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City Council Committees - Kent City Council - 08/11/2020 (2)
KENT CITY COUNCIL COMMITTEE OF THE WHOLE Tuesday, August 11, 2020 4:00 PM THIS IS A REMOTE MEETING THIS IS A REMOTE MEETING DUE TO THE COVID-19 CORONAVIRUS EMERGENCY A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 914 8886 7920 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** Item Description Speaker 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS A. INFO ONLY: Small Business Emergency Grant Update Bill Ellis B. INFO ONLY: Kent Valley Branding Update Michelle Wilmot C. INFO ONLY: Women in Manufacturing Virtual National Conference Michelle Wilmot D. INFO ONLY: Request for Qualifications – Naden Avenue North Bill Ellis E. Space Command Headquarters Resolution – Adopt Bill Ellis Committee of the Whole Committee of the Whole - Regular Meeting August 11, 2020 F. INFO ONLY: June Financial Report Michelle Ferguson G. Consolidated Budget Adjustment Ordinance for Adjustments Between April 1, 2020 and June 30, 2020 – Adopt Michelle Ferguson H. Payment of Bills – Approve Paula Painter I. Agreement for Consultant Services with N. Harris Computer Corp. for Continued Integration of Existing Point of Sale System - Authorize Somen Palit J. Consultant Services Agreement with Studio Meng Strazzara, Inc., P.S. for the Police Headquarters Renovation Project - Authorize Nate Harper K. Adopt Ordinance 4365 Updating KCC 14.09 – Flood Hazard Regulations Chris Wadsworth L. RCO Grant Conversion for YMCA Replacement Property – Approve Brian Levenhagen M. Consultant Services Agreement with Jacobs Engineering Group Inc. for Washington Avenue South Stormwater Pump Station - Authorize Stephen Lincoln N. Transportation Master Plan Project List – Approve April Delchamps O. 2018 Regional Mobility Grant King County Metro Transit Department Agreement - Authorize April Delchamps P. 2018 Regional Mobility Grant WSDOT Agreement – Authorize April Delchamps 5. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Small Business Emergency Grant Update SUMMARY: Economic Development Officer, Bill Ellis will provide an update on the Small Business Emergency Relief Grant application process. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 4.A Packet Pg. 3 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Kent Valley Branding Update SUMMARY: Economic Development Project Manager, Michelle Wilmot will present an update on the Kent Valley Branding project. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 4.B Packet Pg. 4 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Women in Manufacturing Virtual National Conference SUMMARY: Economic Development Project Manager, Michelle Wilmot will present information on the Women in Manufacturing Virtual National Conference. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 4.C Packet Pg. 5 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Request for Qualifications – Naden Avenue North SUMMARY: Economic Development Officer, Bill Ellis will present information on a Request for Qualifications for the Naden Avenue North. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 4.D Packet Pg. 6 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Space Command Headquarters Resolution – Adopt MOTION: Adopt Resolution No. 2016, urging the United States government to select Kent, Washington to host the permanent headquarters of the United States Space Command (USSPACECOM). SUMMARY: As the historic home of the Kent Space Center, where important research and development and design work was completed from the Apollo program up to the development of the International Space Station, and today, as the hosts of the world headquarters of the new space company, Blue Origin, Kent is extremely well-positioned to be the home to the USSPACECOM. Kent has sufficient undeveloped and available land from the Kent Space Center to accommodate the USSPACECOM, a variety of available housing types, is strategically located near the SeaTac International Airport, and is one of the nation's premier hubs of logistics and defense manufacturing supply chain. Kent has been successfully nominated for evaluation to host the headquarters of USSPACECOM after meeting the required screening criteria. During the next evaluation phase, the Department of the Air Force will assess Kent’s ability to host, employ, and sustain the headquarters of USSPACECOM, and will focus on four primary factors including Mission, Capacity, Community Support, and Costs to the Department of Defense. This resolution is one of several ways we the City of Kent can illustrate its commitment to this vital defense program and the community’s support. BUDGET IMPACT: None. ATTACHMENTS: 1. DRAFT - Space Command Resolution (PDF) 4.E Packet Pg. 7 1 Space Command Resolution RESOLUTION NO. 2016 A RESOLUTION of the City Council of the City of Kent, Washington, to urge the United States government to select Kent, Washington to host the permanent headquarters of the United States Space Command. RECITALS A. On August 29, 2019, United States Space Command was activated as the eleventh Unified Combatant Command to increase the ability of the Joint Force to project power and influence, reduce decision timelines for space operations, and bring focused attention to defending United States interests in space; and B. On May 14, 2020, the Department of the Air Force invited the nation's governors to nominate candidates to host the permanent headquarters of the United States Space Command; and C. The Department of the Air Force anticipates making a final selection for the preferred headquarters location in early 2021; and D. When fully established, United States Space Command will have approximately one thousand four hundred military and civilian personnel working in the headquarters; and 4.E.a Packet Pg. 8 At t a c h m e n t : D R A F T - S p a c e C o m m a n d R e s o l u t i o n ( 2 3 7 3 : S p a c e C o m m a n d H e a d q u a r t e r s R e s o l u t i o n – A d o p t ) 2 Space Command Resolution E. Kent and the Kent Valley have been home to iconic aerospace manufacturing and industrial technology companies whose legacy of cutting- edge innovation contributes greatly to the region’s growing footprint in the larger, global space economy; and F. Over the past 50 years, these companies’ influence in the space industry has evolved from research, development and manufacturing at the Kent Space Center for the U.S. space program into a robust, diverse pool of international companies that relies on Kent Valley’s cluster of custom manufacturers and specialized workforce to streamline operations; and G. The first technology sent to the moon came from Kent Valley including the first Lunar Roving Vehicles developed at Boeing’s Space Center, and the material leaving the first footprints on the moon was developed at Hexcel. The Lunar Rovers used in NASA’s historic Apollo Missions 15, 16 and 17 remain on the moon today and were named historic landmarks in 2019; and H. Kent Valley has attracted a breadth of engineering and manufacturing talent that is experienced in the development of spacecraft and launch vehicles, satellites and satellite systems propulsion systems, navigation and controls, electronic equipment, robotics, manufacturing tooling, specialty equipment services, and pure research and development; and these innovative capabilities are critical to United States national security and to Space Force operations; and I. Washington has drawn a new generation of visionaries who are redefining space exploration including the mining of asteroids, ferrying 4.E.a Packet Pg. 9 At t a c h m e n t : D R A F T - S p a c e C o m m a n d R e s o l u t i o n ( 2 3 7 3 : S p a c e C o m m a n d H e a d q u a r t e r s R e s o l u t i o n – A d o p t ) 3 Space Command Resolution tourists to the outer reaches of inner space and designing systems that are taking humans to the Moon, Mars and beyond; and J. Kent Valley’s legacy and specialized workforce at Boeing, Lockheed Martin, Hexcel (formerly Heath Manufacturing), Carlisle Interconnect Technologies, Qi2, Exotic Metals Forming Company and innumerable other suppliers has also attracted space-related companies, such as Spaceflight Industries and LeoStella, alongside the global headquarters of Blue Origin; and K. SpaceX has developed satellite manufacturing capabilities in the Seattle Metro to support its Starlink satellite constellation for providing broadband internet. Other space companies and startups are also in the area and have added further diversity to the larger aerospace cluster in the region; and L. Local educational institutions provide support for research and workforce development in the Kent Valley region and strong talent resources in the aerospace industry are provided by the University of Washington and Washington State University, in addition to the development of innovative technologies through research and collaboration with industry experts; and M. The aerospace industry has been a major driver in the region’s economic growth as Washington hosts more than 1,400 aerospace-related companies and competes globally as a hotbed of space economic development; and N. Washington’s space industry employs more than 6,200 people, with more than half of those hosted by companies residing in Kent Valley; and 4.E.a Packet Pg. 10 At t a c h m e n t : D R A F T - S p a c e C o m m a n d R e s o l u t i o n ( 2 3 7 3 : S p a c e C o m m a n d H e a d q u a r t e r s R e s o l u t i o n – A d o p t ) 4 Space Command Resolution O. Over 2,000 Washington businesses provide support to the military and defense sector. While companies like Boeing, Lockheed Martin, Raytheon and UTC have facilities here, Insitu, Vigor Industrial and Dakota Creek Industries are headquartered here; and P. New space companies seek Kent Valley for its high quality of life, the Seattle metro’s leadership in all sectors of high technology, convenient and proximate access to larger firms such as Blue Origin, and the demonstrated ability of Kent Valley to draw in world-class STEM talent for its space and advanced manufacturing innovation firms. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. –The members of the City Council of Kent, Washington, urge the selection of Kent, Washington to host the permanent headquarters of the United States Space Command; and be it further SECTION 2. - The Clerk of the City Council transmit duly authenticated copies of this resolution to the President of the United States, the Secretary of Defense, the Secretary of the Air Force, the members of the Washington State Congressional delegation, and the news media outlets of Washington. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. 4.E.a Packet Pg. 11 At t a c h m e n t : D R A F T - S p a c e C o m m a n d R e s o l u t i o n ( 2 3 7 3 : S p a c e C o m m a n d H e a d q u a r t e r s R e s o l u t i o n – A d o p t ) 5 Space Command Resolution SECTION 4. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. August 18, 2020 DANA RALPH, MAYOR Date Approved ATTEST: August 18, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 4.E.a Packet Pg. 12 At t a c h m e n t : D R A F T - S p a c e C o m m a n d R e s o l u t i o n ( 2 3 7 3 : S p a c e C o m m a n d H e a d q u a r t e r s R e s o l u t i o n – A d o p t ) FINANCE DEPARTMENT Paula Painter, Finance Director 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: June Financial Report SUMMARY: Financial Planning Manager, Michelle Ferguson will present the June, 2020 financial report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. June 2020 Financial Report (PDF) 4.F Packet Pg. 13 2020 Adj Budget 2020 YTD Revenues 108,462,070 52,591,035 Expenditures 111,557,570 46,949,293 Net Revenues Less Expenditures (3,095,500) 5,641,743 Beginning Fund Balance 34,399,775 Ending Fund Balance 31,304,275 Ending Fund Balance Detail: General Fund Reserves 30,836,877 27.6% Restricted for Annexation 467,398 Required Ending Fund Balance Calculation Budgeted Expenditures for 2020 (from above)111,557,570 18.0% 18% GF Ending Fund Balance 20,080,363 June 2020 Monthly Financial Report City of Kent, Washington General Fund Overview 0.83 0.64 4.13 7.… 9.46 11.91 18.92 20.65 21.67 32.57 30.84 0 5 10 15 20 25 30 35 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Budget General Fund Ending Fund Balance History (excluding Annexation)$ in million Page 1 of 14 4.F.a Packet Pg. 14 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) Revenue Categories 2020 Adj Budget 2020 YTD Taxes: Property 30,457,820 16,476,886 Sales & Use 20,849,490 12,742,152 Utility 19,278,260 10,358,480 Business & Occupation 14,900,000 3,633,193 Other 897,440 182,935 Licenses and Permits 7,490,520 3,340,109 Intergovernmental Revenue 2,966,570 1,804,489 Charges for Services 6,275,920 2,031,042 Fines and Forfeitures 1,145,660 498,130 Miscellaneous Revenue 2,445,620 1,073,620 Transfers In 1,754,770 450,000 Total Revenues 108,462,070 52,591,035 June 2020 Monthly Financial Report City of Kent, Washington General Fund Overview - Revenues Property Taxes 28% Sales Taxes 19% Utility Taxes 18% B&O Taxes 14% Other Taxes 1% Licenses and Permits 7%Intergovernmental 2% Charges for Services 6% Fines and Forfeits 1% Misc & Transfers In 4% Other 13% 2020 Budgeted General Fund Revenues Page 2 of 14 4.F.a Packet Pg. 15 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) Prior Year Revenues Budgeted Revenues Actual Revenues January 6,139 6,068 6,877 February 5,923 5,403 5,736 March 7,624 8,036 6,774 April 20,431 18,006 16,925 May 9,230 7,786 8,588 June 6,226 6,388 7,691 July 8,682 7,795 0 August 6,437 5,773 0 September 7,074 7,055 0 October 21,274 18,486 0 November 8,154 7,336 0 December 12,620 10,330 0 Total 119,813 108,462 52,591 Prior Year Revenues Budgeted Revenues Actual Revenues January 0 12 0 February 262 237 247 March 866 890 1,461 April 12,268 12,635 9,328 May 2,730 2,110 3,199 June 128 131 2,242 July 87 110 0 August 80 106 0 September 842 652 0 October 11,573 11,685 0 November 1,688 1,657 0 December 208 233 0 Total 30,732 30,458 16,477 Prior Year Revenues Budgeted Revenues Actual Revenues January 2,060 1,574 2,158 February 2,485 1,940 2,425 March 2,058 1,564 2,143 April 1,788 1,484 1,929 May 2,244 1,758 1,959 June 1,765 1,487 2,127 July 2,331 1,702 0 August 2,540 1,898 0 September 2,310 1,736 0 October 2,532 1,787 0 November 2,589 1,916 0 December 2,418 2,005 0 Total 27,121 20,849 12,742 June 2020 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Property Tax Sales Tax $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act Page 3 of 14 4.F.a Packet Pg. 16 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) June 2020 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) Prior Year Revenues Budgeted Revenues Actual Revenues January 1,822 1,989 2,033 February 1,648 1,701 1,779 March 1,680 1,651 1,627 April 1,707 1,758 1,845 May 1,575 1,533 1,581 June 1,450 1,428 1,494 July 1,639 1,667 0 August 1,477 1,473 0 September 1,481 1,688 0 October 2,012 1,492 0 November 1,633 1,526 0 December 1,477 1,372 0 Total 19,600 19,278 10,358 Prior Year Revenues Budgeted Revenues Actual Revenues January 2 5 2 February 2 8 1 March 48 249 33 April 2,479 2,338 2,765 May 543 969 898 June 81 184 117 July 2,637 2,972 0 August 665 615 0 September 70 139 0 October 2,919 3,297 0 November 490 536 0 December 4,026 4,486 0 Total 13,963 15,797 3,816 Prior Year Revenues Budgeted Revenues Actual Revenues January 2,255 1,779 2,684 February 1,526 842 1,284 March 2,972 2,455 1,508 April 2,189 1,616 1,059 May 2,139 1,369 951 June 2,801 2,443 1,711 July 1,987 1,594 0 August 1,675 1,294 0 September 2,370 2,319 0 October 2,237 1,757 0 November 1,754 1,439 0 December 4,491 3,171 0 Total 28,396 22,079 9,197 Utility Tax Other Taxes Other Revenues (Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues) $0 $5,000 $10,000 $15,000 $20,000 $25,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act $0 $2,000 $4,000 $6,000 $8,000 $10,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act Page 4 of 14 4.F.a Packet Pg. 17 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) Department 2020 Adj Budget 2020 YTD City Council 491,610 202,170 Mayor's Office/City Clerk 2,042,670 837,157 Economic & Community Dev 7,982,390 3,431,991 Finance 2,906,800 1,129,176 Fire Contracted Services 3,676,240 1,746,931 Human Resources 1,985,880 818,711 Information Technology 202,550 249,667 Law 1,533,750 766,698 Municipal Court 3,714,520 1,668,605 Parks, Recreation & Comm Svcs 19,852,080 7,965,738 Police 45,647,930 21,380,887 Public Works 590,750 629,087 Non-Departmental 20,930,400 6,122,474 Total Expenditures 111,557,570 46,949,293 June 2020 Monthly Financial Report City of Kent, Washington General Fund Overview - Expenditures City Council 0.4% Human Resources 1.8% ECD 7% Finance 3% Fire Contracted Services 3% Human Resources 2% I.T. 0.2%Law 1% Municipal Court 3% Parks 18% Police 41% Public Works 1% Non-Departmental 19% Other 9% 2020 Budgeted General Fund Expenditures Page 5 of 14 4.F.a Packet Pg. 18 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 2020 Actual Actual Adj Budget YTD Beginning Fund Balance 21,595,173 23,750,461 34,399,775 34,399,775 Revenues Taxes: Property 29,971,155 30,731,786 30,457,820 16,476,886 Sales & Use 24,699,301 27,121,400 20,849,490 12,742,152 Utility 19,289,162 19,600,347 19,278,260 10,358,480 Business & Occupation 9,422,048 12,999,564 14,900,000 3,633,193 Other 1,074,356 963,837 897,440 182,935 Licenses and Permits 7,557,658 7,483,643 7,490,520 3,340,109 Intergovernmental Revenue 7,919,860 6,645,962 2,966,570 1,804,489 Charges for Services 6,602,681 7,996,846 6,275,920 2,031,042 Fines and Forfeitures 1,360,976 1,289,334 1,145,660 498,130 Miscellaneous Revenue 2,642,511 3,586,979 2,445,620 1,073,620 Transfers In 950,000 984,411 1,754,770 450,000 Total Revenues 111,489,706 119,404,108 108,462,070 52,591,035 Expenditures City Council 344,160 392,115 491,610 202,170 Mayor's Office/City Clerk 2,759,974 2,768,273 2,042,670 837,157 Economic & Community Dev 6,681,671 7,044,217 7,982,390 3,431,991 Finance 3,061,472 3,236,960 2,906,800 1,129,176 Fire Contracted Services 3,619,385 3,927,088 3,676,240 1,746,931 Human Resources 2,075,553 2,047,102 1,985,880 818,711 Information Technology 506,265 513,448 202,550 249,667 Law 1,673,438 1,801,507 1,533,750 766,698 Municipal Court 3,442,107 3,646,275 3,714,520 1,668,605 Parks, Recreation & Comm Svcs 17,992,171 18,396,678 19,852,080 7,965,738 Police 39,315,958 43,849,289 45,647,930 21,380,887 Public Works 1,155,562 1,208,835 590,750 629,087 Non-Departmental 26,706,702 20,332,204 20,930,400 6,122,474 Total Expenditures 109,334,419 109,163,991 111,557,570 46,949,293 Net Revenues less Expenditures 2,155,288 10,240,117 (3,095,500) 5,641,743 Ending Fund Balance 23,750,461 33,990,578 31,304,275 40,041,517 Ending Fund Balance Detail: General Fund Reserves 22,069,241 32,573,348 30,836,877 based on same year actuals/budget 20.2% 29.8% 27.6% Restricted for Annexation 1,681,220 1,417,230 467,398 June 2020 Monthly Financial Report City of Kent, Washington General Fund Page 6 of 14 4.F.a Packet Pg. 19 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 % of thru June thru June thru June Budget Revenues Taxes: Property 15,697,802 16,253,193 16,476,886 223,692 1.4%54.1% Sales & Use 11,312,838 12,399,945 12,742,152 342,206 2.8%61.1% Utility 10,135,978 9,881,918 10,358,480 476,562 4.8%53.7% Business & Occupation 1,934,400 2,906,813 3,633,193 726,379 25.0%24.4% Other 335,365 248,482 182,935 (65,547) -26.4%20.4% Licenses and Permits 3,882,775 3,876,832 3,340,109 (536,723) -13.8%44.6% Intergovernmental Revenue 4,068,988 3,991,314 1,804,489 (2,186,825) -54.8%60.8% Charges for Services 3,663,777 3,874,747 2,031,042 (1,843,705) -47.6%32.4% Fines and Forfeitures 598,380 660,227 498,130 (162,097) -24.6%43.5% Miscellaneous Revenue 1,076,976 1,440,818 1,073,620 (367,197) -25.5%43.9% Transfers In - 37,631 450,000 412,369 1095.8%25.6% Total Revenues 52,707,277 55,571,922 52,591,035 (2,980,886) -5.4%48.5% Expenditures City Council 180,277 195,302 202,170 6,868 3.5%41.1% Mayor's Office/City Clerk 1,161,917 1,380,643 837,157 (543,486) -39.4%41.0% Economic & Community Dev 3,370,795 3,430,662 3,431,991 1,329 0.0%43.0% Finance 1,532,044 1,672,454 1,129,176 (543,278) -32.5%38.8% Fire Contracted Services 1,645,682 1,806,340 1,746,931 (59,408) -3.3%47.5% Human Resources 1,045,097 1,077,642 818,711 (258,932) -24.0%41.2% Information Technology 253,349 250,835 249,667 (1,168) -0.5%123.3% Law 857,871 877,284 766,698 (110,586) -12.6%50.0% Municipal Court 1,641,308 1,768,759 1,668,605 (100,154) -5.7%44.9% Parks, Recreation & Comm Svcs 8,353,493 8,773,239 7,965,738 (807,501) -9.2%40.1% Police 19,344,704 20,947,051 21,380,887 433,835 2.1%46.8% Public Works 573,529 575,008 629,087 54,079 9.4%106.5% Non-Departmental 3,755,724 1,481,980 6,122,474 4,640,494 313.1%29.3% Total Expenditures 43,715,790 44,237,199 46,949,293 2,712,094 6.1%42.1% *General Govt. includes City Council, Mayor/Clerk, HR, IT, & Finance Variance June 2020 Monthly Financial Report City of Kent, Washington General Fund Year-to-Year Month Comparison 2020-19 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000 Property Taxes Sales & Use Taxes Utility Taxes Other Revenues GF Revenues thru June 2018 2019 2020 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Police Parks *General Govt. ECD Non-Dept & Other GF Expenditures thru June 2018 2019 2020 Page 7 of 14 4.F.a Packet Pg. 20 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2020 2020 Estimated Beginning Fund Balance 2020 Budgeted Revenues 2020 Budgeted Expenditures Estimated Ending Fund Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. General Fund 34,399,775 108,462,070 111,557,570 31,304,275 Street Fund 7,249,873 17,578,370 18,469,490 6,358,753 LEOFF 1 Retiree Benefits 1,921,274 1,201,170 1,546,320 1,576,124 Lodging Tax 185,825 303,510 349,780 139,555 Youth/Teen Programs 75,355 936,680 963,100 48,935 Capital Resources 18,658,224 20,581,220 27,615,030 11,624,414 Criminal Justice 7,867,703 8,302,270 8,582,070 7,587,903 ShoWare Operating 2,930,008 1,150,000 1,267,340 2,812,668 Other Operating 568,356 108,770 108,770 568,356 Councilmanic Debt Service 1,915,872 9,144,490 8,754,530 2,305,832 Special Assessments Debt Service 699,855 793,180 793,580 699,455 Water Utility 11,375,662 30,168,320 28,145,350 13,398,632 Sewer Utility 908,833 32,386,150 32,361,220 933,763 Drainage Utility 16,107,790 24,188,630 22,859,520 17,436,900 Solid Waste Utility 531,908 745,650 803,400 474,158 Golf Complex (601,973) 4,361,570 4,315,270 (555,673) Fleet Services 4,351,502 5,163,800 7,207,460 2,307,842 Central Services 55,834 456,010 396,590 115,254 Information Technology 3,728,511 9,580,630 12,245,160 1,063,981 Facilities 3,280,379 6,236,060 7,073,980 2,442,459 Unemployment 1,358,838 144,690 177,480 1,326,048 Workers Compensation 2,839,993 1,129,480 1,516,600 2,452,873 Employee Health & Wellness 5,729,769 15,842,530 15,688,790 5,883,509 Liability Insurance 1,923,261 2,190,430 2,091,380 2,022,311 Property Insurance 722,999 581,140 572,240 731,899 General Fund Special Revenue Funds Debt Service Funds Enterprise Funds Internal Service Funds Fund Balances June 2020 Monthly Financial Report City of Kent, Washington Page 8 of 14 4.F.a Packet Pg. 21 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 2020 Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Street Fund Revenues 15,241,855 19,786,844 17,578,370 6,050,351 Expenditures 15,698,374 17,953,938 18,469,490 5,314,806 Net Revenues Less Expenditures (456,519)1,832,906 (891,120)735,545 LEOFF 1 Retiree Benefits Revenues 1,948,504 1,401,786 1,201,170 307,320 Expenditures 1,372,764 1,352,624 1,546,320 788,181 Net Revenues Less Expenditures 575,740 49,162 (345,150)(480,860) Lodging Tax Revenues 320,774 314,588 303,510 85,452 Expenditures 441,566 465,527 349,780 159,969 Net Revenues Less Expenditures (120,791)(150,940)(46,270)(74,517) Youth/Teen Programs Revenues 928,958 941,240 936,680 499,255 Expenditures 942,000 957,730 963,100 3,545 Net Revenues Less Expenditures (13,042)(16,490)(26,420)495,710 Capital Resources Revenues 22,962,097 25,312,158 20,581,220 9,967,609 Expenditures 23,009,239 22,251,119 27,615,030 1,591,438 Net Revenues Less Expenditures (47,142)3,061,040 (7,033,810)8,376,171 Criminal Justice Revenues 5,141,297 6,738,402 8,302,270 3,520,692 Expenditures 5,090,504 6,118,496 8,582,070 2,755,780 Net Revenues Less Expenditures 50,792 619,907 (279,800)764,912 ShoWare Operating Revenues 1,502,759 1,456,311 1,150,000 128,429 Expenditures 1,373,763 1,089,763 1,267,340 903,625 Net Revenues Less Expenditures 128,996 366,548 (117,340)(775,195) Other Operating Revenues 133,288 113,321 108,770 Expenditures 72,045 132,366 108,770 73,777 Net Revenues Less Expenditures 61,243 (19,045)(73,777) Councilmanic Debt Service Revenues 10,535,010 10,266,923 9,144,490 2,410,093 Expenditures 10,070,185 9,802,097 8,754,530 2,469,698 Net Revenues Less Expenditures 464,826 464,826 389,960 (59,605) Debt Service Funds June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Special Revenue Funds Page 9 of 14 4.F.a Packet Pg. 22 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 2020 Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Special Assessment Debt Service Revenues 1,458,264 1,339,332 793,180 234,489 Expenditures 1,561,009 1,119,393 793,580 328,257 Net Revenues Less Expenditures (102,745)219,939 (400)(93,768) Water Utility Revenues 29,438,960 32,626,406 30,168,320 13,933,337 Expenditures 28,004,249 35,348,583 28,145,350 10,816,963 Net Revenues Less Expenditures 1,434,710 (2,722,177)2,022,970 3,116,375 Sewer Utility Revenues 33,063,798 32,386,150 16,477,442 Expenditures 31,664,339 32,361,220 14,451,914 Net Revenues Less Expenditures 1,399,458 24,930 2,025,528 Note: Sewer Utility was combined with Drainage Utility in 2018. Drainage Utility Revenues 57,343,023 29,373,133 24,188,630 11,497,830 Expenditures 56,890,091 28,566,673 22,859,520 8,472,994 Net Revenues Less Expenditures 452,932 806,461 1,329,110 3,024,836 Solid Waste Utility Revenues 799,794 874,164 745,650 341,442 Expenditures 812,476 809,006 803,400 534,634 Net Revenues Less Expenditures (12,682)65,158 (57,750)(193,192) Golf Complex Revenues 9,229,538 2,698,609 4,361,570 4,464,407 Expenditures 6,467,553 2,811,737 4,315,270 1,210,112 Net Revenues Less Expenditures 2,761,985 (113,128)46,300 3,254,295 Fleet Services Revenues 5,686,534 8,514,159 5,163,800 2,688,357 Expenditures 7,286,339 6,413,500 7,207,460 2,768,137 Net Revenues Less Expenditures (1,599,805)2,100,659 (2,043,660)(79,780) Central Services Revenues 375,410 367,717 456,010 145,446 Expenditures 357,253 326,927 396,590 133,662 Net Revenues Less Expenditures 18,157 40,790 59,420 11,784 Enterprise Funds Internal Service Funds Note: Golf revenues include proceeds from the sale of land of $6m in 2018 and $3.8m in 2020. 