z N
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L 1 25.58 N 15'45'33"W o�"
L2 27.37 N3854'02"E o
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1.) SEE WRITTEN LEGAL DESCRIPTION FOR w N84'51'35"E o
LEGAL AREA DEFINITION. - 47.93
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2.) AREA OF EASEMENT: 34,753 SQ. FT. c', o _ c
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LAMBERT GRID, NORTH ZONE-NAD 83/91 0 W a
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of WASk fc2, ROADS DIVISION
° "155 MONROE AVE NE •R&MN • WA • 98056" EXHIBIT C-3
APN 000660-0030, CITY OF LENT
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.'CISTER�'. � OWN. BY DATE REV BY DAT� PROJECT MANAGER SCALE Q
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Packet Pg. 122
4.I.a
FLOOD PROTECTION LEVEE STREET AREA
APN 000660-0109
TRANSPORT LTD, 40'
FLOOD WALL N
LOT 1 V)
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GRAPHIC SCALE KENT, CITY OF
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1.) SEE WRITTEN LEGAL DESCRIPTION. l
2.) AREA: 1,120 SQ. FT. r
3.) MERIDIAN: WASHINGTON STATE LAMBERT
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"155 MORROE AVE NE ' RENTON ' WA • 98058" EXHIBIT C-4
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24288 � NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M.
�"s GI STEg�' 4 OWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE r
sjch'AL LAB DRAWING
08 '03 '23 J. LAURITZEN 1"=30' Q
DRAWING FILENAME CHK. BY I F.B. NO. JOB NO. SHT. NO.
22025- XH.21.0 TSC NIA 2,2025
Packet Pg. 123
4.I.a
FLOOD PROTECTION LEVEE STREET AREA
SP 77-30 KENT
LOT 3 U)
APN 000660-0110 N
KENT, CITY OF o
ADDRESS:
#1000-3RD AVE S ~ a
KENT, WA 98032 U
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GRAPHIC SCALE
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1.) SEE WRITTEN LEGAL DESCRIPTION.
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PORTION S.W. RUSSELL
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FLOOD PROTECTION LEVEE EASEMENT
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: June 4, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Easements with the City of Covington for Construction and
Maintenance of Culvert Near Jenkins Creek - Authorize
MOTION: I move to authorize the Mayor to sign the Permanent Easement
Agreement and the Temporary Construction Easement Agreement with the
City of Covington for culvert construction and maintenance, subject to final
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The City of Covington ('Covington") is reconstructing a portion of SR
516 (SE 272nd Street) between Jenkins Creek and 185th Pl. SE. This project
includes a new Jenkins Creek crossing and widening the street from two lanes to
five lanes with 8-foot sidewalks, and landscaping.
Covington needs to acquire from the City a 1,572 square ft. permanent easement
and a temporary construction easement of 3,276 square ft. located on King County
Tax Parcel No. 362205-9184. The Temporary Construction Easement will remain in
effect for a one-year duration with an option allowing Covington to purchase a one-
year extension if necessary. These easements are needed to construct and maintain
a culvert.
Covington made an offer under threat of condemnation to compensate the City in
the amount of $500 (the minimum offer), broken down as follows:
$393.00 for 1,572 square feet of land for a permanent easement
$82.00 for 3,276 square feet of land for a temporary construction easement
This offer was based on fair market value determined by an administrative offer
summary conducted by an appraiser on behalf of Covington. Staff has reviewed the
appraisal, evaluated Covington's project needs, and recommends that Council
authorize the Mayor to sign documents needed to complete these transactions.