2018 Exp include $3.3m transfer to Capital Projects Page 10 of 14 4.F.a Packet Pg. 23 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 2020 Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Information Technology Revenues 8,416,261 9,063,603 9,580,630 4,665,944 Expenditures 8,676,906 8,702,490 12,245,160 4,905,589 Net Revenues Less Expenditures (260,645)361,113 (2,664,530)(239,645) Facilities Revenues 4,941,020 5,967,608 6,236,060 2,637,900 Expenditures 4,933,077 5,035,505 7,073,980 2,196,892 Net Revenues Less Expenditures 7,943 932,103 (837,920)441,008 Unemployment Revenues 158,565 178,465 144,690 82,203 Expenditures 181,851 220,850 177,480 129,885 Net Revenues Less Expenditures (23,286)(42,384)(32,790)(47,682) Workers Compensation Revenues 1,829,452 1,289,364 1,129,480 748,497 Expenditures 725,048 1,928,101 1,516,600 570,106 Net Revenues Less Expenditures 1,104,404 (638,737)(387,120)178,390 Employee Health & Wellness Revenues 13,857,791 15,629,649 15,842,530 7,819,159 Expenditures 12,931,931 13,786,308 15,688,790 6,208,372 Net Revenues Less Expenditures 925,860 1,843,342 153,740 1,610,787 Liability Insurance Revenues 1,950,908 2,798,493 2,190,430 1,302,256 Expenditures 2,733,726 1,753,545 2,091,380 1,185,805 Net Revenues Less Expenditures (782,818)1,044,947 99,050 116,451 Property Insurance Revenues 587,906 1,328,717 581,140 290,581 Expenditures 632,404 1,213,255 572,240 256,750 Net Revenues Less Expenditures (44,498)115,462 8,900 33,831 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 2018 Actuals 2019 Actuals 2020 Budget Other Fund Revenues 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 2018 Actuals 2019 Actuals 2020 Budget Other Fund Expenditures Special Revenue Funds Enterprise Funds Internal Service Funds Page 11 of 14 4.F.a Packet Pg. 24 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 thru June thru June thru June Operating revenues and expenditures only; capital and non-capital projects are excluded. Street Fund Revenues 5,668,922 6,949,074 6,050,351 (898,723)-12.9% Expenditures 6,661,636 7,611,352 5,314,806 (2,296,545)-30.2% Net Revenues Less Expenditures (992,715)(662,278)735,545 LEOFF 1 Retiree Benefits Revenues 381,608 95,355 307,320 211,966 222.3% Expenditures 746,764 699,387 788,181 88,794 12.7% Net Revenues Less Expenditures (365,156)(604,032)(480,860) Lodging Tax Revenues 118,910 120,948 85,452 (35,496)-29.3% Expenditures 184,775 199,987 159,969 (40,018)-20.0% Net Revenues Less Expenditures (65,864)(79,039)(74,517) Youth/Teen Programs Revenues 500,188 478,257 499,255 20,998 4.4% Expenditures 3,545 3,545 Net Revenues Less Expenditures 500,188 478,257 495,710 Capital Resources Revenues 9,430,999 8,049,723 9,967,609 1,917,886 23.8% Expenditures 2,709,213 3,161,111 1,591,438 (1,569,674)-49.7% Net Revenues Less Expenditures 6,721,786 4,888,612 8,376,171 Criminal Justice Revenues 2,366,315 2,606,155 3,520,692 914,538 35.1% Expenditures 2,120,557 3,273,366 2,755,780 (517,586)-15.8% Net Revenues Less Expenditures 245,758 (667,212)764,912 ShoWare Operating Revenues 245,714 132,763 128,429 (4,333)-3.3% Expenditures 403,928 529,590 903,625 374,035 70.6% Net Revenues Less Expenditures (158,214)(396,827)(775,195) Admissions Tax revenues received quarterly (April, July, September, January) Other Operating Revenues Expenditures 27,047 72,674 73,777 1,103 1.5% Net Revenues Less Expenditures (27,047)(72,674)(73,777) Combines several small programs, including City Art Program and Neighborhood Matching Grants Special Revenue Funds Variance June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2020-2019 Page 12 of 14 4.F.a Packet Pg. 25 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 thru June thru June thru June Operating revenues and expenditures only; capital and non-capital projects are excluded. Variance June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2020-2019 Councilmanic Debt Service Revenues 2,620,517 2,510,901 2,410,093 (100,808)-4.0% Expenditures 2,620,517 2,533,468 2,469,698 (63,770)-2.5% Net Revenues Less Expenditures (22,567)(59,605) Debt service payments are generally due in June and December. Special Assessments Debt Service Revenues 536,531 440,636 234,489 (206,147)-46.8% Expenditures 188,577 436,072 328,257 (107,815)-24.7% Net Revenues Less Expenditures 347,954 4,564 (93,768) Water Utility Revenues 13,113,205 14,794,532 13,933,337 (861,194)-5.8% Expenditures 10,612,829 10,427,374 10,816,963 389,589 3.7% Net Revenues Less Expenditures 2,500,376 4,367,158 3,116,375 Sewer Utility Revenues 16,180,823 16,477,442 296,620 1.8% Expenditures 14,355,108 14,451,914 96,806 0.7% Net Revenues Less Expenditures 1,825,715 2,025,528 Note: Sewer Utility was combined with Drainage Utility in 2018. Drainage Utility Revenues 27,846,325 12,372,978 11,497,830 (875,148)-7.1% Expenditures 21,388,358 7,184,531 8,472,994 1,288,463 17.9% Net Revenues Less Expenditures 6,457,967 5,188,448 3,024,836 Note: Sewer Utility was combined with Drainage Utility in 2018. Solid Waste Utility Revenues 321,873 337,019 341,442 4,424 1.3% Expenditures 412,653 371,946 534,634 162,688 43.7% Net Revenues Less Expenditures (90,780)(34,927)(193,192) Golf Complex Revenues 7,173,950 1,217,934 4,464,407 3,246,472 266.6% Expenditures 1,181,338 1,365,106 1,210,112 (154,994)-11.4% Net Revenues Less Expenditures 5,992,612 (147,172)3,254,295 Golf revenues include proceeds from the sale of land of $6m in 2018 and $3.8m in 2020 (both for PAR3 sale). Fleet Services Revenues 2,440,542 4,461,276 2,688,357 (1,772,920)-39.7% Expenditures 2,479,456 3,475,128 2,768,137 (706,991)-20.3% Net Revenues Less Expenditures (38,914)986,148 (79,780) Central Services Revenues 214,324 190,040 145,446 (44,595)-23.5% Expenditures 205,348 163,954 133,662 (30,292)-18.5% Net Revenues Less Expenditures 8,976 26,086 11,784 Debt Service Funds Enterprise Funds Internal Service Funds Page 13 of 14 4.F.a Packet Pg. 26 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) 2018 2019 2020 thru June thru June thru June Operating revenues and expenditures only; capital and non-capital projects are excluded. Variance June 2020 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2020-2019 Information Technology Revenues 4,147,658 4,888,326 4,665,944 (222,382)-4.5% Expenditures 4,041,675 4,013,012 4,905,589 892,577 22.2% Net Revenues Less Expenditures 105,983 875,314 (239,645) Facilities Revenues 2,435,915 2,627,069 2,637,900 10,831 0.4% Expenditures 1,985,735 2,088,039 2,196,892 108,853 5.2% Net Revenues Less Expenditures 450,179 539,030 441,008 Unemployment Revenues 71,481 81,725 82,203 478 0.6% Expenditures 97,825 123,733 129,885 6,152 5.0% Net Revenues Less Expenditures (26,344)(42,008)(47,682) Workers Compensation Revenues 520,912 612,554 748,497 135,943 22.2% Expenditures 545,678 574,702 570,106 (4,595)-0.8% Net Revenues Less Expenditures (24,766)37,852 178,390 Employee Health & Wellness Revenues 6,590,968 7,566,241 7,819,159 252,918 3.3% Expenditures 6,831,995 6,638,790 6,208,372 (430,418)-6.5% Net Revenues Less Expenditures (241,027)927,451 1,610,787 Liability Insurance Revenues 852,219 1,096,600 1,302,256 205,656 18.8% Expenditures 1,491,174 1,398,374 1,185,805 (212,570)-15.2% Net Revenues Less Expenditures (638,955)(301,775)116,451 Property Insurance Revenues 287,795 1,033,328 290,581 (742,748)-71.9% Expenditures 222,713 501,304 256,750 (244,554)-48.8% Net Revenues Less Expenditures 65,083 532,024 33,831 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 Special Revenue Funds Enterprise Funds Internal Service Funds Other Fund Revenues thru June 2018 2019 2020 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 Special Revenue Funds Enterprise Funds Internal Service Funds Other Fund Expenditures thru June 2018 2019 2020 Page 14 of 14 4.F.a Packet Pg. 27 At t a c h m e n t : J u n e 2 0 2 0 F i n a n c i a l R e p o r t ( 2 3 7 4 : I N F O O N L Y : J u n e F i n a n c i a l R e p o r t ) FINANCE DEPARTMENT Paula Painter, Finance Director 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Consolidated Budget Adjustment Ordinance for Adjustments Between April 1, 2020 and June 30, 2020 – Adopt MOTION: Adopt Ordinance No. 4364, approving the consolidating budget adjustments made between April 1, 2020 and June 30, 2020, reflecting an overall budget increase of $19,253,712. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $19,253,712. Adjustments totaling $5,719,459 have previously been approved by Council and are summarized as follows: A total of $1,510,699 in grants: · $970,000 Department of Commerce grant for the YMCA project. · $400,000 King County Flood Control District grant for Lower Russel Road Levee-South 231st. · $80,310 in Criminal Justice - Justice Assistance Grants. · $43,309 true-up of 2019 Community Development Block Grants. · $17,080 in other grants including a Washington Public Defense grant ($12k), police mini grant ($2.5k), and Sub Regional Opportunity Fund Drainage Grant ($2.5k). A total of $3,190,400 in adjustments related to the Human Capital Management and Automation project: · $1,450,200 in transfers from CRF ($617k) and IT Operating fund balance ($833k) HCMA. · $1,740,200 use of funds for HCMA project, including from IT Operating fund balance ($833k) and CRF fund balance ($617k) above, as well as funds from IT’s Tech Plans project ($290k). See Budget Adjustment Detail attached. A total of $968,360 in carryforward budgets for the Fleet Services and Solid 4.G Packet Pg. 28 Waste Operating funds that were previously authorized in 2019: · $860,120 for Fleet vehicles still on order at the end of 2019. · $108,240 in recycling grants (WRR, LHWMP, & LSWFA Grants). $50,000 Covid-19 budget increase to Lodging Tax Fund for business recovery efforts. The remaining adjustments totaling $13,534,253 have not been previously approved by Council. Highlights include: · $9,257,260 use of funding sources for the YMCA project, including YMCA lease proceeds ($8.9m), Trench Agreement Utilities from MOU ($196k), fee- in-lieu funds ($85k), KC 2014-2019 Levy funds ($50k), Public Arts Program ($25k), and other sources ($10k) - see Budget Adjustment Detail attached. · $4,246,853 in street project funding, including $2.6m for S 212th (streets lifecycle transfer and unallocated B&O reallocation), $699k for 76th Ave Road Raising (unallocated B&O reallocation), $670k for 4th & Willis roundabout and associated transfer ($335k 2019 Interest Income budget established in unallocated projects and $335k transfer of funds to 4th & Willis), $250k for Meeker St frontage (golf funds), and $27k to true up unallocated projects. · ($2,599,230) decrease in reallocated budgets from Unallocated B&O to S 212th & 76th Ave Road Raising. See amounts above and in Budget Adjustment Detail. · $2,032,900 in net fund increases due to the Covid-19 reduction exercise. Net fund decreases will be reflected in Q3. · $700,000 transfer from streets lifecycle fund balance to streets capital projects for South 212th. · $122,690 Covid-19 JAG grant. · ($201,220) net decrease for GIS budgets and allocations due to GIS reorganization. · $25,000 in other items including Water Utility funds used for WaterTrax project ($35k), offset by a decrease for defunding the CorEMR IT project ($10k). BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 4.G Packet Pg. 29 1. Budget Adjustment Ordinance Q2 2020 Supp (PDF) 4.G Packet Pg. 30 1 2019-2020 Budget Adjustment April 1, 2020 to June 30, 2020 ORDINANCE NO. 4364 AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between April 1, 2020 and June 30, 2020, reflecting an overall budget increase of $19,253,712. RECITALS A. Expenditures as classified in the final, adopted budget constitute the City’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2019-2020 biennial budget is amended to include budget fund adjustments for the second quarter of 2020 from April 1, 2020 to June 30, 2020, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except 4.G.a Packet Pg. 31 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 2 2 0 2 0 S u p p ( 2 3 7 5 : C o n s o l i d a t e d B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s ) 2 2019-2020 Budget Adjustment April 1, 2020 to June 30, 2020 as amended by this ordinance, all terms and provisions of the 2019-2020 biennial budget Ordinance No. 4296, as amended by Ordinance Nos. 4324, 4330, 4343, 4344, 4351, 4354 and 4359, shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 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 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. August 18, 2020 DANA RALPH, MAYOR Date Approved ATTEST: August 18, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted August 21, 2020 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 4.G.a Packet Pg. 32 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 2 2 0 2 0 S u p p ( 2 3 7 5 : C o n s o l i d a t e d B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s ) Fund Title Previously Approved Approval Requested Total Adjustment Ordinance General Fund 12,000 - 12,000 Street Fund - (1,838,880) (1,838,880) Lodging Tax Fund 50,000 - 50,000 Capital Resource Fund 616,960 - 616,960 Criminal Justice Fund 82,810 745,690 828,500 Housing & Community Development Fund 43,309 - 43,309 Street Capital Projects - 4,246,853 4,246,853 Parks Capital Projects 970,000 9,257,260 10,227,260 Technology Capital Projects 1,740,200 25,000 1,765,200 Water Operating Fund - 51,910 51,910 Sewerage Operating Fund - 85,750 85,750 Drainage Operating Fund 402,580 124,990 527,570 Solid Waste Operating Fund 108,240 63,860 172,100 Fleet Services Fund 860,120 - 860,120 Central Services Fund 833,240 (460,670) 372,570 Insurance Funds - 1,232,490 1,232,490 Total 5,719,459 13,534,253 19,253,712 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments from April 1, 2020 to June 30, 2020 4.G.a Packet Pg. 33 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 2 2 0 2 0 S u p p ( 2 3 7 5 : C o n s o l i d a t e d B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s ) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance General Fund WA Public Defense Grant KCC 3.70 12,000 12,000 Reverse transfer to IT to defund CorEMR project (10,000) (10,000) Re-establish budget in Corrections due to defunding CorEMR project 10,000 10,000 Total General Fund 12,000 - 12,000 Street Fund Reallocate Unallocated B&O budget to S 212th project (1,900,000) (1,900,000) Reallocate Unallocated B&O budget to 76th Ave Road Raising (699,230) (699,230) Transfer Street Lifecycle funds from fund balance to S 212th project 700,000 700,000 Adjust PW GIS salaries & benefits 70,310 70,310 Reduced GIS allocation (9,960) (9,960) Total Street Fund - (1,838,880) (1,838,880) Lodging Tax Fund Covid-19 net budget increase (Reallocation for Business Recover Efforts)5/19/2020 50,000 50,000 Total Lodging Tax Fund 50,000 - 50,000 Capital Resource Fund Transfer of funds to HCMA System project 6/2/2020 616,960 616,960 Total Capital Resource Fund 616,960 - 616,960 Criminal Justice Fund True up of 2017 JAG Grant KCC 3.70 1,250 1,250 2018 JAG Grant KCC 3.70 37,530 37,530 2019 JAG Grant KCC 3.70 41,530 41,530 Covid-19 JAG Grant 122,690 122,690 PD Mini Grant KCC 3.70 2,500 2,500 Covid-19 net budget increase 623,000 623,000 Total Criminal Justice Fund 82,810 745,690 828,500 Housing & Community Development Fund True-up of 2019 CDBG grants KCC 3.70 43,309 43,309 Total Housing & Community Development Fund 43,309 - 43,309 Street Capital Projects Use of Golf funds transferred in for Meeker frontage 250,000 250,000 Reallocation of Unallocated B&O budget for S 212th project 1,900,000 1,900,000 Reallocation of Unallocated B&O budget for 76th Ave road rising 699,230 699,230 Use of funds transferred in from Streets Lifecycle for S 212th project 700,000 700,000 Establish budget for 2019 Interest income in unallocated projects 335,260 335,260 True up unallocated projects budget to actuals 27,103 27,103 Reduce unallocated projects budget to transfer funds (335,260) (335,260) Transfer funds from unallocated streets project to 4th & Will Roundabout 335,260 335,260 Establish budget in 4th & Will Roundabout project 335,260 335,260 Total Street Capital Projects Fund - 4,246,853 4,246,853 Parks Capital Projects DOC Commerce Grant for YMCA 7/2/19 970,000 970,000 Use of YMCA lease proceeds for YMCA project 8,891,710 8,891,710 Use of fee-in-lieu funds for YMCA 84,570 84,570 Use of funds from KCCF Grant for Lannoye Property for YMCA 3,000 3,000 Use of KC 2014-2019 levy funds for YMCA artwork 50,000 50,000 Use of Trench Agreement Utilities from MOU for YMCA 195,600 195,600 Use of Kent Methodist Church share of parking lot repairs for YMCA 5,920 5,920 Use of Kent Parks Foundation donation for dog park (YMCA project)1,460 1,460 Use of funds transferred from Public Arts Program to YMCA 25,000 25,000 Total Parks Capital Projects 970,000 9,257,260 10,227,260 Budget Adjustment Detail for Budget Changes April 1, 2020 to June 30, 2020 4.G.a Packet Pg. 34 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 2 2 0 2 0 S u p p ( 2 3 7 5 : C o n s o l i d a t e d B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s ) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Budget Adjustment Detail for Budget Changes April 1, 2020 to June 30, 2020 Technology Capital Projects Use of CRF funds for HMCA project 6/2/2020 616,960 616,960 Use of funds transferred from IT operating fund balance for HMCA project 6/2/2020 833,240 833,240 Reduction of Tech Plan budget to transfer funds to HMCA project 6/2/2020 (290,000) (290,000) Transfer of Tech Plan funds to HMCA project 6/2/2020 290,000 290,000 Establish budget for Tech Plan funds transferred to HMCA project 6/2/2020 290,000 290,000 Use of funds transferred from Water Operating Fund for WaterTrax project 35,000 35,000 Reverse transfer from Corrections to defund CorEMR project (10,000) (10,000) Total Technology Capital Projects 1,740,200 25,000 1,765,200 Water Operating Fund Adjust PW GIS salaries & benefits 106,690 106,690 Reduced GIS allocation (54,780) (54,780) Total Water Operating Fund - 51,910 51,910 Sewerage Operating Fund Adjust PW GIS salaries & benefits 96,710 96,710 Reduced GIS allocation (10,960) (10,960) Total Sewerage Operating Fund - 85,750 85,750 Drainage Operating Fund Adjust PW GIS salaries & benefits 116,220 116,220 Reduced GIS allocation (54,780) (54,780) Use of KCFCD Grant funds for Lower Russell Rd Levee-S231st 4/16/19 400,000 400,000 Covid-19 net budget increase 63,550 63,550 SROF Grant Amendment KCC 3.7 2,580 2,580 Total Drainage Operating Fund 402,580 124,990 527,570 Solid Waste Operating Fund Carryover budget 2019 108,240 108,240 Covid-19 net budget increase 63,860 63,860 Total Solid Waste Operating Fund 108,240 63,860 172,100 Fleet Services Fund Carryover budget 2019 860,120 860,120 Total Fleet Services Fund 860,120 - 860,120 Central Services Fund GIS budget adjustments (450,730)(450,730) Reduced GIS allocation (9,940)(9,940) Transfer of IT operating fund balance to HCMA project 6/2/2020 833,240 833,240 Total Central Services Fund 833,240 (460,670) 372,570 Insurance Funds Covid-19 net budget increase 232,490 232,490 Return prior year GF transfers to Healthcare Fund back to GF fund balance 1,000,000 1,000,000 Total Insurance Funds - 1,232,490 1,232,490 Grand Total All Funds 5,719,459 13,534,253 19,253,712 4.G.a Packet Pg. 35 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 2 2 0 2 0 S u p p ( 2 3 7 5 : C o n s o l i d a t e d B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s ) FINANCE DEPARTMENT Paula Painter, Finance Director 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills – Approve MOTION: Approve the Payment of Bills. SUMMARY: BUDGET IMPACT: 4.H Packet Pg. 36 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South Kent, WA 98032-5895 253-856-4600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Agreement for Consultant Services with N. Harris Computer Corp. for Continued Integration of Existing Point of Sale System - Authorize MOTION: Authorize the Mayor to sign a Master Professional Services Agreement with N. Harris Computer Corporation for professional services related to continued system integration into the City’s existing point of sale system through the term of the Agreement or any negotiated extension to the extent those services can be paid for within established budgets, subject to final contract terms acceptable to the IT Director and City Attorney. SUMMARY: The City previously negotiated a series of agreements with the N. Harris Computer Corp. to install and integrate the iNovah point of sale software with existing systems located in the Finance and Police Departments. When that work was complete, the services agreement expired, while the iNovah software licensing and maintenance agreements continue to remain in effect and can be amended to add additional use of the software. The City has both current and future needs to integrate the iNovah software with several other systems throughout the City, and in order to do so, it is necessary to enter into a new professional services agreement with N. Harris Computer Corp. to retain its integration services. N. Harris Computer Corp’s services are currently needed to integrate the City’s business licensing and permitting systems with iNovah. Additionally, it is anticipated that future systems will also require integration. Having a Master Professional Services Agreement in place for a several year term will allow IT to more easily award any additional integration efforts necessary as more of the City’s systems seek to leverage iNovah for point of sale. The Master Professional Services Agreement presented for approval would remain in effect through June 1, 2022, and provides the City with an option to renew it for one additional two-year term. The immediate work needed for the business licensing and permitting systems are explained in detail within Schedules A-1 and A-2 to the attached Master Professional Services Agreement, but are briefly summarized below. Future work would be negotiated through subsequent Statements of Work (“SOW”) that would become part of the agreement once fully signed. 4.I Packet Pg. 37 · Schedule A-1 will integrate the City’s custom-developed Business License System with iNovah and ultimately allow the Finance Customer Service group to be able to accept business license payments in person. The iNovah system will process payments and update the Business License system accordingly using real-time bidirectional integration to the City of Kent’s Custom Business License System. Undertaking this effort will add Capital Asset value to the iNovah system. · Schedule A-2 will integrate the AMANDA permitting system and iNovah to allow iNovah to search for customer’s account and return only the currently owed fees on the customer’s account. The iNovah system will process payments and update AMANDA accordingly using real-time bidirectional integration. Undertaking this effort will add Capital Asset value to the iNovah system. Deliverables under the Master Professional Services Agreement include system integration testing, end user training, and confirmation of Operational Readiness. The services under Schedule A-1 will be fully covered by existing and budgeted Finance Software Lifecycle (SLC) funds. The services under Schedule A-2 will be fully covered by existing and budgeted Economic & Community Development (ECD) SLC funds. The consultant work to be provided by N. Harris Computer Corp. through Schedules A-1 and A-2 of the Master Professional Services Agreement will cost $55,200 and $63,120, respectively, for a total cost of $118,320. Additional integration costs for this current project include licensing and support fees, to be authorized by the Mayor through amendments to those existing agreements, for a total first year project cost of $132,070. Thereafter, expenses are limited to additional annual support and maintenance costs of $13,750 to include 10% sales tax. BUDGET IMPACT: Description Cost Impact Schedule A-1 - Maintenance (Annual + 10% Tax) $5,500 Schedule A-1 - Consultant Services $55,200 Schedule A-1 Business License Sub-Total $60,700 Schedule A-2 - Maintenance (Annual + 10% Tax) $8,250 Schedule A-2 - Consultant Services $63,120 Schedule A-2 AMANDA Sub-Total $71,370 Total Software Licensing & Consultant Services $132,070 SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 4.I Packet Pg. 38 ATTACHMENTS: 1. Exhibit A-N.Harris Master Professional Services Agreement (PDF) 2. Exhibit B-Major Critical Path Business Systems Roadmap (PDF) 4.I Packet Pg. 39 - 1 - MASTER PROFESSIONAL SERVICES AGREEMENT THIS MASTER PROFESSIONAL SERVICES AGREEMENT made as of the _1 day of _June , _2020 (“Effective Date”). BETWEEN: N. HARRIS COMPUTER CORPORATION, A FOREIGN CORPORATION (“Harris”) - and - CITY OF KENT, WA, A WASHINGTON MUNICIPAL CORPORATION (“Organization”) RECITALS 1. The Organization wishes retain Harris to perform certain professional services from time to time, as set out herein in respect of certain Harris software licensed by Organization pursuant to a Software License Agreement entered into by the parties on March 6, 2018 (the “Software License Agreement”). 2. Harris provides Organization with support and maintenance services pursuant to a support and maintenance agreement executed by the parties on March 6, 2018 (the “Support and Maintenance Agreement”). NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 1.1 Definitions ARTICLE I INTERPRETATION Throughout this Agreement, except as otherwise expressly provided, the following words and expressions shall have the following meanings: (a) “Agreement” and similar expressions mean this Master Professional Services Agreement, including all of its Schedules and all instruments supplementing, amending or confirming this Agreement. All references to “Articles” or “Sections” mean and refer to the specified Article or Section of this Agreement except where a different agreement is explicitly identified. 4.I.a Packet Pg. 40 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 2 - (b) “Change Order” means any written documentation between the Organization and Harris evidencing their agreement to change particular aspects of this Agreement. (c) “Completion of Services” means that the Services are complete in accordance with the specifications set out in a Statement of Work. (d) “Designated Computer System” shall mean the Organization’s platform and operating system environment which is specified in the Statement of Work for the installation and operation of the Software. (e) “Required Programs” has the meaning set out in Section 3.04 of the Software License Agreement and includes any additional required software programs set out in a Statement of Work. (f) “Services” has the meaning set out in Section 2.1 below. (g) “Software” means the Harris software products, applications or Application Programming Interface (APIs) listed in a particular Statement of Work. The term “Software” excludes any third party software except where this Agreement explicitly states otherwise. (h) “Statement of Work” means the form of statement of work appended hereto as Schedule “A” as may be executed by the parties from time to time, describing the scope of work and delineating, among other things, the Services, the associated schedule and applicable fees, as such schedule and fees may be amended or modified by written agreement of the parties. Upon full execution, a Statement of Work shall become an integral part of this Agreement. (i) “Third Party Software” means the third party software product, if any, listed in Schedule “A”. (j) “Update” means a minor release of the Software which includes minor published modifications or enhancements to the Software related to a bug fix, minor additional functionality or legislative changes. An Update is designated by a change in the right-most digit in the version number (for example, a change from X.1 to X.2). (k) “Upgrade” means a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software. An Upgrade is designated by a change in the number to the left of the decimal point in the version number (for example, a change from 1.X to 2.X. Terms not otherwise defined in this Agreement shall have the meaning attributed to it in the Software License Agreement. Any discrepancy between a defined term in this 4.I.a Packet Pg. 41 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 3 - Agreement and one in the Software License Agreement shall be resolved in favour of the definition in this Agreement, to the extent that there is an inconsistency. 1.2 Schedules The Schedules described below and appended to this Agreement shall be deemed to be integral parts of this Agreement. Schedule “A” - Sample Form Statement of Work Schedule “B” - Sample Form Change Order Schedule “C” - Insurance Requirements for Consultant Services Agreements In the event of any conflict or inconsistency between the terms and conditions in the main body of this Agreement and the terms and conditions in any Schedule, the terms and conditions of the main body of this Agreement shall control. 2.1 Services ARTICLE II PROFESSIONAL SERVICES In order to achieve the Completion of Services, Harris agrees, subject to the terms and conditions of this Agreement, to perform the following services (the “Services”) to the reasonable satisfaction of the Organization in accordance with the relevant Statement of Work: (a) Oversee and implement the conversion from the Organization’s existing software applications to Harris’s Software. (b) Install the Software and perform necessary installation and configuration operations. (c) Provide training. (i) Harris recommends a maximum of ten (10) people in each training class for optimal training. In any training class exceeding ten (10) people, Organization may be assessed an additional charge for additional instructors. (ii) Organization is required to make copies of the training manuals required for the training classes either by photocopy or electronic duplication each of which is subject to the restrictions and obligations contained in this Agreement. (iii) On-line reference documentation is delivered with each release. Organization may print this documentation solely for its internal use. (d) The Statement of Work describes in greater detail the Services, the method by which the Services shall be performed, any acceptance testing required by Organization, and other obligations on the part of the two parties. Despite the 4.I.a Packet Pg. 42 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 4 - foregoing, any warranties or representations on the part of Harris in the Statement 4.I.a Packet Pg. 43 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 5 - of Work are not binding on Harris and are merely provided for information purposes; the only warranties and representations provided by Harris in respect of the Services and this Agreement are found in Article III . 2.2 Term of Agreement The term of this Agreement shall commence on the Effective Date and shall continue in force through June 1, 2022, with an option, at the City’s sole discretion, to renew for an additional Two (2) year term. This Agreement shall terminate automatically upon either the expiration of this Agreement’s term or upon the expiration or termination of the last effective Statement of Work executed under this Agreement, whichever event occurs first, unless terminated earlier as provided for by this Agreement. No Statement of Work may exceed the term of this Agreement. 2.3 Performance by Harris (a) Harris’s Discretion – Harris agrees that its services shall be performed timely, in a professional manner, and in accordance with industry practices in effect at the time those services are performed, by qualified personnel familiar with the software and its operation. Harris shall not be responsible for any delays to the project schedules as a result of the actions or omissions by Organization or any third parties, excluding Harris’ subcontractors or other agents. Harris shall determine in its sole discretion the manner and means by which the Services shall be performed, with due consideration of Organization’s concerns. Organization acknowledges that Harris has expertise in providing the Services. (b) In addition to any other duties provided for under this Agreement, Harris shall manage the delivery, installation, and configuration of the system and the performance of all services in connection therewith as described in, and in conformance with, the attached and incorporated Schedule A, Statement of Work. (c) Throughout integration Harris will promptly correct all defects to the extent those defects originate from the acts or omissions of Harris’ Software, products, personnel, or subcontractors. Harris agrees to notify the Organization in writing of all material defects, whether discovered by other parties or by Harris, within 10 business days of their discovery and fix the problem within a commercially reasonable time. If Harris is unable to fix the problem, then Harris shall provide a work around acceptable to the Organization. A defect is considered material if it has the potential to delay or inhibit the primary functionality of the Software or if said defect has the potential to corrupt Organization data. (d) Harris understands and agrees that its staff members in key roles will remain on this project, that their level of involvement will not decrease beyond that proposed, and they will not be reassigned or replaced by less proficient Harris staff through integration of the system. Any proposal by Harris for changes to, or replacement or substitution of, key Harris staff for any reason throughout the duration of the project must be submitted to the Organization for review and approval. Approval shall not be unreasonably withheld. Key Harris staff for this project have been identified as 4.I.a Packet Pg. 44 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 6 - the persons performing the following roles: project manager, technical lead, and end-user trainer. (e) Conduct on Organization’s Premises -- The Services shall be performed with the Organization’s full co-operation, on the premises of the Organization or, if agreed to by both parties, at an alternative location. Harris agrees, while working on the Organization’s premises, that Harris and its personnel shall observe the Organization’s rules and policies, administrative codes, and ethics codes relating to security thereof, access to or use of all or part of the Organization’s premises and any of the Organization’s property, including proprietary and confidential information, so long as Harris is provided with such rules, policies, and codes in advance of Harris’s and its personnel’s attendance at Organization’s premises. (f) Independence -- As an independent consultant, Organization retains Harris on an independent contractor basis and not as an employee. (g) Maintenance and Inspection -- Harris shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Harris shall allow a representative of Organization, no more than once in a calendar year, during normal business hours and with adequate notice, to examine, audit, and make transcripts or copies of such records and any other documents created, pursuant to the Agreement. Harris shall allow inspection of all work, data, documents, proceedings, and activities related to the agreement for a period of two (2) years from the date of final payment under this Agreement unless Harris is required to maintain such records pursuant to any law or regulation for a further period of time, after which Harris shall be permitted to destroy all such information. 2.4 Performance by Organization (a) Co-operation by Organization -- The Organization acknowledges that the success and timeliness of the delivery of the Services shall require the active participation and collaboration of the Organization and its staff and agrees to act reasonably and co-operate fully with Harris to achieve the Completion of Services. (b) Required Programs and Hardware -- The Organization acknowledges that in order for Harris to supply the Services that the Required Programs shall be installed and operational prior to Harris beginning the Services. The Organization further acknowledges that the operation of the Software requires the Organization’s hardware to be of sufficient quality, condition and repair, and the Organization agrees to maintain its hardware in the appropriate quality, condition and repair at its sole cost and expense, in order to permit Harris to provide the Services. If the Organization has not properly installed the Required Programs and/or the hardware is of insufficient quality, condition and repair, Harris shall have the right to suspend the Services and the related scheduled time frames until Organization complies with the requirements of this Section 2.3(b) to Harris’s reasonable satisfaction. 4.I.a Packet Pg. 45 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 7 - (c) Project Manager -- The Organization shall appoint a project manager (the “Project Manager”) who shall work closely with Harris to facilitate the successful delivery of the Services and who shall be responsible for supervising the staff of the Organization and their co-operation with and participation in the delivery of the Services. The Project Manager’s duties shall be delineated in the Statement of Work. (d) Compliance – The Organization shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Software, including without limitation those related to privacy, electronic communications and anti-spam legislation. Organization is responsible for ensuring that its configuration and use of the Software to store or process credit card data complies with applicable Payment Card Industry Data Security Standards (“PCI DSS”) and The Fair and Accurate Credit Transactions Act (“FACTA”) requirements and shall not store credit card and social security data in the system except in the designated encrypted fields for such data. (e) Additional Organization Obligations (i) Organization shall install all Updates within a reasonable period of time of Organization’s notification of their availability. However, any Update or other fix or correction designated as “critical” by Harris shall be implemented by Organization within thirty (30) days of notification to the Organization by Harris of its availability. (ii) Organization shall notify Harris of suspected defects in any of the Software supplied by Harris. Organization shall provide, upon Harris’s request, additional data deemed necessary or desirable by Harris to reproduce the environment in which such defect occurred. (iii) Organization shall allow the use of online diagnostics on the Software supplied by Harris to Organization, if required by Harris during problem diagnosis. Organization shall provide to Harris, at Organization’s expense, access to the Designated Computer System via the Organization’s firewall to communications software (e.g. PC Anywhere, WebEx, Web Demo). (iv) Organization shall ensure that its personnel are, at relevant stages of the project, educated and trained in the proper use of the Software in accordance with applicable Harris manuals and instructions. If Organization’s personnel are not properly trained as mutually determined by Harris and Organization, acting reasonably, Organization agrees that such personnel will be trained by Harris or Organization within fifteen (15) days of determination. If Organization desires Harris to perform the required training then Harris shall be compensated in accordance with this Agreement. 4.I.a Packet Pg. 46 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 8 - (v) Organization is solely responsible for the ongoing backup of all data. Organization shall establish proper backup procedures necessary to replace critical Organizational data in the event of loss or damage to such data from any cause. Organization acknowledges that Harris is not backing up any data under this Agreement and that any loss of data as a result of the Services is entirely an issue to be addressed by Organization and not Harris. (vi) Organization shall provide Harris with access to qualified functional or technical personnel to aid in diagnosis and to assist in repair of the Software in the event of error, defect or malfunction. (vii) Organization shall execute a form provided by Harris that states that the Completion of Services has been achieved, and that the integration of the Software is working as intended and meets Organization’s expectations. Where the Organization has not executed such a form and has provided no information as required under subsection (viii) (B) below, then the Organization is deemed to have executed such document and Completion of Services is deemed to have occurred on the date the form was first provided to Organization. (viii) Organization shall have the sole responsibility for: (A) the performance of any tests it deems necessary prior to the use of the Software; (B) providing information to Harris in respect of a form provided under subsection (vii) above where Organization disputes that the Completion of Services has been achieved. The information must be detailed enough to specifically document what functionality that is described in the Statement of Work has not been met, which acceptance tests’ failures demonstrated that such functionality was not met, and the anticipated outcome from Organization regarding the acceptance test that was performed. Once any disputed issues are resolved to Organization’s reasonable satisfaction, Organization shall be presented the applicable form again and shall execute such form within ten (10) days, the failure of which shall deem the form to have been executed on the date first provided to Organization. Organization agrees that a dispute can only relate to issues that are directly related to an acceptance test that is detailed in the Statement of Work; (C) assuring proper Designated Computer System installation, configuration, verification, audit controls and operating methods; (D) implementing proper procedures to assure the accuracy of any input and the reviewing of output, and implementing procedures to restart the Designated Computer System for recovery in the event of 4.I.a Packet Pg. 47 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 9 - malfunction/error; (E) timely upgrade and keeping current all third party releases and/or software/hardware products and related license rights to meet the requirements of the Software; and (F) maintaining proper configuration settings of the Software to ensure use of the Software in compliance with applicable laws, including performing re-validation of configuration settings following the installation of any Updates or Upgrades. ARTICLE III REPRESENTATIONS AND WARRANTIES 3.1 Warranty Harris represents and warrants that all services shall be provided in a timely manner in accordance with Schedule A, Statement of Work, with a reasonable standard of care, in a workmanlike and professional manner, and consistent with generally accepted industry standards. Each of Harris’ representatives and agents assigned to perform services under this Agreement shall be fully qualified, experienced, and technically trained, and shall perform the services in a reasonably cost-efficient manner. Harris shall have no liability hereunder if the Organization has modified the Software in any manner without the prior written consent of Harris. 3.2 No Other Warranties TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 3.1, THE SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SERVICES, SOFTWARE AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. 4.I.a Packet Pg. 48 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 10 - NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS. ARTICLE IV FEES AND PAYMENTS 4.1 Fees and Payments (a) The Organization agrees to pay Harris those fees as the parties may agree in a Statement of Work. The fee structure and payment schedule for particular Services shall be outlined in a Statement of Work. The fees set out in a Statement of Work shall include any applicable taxes. Organization agrees to pay all foreign, federal, state, provincial, county or local income taxes, value added taxes, use, personal, property, sales and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority (excluding taxes on Harris’ net income). (b) As approved by the Organization in advance, the Organization shall reimburse Harris for (1) its direct travel expenses including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees; (2) a travel time rate of $75.00 per hour; (3) a per diem rate of $70.00 for week days and a $125.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses (no receipts will be provided); (4) a mileage charge based on the current Internal Revenue Service recommended rate per mile; and (5) all other reasonable expenses incurred in the performance of Harris's duties including courier services and documentation copying or production. These costs are excluded from the total fees described in Section 4.1 (a). These fees and rates and those expenses that are reimbursable will be detailed in the applicable Statement of Work agreed to by the parties and will be based on Harris’ then current fees and rates. (c) During the term of this Agreement and in accordance with the agreed Statement of Work, Harris shall, from time to time, deliver invoices to Organization. Each invoice delivered to Organization by Harris that is proper and undisputed by Organization shall be due and payable upon receipt thereof by Organization. (d) In the event Organization fails to pay all or any portion of an invoice on or before thirty (30) days after the date it becomes due, in addition to all other remedies Harris has under this Agreement or otherwise, Harris shall have the option to suspend or terminate all Services under this Agreement. Suspension or termination of any such Services shall not relieve the Organization of its obligation to pay its outstanding invoices and other ongoing fees, including any applicable late charges. Where the Services are suspended, all related scheduled time frames shall be suspended and extended as necessary. 4.I.a Packet Pg. 49 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 10 - (e) Any fees based on a fixed price arrangement are provided based on Harris’ fees as applicable at the time the parties negotiate a particular Statement of Work. Any delays that result from Organization’s actions, inaction, or requests for modifications – whether incorporated into a Change Order or not – will affect the basis on which Harris provided the fixed price; and as such, Harris reserves the right to charge for additional time and expenses where the duration of the Statement of Work is extended as a result of Organization’s actions, inaction, or requests for modifications. 4.2 Change Orders With respect to any proposed changes to the Services defined by this Agreement, the parties will cooperate in good faith to execute Change Orders in respect thereof, and will not unreasonably withhold approval of such proposed changes. If either party causes or requests a change that, in the reasonable opinion of the other party, materially impacts the scope of the parties' work effort required under this Agreement, such as, but not limited to, changes in the allocation of the resources of the Organization and of Harris applied to a task, changes in completion schedules for individual tasks or for overall implementation of any particular Services, and changes in staffing that require a party to provide additional work hours, the other party may propose a change to cover the additional work effort required of it. Approval of any such proposed changes will not be unreasonably withheld (it being acknowledged that any such material changes may require modifications to the consideration paid, and timelines governing, the Services), and any disputes regarding changes shall be handled initially by discussions between the parties which will be convened in good faith by the parties to resolve any such matters in dispute. A sample change order is presented in Schedule “B”. ARTICLE V REMEDIES AND LIABILITY 5.1 Remedies and Liability (a) Termination of this Agreement shall not affect any right of action of either party arising from anything which was done or not done, as the case may be, prior to the termination taking effect. (b) Harris shall indemnify, defend and save harmless Organization, its officers, officials, employees and agents, from and against any and all losses, liabilities, damages, costs, assessments, expenses (including, without limitation, interest, penalties, fines, expert fees and reasonable attorneys’ fees), incurred in connection with any and all third-party causes of action, claims, demands, actions, suits, proceedings, settlements and judgments (collectively, “Claims”) which Organization may incur or suffer or be put to by reason of or in connection with or arising directly or indirectly from any negligent acts or omissions of Harris, or any wrongful act or willful misconduct of Harris, its officers, employees, agents or subcontractors which relates to this Agreement, however arising, except to the extent that such Claims result from, in whole or in part the negligence, unlawful or wrongful acts or omissions of the Organization or any other person acting in concert 4.I.a Packet Pg. 50 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 11 - with them. This indemnity is only effective where (i) Organization has provided reasonably prompt notice of the claim, action or demand to Harris; (ii) Organization has not made any admissions of liability or settlement offers either prior to or after providing notice to Harris of the applicable claim except with Harris’s prior written consent, except to the extent required by applicable law, (iii) Harris has sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement; (iv) Organization provides reasonable assistance to Harris, at Harris’s expense throughout the action or proceeding; and (v) Organization may, at Organization’s sole cost and expense, retain counsel of its own choosing who shall be permitted to attend settlement conferences and hearings or other court appearances and hearings (except where the court has specifically ordered otherwise) related to the proceeding. The Organization's inspection or acceptance of any of Harris’ work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Harris refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on Harris’ part, then Harris shall pay all the Organization’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the Organization’s legal costs and fees incurred because there was a wrongful refusal on Harris’ part. The provisions of this section shall survive the expiration or termination of this Agreement. (c) The Organization and Harris recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of Harris arising from this Agreement. The parties agree that in all such circumstances the Organization’s remedies and Harris’s liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement. (i) BOTH PARTIES AGREE THAT, EXCEPT FOR INDEMNIFIED CLAIMS OR DAMAGES ARISING OUT OF (i) DAMAGE TO 4.I.a Packet Pg. 51 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 12 - TANGIBLE PROPERTY, (ii) INJURY OR DEATH TO PERSONS, OR (iii) INTENTIONAL MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS AND ORGANIZATION’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY HARRIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY ORGANIZATION TO HARRIS PURSUANT TO THE RELEVANT STATEMENT OF WORK. (ii) IN ADDITION TO THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ORGANIZATION FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR AGGRAVATED DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION FOR LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, COSTS OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. (iii) CLAUSES (a) AND (b) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND, ACTION, OR PROCEEDING HOWSOEVER ARISING BY A PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND, ACTION, OR PROCEEDING INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), BREACH OF TRUST, OR BREACH OF FIDUCIARY DUTY, EVEN IF HARRIS HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (d) Harris shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Schedule “C” attached and incorporated by this reference. 4.I.a Packet Pg. 52 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 13 - 5.2 Allocation of Risk The parties agree that the limited warranties, disclaimers and limitation of liability as set out in in this Agreement are fundamental elements of the basis of bargain between Harris and Organization and set forth an allocation of risk reflected in the fees and payments hereunder. 5.3 Remedies Where remedies are expressly afforded by this Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of Harris arising out of or in connection with this Agreement, notwithstanding any remedy otherwise available at law or in equity. 6.1 Force Majeure ARTICLE VI GENERAL Except for Organization’s failure to make any payments owing under this Agreement when due, neither party shall be liable for delay or failure in performance resulting from acts beyond the control of such party including, but not limited to, acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster, acts of government, strike, walkout, communication line or power failure, failure in operability or destruction of the Organization’s computer, or failure or inoperability of any software other than the Software. Any applicable delivery schedule shall be extended by a period of time equal to the time lost because of any such delay. Both parties represent to the other that at the time of signing this Agreement or any Statement of Work, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any social restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is affected by a force majeure event provided for herein, the party whose performance is affected shall promptly notify the other party of the existence and nature of any delay. Any excuse from liability shall be effective only to the extent and duration of the event causing the failure or delay in performance and, provided, that the party delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. 6.2 Confidentiality The parties each acknowledge that each party may receive Confidential Information from the other party or otherwise in connection with this Agreement. Each of the parties agree: (i) this Section 6.2 applies to records prepared, owned, used, or retained by the Organization that contain Confidential Information only to the extent that such 4.I.a Packet Pg. 53 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 14 - provision is consistent with the Public Records Act, Chapter 42.56 of the Revised Code of Washington (“RCW”); (ii) if Harris has identified any record as containing Confidential Information, the Organization will: (a) use its best efforts to give Harris notice of a public records request or subpoena that seeks such Confidential Information, and (b) provide Harris a reasonable time period under the circumstances to obtain an injunction to enjoin the Organization from disclosing the requested Confidential Information to the party who has requested it. Regardless of any other provision in this Agreement to the contrary, the Organization will not assert on Harris’ behalf any exemption on the basis of the record’s confidential or proprietary nature. Harris agrees to hold the City harmless from any damages, claims, or attorneys’ fees that may be incurred by or assessed against the City and related to Harris’ pursuit of an injunction to enjoin the City’s disclosure of the requested record or information; (iii) except as otherwise provided for in this Agreement, to maintain the Confidential Information of the other party in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party from unauthorized use, disclosure, copying or publication; (iv) not to use the Confidential Information of the other party other than in the course of exercising its rights or performing its obligations under this Agreement; (v) except as otherwise provided above, not to disclose or release such Confidential Information except to the extent required by application law or during the courses of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving party shall first give reasonable notice to the disclosing party prior to such disclosure so that the disclosing party may obtain a protective order or equivalent and provided that the receiving party shall comply with any such protective order or equivalent; (vi) not to disclose or release the Confidential Information to any third person without the prior written consent of the disclosing party, except for authorized employees or agents of the receiving party who have a need to know such information for the purpose of performance under this Agreement and exercising its rights under this Agreement, and who are bound by confidentiality obligations at least as protective of the disclosing party’s Confidential Information as this Agreement; and (vii) to take all appropriate action, whether by instruction, agreement or otherwise, to ensure that employees and third persons under the direction or control or in any contractual privity with the receiving party, who have access to Confidential Information do not disclose or use, directly or indirectly, the Confidential Information for any purpose other than for performing obligations or exercising rights of the receiving party under this Agreement, without first obtaining the written consent of the disclosing party. 