BUDGET IMPACT: Reimbursement for the easements will be paid into the Water
Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 129
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ATTACHMENTS:
1. Kent_9184_Permanent Easement—DRAFT (DOCX)
2. Kent_9184_TCE_DRAFT (DOCX)
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After recording return document to:
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City of Covington
16720 SE 27V Street, Suite 100 S
Covington,WA 98042
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Document Title: Easement
Reference Number of Related Document: N/A °
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Grantor(s): City of Kent `o
Grantee(s): City of Covington c
Legal Description: Portion of the NE NE Section 36-22N-5E
Additional Legal Description is on Pages 5-7 of Document. E
Assessor's Tax Parcel Number: 362205-9184-06
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EASEMENT
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SR 516 (SE 272"d ST) Improvements Between Jenkins Creek and 18511 PL SE
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The Grantor(s), City of Kent, a Washington municipal corporation , for and in M
consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, w
convey(s)and grant(s)unto the City of Covington,a Washington municipal corporation and
its assigns, Grantee,under the imminent threat of the Grantee's exercise of its rights of Eminent
Domain, an easement over, under, upon and across the hereinafter described lands for the
purpose of constructing and maintaining a fish-passable culvert ("Easement Purpose").
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Said lands being situated in King County, State of Washington, and described as
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For legal description and additional conditions W
See Exhibits A, B & C attached hereto and made a part hereof
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EASEMENT
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Grantee shall have the right, without prior notice, institution of suit, or proceeding at 2
law, at times as may be necessary, to enter upon the Easement Area, and any immediately c
adjacent areas,with the necessary equipment for the Easement Purposes,without incurring any c
legal obligation or liability. Grantee shall not conduct maintenance on or fuel construction
equipment within the Easement Area. Grantee shall have spill kits onsite to respond i
immediately to any fluid leaks in the Easement Area. c
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Grantee shall leave any improvements already existing within the Easement Area and `o
the immediately adjacent areas undisturbed,unless the prior written approval of the Grantor is c
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee a,
shall restore these areas to the same condition as they were immediately prior to Grantee's
entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to v
avoid interfering with Grantor's normal course of business within and surrounding the o
Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong
Springs water source.
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Grantee shall at all times exercise its rights under this Easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority 3
having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and a
against claims, damages, liability and fees and costs (including attorneys' fees and costs) E
incurred by or claimed against Grantor as a result of Grantee's negligence in the exercise of the M
rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to w
indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor c
or the negligence of others unless such others are agents of or otherwise under the control of
Grantee. This indemnification shall survive the termination of this Easement.
Grantor shall retain the right to use the Easement Area, including the immediately 9I
adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes.
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EASEMENT
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It is understood and agreed that delivery of this easement is hereby tendered and that r-
the terms and obligations hereof shall not become binding upon the City of Covington unless c
and until accepted and approved hereon in writing for the City of Covington,by its authorized 3
agent.
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Dated: ,
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City of Kent, c
a Washington municipal corporation c
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Dana Ralph, Mayor
Authorized Agent
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Accepted and Approved
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City of Covington,
a Washington municipal corporation
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By:
Don Vondran, Public Works Director
Authorized Agent
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Date:
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Acknowledgment
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STATE OF WASHINGTON )
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County of King ) `o
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On this day of , 20 before me personally appeared
Dana Ralph, to me known to be the Mayor for the City of Kent, and that she executed
the within and foregoing instrument and acknowledged the said instrument to be the v
free and voluntary act and deed of said City of Kent, for the uses and purposes therein c
set forth, and on oath states that she is authorized to execute said instrument.
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GIVEN under my hand and official seal the day and year last above written.
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Notary Public in and for the State of
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My commission expires
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PARCEL NO. 36 205-9184 0
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EXHIBIT B
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THAT PORTION OF THE NORTH HALF OF THE NURTHL,AST (QUARTER OF THE NORTHEAST �
QUARTER OF THE.NORTHEAST QIJARTER OF SECTION 36,TOWNSHIP 22 NORTH, RAN(3E 5
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EXC IE T THAT PORTION AWARDED TO THF STATE OF WASHINGTON STTPULATFI}ORDER �
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After recording return document to:
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16720 SE 271 st Street, Suite 100 c
Covington, WA 98042
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Document Title: Temporary Construction Easement
Reference Number of Related Document: N/A
Grantor(s): City of Kent
Grantee(s): City of Covington c
Legal Description: Portion of the NE NE Section 36-22N-5E
Additional Legal Description is on Pages 5-7 of Document.