4.I.a Packet Pg. 54 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 15 - 6.3 Cancellation and Termination (a) Cancellation of any on-site Services by Organization is allowed for any reason if done in writing more than fourteen (14) days in advance of such Services. Organization will be billed for any non-recoverable direct costs incurred by Harris that result from a cancellation by Organization with fourteen (14) days or less of scheduled on-site Services. Additionally, Organization hereby acknowledges that cancellation of on-site Services means that such on-site Services will be rescheduled as Harris’s then current schedule permits. Harris is not responsible for any delay in Organization’s project resulting from Organization’s cancellation of Services. If upon Harris arrival, the Organization is not adequately prepared or has not completed the assigned tasks for such visit by Harris, then the Organization will be billed 100% of the on-site fee and scheduled on-site Services can be cancelled by Harris. If additional Services are required because the Organization was not adequately prepared, Harris will provide a Change Order to the Organization for the additional Services. (b) This Agreement shall commence on the Effective Date and shall terminate at the end of its term as provided for in Section 2.2 of this Agreement, or upon ninety (90) days’ written notice by either party, provided however, that if there remains a Statement of Work after such notice of termination, , then this Agreement shall be extended until the Completion of Services applicable to such Statement of Work. (c) If Harris should neglect to perform the Services properly or otherwise fail to comply with the requirements of this Agreement, the Organization must notify Harris in writing of such default (a “Default Notice”). Upon receipt of a Default Notice, Harris must either correct the default at no additional cost to the Organization, or issue a written notice of its own disputing the alleged default, in either case within thirty (30) days immediately following receipt of a Default Notice. If Harris fails to (i) issue a notice disputing the alleged default within such thirty (30) day period; or (ii) correct the default within ninety (90) days following receipt of the Default Notice, effective upon written notice to Harris the Organization may terminate the whole of this Agreement or the applicable Statement of Work and in such case the Organization will be responsible for payment to Harris of only that part of the fee earned by Harris for those Services performed up to the time of communication of such notice of termination to Harris. (d) If the Organization should fail to comply with its obligations under this Agreement, Harris must notify the Organization in writing of such default (a “Default Notice”). Upon receipt of a Default Notice, the Organization must correct the default at no additional cost to Harris, or issue a written notice of its own disputing the alleged default, in either case within thirty (30) days immediately following receipt of a Default Notice. If the Organization fails to (i) issue a notice disputing the alleged default within such thirty (30) day period; or (ii) correct the default within ninety (90) days following receipt of the Default Notice, Harris may terminate the whole of this Agreement effective upon written notice to Organization and in suc h case the Organization will be responsible for payment to Harris of only that part of the 4.I.a Packet Pg. 55 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r fee earned by Harris for that part of the Services performed in accordance with this Agreement up to the time of communication of such notice of termination to the Organization. (e) If Organization has failed to pay the fees or other amounts due in accordance with Article 4.2 then Harris shall have the right to terminate this Agreement effective immediately upon written notice to Organization to that effect. (f) Notwithstanding any other provision of this Agreement, if the Organization breaches (i) any intellectual property right of Harris; or (ii) its confidentiality obligations under Section 6.2, then Harris shall have the right to terminate this Agreement effective immediately upon written notice to Organization to that effect and the license rights granted herein shall immediately terminate. (g) Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favourably to the subject party within ninety (90) days of commencement thereof; or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder. (h) The termination or expiration of this Agreement following the Completion of Services shall not affect the rights of either party in either the Support and Maintenance Agreement or the Software License Agreement. This Agreement shall automatically terminate in the event that the Software License Agreement is terminated or expires. 6.4 Resolution of Disputes If the parties are unable to settle any dispute, difference, or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Organizations right to indemnification under Section 5.1(b) of this Agreement. 6.5 Addresses for Notice Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered personally, mailed by prepaid registered post or sent by facsimile to the appropriate address or facsimile number set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or - 16 - 4.I.a Packet Pg. 56 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 17 - transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case of Harris, to: N. HARRIS COMPUTER CORPORATION 1 Antares Drive, Suite 400 Ottawa, Ontario K2E 8C4 Attention: CEO Telephone: 613-226-5511, extension 2149 and in the case of the Organization, to: City of Kent Information Technology 220 4th Ave S Kent, WA. 98032 Attention: ITA@kentwa.gov Telephone: 253-856-4600 Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 6.5. 6.6 Assignment Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and permitted assigns. 6.7 Reorganizations The Organization acknowledges that where a “Reorganization” occurs as that term is defined in the Software License Agreement, the same provisions related thereto shall apply to this Agreement. The application of a Reorganization may result in a change in the fees provided for in these provisions. 6.8 Entire Agreement This Agreement shall constitute the entire agreement between the parties hereto with respect to the matters covered herein. No other understandings, agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Organization acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. However, the parties agree that two other agreements are being entered into 4.I.a Packet Pg. 57 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 18 - concurrently with this Agreement which are in addition to any of the third party agreements detailed herein. These two other agreements are the Support and Maintenance Agreement and the Software License Agreement, each of which are separate agreements and are binding in their own right and upon their own terms. The terms of this Agreement may not be changed except by an amendment signed by an authorized representative of each party. No provisions in any purchase orders, or in any other documentation employed by or on behalf of the Organization in connection with this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by Harris, with such provisi ons being deemed deleted. 6.9 Section Headings Section and other headings in this Agreement are for reference purposes only, and are in no way intended to describe, interpret, define or limit the scope or extent of any provision hereof. 6.10 Governing Law This Agreement shall be governed by the laws of the State of Washington and the federal laws of the United States applicable therein. This Agreement excludes the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods (UNCCISG and any legislation implementing such Convention), if otherwise applicable. 6.11 Trial by Jury Organization and Harris hereby waive, to the fullest extent permitted by applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or any acts or omissions of Harris in connection therewith or contemplated thereby. 6.12 Attorneys’ Fees Subject to the indemnification provisions set forth in this Agreement, if any action or suit is brought with respect to a matter or matters covered by this Agreement, each party shall be responsible for all of its own costs and expenses incident to such proceedings, incl uding reasonable attorneys' fees and costs. 6.13 Public Records Act Harris acknowledges that the Organization is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by Harris, and used by the Organization, may be subject to public review and disclosure, even if those records are not produced to or possessed by 4.I.a Packet Pg. 58 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 19 - the Organization. As such, Harris agrees to cooperate fully with the Organization in satisfying the Organization’s duties and obligations under the Public Records Act. 6.14 Invalidity The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. 6.15 Waiver No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 6.16 Counterparts This Agreement may be executed in counterparts (whether by facsimile or PDF signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. 6.17 Survival Article 1, Section 3.2, Section 4.1 and Articles V and VI and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder shall survive the termination and/or expiration of this Agreement. 6.18 Competitive Bid Organization has conducted a competitive evaluation and has concluded such efforts with this negotiated Agreement (including any addenda hereto); therefore, this Agreement may serve as the basis for similar agreements whereby other entities may contract separately with Harris. Organization agrees that Harris may disclose all or any portion of this Agreement to any of its current or prospective customers. 6.19 Further Assurances The parties shall do all such things and provide all such reasonable assurances as may be required to consummate the transactions contemplated hereby, and each party shall provide such further documents or instruments required by any other party as may be reasonably necessary or desirable to effect the purposes of this Agreement and carry out its provisions. 6.20 Currency All amounts specified in this Agreement shall be in United States currency. 4.I.a Packet Pg. 59 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 20 - 6.21 Relationship The parties are and shall at all times remain, independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between the parties. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is in law responsible. 6.22 Equitable Relief Organization acknowledges and agrees that it would be difficult to compute the monetary loss to Harris arising from a breach or threatened breach of this Agreement and that, accordingly, Harris will be entitled to specific performance, injunctive or other equitable relief in addition to, or instead of monetary damages in the event of a breach or threatened breach of this Agreement by Organization. 6.23 Language The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only. IN WITNESS WHEREOF the parties hereto have duly executed this Professional Services Agreement to be effective as of the Effective Date first written above. N. HARRIS COMPUTER CORPORATION Per: Name: Jeffrey Sumner Title: Executive Vice President CITY OF KENT, WA Per: Name: Title: 4.I.a Packet Pg. 60 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 21 - S2464 Schedule “A” – Appendix A-1 STATEMENT OF WORK iNovah real-time integration to a Custom Business License System This Statement of Work is issued pursuant to and is subject to and governed by the terms and conditions of the Master Professional Services Agreement executed by City of Kent (“Organization”) and N. Harris Computer Corporation (“Harris” or “System Innovators”) on June 1, 2020 (the “MPSA”). Upon full execution, this Statement of Work shall become an integral part of the Master Professional Services Agreement and its Schedule A. (Defined terms used in this Statement of Work and not defined herein, have the meanings given to them by the MPSA) Professional Services Phase 1 - Initiation, Kickoff and Planning Services $5,520.00 Phase 2 - Analysis and Design Services $13,800.00 Phase 3 - Development and Configuration of iNovah and Interfaces $22,080.00 Phase 4 - Testing: Integration, Functional and User Acceptance Testing $8,280.00 Phase 5 - Deployment to Production and Go-Live $2,760.00 Phase 6 - Transition: Go-Live Support and Transition to Organization Services $2,760.00 Subtotal: $55,200.00 Notes • System Innovators’ pricing does not include the cost for changes to 3rd party systems. • Travel to the Organization’s location must be mutually approved and will be billed as incurred if required. Assumptions 1. The Organization acknowledges this project is fixed in scope and duration as defined in the attached Appendix A. Modifications to the scope, duration, and other terms of this agreement will be processed in accordance with the Project Change Control procedure as described herein. 2. The Organization will employ the human resources necessary to ensure the project is successfully completed on schedule. These resources will include 1) a Project Manager who has the authority to represent the Organization in all aspects of this agreement 2) subject matter experts who can define the requirements and business rules that dictate the design of the customizations; and 3) technical staff who can provide System Innovators with support for the Organization’s computing environment (personal computers, servers, network, software, and so forth) as well as technical support for third-party systems that interface with System Innovators’ software. 4.I.a Packet Pg. 61 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 22 - 3. The Organization or Organization’s delegate will produce a tested and documented application programming interface (API) to any application to be interfaced with System Innovator products and/or software. 4. The Organization will provide System Innovators with remote access to their computing environment so that System Innovators may support the Organization with delivery, implementation, and testing of the customized software. System Innovators’ access to the Organization’s computing environment may be accomplished through such means as a high-speed virtual private network (VPN) or an Internet-based remote access tool (such as Go To Meeting or Turbo Meeting). 5. The Organization will provide a fully functional test system including hardware, software, documentation and any system software and/or upgrades necessary to complete acceptance testing. 6. The Organization will install and configure all required personal computers, hardware, software, and communications networking in advance of planned delivery of Systems Innovator’s software and/or services. The Organization will inform System Innovators of any changes related to their system configuration. 7. The Organization will prepare an acceptance test plan and test scripts, perform acceptance testing, and report test results and identified defects to the Systems Innovator Project Manager within the specified timeline agreed upon in the project plan. a. Defect Criteria - Any issue identified during the execution of test scripts during any of the test phases will be assigned a severity level from one to four (defined below) if the issue is a defect. A defect is defined as an item that does not function as designed. The source of truth for the design is the associated functional or integration specification. b. The standard System Innovators Defect severity levels are defined as follows: i. Severity 1 – Blocking defect associated with a critical functionality preventing continuation of the testing scenario; no workaround available ii. Severity 2 – Defect associated with a critical functionality; a workaround is available iii. Severity 3 – Defect associated with non-critical functionality iv. Severity 4 – Cosmetic defect Payment Schedule This schedule represents the fixed-price professional services investment for the design, development, coding, testing, and implementation the requested modification described in the Statement of Work. This investment will be paid in installments based on the milestones identified in the following payment schedule. PAYMENT NUMBER MILESTONES PAYMENT AMOUNT 1 Phase 1: Project Initiation - Due Upon Phase Start $5,520.00 2 Phase 2: Analyze and Design - Due Upon Phase Start $13,800.00 3 Phase 3: Development - Due Upon Phase Start $22,080.00 4 Phase 4: Testing - Due Upon Phase Start $8,280.00 5 Phase 5: Deployment - Due Upon Phase Start $2,760.00 6 Phase 6: Transition - Due Upon Phase Start $2,760.00 Total Professional Service Fees $55,200.00 Project Change Control 4.I.a Packet Pg. 62 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 23 - All change requests will be submitted in writing, and they will describe the change, the rationale. The party requesting the change shall deliver the change request to the other party for evaluation, and ultimately, for acceptance or rejection. The receiving party will provide a written summary of impacts including changes to scope, duration, and cost. Both the Systems Innovators Project Manager and the Organization Project Manager must approve each change before amending the Agreement and implementing the change. The terms of a mutually agreed upon Amendment will prevail over those of this Agreement or any previous Amendments. Signature Block By signing below, Organization authorizes System Innovators to proceed with the efforts necessary to perform the Services set out in this Statement of Work. Agreed to: Kent, City by its duly authorized representative: N. Harris Computer Corporation by its duly authorized representative: Donald Schulte Title: Senior Account Executive Signature: Date: July 21, 2020 Ship to Information: Billing Information: Deliver to Name: Bill to Name: Address: E-mail: City/State/ Zip: Phone No.: Phone No.: PO No.: 4.I.a Packet Pg. 63 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r - 24 - Appendix A-1 Summary This is a high-level requirements document outlining additional interface needed between iNovah (System Innovators, a Harris Company) and a Custom Business License system developed by the City of Kent. This interface is part of the Kiva replacement project. The interface will also require a corresponding setup with OrbiPay (Alacriti), which is separate from iNovah and considered outside the scope of this Statement of Work. The OrbiPay interface will be considered a standalone additional service request and require a separate Addendum to the existing contracts between the City of Kent and System Innovators / the City of Kent and Alacriti. Description of Work • This interface will mirror the existing B&O interfaces. • Business License System’s online portal will utilize OrbiPay for online payments (this will be provided by City of Kent Online Payment Service as a wrapper which communicates to iNovah through iNovah’s Public application programming interface (API)). • Business License System’s online portal will utilize iNovah for recording online payments (this will be provided by City of Kent Backend Payment Service as a wrapper which communicates to iNovah through iNovah’s Public API). • iNovah will process payments and update the Business License system accordingly using real-time integration to the City of Kent’s Custom Business License System. • The integration will consist of a single SQL Server view or stored procedure for the following processes: o inquiry o lookup o payment update o payment reversal • A single iNovah Payment Allocation clearing account will be assigned to the Business License Payment. Business System Description iNovah Interface OrbiPay Interface City of Kent Business License System Custom developed online portal for application and payment of business licenses (replaces Kiva) iNovah interfaces with the City of Kent Business License System indirectly through the City of Kent Backend Payment Service API OrbiPay interfaces with the City of Kent Business License System indirectly through the City of Kent Online Payment Service API Assumes a separate Partner Id will be configured by Alacriti so it can be associate to the new iNovah Business License Payment Code. 4.I.a Packet Pg. 64 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r 4.I.a Packet Pg. 65 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r S2464 Schedule “A” – Appendix A-2 STATEMENT OF WORK iNovah real-time integration to Amanda Permitting System This Statement of Work is issued pursuant to and is subject to and governed by the terms and conditions of the Master Professional Services Agreement executed by City of Kent (“O rganization”) and N. Harris Computer Corporation (“Harris” or “System Innovators”) on June 1, 2020 (the “MPSA”). Upon full execution, this Statement of Work shall become an integral part of the Master Professional Services Agreement and its Schedule A. (Defined terms used in this Statement of Work and not defined herein, have the meanings given to them by the MPSA) Professional Services Phase 1 - Initiation, Kickoff and Planning Services $6,220.00 Phase 2 - Analysis and Design Services $17,550.00 Phase 3 - Development and Configuration of iNovah and Interfaces $25,800.00 Phase 4 - Testing: Integration, Functional and User Acceptance Testing $7,330.00 Phase 5 - Deployment to Production and Go-Live $3,110.00 Phase 6 - Transition: Go-Live Support and Transition to Client Services $3,110.00 Subtotal: $63,120.00 Notes • System Innovators’ pricing does not include the cost for changes to 3rd party systems. • Travel to the Organization’s location must be mutually approved and will be billed as incurred if required. Assumptions 1. The Organization acknowledges this project is fixed in scope and duration as defined in the attached Appendix A. Modifications to the scope, duration, and other terms of this agreement will be processed in accordance with the Project Change Control procedure as described herein. 2. The Organization will employ the human resources necessary to ensure the project is successfully completed on schedule. These resources will include 1) a Project Manager who has the authority to represent the Organization in all aspects of this agreement 2) subject matter experts who can define the requirements and business rules that dictate the design of the customizations; and 3) technical staff who can provide System Innovators with support for the Organization’s computing environment (personal computers, servers, network, software, and so forth) as well as technical support for third-party systems that interface with System Innovators’ software. 3. The Organization or Organization’s delegate will produce a tested and documented application programming interface (API) to any application to be interfaced with System Innovator products and/or software. 4.I.a Packet Pg. 66 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r 4. The Organization will provide System Innovators with remote access to their computing environment so that System Innovators may support the Organization with delivery, implementation, and testing of the customized software. System Innovators’ access to the Organization’s computing environment may be accomplished through such means as a high-speed virtual private network (VPN) or an Internet-based remote access tool (such as Go To Meeting or Turbo Meeting). 5. The Organization will provide a fully functional test system including hardware, software, documentation and any system software and/or upgrades necessary to complete acceptance testing. 6. The Organization will install and configure all required personal computers, hardware, software, and communications networking in advance of planned delivery of Systems Innovator’s software and/or services. The Organization will inform System Innovators of any changes related to their system configuration. 