Assessor's Tax Parcel Number: 362205-9184-06 c
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TEMPORARY CONSTRUCTION EASEMENT c
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SR 516 (SE 272°d ST) Improvements Between Jenkins Creek and 185th PL SE v
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The Grantor(s), City of Kent, a Washington municipal corporation, for and in
consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration,
conveys and grants unto the City of Covington, a Washington municipal corporation, and
its assigns, Grantee,under the imminent threat of the Grantee's exercise of its right of Eminent 3
Domain,the right,privilege and easement over,upon,and across the hereinafter described lands
for the purpose of providing a work area for the project's construction of a fish-passable culvert E
("Easement Purpose"). N
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Said lands being situated in King County, State of Washington, and described in Exhibits
A, B & C, attached hereto, and made a part hereof.
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The term of this Temporary Construction Easement shall commence on the date of
acceptance of this Temporary Construction Easement by Grantee and shall terminate on May c
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31, 2025, hereinafter the "Term". v
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It is further agreed that this Temporary Construction Easement may be extended by up �
to twelve (12) months at the Grantee's option. The rate associated with this extension shall be ��
at the same rate as the original Temporary Construction Easement, or at the newly established Y
FA No.STP-HLP-0516(022)
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TEMPORARY CONSTRUCTION EASEMENT
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rate determined by an updated Administrative Offer Summary; whichever is higher. Grantee
shall notify Grantor in writing, and render payment,prior to exercising this option. —'
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Grantee shall provide Grantor written notice no less than thirty (30) days in advance of
Grantee's intent to exercise its rights under this Temporary Construction Easement.
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Grantee shall have the right, without prior notice, institution of suit, or proceeding at c
law, at times as may be necessary, to enter upon the Easement Area, and any immediately
adjacent areas,with the necessary equipment for the Easement Purposes,without incurring any
legal obligation or liability. Grantee shall not conduct maintenance on or fuel construction c°
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equipment within the Easement Area. Grantee shall have spill kits onsite to respond c
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immediately to any fluid leaks in the Easement Area.
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Grantee shall leave any improvements already existing within the Easement Area and v
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is `o
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee c
shall restore these areas to the same condition as they were immediately prior to Grantee's
entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to E
avoid interfering with Grantor's normal course of business within and surrounding the v
Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong c
Springs water source.
v
Grantee shall at all times exercise its rights under this Easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority
having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and 3
against claims, damages, liability and fees and costs (including attorneys' fees and costs) c
incurred by or claimed against Grantor as a result of Grantee's negligence in the exercise of the E
rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to
indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor w
or the negligence of others unless such others are agents of or otherwise under the control of
Grantee. This indemnification shall survive the termination of this Easement. Q
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Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes.
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The rights granted by Grantor to Grantee under this Easement are for the limited purpose 0i
of temporarily allowing Grantee entry on the Property for the Easement Purposes. Nothing
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herein shall be construed as a conveyance of a real property interest from Grantor to Grantee. CD
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TEMPORARY CONSTRUCTION EASEMENT
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It is understood and agreed that delivery of this temporary construction easement is
hereby tendered and that the terms and obligations hereof shall not become binding upon the >
City of Covington unless and until accepted and approved hereon in writing for the City of c�
Covington, by its authorized agent. °
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Dated: , 20
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City of Kent, c
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a Washington municipal corporation
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Dana Ralph, Mayor