7. The Organization will prepare an acceptance test plan and test scripts, perform acceptance testing, and report test results and identified defects to the Systems Innovator Project Manager within the specified timeline agreed upon in the project plan. a. Defect Criteria - Any issue identified during the execution of test scripts during any of the test phases will be assigned a severity level from one to four (defined below) if the issue is a defect. A defect is defined as an item that does not function as designed. The source of truth for the design is the associated functional or integration specification. b. The standard System Innovators Defect severity levels are defined as follows: i. Severity 1 – Blocking defect associated with a critical functionality preventing continuation of the testing scenario; no workaround available ii. Severity 2 – Defect associated with a critical functionality; a workaround is available iii. Severity 3 – Defect associated with non-critical functionality iv. Severity 4 – Cosmetic defect Payment Schedule This schedule represents the fixed-price professional services investment for the design, development, coding, testing, and implementation the requested modification described in the Statement of Work. This investment will be paid in installments based on the milestones identified in the following payment schedule. PAYMENT NUMBER MILESTONES PAYMENT AMOUNT 1 Phase 1: Project Initiation - Due Upon Phase Start $6,220.00 2 Phase 2: Analyze and Design - Due Upon Phase Start $17,550.00 3 Phase 3: Development - Due Upon Phase Start $25,800.00 4 Phase 4: Testing - Due Upon Phase Start $7,330.00 5 Phase 5: Deployment - Due Upon Phase Start $3,110.00 6 Phase 6: Transition - Due Upon Phase Start $3,110.00 Total Professional Service Fees $63,120.00 Project Change Control All change requests will be submitted in writing, and they will describe the change, the rationale. The party requesting the change shall deliver the change request to the other party for evaluation, and ultimately, for acceptance or rejection. The receiving party will provide a written summary of impacts including changes to scope, duration, and cost. Both the Systems Innovators Project 4.I.a Packet Pg. 67 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r Manager and the Organization Project Manager must approve each change before amending the Agreement and implementing the change. The terms of a mutually agreed upon Amendment will prevail over those of this Agreement or any previous Amendments. Signature Block By signing below, Organization authorizes System Innovators to proceed with the efforts necessary to perform the Services set out in this Statement of Work. Agreed to: Kent, City by its duly authorized representative: N. Harris Computer Corporation by its duly authorized representative: Donald Schulte Title: Senior Account Executive Signature: Date: July 21, 2020 Ship to Information: Billing Information: Deliver to Name: Bill to Name: Address: E-mail: City/State/ Zip: Phone No.: Phone No.: PO No.: 4.I.a Packet Pg. 68 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r Appendix A-2 Summary This is a high-level requirements document outlining additional interface needed between iNovah (System Innovators, a Harris Company) and the Amanda Permit system. This interface is part of the Kiva replacement project. The interface will also require a corresponding setup with OrbiPay (Alacriti), which is separate from iNovah and considered outside the scope of this Statement of Work. The OrbiPay interface will be considered a standalone additional service request and require a separate Addendum to the existing contracts between the City of Kent and System Innovators / the City of Kent and Alacriti. Description of Work • AMANDA will provide a web-based application programming interface (API) in order for iNovah to search for customer’s account and for only the currently owed fees (not all possible fees) on this customer’s account. Currently owed fees are those that AMANDA has determined to be “billed” and fees are available by permit number and application owner (as the owner may not be the payee). • The fees (Fee Schedule) and calculations of fees related to permits will remain in AMANDA. These will no longer need to be duplicated in iNovah. • iNovah will process payments and update AMANDA accordingly using real-time integration(s), including: o inquiry o lookup o payment update o payment reversal • AMANDA’s online portal will utilize OrbiPay for online payments (this will be provided by City of Kent Online Payment Service as a wrapper which utilizes the iNovah Public API). • AMANDA’s online portal will utilize iNovah for recording online payments (this will be provided by City of Kent Backend Payment Service as a wrapper which utilizes the iNovah Public API). • This interface will replace the barcoded forms currently in use by Kiva. Business System Description iNovah Interface OrbiPay Interface AMANDA BackOffice & Online “Citizen” Portal New Permits system (replaces Kiva) iNovah interfaces with AMANDA BackOffice (AMANDA provided API) OrbiPay interfaces with the AMANDA online portal indirectly through the City of Kent Online Payment Service API Assumes a separate Partner Id will be configured by Alacriti so it can be associate to the new iNovah Business License Payment Code. 4.I.a Packet Pg. 69 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r Schedule “B” Sample Form Change Order Change Order Date Client Client Contact Software Applicati on Client Email (b) Attachments: 000 $0.00 Chargeable Hours Rate Amount 000 000 Non-Chargeable Hours Total Hours Client Signature Date Your signature serves as an acceptance of the “Amount” listed above as it relates to the description of work contained in this Change Order. Your signature also indicates you have reviewed and agree to the scope of work as detailed in any accompanying enclosures or attachments. This signed document indicates that you have provided all of the accurate information necessary to produce the work as stated in the above Change Order. Customer # Application # Originated by # PO# 00000 00 (c) Description of Work (a) Contact & General Information (d) Client Approval (e) Internal Use Only 4.I.a Packet Pg. 70 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r SCHEDULE “C” INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Professional Liability insurance appropriate to the Consultant’s profession. 3. Cyber Liability insurance. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $5,000,000 policy aggregate limit. 4. Cyber Liability insurance shall be written with limits no less than $2,000,000 per occurrence 4.I.a Packet Pg. 71 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r SCHEDULE C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 4.I.a Packet Pg. 72 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION _______DAYS WRITTENDATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. TENANTS LEGAL LIABILITY 1,000,000 DATE (MM/DD/YY) POLICY EXPIRATIONPOLICY EFFECTIVE CANCELLATION INSRLTR © ACORD CORPORATION 1988 $ $ $ $ $ $ $$ $ $ $ $ $ $ $ $ $ $ $ AC ORD 25 (2001/08) INSURER A: COVERAGES CERTIFICATE HOLDER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER LIMITS PRODUCER INSURED GENERAL AGGREGATE EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE BODILY INJURY EACH OCCURRENCE AGGREGATE COMBINED SINGLE LIMIT PROPERTY DAMAGE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) AUTO ONLY - EA ACCIDENT OTHER THAN AGG WC STATU-TORY LIMITS OTH-ER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OCCUR DEDUCTIBLE EXCESS/UMBRELLA LIABILITY WORKER'S COMPENSATION AND OCCUR COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS MADE ANY AUTO ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? If yes, describe under GARAGE LIABILITY DATE (MM/DD/YY)DATE (MM/DD/YY) AUTHORIZED REPRESENTATIVE INSURER B: INSURER C: INSURER D: INSURER E: ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURERS AFFORDING COVERAGE NAIC# AD D'LINSRD POLICY LOCPRO-JECT CLAIMS MADE RETENTION $ SPECIAL PROVISIONS below OTHER PREMISES (Ea occurence) (Ea accident) (Per person) BODILY INJURY (Per accident) (Per accident) AUTO ONLY: EA ACC $ $ $ ACORDTM 10/15/2019 WITH REGARDS TO THE COMMERCIAL GENERAL LIABILITY POLICY, IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF KENT IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY W ITH RESPECT TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. WILLIS CANADA INC., A WILLIS TOWERS WATSON COMPANY 100 KING STREET WEST, SUITE 4700 TORONTO, ON M5X 1E4 CANADA A LEASED TO THE NAMED INSURED ALL AUTOS OWNED AND/OR 78183369 09/27/2019 09/27/2020 CONSTELLATION SOFTW ARE INC. AND SYSTEM INNOVATORS, A DIVISION OF N. HARRIS COMPUTER CORPORATION 9000 SOUTHSIDE BLVD BLDG 700, SUITE 7200 JACKSONVILLE, FLORIDA 32256 99504839 09/27/2019 09/27/2020 7176-4342 09/27/2019 09/27/2020 1,000,000 1,000,000 1,000,000 1,000,000 14,000,000 14,000,000 2,000,000 1,000,000 25,000 1,000,000 X X X X X 30 CITY OF KENT, W A 220 FOURTH AVENUE SOUTH, KENT, W A 98032 A B CHUBB INSURANCE COMPANY OF CANADA FEDERAL INSURANCE COMPANY 20281 CERTIFICATE OF LIABILITY INSURANCE 181490Serial # REVISED 4.I.a Packet Pg. 73 At t a c h m e n t : E x h i b i t A - N . H a r r i s M a s t e r P r o f e s s i o n a l S e r v i c e s A g r e e m e n t ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r K IVA Co n v er t POS f r o m FIS El ec t r o n i c Pl an Rev i ew B l u eB eam Fi n an c e/PD POS i No v ah Cl as s Pay m en t Man ag er Rep l ac e Co K Po r t al & In t eg r at e w i t h In t er n al Sy s t em Int egr at e w i t h In t er n al Sy s t em Mu l t i -J u r i s d i c t i o n Per m i t s Po r t al My B u i l d i n g Per m i t .c o m Or ac l e IPM & Cap t o v at i o n En t er p r i s e Do c u m en t Man ag em en t Sy s t em L as er f i c h e A r c h i v e Pl ans & Do c u m en t s Ret r i ev e Rec o r d s CITY OF K ENT - MA J OR CRITICA L PATH B USINESS SYSTEMS - ROA DMA P (2019 - 2020)8/4/2020 Ex t r ac t B u s i n es s L i c en s e f r o m K IVA an d i n t o a s ep ar at e s y s t em B u s i n es s & Oc c u p at i o n Tax (Co K Po r t al & In t er n al Sy s t em ) In-House DEV A Per m i t s Po r t al (Co K Po r t al ) A MA NDA A B u s i n es s L i c en s es (Co K Po r t al & In t er n al Sy s t em ) In-House DEV A K IVA Rep l ac em en t : The system will need to integrate with the following: > Laserfiche (Document Mgmt) > BlueBeam (Plan Review) > iNovah (Cashiering) > ArcGIS (Mapping) > CoK Portal (Kent SSO) B Per m i t Tr ac k i n g & In s p ec t i o n s Man ag em en t (SOR) A MA NDA B Mu l t i -J u r i s d i c t i o n B u s i n es s L i c en s e Po r t al Fi l eL o c al Ut i l i t y B i l l i n g Po r t al (Co K Po r t al ) In-House DEV A In t er n al Sy s t em f o r UB i s DataNOW Co K Po r t al : Uses a single "City of Kent Login" to allow access to various services and also a single online payment vendor. A = Co m p l et ed ! ESRI A r c GIS = A SR1 & A SR2 4.I.b Packet Pg. 74 At t a c h m e n t : E x h i b i t B - M a j o r C r i t i c a l P a t h B u s i n e s s S y s t e m s R o a d m a p ( 2 3 8 4 : A g r e e m e n t f o r C o n s u l t a n t S e r v i c e s w i t h N . H a r r i s C o m p u t e r PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola 220 Fourth Avenue South Kent, WA 98032 253-856-5100 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Consultant Services Agreement with Studio Meng Strazzara, Inc., P.S. for the Police Headquarters Renovation Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Studio Meng Strazzara, Inc., P.S. in an amount not to exceed $192,974.00, for the Kent Police Headquarters Renovation Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The project consists of development of the necessary design and construction documents for the Kent Police Headquarters Renovation Project that will include expanding the existing lunch room, creating an outdoor space outside of the newly constructed lunch room, modify the existing locker room to create a training space and make modifications to the existing second floor storage room for new locker space. Upon completion, it is envisioned that the renovations to the building and outdoor space will contain updated equipment, materials and design that will meet the needs of staff assigned to the building. The City received seven proposals, and after careful vetting by committee, it was recommended that we move forward with Studio Meng Strazarra. BUDGET IMPACT: Funded by Facilities Capital. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. StudioMengStrazzara-ConsultantServicesAgreement (PDF) 4.J Packet Pg. 75 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Studio Meng Strazzara, Inc. P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Studio Meng Strazzara, Inc. P.S. organized under the laws of the State of Washington State, located and doing business at 2001 Western Avenue, Suite 200 Seattle, WA 98121- 2114 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: To provide complete architectural and engineering services for the Kent Police Headquarters Renovation Project as explained in the City’s Request for Proposals, dated January 10, 2020 and attached and incorporated as Exhibit A. The scope of work is further described in the Consultant’s fee proposal, dated July 7, 2020, which is attached and incorporated as Exhibit B and includes adding an additional 400 square feet of space to the existing lunch room converting the current locker room to a fitness center, adding 3 showers, converting an existing storage room to a locker room, and adding a covered outdoor barbeque area. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. Although Consultant has indicated that it intends to complete portions of the work utilizing a number of subcontractors, Consultant understands and agrees that Consultant remains responsible for all of the work’s completion in conformance with the provisions of this Agreement. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2020. III.COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $192,974.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only 4.J.a Packet Pg. 76 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be 4.J.a Packet Pg. 77 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. 4.J.a Packet Pg. 78 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Order of Precedence. This Agreement includes this document and its referenced and incorporated exhibits. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the following order: 1. Consultant Services Agreement; 2. Insurance exhibit attached as Exhibit C; 2. City’s Request for Proposals document attached as Exhibit A; and 3. Consultant’s Response to the City’s Request for Proposal attached as Exhibit B. No other terms and conditions shall apply, including any terms and conditions listed in Consultant’s response to the City’s Request for Proposals, any terms provided for in any proposal Consultant may have obtained from a subcontractor, or any terms listed on any website, in any quotation or sales order, or in any similar documents subsequently provided by Consultant or its subcontractors. This Agreement and the City’s solicitation language shall prevail unless a mutually agreed exception has been negotiated. B. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. D. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any 4.J.a Packet Pg. 79 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. F. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. G. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. J. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. K. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / 4.J.a Packet Pg. 80 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) L. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: STUDIO MENG STRAZZARA, INC., P.S. By: (signature) Print Name: Its (title) DATE: CITY: CITY OF KENT By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Attn:___________________________ Studio Meng Strazzara, Inc., P.s. 2001 Western Avenue, Suite 200 Seattle, WA 98121-2114 (206) 587-3797 (telephone) (206) 587-0588 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Attn: Alex Ackley, Facilities Superintendent City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5080 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Dennis Erwood Principal August 5, 2020 Dennis Erwood 4.J.a Packet Pg. 81 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Studio Meng Strazzara Principal August 5, 2020 4.J.a Packet Pg. 82 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.J.a Packet Pg. 83 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 4.J.a Packet Pg. 84 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A 4.J.a Packet Pg. 85 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 86 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 87 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 88 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 89 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 90 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 91 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 92 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 93 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued4.J.a Packet Pg. 94 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Exhibit A Continued 4.J.a Packet Pg. 95 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S TEL 206 587 3797 FAX 206 587 0588 2001 WESTERN AVE, SUITE 200 SEATTLE, WA, USA 98121 www.studioms.com July 7, 2020 Alex Ackley, Facilities Superintendent City of Kent Facilities | Parks Recreation & Community Services 220 Fourth Avenue South, Kent, WA 98032 RE: Revised Fee Proposal – Kent Police HQ Renovation Project Dear Alex Below is a fee proposal for providing architectural and engineering services for the Kent Police HQ Renovation project. The scope of work is as described in the RFQ, and modified by our conversations on-site, on the phone, and our meeting on June 22nd. It includes: • An addition to and remodel of the lunch room • A covered outdoor barbeque area • Conversion of the men’s locker room into a fitness room • Adding three showers to the men’s restroom • Converting a second-floor storage space into the new men’s locker room Due to the size of the project we propose a single design phase that combines the deliverables of Schematic Design and Design Development into a single submittal. The Construction Documents, Bidding, Construction Administration, and Close-out phases would remain unchanged. Per our June meeting I’ve listed some services as optional. Proposed Architectural Services CAD Base Development Hours Site Visits (2) 8 1st Floor Plan 16 2nd Floor Plan 4 Roof Plan 4 RCP in subject zones 4 Exterior Elevations 12 Sections at Addition 8 Site Plan 12 Total 68 Design (Including Site Visits) Hours Schematic Design (combined with DD) 0 Design Development 140 EXHIBIT B 4.J.a Packet Pg. 96 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Construction Documents 140 Bidding 40 Total 320 Construction Administration Hours 3 months (12 weeks @ 16 hrs/wk) 192 Record Drawing Documentation Hours Total Hours 580 $81,200.00 Proposed Professional Services Fee Architecture (Studio Meng Strazzara) $ 81,200 Civil Engineering (Huitt-Zollars) $ 9,700 Landscape Architecture (Nakano) $ 9,850 Structural Engineering (MLA) $ 25,000 Mechanical Engineering (Tres West) $ 27,110 Electrical Engineering (Tres West) $ 19,800 Cost Estimating (ARC) $ 5,425 Studio Meng Strazzara 10% mark-up on consultants $ 9,689 Total Fee $ 187,774 Estimated reimbursable expenses $ 3.000 Total Fee + Reimbursable Expenses $ 190,774 Proposed Optional Services Fees Record Documents (with 10% SMS mark-up on consultants) $ 8,824 30-Day Demand Metering (with 10% SMS mark-up on consultants) $ 2,200 If you have any questions, please call. Respectfully yours, Dennis Erwood, AIA Principal Attachments: MLA Proposal Tres West Proposal Huitt-Zollars Proposal Nakano Proposal ARC Proposal Exhibit B Continued 4.J.a Packet Pg. 97 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 1424 Fourth Ave, Suite 815 Tel: 206.264.2727 Seattle, Washington 98101 Fax: 206.264.4835 March 18, 2020 Sent via Email Studio Meng Strazzara, Inc. Bryant Draper 2001 Western Ave., Suite 200 Seattle, WA 98121 Phone: 206.567.3797 Subject: Proposal for Structural Engineering Services Kent Police Headquarters Renovation Dear Bryant: In response to your request, MLA Engineering, LLC (MLA) is pleased to propose this structural engineering services proposal for the renovation of the Kent Police Headquarters. According to the information we received in your email and RFP dated January 10, 2020, we understand that the structural elements of the project will primarily include a 400 square-foot addition to the existing lunch room, the renovation of the existing locker room, and site features in a 300 square- foot outdoor barbeque area. I. PHASES of SERVICES The scope of services provided by MLA will include the work described above. MLA proposes the following activities and deliverables as indicated for each phase of the project and for each of the two projects: A. SCHEMATIC DESIGN Develop design criteria, structural framing concepts, sketches and narrative. Participate in team meetings as required. Make site observations of existing conditions. B. DESIGN DEVELOPMENT Provide preliminary calculations and drawings, developed in REVIT, that show the primary framing and foundation system. Provide outline specification. Participate in team meetings as required. C. PERMIT and CONSTRUCTION DOCUMENTS Provide stamped permit drawings, inclusive of foundation plans, floor plans, notes, details and schedules as required for permit review and bid. Provide stamped and signed calculations of structural design. Exhibit B Continued 4.J.a Packet Pg. 98 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Studio Meng Strazzara Proposal for Structural Engineering Kent Police Headquarters Renovation March 18, 2020 Page 2 of 4 1424 Fourth Ave, Suite 815 Tel: 206.264.2727 Seattle, Washington 98101 Fax: 206.264.4835 Provide specifications for structural elements of the project. Respond to Building Official review comments; revise drawings as required. Submit structural drawings for construction. D. BID SERVICES Respond to bidder questions, provide clarifications, and prepare addendum, as required. Review bid results. E. SERVICES DURING CONSTRUCTION Review contractor submittals, shop drawings, and photos of construction. Respond to RFIs. On-site observations: Provide memos that document observations after each trip. F. AS-BUILT DRAWINGS Assist the contractor in updating the contract documents due to revisions that occurred during the construction phase. II. PROFESSIONAL FEES Phase Fixed Sum Professional Services A. Conceptual/Schematic Design $2,800. B. Design Development $5,800. C. Construction Documents $9,600. D. Bid Services $1,400. E. Assistance during Construction $5,600. F. As-Builts $1,200. TOTAL $26,200 The professional fee is a fixed sum, inclusive of expenses, invoiced monthly on a percent complete basis. III. ADDITIONAL SERVICES Additional services, if requested, would be estimated and negotiated using the hourly rates shown below. These services, which would need to be requested by Studio Meng Strazzara, may include, but are not limited to: Exhibit B Continued 4.J.a Packet Pg. 99 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Studio Meng Strazzara Proposal for Structural Engineering Kent Police Headquarters Renovation March 18, 2020 Page 3 of 4 1424 Fourth Ave, Suite 815 Tel: 206.264.2727 Seattle, Washington 98101 Fax: 206.264.4835 A. Services that are not normally provided by the Structural Engineer-of-Record, unless specifically indicated in the Scope of Work. B. An increase in the project scope, construction budget and/or schedule extensions that add(s) to the scope or complexity of the structural system and the hours required to provide the structural design. C. Means and methods of construction, such as erection plans, lifting of prefabricated elements, sequence of construction and accessibility to the site. D. Design of window systems, glass panels, wall cladding, and prefabricated vendor- supplied elements. E. Determining as-built measurements and detailed confirmation of existing construction. F. Detailed design of non-structural rockwork theming features. IV. EXCLUSIONS A. Identification and removal of hazardous materials. B. Testing of materials in the existing structures. C. Development of shop drawings. D. Testing of materials and special inspection services for the new construction. E. Design of fall protection systems other than connection points at structural elements. F. Design of vendor-supplied pre-manufactured items. G. Geotechnical Engineering Testing and Report V. ASSUMPTIONS A. Vendor supplied items such as glass, acrylic, FRP structures, metal stair systems, prefabricated joists, skylights, vendor manufactured entertainment features, and non- structural shotcrete elements are bidder-designed, which will be separately engineered by a Professional Engineer who is retained by the Contractor and included in the Contractor’s bid price. B. Structural drawings of the existing construction are available and accurate to use for developing the Construction Drawings for this project. C. MLA’s scope of work is limited to structural design. Other professionals will be required for providing services that may include civil, architectural, mechanical, electrical, and permitting of the documents. D. REVIT electronic files will be provided by Studio Meng Strazzara to MLA Engineering for use in the development of the structural plans and sections. E. Others will be responsible for procuring, funding, and providing geotechnical design information and on-site testing and special inspection according to the requirements provided in MLA’s documents. Exhibit B Continued 4.J.a Packet Pg. 100 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Studio Meng Strazzara Proposal for Structural Engineering Kent Police Headquarters Renovation March 18, 2020 Page 4 of 4 1424 Fourth Ave, Suite 815 Tel: 206.264.2727 Seattle, Washington 98101 Fax: 206.264.4835 F. Specifications will be in CSI format. G. The design and permit phases of the project will be complete prior December 31, 2020. VI. GEOTECHNICAL REPORT Structural engineering will require that others provide a geotechnical report with soil borings and recommendations for MLA’s use in the design. The report will need to include allowable bearing pressures, passive and active soil pressure, estimates of settlement, site class, recommendations for drainage behind walls, excavation, backfill material, and other pertinent soils information related to the design and construction of the buildings, site features, fences, retaining walls, and site-specific seismic spectral accelerations for short and long period ground motions. VII. HOURLY RATES (for calendar year 2020; rates are generally adjusted on January 1st of each year) Michael Leonard, P.E., Principal/PM $190/hr Sr. Engineer, P.E., Level VI $140 - $150/hr Sr. Engineer, P.E, Level V $130 - $135/hr Engineer, P.E. Level IV $110 - $125/hr Engineer III $100 - $105/hr Intern Engineer $80 - $90/hr REVIT/CAD Drafter $85 - $100/hr Administrative Support $80/hr VIII. TERMS & CONDITIONS Terms and conditions will be according the A.I.A. 401-2017 Architect-Subconsultant Agreement. Thank you for the opportunity to respond to your RFP and offer our services. We would look forward to providing structural design for this exciting project. Please feel free to call me at 206- 264-2727 with any questions. Sincerely, Michael S. Leonard, P.E. Principal MLA Engineering, LLC Exhibit B Continued 4.J.a Packet Pg. 101 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S ____ ____ ____ Page 1 ● T R E S W E S T E N G I N E E R S, I N C. 2 7 0 2 S O U T H 4 2 N D S T R E E T , S U I T E 3 0 1 , T A C O M A , W A 9 8 4 0 9 - 7 3 1 5 T E L E P H O N E ( 2 5 3 ) 4 7 2 - 3 3 0 0 July 2, 2020 Mr. Bryant Draper Studio Meng Strazzara 2001 Western Ave, STE 200 Seattle WA 98121-2114 bdraper@studioms.com 206-587-3797 RE: KENT POLICE HEADQUARTERS RENOVATION – MEP ENGINEERING FEE PROPOSAL Mr. Draper: We are pleased to offer a fee proposal for the Kent Police Headquarters Renovation. We understand the scope to cover a locker room conversion, storage room conversion, training room, outdoor area and 400 SF of expansion to the building (lunch room). Our proposal is based on your concept diagram. A summary of our proposed engineering services are listed below. Provide MEP engineering documents. o Coordination with other disciplines. o Domestic plumbing design o Waste and vent riser diagrams o Plumbing calculations o Proposed cut sheets for major equipment o HVAC calculations o HVAC system to be an extension of the existing system where possible. o New ventilation system for the locker/training room o Power distribution system, one line diagram and electrical load calculations o Complete lighting design for interior and exterior o Power, telephone, cable TV and fire alarm system design o MEP Specifications o Fire Sprinkler design build specifications o Fire Alarm design build specifications o Washington State Mechsum and LightingSum energy code compliance forms Bidding and Construction administration support: o Addenda, RFI’s, submittal review, pre-bid walkthrough, site visits during construction, punchlist, and back punch. Exhibit B Continued 4.J.a Packet Pg. 102 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S ____ ____ ____ Tres West Engineers, Inc. Page 2 2702 SOUTH 42ND STREET, SUITE 301, TACOMA, WA 98409-7315 TELEPHONE (253) 472-3300 Our mechanical design work will be limited to within (5) feet of the building exterior wall. All plans will be stamped by a Professional Engineer Licensed in Washington State. Our engineering fee for the scope of services listed above is: Mechanical Engineering Services: $27,110 Electrical Engineering Services: $19,800 30-Day Demand Metering: $2,000 Record Drawings: $1,040 Deliverables: o SD (Drawings, Narrative, Cost opinion (ROM)) o DD (Drawings, Specification TOC, Cost opinion) o Building Permit (Drawings, Energy Code Compliance Forms, Calculations, Cost Opinion) o CD (Bid drawings, Specifications, Cost Opinion) o CA (RFI’s, Submittals, Punch List and Back Punch List) Exclusions: o Acoustical analysis o Rainwater/greywater collection and distribution systems o Building Energy Simulation o Arc Flash Study o Building commissioning o Permit fees o Phased construction o Photovoltaic design o Design for alternate bids o Design changes as a result of VE processes after 50% construction documents o Building envelope code compliance forms o Owner requested design changes during construction o Additional Meetings/site visits not specifically listed herein Assumptions: Backgrounds will be provided for us in REVIT/AUTOCAD format Design drawings will be completed in 2D AutoCAD/3D REVIT Project will be completed utilizing the same version of AutoCAD/REVIT as it was started in. Exhibit B Continued 4.J.a Packet Pg. 103 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S ____ ____ ____ Tres West Engineers, Inc. Page 3 2702 SOUTH 42ND STREET, SUITE 301, TACOMA, WA 98409-7315 TELEPHONE (253) 472-3300 Project will be submitted as one permit submittal Project will be submitted as one bid package Project will not be phased construction Existing building electrical service has sufficient capacity LEED accreditation will not be pursued. If there are floor plan changes after 50% construction documents, additional services will be requested if revisions to model after 50%. Record drawings include conversion of contractor’s redline as-builts into AutoCAD Meetings/Site Visits: o 4 – Design Meetings o 1 – Preconstruction meetings o 2– Site visits during Construction o 1 – Punchlist site visit o 1 – Backcheck site visit Proposal is good for 90 days Payment: Project will be billed monthly on a percentage complete basis. Payments are due within 30 days of invoice date. Our firm carries $1million/$2million aggregate in E&O insurance. We appreciate the opportunity to be of service and look forward working with you. Please do not hesitate to call if you have any questions. Sincerely yours, Approved By: ________________ Signature ________________ Print David Moore, P.E., LEED® AP ________________ Date Principal Exhibit B Continued 4.J.a Packet Pg. 104 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Ke n t P o l i c e H e a d q u a r t e r s R e n o v a t i o n P r o j e c t DR A F T MA N H O U R & F E E E S T I M A T E CO N F I D E N T I A L Pr e p a r e d b y : H u i t t - Z o l l a r s , I n c . 7 / 7 / 2 0 2 0 PI C Sr . E n g Sr . Jr . Pl a n n e r LA La n d Ma n h o u r En g i n e e r i n g Ro u n d e d Ta s k D e s c r i p t i o n Ci v i l Ci v i l EI T De s i g n Su r v e y o r Su p p . To t a l s Fe e A m o u n t s Fe e A m o u n t s Fl a t H o u r l y R a t e s 25 0 20 4 20 0 13 0 11 0 10 0 12 0 12 0 14 0 90 Ho u r s 0 11 0 63 0 0 0 0 0 4 78 Co n c e p t u a l / S c h e m a t i c D e s i g n 1 1 $9 0 $1 0 0 1A SD C i v i l S i t e E x h i b i t 2 8 10 $1 , 4 4 8 $1 , 4 0 0 1B Si t e V i s i t 2 2 $4 0 8 $4 0 0 13 $1 , 9 4 6 $1 , 9 0 0 Co n s t r u c t i o n D o c u m e n t s 1 1 $9 0 $1 0 0 2A CD P l a n s ( 1 s h e e t ) 2 36 38 $5 , 0 8 8 $5 , 0 0 0 2B CD S p e c i f i c a t i o n s ( 6 s e c t i o n s ) 1 4 5 $7 2 4 $7 0 0 44 $5 , 9 0 2 $5 , 8 0 0 Bi d d i n g P h a s e 1 1 $9 0 $1 0 0 3A Qu e s t i o n s 1 1 $1 3 0 $1 0 0 3B Ad d e n d a 1 1 $1 3 0 $1 0 0 3C Pr e - B i d 1 1 $1 3 0 $1 0 0 4 $4 8 0 $4 0 0 Co n s t r u c t i o n A d m i n i s t r a t i o n 1 1 $9 0 $1 0 0 4A Ma t e r i a l S u b m i t t a l s 1 2 3 $4 6 4 $4 0 0 4B RF I s 1 2 3 $4 6 4 $4 0 0 4C Pu n c h l i s t a n d V e r i f i c a t i o n 1 4 5 $7 2 4 $7 0 0 12 $1 , 7 4 2 $1 , 6 0 0 5A Fi n a l A s - B u i l t D r a w i n g s 1 4 5 $7 2 4 $7 0 0 TO T A L 78 $1 0 , 4 0 0 RE I M B U R S A B L E $1 0 0 $1 0 , 7 9 4 $1 0 , 5 0 0 7/ 7 / 2 0 2 0 , 7 : 3 6 A M Pa g e 1 2 0 2 0 0 7 0 7 K e n t P I F e e . x l s x Ex h i b i t B Co n t i n u e d 4.J.a Packet Pg. 105 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S July 7, 2020 Kent Police Headquarters Renovation Detailed Scope of Work and Fee Proposal Principal Sr Associate Associate II Subtotal Task $150 $105 $85 SCHEMATIC DESIGN / DESIGN DEVELOPMENT 1 Attend kick-off meeting (virtual tele-conf.) 2 2 Scoping/review existing site information, as-builts, survey documents 2 3 3 Site visit to review/assess/record existing site features to confirm available documents and scope of work. 22 4 Existing irrigation system - meet with city staff to assess/record system operation. Concurrent with Task 3. 22 5 Existing landscape plants - assess plants to remain/ removal/ salvage for reuse. Concurrent with Task 3 22 6 Participate in outdoor space layout plan collaboration with Civil.24 7 Prelim. Site Landscape demo / salvage plan. Coordinate & incorporate with Civil demo plan. 26 8 Prelim. Site irrigation (restoration) plan 2 6 9 Prelim. Site details 1 4 10 Prepare color-rendered site landscape plan 11 Attend design team coordination meeting (up to 2 virtual tele-conf.) 1 4 12 Prepare Design Review Submittal package 1 4 13 Internal QA/QC 2 19237 $2,850 $210 $3,145 $6,205 CONSTRUCTION DOCUMENT 1 Attend design team coordination meeting (x1 virtual teleconf) 2 2 Final Irrigation Restoration plan 2 6 Final Planting Plan 1 6 3 Site details 12 4 Technical specifications 2 5 Update cost estimate 12 6 Prepare drawing set for Building permit submittal 25 7 Internal QA/QC 2 11221 $1,650 $210 $1,785 $3,645 BIDDING & CONSTRUCTION ADMINISTRATION 1 Response to Questions during bidding 2 Submittal Review / RFI / Clarifications 3 Site visit & Inspection Services FINAL AS-BUILT DRAWINGS 1 Prepare CAD record drawings from As-Builts $9,850 Reimbursable Expenses: mileage (RT to site: 20 miles); graphic repro., postage, courier $150 PROFESSIONAL DESIGN SERVICES $10,000 Additional services - billed @ hourly rate Additional services - billed @ hourly rate Additional services - billed @ hourly rate Additional services - billed @ hourly rate Additional services - billed @ hourly rate Kent Police Headquarters Renovation Page 1/2 Exhibit B Continued 4.J.a Packet Pg. 106 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S July 7, 2020 Kent Police Headquarters Renovation Assumptions & Exceptions 1 2 3 4 5 6 7 ADDITIONAL SERVICES & ASSUMPTIONS The following services are Not Included in the abovementioned scope and fees. 1 2 Arborist Services: Should existing trees require removal, relocation, or is impacted by this project in any way, It is highly recommended that a Certified Arborist provide tree assessment services. ASSUMPTION: the City of Kent will provide a list of arborists that they use on a separate contract. Drawings will be produced in AutoCad 2017 or later version. Nakano Associates will collaborate with Civil on grading and drainage issues and provide recommendations for hardscape layout & design. Final hardscape layout, grading and drainage design and contract document production of plans, details & specs relating to hardscape, grading & drainage to be provided by Civil. Design services and meetings not covered in the above scope shall be considered Additional Services and shall be billed @ our hourly rates Hours are estimated and may be redistributed between tasks, phases and personnel. Site survey base and site as-built information provided by Architect, and by site visit observations and conversations with site staff. Site hardscape (pavement, curbs, finishes and details) to be provided by others. Site irrigation modifications & restoration plans to be based on as-built irrigation drawings, to be provided by others. Landscape & Irrigation Maintenance Manual: A compilation of existing conditions and new site information, including instructions and recommendations for landscape and irrigation maintenance based on site specific conditions. If requested, this will be considered Additional Services and shall be billed @ our hourly rate. Kent Police Headquarters Renovation Page 2/2 Exhibit B Continued 4.J.a Packet Pg. 107 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S Proposal RC Cost Group | 917 PACIFIC AVE, SUITE 505, TACOMA, WA 98402 | 253.258.2925 | RCCOSTGROUP.COM CLIENT Studio Meng Strazzara DATE March 23rd, 2020 CLIENT CONTACT Bryant Draper PROJECT Kent Police Station Headquarters Renovation Dear Bryant, Please see below our proposal for providing cost consulting services for the Kent Police Station Headquarters renovation project, located in Kent, WA. It is our understanding the project consists of an addition to the lunch area, outdoor BBQ area, Locker room conversion and relocated locker room. Provide cost consulting services at the following design stages: • Schematic Design • Design Development • Construction Documents 2.1 Cost Estimate The cost estimate will be based on the measurement of quantities from drawings and provided information and priced in accordance with these drawings, spec ifications and descriptions of the work. All sections will be estimated in detail based upon the information available. We have assumed MEP estimating would be completed by the engineers and incorporated into the overall report by RC Cost Group. 2.2 Format The estimates will be presented in elemental format or that determined by the project team. 2.3 Exclusions Any design work or estimating beyond the above stated services and scope and beyond the site. 2.4 Meetings / Follow Up / Estimate Review We have assumed for this fee proposal for (2) hour of meetings, conference calls and follow up. 2.5 Project Staffing A ssignment • Andy Cluness, Lead Estimator (25+ Years’ Experience) • Mark Richardson, Lead Estimator (30+ Years’ Experience) • Neil Watson, Lead MEP Estimator (30+ Years’ Experience) 3a. Basic Services Fees Our Fixed Fee for cost estimating services are $7,000 for the following services: • Schematic Design Estimating - $1,575 o Architectural / Structural / Sitework, 8 hours Exhibit B Continued 4.J.a Packet Pg. 108 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S RC Cost Group PAGE 2 OF 2 o Report Preparation and Follow Up Discussions, 1 Hour • Design Development Estimating - $2,625 o Architectural / Structural / Sitework, 14 hours o Report Preparation and Follow Up Discussions, 1 Hour • Construction Documents Estimating - $2,800 o Architectural / Structural / Sitework, 15 hours o Report Preparation and Follow Up Discussions, 1 Hour 4 . Expenses Direct reimbursable expenditures if appropriate will be charged in accordance with the prime agreement or Our Hourly rates for miscellaneous additional services will be billed as reimbursable at $1 75/Hr. Flights and Accommodations will be billed at Cost + 10%. We are not anticipating expenses for this project. 5 . Payment We will invoice on completion of each phase for payment net thirty (30) days. This proposal remains open for acceptance for a period of three months after which time the writer should be consulted for verification of scope and fees. 6 . Project Schedule Based on our understanding of the current schedule that if successful in our proposal we would receive the documents on the following dates for the formal submittals of our service: Documents to RC Cost Group Per Schedule Complete Cost Plan Per Schedule We look forward to the opportunity of working with you on this important project and if you have any questions regarding this proposal or the fee structure, please give us a call. Thank you. Yours Truly, Andrew Cluness, Managing Partner RC Cost Group, INC. Confirmation of Agreement: This letter correctly sets out the scope and fees for services to be provided by RC Cost Group, Inc.. for this project. SIGNATURE OF AUTHORIZED OFFICER TITLE OF AUTHORIZED OFFICER DATE Exhibit B Continued 4.J.a Packet Pg. 109 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 4.J.a Packet Pg. 110 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EXHIBIT C (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 3,000,000 per claim and $4,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 4.J.a Packet Pg. 111 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S EXHIBIT C (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 4.J.a Packet Pg. 112 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/28/2020 License # 0C36861 (206) 204-9140 (206) 204-9205 25674 Studio Meng Strazzara 2001 Western Avenue Ste 200 Seattle, WA 98121 36161 19801 A 2,000,000 X 680-4P174455-19-47 12/2/2019 12/2/2020 1,000,000 5,000 2,000,000 4,000,000 4,000,000 H&NO Auto Liab 2,000,000 3,000,000B X CUP4P5194131947 12/2/2019 12/2/2020 3,000,000 10,000 C Professional Liab 121AE0002605-01 12/2/2019 Claim/Aggregate 5,000,000 A Washington Stop Gap 680-4P174455-19-47 12/2/2019 12/2/2020 Employers Liab 1,000,000 RE: Kent Police Headquarters Renovation Project Certificate holder is included as an additional insured with respect to General Liability coverage as per written contract subject to the terms and conditions of the policy. 30 day notice of cancellation applies, except for 10 days due to non-payment of premium. Umbrella follows form as respects additional insured. City of Kent Attn. Alex Ackley, Facilities Superintendent 220 Fourth Avenue South Kent, WA 98032 STUDMEN-01 PPATTERSON Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor Seattle, WA 98101 Travelers Property Casualty Company of America Travelers Property Casualty Insurance Company Argonaut Insurance Company 12/2/2020 X X X X X 4.J.a Packet Pg. 113 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 114 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 115 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 116 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 117 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 118 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 119 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 120 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 121 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S 4.J.a Packet Pg. 122 At t a c h m e n t : S t u d i o M e n g S t r a z z a r a - C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 2 3 8 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h S t u d i o M e n g S t r a z z a r a , I n c . , P . S PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Adopt Ordinance 4365 Updating KCC 14.09 – Flood Hazard Regulations MOTION: Adopt Ordinance No. 4365, amending Chapter 14.09 of the Kent City Code entitled “Flood Hazard Regulations,” to strike KCC 14.09.150(C) related to projects designed for the enhancement of fish habitat within the floodway. SUMMARY: As a participating community in FEMA’s (Federal Emergency Management Agency) National Flood Insurance Program (NFIP), the City of Kent is required to maintain its flood hazard code in a way that ensures compliance with the NFIP. The City recently adopted changes to Chapter 14.09 of the Kent City Code, following a review of the code provisions by FEMA. After the amendments were adopted, FEMA notified the City that additional updates are now necessary to remain in compliance with the terms of the NFIP. In previous reviews of the proposed code changes, FEMA did not indicate that inclusion of a section in Kent City Code was a problem. FEMA is now requiring that this section of code be removed for Kent to maintain its eligibility in the NFIP. Specifically, FEMA is requiring that KCC 14.09.150(C) be struck by August 27, 2020 or the City will face suspension from the NFIP. This code item relates to development of fish habitat enhancement projects within a regulatory floodway. The removal of this section will not create a new development limitation for these types of projects. The review by FEMA during their periodic Community Assistance Visits (CAV) has always been conducted as if this exception in the code provision was not present. Due to recent changes in the CAV process, FEMA now requires that no rise be documented in a regulatory floodway for all projects, regardless of type. This code item, KCC 14.09.150(C), can be removed without creating any functional differences for development of fish habitat enhancement projects located in regulatory floodways. The City of Kent’s continued participation in FEMA’s National Flood Insurance Program allows Kent residents and businesses to obtain FEMA flood insurance, which helps reduce financial risks and impacts as a result of flooding. 4.K Packet Pg. 123 BUDGET IMPACT: None 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. ATTACHMENTS: 1. FINAL KCC 14.09 - Amending Ord. 4361 (PDF) 4.K Packet Pg. 124 1 Amend KCC 14.09- Re: Flood Hazard Regulations ORDINANCE NO. 4365 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.09 of the Kent City Code entitled “Flood Hazard Regulations,” to strike KCC 14.09.150(C) related to projects designed for the enhancement of fish habitat within the floodway. RECITALS A. On July 7, 2020, following a public hearing, the City Council adopted Ordinance 4361 which repealed and readopted Chapter 14.09 of the Kent City Code entitled “Flood Hazard Regulations.” This ordinance updated definitions and other provisions to align with the applicable federal regulations and definitions; established a Flood Zone Permit and updated the enforcement section, making additional remedies available under Chapter 1.04 of the Kent City Code. B. Many of these updates were required by the Federal Emergency Management Agency (FEMA) in order for the City to maintain its program eligibility in FEMA’s National Flood Insurance Program (NFIP). FEMA required that these updates be effective no later than August 19, 2020. C. On July 28, 2020, a FEMA representative gave notice to City staff that additional updates were necessary to maintain its program 4.K.a Packet Pg. 125 At t a c h m e n t : F I N A L K C C 1 4 . 0 9 - A m e n d i n g O r d . 4 3 6 1 ( 2 3 8 6 : A d o p t O r d i n a n c e 4 3 6 5 U p d a t i n g K C C 1 4 . 0 9 – F l o o d H a z a r d R e g u l a t i o n s ) 2 Amend KCC 14.09- Re: Flood Hazard Regulations eligibility in FEMA’s NFIP and specifically that the City must strike KCC 14.09.150(C) within 30 days of the notice, August 27, 2020, or face suspension from the NFIP. D. KCC 14.09.150(C) relates to development of fish habitat enhancement projects within a regulatory floodway. The removal of this section will not create a new development limitation for these types of projects. The review by FEMA during their periodic Community Assistance Visits (CAV) has always been conducted as if this exception in the code provision was not present. Due to recent changes in the CAV process FEMA now requires that no rise be documented in a regulatory floodway for all projects, regardless of type. This code item, KCC 14.09.150(C), can be removed without creating any functional differences for development of fish habitat enhancement projects located in regulatory floodways. E. At its regularly-scheduled meeting on August 18, 2020, the City Council held a public hearing regarding the proposed code amendments and after considering the matter, voted to adopt the amendments to chapter 14.09 of the Kent City Code. F. This ordinance is necessary for the protection of public health, public safety, public property and public peace and accordingly may take effect immediately upon final passage. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 4.K.a Packet Pg. 126 At t a c h m e n t : F I N A L K C C 1 4 . 0 9 - A m e n d i n g O r d . 4 3 6 1 ( 2 3 8 6 : A d o p t O r d i n a n c e 4 3 6 5 U p d a t i n g K C C 1 4 . 0 9 – F l o o d H a z a r d R e g u l a t i o n s ) 3 Amend KCC 14.09- Re: Flood Hazard Regulations SECTION 1. - Amendment. Section 14.09.145 of the Kent City Code, entitled “Flood Hazard Regulations,” is hereby amended as follows: Section 14.09.150. Floodways. Within the floodway of special flood hazard areas, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either before the repair, reconstruction, or improvement is started or, if the structure has been damaged, and is being restored, before the damage occurred. Work done to correct an existing violation of state or local health, sanitary, or safety code specifications, as identified by a local code enforcement official, and which is the minimum necessary to assure safe living conditions, or work done to structures identified as historic places, shall not be included in the 50 percent determination. C. Projects specifically designed for the enhancement of fish habitat are allowed within the floodway when they meet the following criteria: 1. The project has been designed to minimize impacts to base flood elevations; and 4.K.a Packet Pg. 127 At t a c h m e n t : F I N A L K C C 1 4 . 0 9 - A m e n d i n g O r d . 4 3 6 1 ( 2 3 8 6 : A d o p t O r d i n a n c e 4 3 6 5 U p d a t i n g K C C 1 4 . 0 9 – F l o o d H a z a r d R e g u l a t i o n s ) 4 Amend KCC 14.09- Re: Flood Hazard Regulations 2. It can be demonstrated that any rise in the 100-year flood levels has been kept as close to zero as practically possible through a hydrologic and hydraulic analysis; and 3. The project does not affect any insurable structures. 4. The project complies with other relevant state and city regulations such as the Critical Areas Ordinance (KCC 11.06), Shoreline Master Program and State Environmental Policy Act. DC. If subsections (A) – (CB) of this section 14.09.150 are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.120 and 14.09.130. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety 4.K.a Packet Pg. 128 At t a c h m e n t : F I N A L K C C 1 4 . 0 9 - A m e n d i n g O r d . 4 3 6 1 ( 2 3 8 6 : A d o p t O r d i n a n c e 4 3 6 5 U p d a t i n g K C C 1 4 . 0 9 – F l o o d H a z a r d R e g u l a t i o n s ) 5 Amend KCC 14.09- Re: Flood Hazard Regulations and welfare. This ordinance shall become effective immediately upon passage. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. August 18, 2020 DANA RALPH, MAYOR Date Approved ATTEST: August 18, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted August 21, 2020 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 4.K.a Packet Pg. 129 At t a c h m e n t : F I N A L K C C 1 4 . 0 9 - A m e n d i n g O r d . 4 3 6 1 ( 2 3 8 6 : A d o p t O r d i n a n c e 4 3 6 5 U p d a t i n g K C C 1 4 . 0 9 – F l o o d H a z a r d R e g u l a t i o n s ) PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola 220 Fourth Avenue South Kent, WA 98032 253-856-5100 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: RCO Grant Conversion for YMCA Replacement Property – Approve MOTION: Authorize the Mayor to sign a Replacement Property Deed of Right in favor of the Washington Recreation and Conservation Office to secure the “Ransom Property” as replacement property to offset the necessary conversion that occurred to a portion of Morrill Meadows Park in support of the City’s joint development project with the YMCA, and to take all actions and sign all documents necessary to complete the conversion process, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The Kent City Council authorized the acquisition of the 3-acre Ransom property (King County parcel number 292205-9211) on March 6, 2018. The property was then acquired by the Parks Department in April of 2018 for $890,000. Prior to purchase, Parks staff had identified the Ransom property as replacement property that would be used to offset land within Morrill Meadows Park that would be converted to support the City’s joint development project with the YMCA. Years earlier, the City used RCO grant funds to acquire land that ultimately became part of Morrill Meadows Park, portions of which were also previously known as East Hills Park: RCO Grant #91-170 (Martin parcel), RCW Grant #97-036 (Morrill parcel), and RCO Grant #02-1175 (Backhaus parcel). When RCO grant funds are used to acquire or develop land, RCO requires that property be restricted from development and the use reserved for open space purposes. Those restrictions are imposed through a Deed of Right, which is recorded and appears as an encumbrance against the property’s title to secure the state’s investment in the property. When the property’s use changes, RCO grant funds either need to be reimbursed, or additional land acquired (“replacement property”) and the use restrictions transferred to that replacement property. The attached Replacement Property Deed of Right will place the use restrictions from the Martin parcel, Morrill parcel, and Backhaus parcel onto the Ransom Property. Once the Replacement Property Deed of Right is recorded against the Ransom Property, the prior Deeds of Right currently recorded against the Morrill Meadows Parks property, including the portion of property transferred to the YMCA 4.L Packet Pg. 130 as part of the joint development project, can be removed. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. EXHIBIT RCO Conversion Ransom (PDF) 4.L Packet Pg. 131 Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Myra Barker REPLACEMENT PROPERTY DEED OF RIGHT TO USE LAND FOR PUBLIC OUTDOOR RECREATION PURPOSES Ransom Property Grantor:City of Kent Grantee:STATE OF WASHINGTON, actingby and through the WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies Abbreviated Legal Description: Ptn. NW1/4, SWl/4, STR29-22-SE (More particularly described in Exhibit "A" (Legal Description) and as depicted in Exhibit "B" (Property Map)), Assessor's Property Tax Parcel Number(s): 292205-9211 Reference Numbers of Related Documents: The Grantor grants this Replacement Property Deed of Right to Use Land for Public Outdoor Recreation Purposes (the "Deed") for and in consideration of monies coming in whole or in part fiPage I of7 4.L.a Packet Pg. 132 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) from the Outdoor Recreation Account, Washington Wildlife and Recreation Program. Such grants are made pursuant to the Project Agreements entered into between the Grantor and the Grantee entitled East Hill Neighborhood Park, Project Number 9l-170, signed by the Grantor on the 6th day of August, 1991 and the Grantee the 22"d day of July 1991 (the "Project Agreement"); East Hill Park Expansion, Project Number 97-036, signed by the Grantor on the lTth day of June 1991 andthe Grantee the 30th day of April1997 (the "Project Agreement"); and Morrill Meadows East Hill Park Connection, Project Number 02-11,75, signed by the Grantor on the 17th day of October 2003 and the Grantee the l5th day of August 2003 (the "Project Agreement"); and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreements. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: l. The Grantor shall take such reasonable and feasible measures as are necessary to protect the replacement property, as approved by the Grantee for a conversion at East Hill Morrill Meadows Park, and as described in Exhibit A (Legal Description) and depicted in Exhibit B (Property Map) (the "Property") for park purposes, consistent with the Project Agreements, so as to provide public access to outdoor recreation opportunities in perpetuity and protect public outdoor recreation and park resources. 2. The Grantor shall allow public access to the Property as provided in the Project Agreements. Such access shall be subject to the restrictions allowed under the Project Agreements, by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the Property consistent with outdoor recreation pulposes and the Project Agreements. 3. The Grantor shall provide access to the Grantee to inspect the Property for compliance with the terms of this Deed and the Project Agreements to which the Grantor is a signatory. Such access shall be subject to the restrictions , if any, allowed under the Project Agreements, by written agteement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the Property. 4. Without the prior written consent of the Grantee or its successors, through an amendment to the Project Agreements or the process set forth below, the Grantor shall not use or allow any use of the Property (including any part of it) that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreements. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreements. @Page2 of7 4.L.a Packet Pg. 133 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the substitute recreation land must be of reasonably equivalent usefulness and location for the public outdoor recreation purposes as the Property prior to any inconsistent use; (2) the substitute recreation land must be of at least equal fair market value to the Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grants and other grants if such encumbrances or alterations reduce the value of the Property from what it would be without them. For purposes of this Deed the Project Agreements include any amendments thereto that occur prior or subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Recreation and Conservation Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Recreation and Conservation Funding Board andlor its successors shall each have a separate and independent right to enforce the terms of this Deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW {,pPage 3 of7 4.L.a Packet Pg. 134 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) GRANTOR: City of Kent By: Name: Title: TL K y' Dated this _ day of 20__z_Q_ STATE OF WASHINGTON COI-INTY OF I certifu that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authoizedto execute the instrument and acknowledge it as the for the Grantor, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS ) ) ) ss NPage 4 of7 4.L.a Packet Pg. 135 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE REATION AND CONSERVATION OFFICE By: Name: Scott T. Robinson Title: Deputy Director Dated tns /?9 dav or iltzcrr 20@__ STATE OF WASHINGTON COUNTY OF SS ) ) ) S cu+tT, pbhnkrM I certifu that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this they^qere authorized to execute the instrument and acknowledgeM{*1/f for the Recreation and Conservation Office and to be and of such party for the uses and purposes mentioned in the instrument. it as the the free zlnlznDated: Signed: Notary Public in residing 1n My commission expires 1_q _Ll OFII 'aiF4nut0 fnPage 5 of7 4.L.a Packet Pg. 136 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) EXHIBIT A Legal Description The East 3 Acres of the West 6 Acres of the following described property: The North Three- Quarters of the Northwest quarter of the Southwest quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington; Except the North 595 feet; And Except the South 30 feet conveyed to King County for Road by deed recorded under Recording No. 5323915. Situate in the County of King, State of Washington. frDPage 6 of7 4.L.a Packet Pg. 137 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) RCO #91-170, RCO #97-036, RCO #02-1175 City of Kent March 9,2020 EXHIBIT B Property Map Feet E RansomProperty G1 vtittCreek Canyon Park N Rigttt of way N A i:> tuPage7 of7 4.L.a Packet Pg. 138 At t a c h m e n t : E X H I B I T R C O C o n v e r s i o n R a n s o m ( 2 3 7 8 : R C O G r a n t C o n v e r s i o n f o r Y M C A R e p l a c e m e n t P r o p e r t y ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Consultant Services Agreement with Jacobs Engineering Group Inc. for Washington Avenue South Stormwater Pump Station - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Jacobs Engineering Group, Inc. in an amount not to exceed $169,891.24 for engineering services on the Washington Avenue South Stormwater Pump Station project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Washington Avenue South Stormwater Pump Station project proposes to increase the capacity of the existing stormwater pump station, currently located on the west side of the Washington Avenue South bridge along the right bank (north bank) of the Green River, and to relocate the facility to the east side of Washington Avenue South. The existing stormwater pump station has a pumping capacity of 6 CFS (cubic feet per second) and serves an approximate drainage area of about 50 acres of commercially zoned land located along Washington Avenue South to the north of the pump station’s current location. The Project proposes to relocate the stormwater pump station to the east, upgrade its pumping capacity to approximately 30 CFS, and increase its drainage service area to approximately 90 acres by including additional service areas to the east of its new location. This consultant services agreement contract with Jacobs Engineering Group, Inc., includes completion of final design plans and specifications for the Mechanical, Electrical, Architectural and Structural Design. The relocated and upgraded Washington Avenue South Stormwater Pump Station will reduce flood risk to roadways and properties in the Kent Valley. BUDGET IMPACT: Funding for this contract will come from budgeted drainage utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 4.M Packet Pg. 139 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Washington Ave Stormwater (PDF) 4.M Packet Pg. 140 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Jacobs Engineering Group Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jacobs Engineering Group Inc. organized under the laws of the State of Delaware, located and doing business at 1100 112th Avenue NE, Suite 500, Bellevue, WA 98004, Phone: (425) 233 -3102, Contact: Erik Brodahl (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering, design & project management services for the Washington Avenue Pump Station Relocation Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2021. III.COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty Nine Thousand, Eight Hundred Ninety One Dollars and Twenty Four Cents ($169,891.24), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorizati on of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the 4.M.a Packet Pg. 141 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, th ey are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prev ention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any 4.M.a Packet Pg. 142 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this se ction, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily i njury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. 4.M.a Packet Pg. 143 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created unde r this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data , and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and detail s of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resol ution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party withou t the written consent of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 4.M.a Packet Pg. 144 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as ent ering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / 4.M.a Packet Pg. 145 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Erik Brodahl Jacobs Engineering Group Inc. 1100 112th Avenue NE, Suite 500 Bellevue, WA 98004 (425) 233-3102 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk P:\Public\Administration\Contracts\Contracts Prepared (Kathi)\Jacobs Enginering Group (2) 4.M.a Packet Pg. 146 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 4.M.a Packet Pg. 147 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.M.a Packet Pg. 148 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 4.M.a Packet Pg. 149 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 1 of 12 Jacobs Engineering Group Inc. Exhibit A City of Kent SCOPE OF SERVICES Washington Avenue South Stormwater Pump Station Replacement Engineering Design and Bidding Services ------------------------ Jacobs Engineering Group Inc. July 2020 1. PROJECT UNDERSTANDING The City of Kent’s (City) existing Washington Avenue South Pump Station is located northwest of the 68th Ave South (Washington Ave) overpass of Hawley Road. The pump station was installed in approximately 2001, and includes one vertical turbine pump, a precast concrete wet well, electrical cabinets and control system components installed on a slab and covered by a steel canopy. Typically, stormwater drains through the wet well to the Green River, but when the river stage is too high to drain by gravity, it is necessary to activate the pump to discharge the storm water via a higher elevation outfall on the bank of the Green River (through a PRATT valve). The pumping capacity is approximately 6 CFS (2,700 GPM) at a total dynamic head (TDH) of about 10.5 feet, using a 20 horsepower (HP) motor, according to the equipment nameplates. The usage of the existing pump station is generally limited. In the past several years the total annual pump runtime has been reported to range from less than one hour to about 25 hours, although in February of 2020 the pump station operated for approximately 60 hours straight, reinforcing the need for a more significant relocated facility. Additionally, the existing pump station will be in direct conflict with proposed levee improvements along the Green River, which are being funded by the King County Flood Control District in the relatively near future. To accommodate the levee improvements, the City plans to relocate/replace the existing pump station facilities further from the river on another property, also collecting overflow from additional tributary area. The City has prepared a sizing study to determine the appropriate level of facilities needed. Jacobs Engineering Group Inc. (Jacobs/Consultant) will assist the City with preparing the design based upon the conclusions from the City’s study. The City will prepare a significant portion of the civil engineering design and related services, with specific components identified within this scope of services to be prepared by Jacobs. Project Goals and Objectives: The pump station will include upgraded pumping capacity, a new wet well, a new electrical system with controls, and a new standby generator set. Site work may include grading, paved site access, lighting, a stormwater treatment system for new impervious area, fencing , and landscaping. The project will also include conveyance improvements, with gravity overflow 4.M.a Packet Pg. 150 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) Washington Avenue South Stormwater Pump Station Relocation Engineering Design and Bidding Services July 2020 Ja c o b s PM QA / Q C Ci v i l / M e c h a n i c a l En g i n e e r Ci v i l D e s i g n E I T CA D L e a d Se n i o r S t r u c t u r a l QA / Q C Le a d S t r u c t u r a l En g i n e e r Se n i o r E l e c t r i c a l QA / Q C El e c t r i c a l D e s i g n El e c t r i c a l D r a f t e r Se n i o r A r c h i t e c h QA / Q C Le a d A r c h i t e c h St r u c t u r a l / Ar c h i t e c t u r a l Dr a f t e r Sp e c i f i c a t i o n s Le a d TASK / SUBTASK TITLES Su b t o t a l b y F i r m Er i k B r o d a h l Pa u l T i s s e l l Da v i d B u c k Ke l s e y H u Ra y R e i s e r Gr e g T r i s k o Se a n T r o y a n Mi k e K u t z We n d i Q i Ve r o n i c a M a x i e Ma r k S h a r p Er i n G r a y Ho l l y Q u i n n e t t Ch e r y l P e r r i n e Task 100 - Project Management Project Management Plan, Schedule, and Setup 12 8 4 12 2,282.92$ 2,282.92$ Kickoff Meeting 8 4 4 8 1,370.58$ 1,370.58$ Project Administration and Communication 10 6 4 10 1,826.75$ 1,826.75$ Subtotal 30 18 0 0 12 0 0 0 0 0 0 0 0 0 0 30 5,480.25$ 5,480.25$ 3.23% Task 200 - 30% Pump Station Design 30% Conceptual Drawings / Calculations / Research 100 8 2 18 10 16 4 12 8 2 20 100 13,147.89$ 13,147.89$ Coordination with City 22 8 4 6 4 22 3,410.89$ 3,410.89$ 30% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 30% OPCC 20 4 8 2 4 2 20 3,171.01$ 3,171.01$ Subtotal 150 24 2 22 28 16 0 2 8 12 8 2 26 0 0 150 21,100.37$ 21,100.37$ 12.43% Task 300 - 60% Pump Station Design 60% Drawings / Calculations / Research 238 14 4 24 8 18 6 36 12 24 10 6 36 40 238 32,881.41$ 32,881.41$ 60% Specifications 98 12 4 8 8 2 8 6 12 2 8 28 98 13,944.61$ 13,944.61$ Coordination with City, Geotechnical and I&C 36 10 4 10 4 2 2 2 2 36 5,554.52$ 5,554.52$ 60% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 60% OPCC 18 4 6 2 4 2 18 2,941.89$ 2,941.89$ Subtotal 398 44 8 36 36 22 8 48 24 36 12 8 48 40 28 398 56,693.01$ 56,693.01$ 33.40% Task 400 - 90% Pump Station Design 90% Drawings / Calculations / Research 220 14 4 16 8 16 6 36 10 20 8 6 36 40 220 30,548.58$ 30,548.58$ 90% Specifications 84 8 4 6 6 2 8 4 8 2 8 28 84 11,652.85$ 11,652.85$ Coordination with City, Geotechnical and I&C 36 10 4 10 4 2 2 2 2 36 5,554.52$ 5,554.52$ Structural Calculations Package 26 2 4 20 26 4,608.92$ 4,608.92$ 90% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 90% OPCC 12 2 4 2 2 2 12 1,856.46$ 1,856.46$ Subtotal 386 40 8 26 32 20 12 68 18 28 10 8 48 40 28 386 55,591.91$ 55,591.91$ 32.75% Task 500 - Final Pump Station Design Final Drawings 106 8 6 6 10 2 12 6 8 4 4 16 24 106 14,467.56$ 14,467.56$ Final Specifications 52 8 4 2 2 6 2 6 2 6 14 52 7,520.86$ 7,520.86$ Final Coordination with City 28 8 6 2 2 2 2 2 4 28 4,314.04$ 4,314.04$ Final OPCC 6 2 4 6 914.41$ 914.41$ Subtotal 192 26 0 10 18 12 4 20 10 14 4 6 24 26 18 192 27,216.87$ 27,216.87$ 16.03% Task 600 - Bidding Support Services Bidder's questions / prepare addenda input 24 6 2 4 2 2 2 2 2 2 24 3,668.82$ 3,668.82$ Subtotal 24 6 0 2 4 2 0 2 2 0 0 0 2 2 2 24 3,668.82$ 3,668.82$ 2.16% SUBTOTAL 1,180 158 18 96 130 72 24 140 62 90 34 24 148 108 76 1,180 169,751 169,751 TOTAL FIRM HOURS 1,180 ODCs =$140.00 $140.00 SUBTOTAL FIRM BUDGET $169,751.24 Subtotal =$169,891.24 $169,891.24 Sub Markup =$0.00 $0.00 Billing Rate 228.08$ 205.94$ 120.89$ 114.56$ 122.64$ 202.51$ 167.14$ 200.07$ 127.10$ 105.94$ 189.03$ 103.82$ 105.62$ 100.86$ TOTAL =$169,891.24 $169,891.24 OK SUBTOTAL $169,751.24 $36,037.31 $3,706.86 $11,605.75 $14,892.97 $8,830.28 $4,860.24 $23,398.99 $12,404.27 $11,438.56 $3,601.92 $4,536.80 $15,365.16 $11,407.15 $7,664.98 Firm ODCs $140.00 100% TOTAL COST $169,891.24 To t a l B u d g e t b y T a s k Jacobs Engineering Group Inc. To t a l H o u r s b y T a s k Es c a l a t e d L a b o r C o s t b y T a s k - J a c o b s Page 1 of 1 4.M.a Packet Pg. 151 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 2 of 12 Jacobs Engineering Group Inc. connections to the new pump station location and a force main discharge connecting to an existing gravity outfall to the Green River. It is anticipated that residential setting CMU shelters will be provided over the equipment (similar to the shelters for the GRNRA South Stormwater Pump Station); these facilities will be designed with simple architectural and structural features. Reasonableness level review of the City’s sizing assumptions, surveying, geotechnical, instrumentation and controls, landscaping, environmental, permitting, cost estimates and construction services are not currently included with the Consultant’s scope of services, but may be added by amendment or new contract(s) if requested by the City. 2. ASSUMPTIONS This scope of work is based on the following assumptions: Engineering Design Assumptions: Survey, Site Civil Grading, Conveyance Piping, and Utilities: • City will research and request utility record drawings from utility purveyors in the project area, including City-owned wet utilities. City will research utility record drawings for City- owned water, sewer, and storm facilities in project vicinity. • The City will contract separately with a utility locator to provide locates of wet and dry utilities in the field prior to survey. • City will provide topographic survey services, including field topographic survey, and preparation of project base maps. Survey data obtained by the City shall include the following: o Full-width right-of-way along proposed project alignment o Edges of pavement and edges of right-of-way (including any adjacent utility easements) o Driveways and sidewalks o Mailboxes, poles, valve boxes, and other miscellaneous features o Wet and dry utilities, including field locates o Elevation point data sufficient to create one-foot contours o Marked and visible utilities o Measure-downs / invert elevations in all adjacent manholes and catch basins o All trees larger than 2-inches in diameter • The horizontal datum will be Washington State Plane coordinates, North Zone NAD- 83(91) and the vertical datum will be NAVD-88. • Field survey data will be processed by the City using AutoCAD Civil 3D and the City of Kent’s standards to develop base maps of existing data to be used for the project, and will be provided to Consultant within 30 days of Notice to Proceed. • The City will separately contract to pothole utilities to verify feasibility of the design layout and alignment and to provide measurements as needed for potential utility conflicts, as determined to be necessary by the City. Field measurements by the potholing company will be provided (survey of exposed utilities will not be performed). • Traffic control plans will be City prepared and contractor modified as needed (not included as part of Consultant’s scope). 4.M.a Packet Pg. 152 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 3 of 12 Jacobs Engineering Group Inc. Pump Station Structural Foundation and Shelters: • Structural design of the wet well is not included (assumed to be precast concrete). • Consultant will provide structural foundation plans for electrical/generator set shelter and pump station shelter. • The pump station shelter will be longer than the GRNRA South Stormwater Pump Station shelter, to cover a new manhole housing a new 6 CFS pump, immediately upstream and in-line with the new wet well. • City will contract separately for geotechnical services needed for design recommendations and permitting requirements. o City will provide draft version of geotechnical report for review by Consultant for applicable design recommendations relating to Consultant’s portion of the design. o City will provide final version of geotechnical report for Consultant’s information. Pump Station Architectural Plans, Elevations, Details, and Schedules: • Consultant will provide architectural plans and elevations for pump station exteriors. • Consultant will provide typical details for architectural features in the pump station. • Consultant will provide schedules and technical specifications for the pump station finishes. Pump Station Electrical Service, Panels and Routing: • Three-phase power is assumed to be readily available adjacent to the site, and a transformer vault will be installed near the relocated stormwater pump station facilities (City to confirm with Puget Sound Energy [PSE]). • The City will coordinate with PSE regarding design and installation of the electrical service and transformer for the pump station, including application and payment for the service. • The City shall show the vault and related installation site improvements on the site plan and related details. • The Contractor will be responsible for obtaining any necessary electrical permits required for construction. • The generator set will be housed in a standard “quiet-site” enclosure rather than a custom sound-enclosure (as manufactured by Alum-Tek, etc.). • Services of an acoustical consultant are assumed to not be required. Pump Sizing, Mechanical Equipment, Valves, and Associated Fittings: • Hydraulic modeling by the Consultant is not included in this scope of work. • The City plans to install the relocated pump station to the east of the current location, in City right-of-way on the east side Washington Avenue. This location will include additional upstream area, including a piped conveyance system and nearby overgrown drainage channel that discharge separately to the Green River, accounted for in the City’s sizing calculations. • The pump station is planned to need to overcome the estimated 500-year peak stage at the proposed outfall location in the Green River. The City will provide this estimated flood elevation and TDH computations. • The relocated Washington Avenue South Pump Station is anticipated by the City to have a total future nominal capacity of 30 CFS. • To cover the anticipated broad range of incoming flow rates, the station will be configured to include a new 6 CFS pump for low flow conditions and two new variable 4.M.a Packet Pg. 153 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 4 of 12 Jacobs Engineering Group Inc. frequency drive controlled 15 CFS pumps, operating alternately for flows up 15 CFS and in parallel for flows between 15 CFS and 30 CFS. • The existing 6 CFS pump will be removed intact and returned to Kent Public Works Operations to be salvaged for components to be used on other City Pump Stations. • A new 6 CFS pump will be mounted on a new manhole immediately upstream and in- line (not perpendicular) with the new wet well. The City will be responsible for the design of the new manhole and integration of the new 6 CFS pump. The new 6 CFS pump discharge line, designed by the City, will be routed to the existing pump station outfall, and an overflow will be provided to the new wet well. • The wet well will be configured with the two 15 CFS pumps similar to the GRNRA South Pump Station layout, with a somewhat smaller footprint. • Consultant will size equipment and prepare drawings and specifications based on City provided design flow and pump discharge head (500-year event backwater elevation at City selected discharge point). • Consultant will coordinate mechanical equipment specification with City’s Instrumentation and Controls consultant for compatibility of vendor interface options. Instrumentation and Control Systems: • City will contract separately with Systems Interface for design of the instrumentation and controls (I&C) systems. Landscaping: • City will design or contract separately with a landscape designer for design of proposed landscaping and any irrigation systems associated with the site work, including providing a water service, as needed for irrigation. Permitting, Stormwater Drainage, and Environmental Mitigation • City will lead and prepare the submittals of all City permit applications. City permitting support or review of environmental assessments from Consultant is not included in this scope of services. • City will lead and prepare all environmental permit applications. Environmental permitting support from Consultant is not included in this scope of services. • City will prepare a Stormwater Pollution Prevention Plan (SWPPP), as required. SWPPP development support from Consultant is not included in this scope of services. • City will prepare the storm drainage report associated with the proposed site, as needed for permitting. City will prepare design and calculations for water quality facilities necessary to treat runoff from the site, and detention / quantity control facilities as necessary. City-designed facilities may include low impact design and/or green stormwater infrastructure, as appropriate. • City will prepare a Temporary Erosion and Sediment Control (TESC) plan and related details for the site. • Wetland buffer mitigation plantings and/or specialized LID plantings are not included in the Consultant’s scope of services. • City will provide community involvement / public relations as needed for the project. • City will be responsible for right-of-way, easement, and property acquisition as needed for the project, including acquisition of title reports. Review Package Compilation and Control: • The City will provide design drawings and specifications relating to the TESC, site work, grading, paving, site access and conveyance systems. The City will provide a CAD lead 4.M.a Packet Pg. 154 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 5 of 12 Jacobs Engineering Group Inc. for the project and will maintain overall responsibility for the compilation of the drawings, including preparation of the title blocks, cover sheet, general notes, site map, survey information, sheet index, and drawing numbering. • The Consultant will focus on design of the pump station wet well, new 15 CFS pumps/motors, flow meter vault, electrical engineering, lighting, and structural/architectural design for the CMU shelters over the equipment. The Consultant will only provide signed engineering stamps for drawings and specifications prepared directly by the Consultant or under the Consultant’s supervision, which will include the City providing drafting relating to Consultant markups on drawings originating from the GRNRA South Stormwater Pump Station (as further defined in under the appropriate tasks herein). • City will prepare and be responsible for overall drawings and specifications, integrating certain drawings and specification sections prepared by the Consultant. Bidding Schedule, Quantity Take-offs, and Engineer’s Opinion of Cost: • City will prepare quantity take-offs, cost estimates, and the engineer’s estimate associated with the items on sheets and design elements the City will be responsible for, including all supporting development. City will provide all quantities associated with these bid items in the KSPs, including earthwork, excavation, backfill, and gravel quantities and costs. • Jacobs will prepare the components of the quantity take-offs, cost estimates, and the engineer’s estimate associated with the items on sheets and design elements that Jacobs will be responsible for (including but not limited to the pump station, wet well, electrical components, mechanical components, and above ground structures), including all supporting development. The City will be responsible for overall preparation of the quantity take-offs, cost estimates, and engineer’s estimate, and will incorporate input provided by Jacobs, including quantities for the bid items in the KSPs. • Consultant will provide support during bidding for addressing of questions and requests for variances related to Consultant prepared drawings and specifications. General Assumptions: • Consultant will not hire any subconsultants for this project. • Consultant will not be liable or responsible for the work prepared by the City. • City-Furnished Data: City will provide to Consultant all data in City's possession relating to Consultant's services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. Availability of records and data are beyond the Consultant’s control. Unanticipated delays in receipt of data or need to collect additional data for validation could impact the delivery schedule or level of effort. • This scope of services ends with bidding services. Construction phase services, including preparation of issued for construction (IFC) drawings and conformed specifications are not currently included, but may be added by future addendum or contract. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and 4.M.a Packet Pg. 155 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 6 of 12 Jacobs Engineering Group Inc. other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from engineer's opinions, analyses, projections, or estimates. If City wishes greater assurance as to any element of project cost, feasibility, or schedule, City will employ an independent cost estimator, contractor, or other appropriate advisor. • The full impact of the COVID-19 pandemic is not fully known at this time. The schedule and cost estimate for the work outlined in this proposal are based on typical project delivery estimates and assumptions without taking into consideration any schedule or cost impacts resulting from any COVID-19 federal, state, or local restrictions or guidelines. Any schedule delays or cost impacts resulting from COVID-19 restrictions will be assessed by the CONSULTANT and communicated to the City, and vice versa. The City has provided and will provide certain documents including the following: • Tabulated runtime data, in Excel spreadsheet format, for the existing pump station and information about how the station is activated, including level settings. • Record drawings of the existing pump station and adjacent conveyance systems. Utility record drawings for City-owned water, sewer, and storm facilities including outfalls to the Green River in the project vicinity. • Record drawings and GIS data of City-owned storm utilities in the project vicinity, for reference. • Record drawings for the nearby (separate) drainage channel. • Preferences for facility type, location and equipment. 