Authorized Agent °
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Accepted and Approved v
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City of Covington,
a Washington municipal corporation v
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By:
Don Vondran, Public Works Director E
Authorized Agent
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Date: 520
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LPA-325 Page 3 of(7)Pages
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TEMPORARY CONSTRUCTION EASEMENT
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Acknowledgment v
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STATE OF WASHINGTON )
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County of King )
On this day of , 20 before me personally appeared
Dana Ralph, to me known to be the Mayor for the City of Kent, and that she executed
the within and foregoing instrument and acknowledged the said instrument to be the
free and voluntary act and deed of said City of Kent, for the uses and purposes therein L
set forth, and on oath states that she is authorized to execute said instrument. y
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GIVEN under my hand and official seal the day and year last above written. &-
(SEAL) °
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Notary Public in and for the State of v
Washington, residing at c
My commission expires t�
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TEMPORARY CONSTRUCTION EASEMENT
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EXHIBIT AZ
GRANTOR
PARCEL NO. 3 62205-9 1 84 c
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THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36,TUWNSHIP 22 NORTH, RANGE.5 EAST,W.M., IN �
KING COUNTY, Vk+ASHINGTON; �
FXCFPT THAT PORTION]CON VEYFD TO KING 0DUN7Y FOR ROADWAY PURPOSES BY �
INSTRIJMF.NT RF.0 ORDFD UNDER RECORDING,NU ER 1400465; c
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EXCEPT TI]AT PDRTION AWARDED TO Tl IE STATE OF WASIIINGTON STIPULATED ORDER �
FOR F FDTATE USE AND POSSF,SSTON F,NTFRFD TvTiAY 21, 1991 IN KrNG COUNTY w
SUPERIOR COURT CAUSE NO. 40-2-24267-6;AND o
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EXCEPT THAT PORTION CONVEYED TO THE CITY OF COVINGTON BY WARRANTY DEEI> Lo
REC:OKDED UNDER RECORDING NUI+ BER 2020042 700063 1. c
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TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT S
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DESCRIPTION OF EASEMENT �
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THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST 0
QUARTER OF THE NORTHEAST UARTFR OF SEC'TTQN 36,TOWNSHIP 22 NORTH, RANGE 5 v
EAST,W.M., IN KING COUNTY,WAS11INGTOM, �
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EXCEPT THAT PORTION CONVFVFD TO KING COUNTY FOR ROADWAY PURPOSES BY �
INSTRUMENT RECORDED UNDER RECORDING NUMBER 1400465, �
EXCEPT THAT PORTION AWARDED TO THF.STATE OF WASHTNGTON STIPUT_ATED ORDER �
FOR IMMEDIME USE AND POSSESSION ENTEPLED MAY 21, 1991 1N KING COUNTY o
5UPERTOR COL1RT CAUSE NO. 90-2r24267-6;AND r
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EXCEPT THAT PORTION CONVEYED TO THE CITY OF COVINGTON BY WARRANTY DEED w
RECORDL.D UNDER RECORDING NUMBER 2020042 700063 1 0
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DESCRIBED AS YOLLOWS; ,o
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CON4MF.NCING AT THF.NORTH FAST CORN ER OF THF. ABOVE-DFSCR13F.D PARCEL; �
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THENCE S 00DOY58"E,ALONG THE EAST LINE OF SAID PARCEL,A DISTANCE OF 110.00 0
FEET TO THF.POINT OF BEGINNI1kTQ v
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TI IENCE CONTINUING S 00°03'58"E,ALONG SAID EAST LINE, A DISTANCE OF 1 17.00 FEET;
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THENCE S 39956'02"W, A DISTANCE OF 28.W FEET;
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THENCE N 00a03'9-W, A DISTANCE.OF 117,70 FEET; 3
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THENCE N 89°56'02"E,A DISTANCE OF 28_00 FEET TO THE POWT OF BEGINN1NG-
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CONTAINING 3+216 SQUARE.FEET,MORE OR LESS,
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MAY 13, 2024
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Grantor's Initials , W
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TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "C"
SEC.36.T.22 N..R.5 E.,WIVI Z
S.R. 516 (SE 272ND ST.) >
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CITY OF KENT POINTOF v
PARCEL NO. COMMENCEMENT O
362205.9194
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PARCFL NO. +O+
312206-9021 O
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110.00,
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EASEMENT AREAL
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304°03'58"E
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28.00, MAY 15.2024 3
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CITY OF COVINCTON OEOMATICB LU
PARCEL NO 362205-91134 —AV ATLAS OOMPANY L)
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1263A 220TH AVE NE Ph-[4]5�596 2700 �
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I RAWN BY: E. V,�N BUSKIRK DATE: C5-'3-20'--A
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