3. PROPOSED SCOPE OF WORK FOR ENGINEERING DESIGN AND BIDDING SERVICES Below are the identified tasks for the project. Before the start of each task or subtask of work, Jacobs will obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work. Task 100 – Project Management The purpose of this task is to provide oversight and management of the work including contract administration, quality assurance, and periodic communication with the City for a period of up to six (6) months from notice-to-proceed (NTP). Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for this task. Project Plan. The Consultant will prepare a Project Plan describing the project background and purpose, project scope, schedule, budget, list of relevant design standards, project-specific QA/QC plan, and project communication and administrative protocols. Kickoff Meeting. The kickoff meeting will include a review of the data provided and to be provided by the City, discussion of the existing Washington Avenue South Pump Station 4.M.a Packet Pg. 156 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 7 of 12 Jacobs Engineering Group Inc. operating parameters and goals for the relocated/replaced facility. Consultant will plan to have two staff members participate in the meeting with a site visit following the meeting. Due to the ongoing COVID-19 conditions, the kickoff meeting is planned to be a virtual meeting. Any necessary site visits by Consultant, when possible, will need to follow the current State, City, and Consultant company guidelines at the time. Project Administration. The following activities are included for a project duration of up to nine months: • The Consultant will manage the project according to the Scope, Schedule, and Budget as defined herein and as contracted. • The Consultant will monitor the schedule and prepare updates monthly, as necessary. The project schedule will identify significant tasks and anticipated durations, significant milestones, City review and comment resolution periods. • The Consultant will prepare a monthly progress report to accompany each monthly invoice. Progress reports will include a narrative of work completed and budget adherence. Project Communication. The Consultant will maintain regular communication with the City’s Project Manager to discuss and review information and issues that may affect the progress of the work. Communication may include phone conversations, scheduled meetings, and electronic communication. Deliverables: The following Deliverables are included in this Task: • Project schedule identifying significant tasks and anticipated durations, significant milestones, and periods for City review and commenting and Consultant comment resolution. • Monthly progress report and invoices. • Periodic communications documentation as requested. Task 200 – 30% Pump Station Design The purpose of this task is to provide assistance with design drawings, specifications/contract documents and opinion of probable construction costs (OPCC) for disciplines including civil, mechanical, architectural, structural, and electrical for the main components of the pump station and shelters. Quality Control. The Consultant will implement quality assurance procedures so that project deliverables are subjected to in-house reviews prior to submittal to the City. These reviews will focus on checking the major elements with respect to adequacy of response to the specific study challenges, conformance to accepted design practices, compliance with the City’s standards and that the work is of professional quality meeting the customary standard of care. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work 4.M.a Packet Pg. 157 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 8 of 12 Jacobs Engineering Group Inc. for each subtask. 30 Percent Design Drawings. The purpose of this subtask is to provide 30 percent design drawings focused on the approximate size and main components of the proposed relocated pump station facilities, which are assumed to be primarily based on the GRNRA South Stormwater Pump Station design previously prepared by Consultant. Design drawings anticipated to be included in the conceptual level package include the site plan, pump and wet well plan and profile, gravity conveyance to the relocated pump station, force main to the outfall, and an electrical one-line diagram. Consultant will provide a plan and profile of the new 15 CFS pumps and wet well, elevations of shelters over equipment and electrical one-line diagram. City will provide remaining drawings. 30 Percent OPCC. An OPCC will first be provided at the 30% design review stage, and further refined at future design iterations. Consultant will provide quantity take-offs and costs associated with the Consultant designed components of the project. Meeting. The City and Consultant will participate in a 30% design review meeting to discuss the City’s review comments and work planned for next stage of design. Due to the ongoing COVID-19 conditions, the meeting is currently planned to be virtual. Deliverables: • 30% design drawings, electronic (AutoCAD and PDF) version. • Electronic copies of Consultant-prepared portions of 30% quantities and cost estimates for Consultant-developed plan sheets. Task 300 – 60% Pump Station Design The purpose of this Task is to provide 60 percent design drawings, specifications/contract documents and OPCC. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for each subtask. 60 Percent Drawings. The 60% level design drawings are anticipated to include the following (including identification of responsibility for preparation): • Overall project cover sheet (City) • Sheet index (City) • General notes, abbreviations, and legend (City) • Survey and datum information for existing site (City) • Temporary erosion and sediment controls (TESC) plan and details (City) • Manhole including new 6 CFS pump with details (City) • Wet well plan and profile (Consultant) 4.M.a Packet Pg. 158 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 9 of 12 Jacobs Engineering Group Inc. • Pumping system layout (Consultant) • Gravity and overflow storm pipes, manholes, and catch basins in plan and profile (City) • Force main plan and profile (City) • Structural cover sheet with abbreviations and legend (City prepared from Consultant markups) • Structural special inspections (City prepared from Consultant markups) • Concrete slabs and foundations (City prepared from Consultant markups) • Up to 12 additional combined architectural and structural drawing sheets for the two shelters. Residential setting utility building architectural design for the CMU pump enclosure and electrical equipment / generator enclosure will be provided; specialized architectural features will not be incorporated. Enclosures will not require fans, heaters or other HVAC equipment. Drawings with the models of the building will be prepared by Consultant, other drawings will be prepared by City based on markups by Consultant. Design will be primarily based on GRNRA South Stormwater Pump Station design. • Electrical cover sheet with abbreviations and legend (City prepared from Consultant markups) • Electrical schedules including lighting, conduit and cable (City prepared from Consultant markups) • Electrical site plan, with power and grounding (City prepared from Consultant markups) • Electrical plans and section views – pump station; motor control center, and main control panel; standby generator set; lighting (City prepared from Consultant markups) • Electrical one-line diagram (City prepared from Consultant markups) • Electrical details and Instrumentation diagrams (City prepared from Consultant markups) This scope of work assumes approximately 40 total drawings sheets will be necessary (not including drawings for the I&C or optional future landscaping/irrigation), although not all of these are necessarily expected to be provided at the 60% design stage. Disciplines involved at the 60% design stage will include civil, mechanical, architectural, structural, and electrical. Electrical design will be prepared in accordance with current NEC and Washington State energy codes. Structural design will be prepared in accordance with the current IBC. Additional details and/or drawing sheets may be added as needed between the 60%, 90% and final design stages. 60 Percent Specifications/OPCC. Technical specifications and contract documents in the City’s standard format, Kent Special Provisions (KSPs), will be provided by the City and modified by the Consultant as necessary to address project specifics. The City will lead the KSPs, focusing on the front-end (including all bid items and quantities) and technical sections for portions of the project being designed by the City. The Consultant will prepare input to the KSP technical specifications for the pumps, motors, wet well, flow meter vault and associated components. The Consultant will also prepare technical specifications for disciplines including architectural, structural, and electrical in CSI format, to be included as an appendix to the KSPs 4.M.a Packet Pg. 159 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 10 of 12 Jacobs Engineering Group Inc. (similar to the format of the GRNRA South Stormwater Pump Station project). City will hire Systems Interface separately to provide CSI specifications for I&C portions of the project. Consultant will coordinate with Systems Interface for integration of the I&C sections in the CSI package. It is assumed that the same sections provided by Systems Interface for the GRNRA South Stormwater Pump Station will be provided for this project. Consultant will provide updated quantity take-offs and costs associated with the Consultant designed components of the project. Meetings. The City and Consultant will meet for a virtual 60% design review meeting (as needed) to discuss the City’s review comments. Deliverables: • 60% design drawings, electronic (AutoCAD and PDF) version. • 60% technical specifications, electronic (Microsoft Word) version of updates to KSPs and PDFs of CSI specifications. • Electronic copies of Consultant-prepared portions of 60% quantities and cost estimates for Consultant-developed plan sheets. Task 400 – 90% Pump Station Design The purpose of this Task is to provide 90 percent design drawings and specifications/contract documents. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for each subtask. 90 Percent Drawings/Specifications/OPCC. The items identified in the 60% stage will be further progressed and refined to the 90% design level. At the 90 percent design stage, a structural calculation package will be provided for the structural design of the shelters, for building department review by the City. The calculation package will be based on the submittal for the shelters designed for the GRNRA South Stormwater Pump Station and updated as needed for this project. Meetings. The City and Consultant will meet for a virtual 90% design review meeting (as needed) to discuss the City’s review comments. Deliverables: • 90% design drawings, electronic (PDF) version. • 90% technical specifications, electronic (Microsoft Word) version for KSP input and PDF version of CSI specifications. • Electronic copies of Consultant-prepared portions of 90% quantities and cost estimates for Consultant-Developed plan sheets. 4.M.a Packet Pg. 160 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 11 of 12 Jacobs Engineering Group Inc. Task 500 – Final Pump Station Design The purpose of this Task is to provide final design drawings and specifications/contract documents. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for each subtask. Final Drawings/Specifications/OPCC. The items identified in the 30%, 60% and 90% design stage will be progressed to the final design level. It is assumed that changes to drawings after the 90% submittal will be made through Consultant submittal of PDF markups to the City for incorporation and review by Consultant. Deliverables: • Final design drawings, electronic (PDF) version (all signed and stamped). • Final technical specifications, electronic (Microsoft Word) version of input to KSPs and PDF version of CSI specifications (signed and stamped). • Electronic copies of Consultant-prepared portions of final quantities and cost estimates for Consultant-developed plan sheets. Task 600 – Bidding Services The purpose of this task is to provide consulting services during the bidding phase to address prospective bidder’s questions. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for this task. It is assumed that the City will take lead in the bidding administration. Consultant will respond to questions from prospective bidders, as directed by City, in the form of written addenda as needed. Efforts will include research and resolution of issues needing clarification or modification to the Issued for Bid documents, up to twenty-four (24) hours. Deliverables: • Written addenda in electronic format, for formal issue by City. 4. PROPOSED KEY CONSULTANT STAFF The following key staff members of the Consultant have been identified for this project: • Project Manager: Erik Brodahl • QA/QC: Paul Tissell • Lead Civil/Mechanical Engineer: David Buck • Senior Structural Engineer: Greg Trisko 4.M.a Packet Pg. 161 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) July 2020 Page 12 of 12 Jacobs Engineering Group Inc. •Senior Electrical Engineer: Mike Kutz •Lead Architect: Erin Gray 5.PROPOSED SCHEDULE Schedule to be determined by City, with review and input from Consultant for provided Consultant services. For time-based level of effort, such as overall project management and coordination, a six (6) month schedule from NTP has been assumed, including bidding services. It is assumed that the City will provide review comments within one week (7 calendar days) after each submittal by the Consultant. Approximate development times in calendar days following individual notices to proceed are provided below. •30% pump station, shelter, and electrical drawings and Consultant element cost estimate: 28 days •60% pump station/shelter/electrical drawings with specifications and Consultant element cost estimate: 38 days •90% pump station/shelter/electrical drawings with specifications and Consultant element cost estimate: 38 days •Final pump station/shelter/electrical drawings with specifications and Consultant element cost estimate: 25 days END OF SCOPE OF WORK 4.M.a Packet Pg. 162 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) Washington Avenue South Stormwater Pump Station Relocation Engineering Design and Bidding Services July 2020 Ja c o b s PM QA / Q C Ci v i l / M e c h a n i c a l En g i n e e r Ci v i l D e s i g n E I T CA D L e a d Se n i o r S t r u c t u r a l QA / Q C Le a d S t r u c t u r a l En g i n e e r Se n i o r E l e c t r i c a l QA / Q C El e c t r i c a l D e s i g n El e c t r i c a l D r a f t e r Se n i o r A r c h i t e c h QA / Q C Le a d A r c h i t e c h St r u c t u r a l / Ar c h i t e c t u r a l Dr a f t e r Sp e c i f i c a t i o n s Le a d TASK / SUBTASK TITLES Su b t o t a l b y F i r m Er i k B r o d a h l Pa u l T i s s e l l Da v i d B u c k Ke l s e y H u Ra y R e i s e r Gr e g T r i s k o Se a n T r o y a n Mi k e K u t z We n d i Q i Ve r o n i c a M a x i e Ma r k S h a r p Er i n G r a y Ho l l y Q u i n n e t t Ch e r y l P e r r i n e Task 100 - Project Management Project Management Plan, Schedule, and Setup 12 8 4 12 2,282.92$ 2,282.92$ Kickoff Meeting 8 4 4 8 1,370.58$ 1,370.58$ Project Administration and Communication 10 6 4 10 1,826.75$ 1,826.75$ Subtotal 30 18 0 0 12 0 0 0 0 0 0 0 0 0 0 30 5,480.25$ 5,480.25$ 3.23% Task 200 - 30% Pump Station Design 30% Conceptual Drawings / Calculations / Research 100 8 2 18 10 16 4 12 8 2 20 100 13,147.89$ 13,147.89$ Coordination with City 22 8 4 6 4 22 3,410.89$ 3,410.89$ 30% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 30% OPCC 20 4 8 2 4 2 20 3,171.01$ 3,171.01$ Subtotal 150 24 2 22 28 16 0 2 8 12 8 2 26 0 0 150 21,100.37$ 21,100.37$ 12.43% Task 300 - 60% Pump Station Design 60% Drawings / Calculations / Research 238 14 4 24 8 18 6 36 12 24 10 6 36 40 238 32,881.41$ 32,881.41$ 60% Specifications 98 12 4 8 8 2 8 6 12 2 8 28 98 13,944.61$ 13,944.61$ Coordination with City, Geotechnical and I&C 36 10 4 10 4 2 2 2 2 36 5,554.52$ 5,554.52$ 60% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 60% OPCC 18 4 6 2 4 2 18 2,941.89$ 2,941.89$ Subtotal 398 44 8 36 36 22 8 48 24 36 12 8 48 40 28 398 56,693.01$ 56,693.01$ 33.40% Task 400 - 90% Pump Station Design 90% Drawings / Calculations / Research 220 14 4 16 8 16 6 36 10 20 8 6 36 40 220 30,548.58$ 30,548.58$ 90% Specifications 84 8 4 6 6 2 8 4 8 2 8 28 84 11,652.85$ 11,652.85$ Coordination with City, Geotechnical and I&C 36 10 4 10 4 2 2 2 2 36 5,554.52$ 5,554.52$ Structural Calculations Package 26 2 4 20 26 4,608.92$ 4,608.92$ 90% Review Meeting 8 4 4 8 1,370.58$ 1,370.58$ 90% OPCC 12 2 4 2 2 2 12 1,856.46$ 1,856.46$ Subtotal 386 40 8 26 32 20 12 68 18 28 10 8 48 40 28 386 55,591.91$ 55,591.91$ 32.75% Task 500 - Final Pump Station Design Final Drawings 106 8 6 6 10 2 12 6 8 4 4 16 24 106 14,467.56$ 14,467.56$ Final Specifications 52 8 4 2 2 6 2 6 2 6 14 52 7,520.86$ 7,520.86$ Final Coordination with City 28 8 6 2 2 2 2 2 4 28 4,314.04$ 4,314.04$ Final OPCC 6 2 4 6 914.41$ 914.41$ Subtotal 192 26 0 10 18 12 4 20 10 14 4 6 24 26 18 192 27,216.87$ 27,216.87$ 16.03% Task 600 - Bidding Support Services Bidder's questions / prepare addenda input 24 6 2 4 2 2 2 2 2 2 24 3,668.82$ 3,668.82$ Subtotal 24 6 0 2 4 2 0 2 2 0 0 0 2 2 2 24 3,668.82$ 3,668.82$ 2.16% SUBTOTAL 1,180 158 18 96 130 72 24 140 62 90 34 24 148 108 76 1,180 169,751 169,751 TOTAL FIRM HOURS 1,180 ODCs =$140.00 $140.00 SUBTOTAL FIRM BUDGET $169,751.24 Subtotal =$169,891.24 $169,891.24 Sub Markup =$0.00 $0.00 Billing Rate 228.08$ 205.94$ 120.89$ 114.56$ 122.64$ 202.51$ 167.14$ 200.07$ 127.10$ 105.94$ 189.03$ 103.82$ 105.62$ 100.86$ TOTAL =$169,891.24 $169,891.24 OK SUBTOTAL $169,751.24 $36,037.31 $3,706.86 $11,605.75 $14,892.97 $8,830.28 $4,860.24 $23,398.99 $12,404.27 $11,438.56 $3,601.92 $4,536.80 $15,365.16 $11,407.15 $7,664.98 Firm ODCs $140.00 100% TOTAL COST $169,891.24 To t a l B u d g e t b y T a s k Jacobs Engineering Group Inc. To t a l H o u r s b y T a s k Es c a l a t e d L a b o r C o s t b y T a s k - J a c o b s Page 1 of 1 4.M.a Packet Pg. 163 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 4.M.a Packet Pg. 164 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) EXHIBIT B (Continued) 3.Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 4.M.a Packet Pg. 165 At t a c h m e n t : W a s h i n g t o n A v e S t o r m w a t e r ( 2 3 7 9 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h J a c o b s E n g i n e e r i n g G r o u p I n c . f o r ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: Transportation Master Plan Project List – Approve MOTION: Move to approve the Transportation Master Plan Refined Prioritized Project List for public outreach. SUMMARY: Sources of Projects & Expanded/unprioritized project list The interdepartmental staff team from Economic and Community Development, Parks, Public Works and Police completed a review of the “Sources of Projects” in late 2019. The result was the “Expanded/unprioritized project list” with almost 500 projects. These projects were reviewed the staff team, and projects were grouped to create 148 projects corridors based on subarea, roadways and project type. Prioritize based on transportation goals Interdepartmental Staff then applied the 20 adopted performance measures to the project corridors. The result was a prioritized list of the project corridors. The project corridors were prioritized in two ways, by all projects and by subarea. Refine prioritized project list Staff from Economic and Community Development, Parks, and Public Works then reviewed the prioritized project corridors list to identify the top project corridors for public outreach. A total of 34 corridors were identified based on 3 factors, Performance Measures, Staff Expertise, Other Factors related to funding and project planning. Lastly, a final review asked the questions “What was not considered? What is missing?” Staff and Kent leadership identified one critical issue. The project list was not a balanced, multimodal project list that serves all modes. In response, staff identified 24 critical congestion mitigation and safety projects in the City. Staff then organized the 34 top project corridors list and 24 critical congestion mitigation projects and safety projects into 33 project corridors to take to the next phase of public outreach. The Refined Periodized Project List for public outreach is included as an exhibit as are subarea maps that detail each project corridor’s location. Public outreach is planned to begin in mid-August. The infographic below was developed to visualize the process. 4.N Packet Pg. 166 BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. TMP Project List (PDF) 2. TMPProjectMaps (PDF) 4.N Packet Pg. 167 Refined Periodized Project List for Public Outreach July 30, 2020 1 of 5 Public Outreach Corridor ID Corridor Bicycle/ Pedestrian/ Crossing Improvements Congestion Mitigation/ Intersection & Capacity Improvements/ Bridge Replacement Project Description DSA-1 Russell Rd √A. Construct sidewals on Russell Rd from Meeker St to James St. √A. Construct buffered bike lanes on James St from Washington Ave N to the Interurban Trail. √B. Pedestrian improvements on James St between the Lincoln Ave N Park and Ride and Railroad Ave N (pedestrian wayfinding, lighting, and related safety improvements) √C. Sidewalks on James St from Russell Rd to Lakeside Blvd (Both sides) √D. Sidewalks on James Street from 1st Ave to Railroad Ave (Both sides) √E. New midblock crossing on E James St east of Woodford Ave N √F. New midblock crossing on E James St east of Jason Ave N √F. Pedestrian Lighting on W James Street from Lincoln Ave to the Interurban Trail √G. Crossing Improvements at James St and the Interurban Trail A. Retrofit or replace the Green River Bridge on Meeker St (Maintenance) √B. Crossing Improvements at Meeker St and the Interurban Trail √C. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from SR 516 to the Green River Bridge √D. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from the Green River Bridge to Russell Rd (North side only) √E. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from Russell Rd to 64th Ave S (North side only) √F. Intersection improvements (bicycle, pedestrian and transit facilities) at Meeker St and 64th Ave S √G. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from 64th Ave S to Washington Ave S (Both sides) and a new midblock crossing √H. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from Washington Ave S to N Lincoln Ave (Both sides), a new traffic signal at Lincoln Ave N, and rechanellization and reconstruction under SR 167 √I. Bicycle and pedestrian facilities consistent with the design standards in Meet Me on Meeker from Lincoln Ave N to the Interurban Trail and Intersection Improvements at the Interurban Trail √H. New midblock crossing between S 6th Ave and 4th Ave S √I. Convert Meeker St from Washington Ave to Lincoln Ave from 4 to 3 lanes. √J. Construct east and westbound right turn pockets and modify signal phasing at Meeker St/Washington Ave would add east and westbound right turn pockets, and modify signal phasing √K. Modify signal phasing at Meeker St/64th Ave S. A new signal may be installed at Meeker St/Lincoln Ave. √L. Construct a new signal at Meeker St/Lincoln Ave. √√A. Construct the new Naden Avenue connecting Willis St and Meeker St including a right-in/right-out intersection at Willis St. √B. Pedestrian facility and crossing improvements on Willis St from Naden Ave to SR 181. √C. Extend the left turn pockets at SR 167/Willis St. √D. Crossing improvements at Willis St and the Interurban Trail. √E. Fill Sidewalk gaps on Wllis Avenue from SR 181 to the Union Pacific Railroad. √F. Construct a shared use path on the north side of Willis from the Union Pacific Railroad to 4th Ave N. √G. Construct a shared use path on the south side of Willis from the Union Pacific Railroad to 4th Ave N. √A. Convert 4th Ave N from S 228th St to James Street from 4 lanes to 3 lanes (Road Diet) and construct a separated bike lane. Construct a Dutch "protected' intersection at 4th Ave N/James St. √ B. Convert 4th Ave N from W James Street to Willis Ave from 4 lanes to 3 lanes (Road Diet) and construct a separated bike lane. Construct a bicycle intersection treatment at 4th Ave/Meeker St to transition bicyclists to the separated bikeway. Crossing improvements at 4th Ave N and W Harrison St by installing RRFBs. DSA-5 4th Ave N DSA-4 Naden/ Willis DSA-3 W/E Meeker St DSA-2 James St 4.N.a Packet Pg. 168 At t a c h m e n t : T M P P r o j e c t L i s t ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Refined Periodized Project List for Public Outreach July 30, 2020 2 of 5 Public Outreach Corridor ID Corridor Bicycle/ Pedestrian/ Crossing Improvements Congestion Mitigation/ Intersection & Capacity Improvements/ Bridge Replacement Project Description √A. New pedestrian crossing near E Smith St and N Kennebeck Ave to provide access to the Kent Senior Center. √B. Crossing improvements at E Smith St and Railroad Ave N. √C. Pedestrian improvements on Smith Street between the Lincoln Ave N Park and Ride and Railroad Ave N (pedestrian wayfinding, lighting, and related safety improvements) √D. Improve the crossing of the Interurban Trail on W Smith St DSA-7 Central Ave √√ A. Conduct a Planning Study for Central Ave that does the following: examine traffic speeds along the corridor, evaluate sidewalk improvements including the gap on the east side of Central between Titus and Willis, evaluate pedestrian safety improvements, evaluate gateway treatments, and evaluate a southbound right turn pocket and a northbound dual left turn lanes at Willis and Central. The study should also incorporate implementing the communication connection between the Burlington Northern Santa Fe Railway (BNSF) rail corridor and the traffic signals along Central Avenue to allow area signals the ability to adjust signal timing in anticipation of, during, and after train events. √√A. Grade separation at the Union Pacific Railroad/S 212th St √√B. Grade separation at the BNSF Railroad/S 212th St √A. This project would add one-way separated bike facilities and sidewalks (Both sides) on S 208th St from 84th Ave S to west of the bridge over SR 167. √B. This project would add one-way separated bike facilities and sidewalks (Both sides) on S 208th St on the bridge over SR 167. √C. Construct a small compact roundabout at S 208th St and 92nd Ave S. √D. This project would add one-way separated bike facilities and sidewalks (Both sides) on S 208th St from east of the bridge over SR 167 to S 212th St Way. √A. Construct a one-way separated bike facilities on S 212th Street from Orillia Rd to SR 167 where gaps exist. √B. Bicycle intersection treatments at Riverview Blvd S, 72nd Ave S, and 84th Avenue S. √C. Crossing improvements at at 212th St/Interurban Trail and at 212th St/64th Ave S. √D. Construct sidewalks and bike facilities between the green River Trail and Frager Rd including over the Green River. √√A. Construct drainage and road improvements on 76th Avenue South from S 212th Street to 1,000 feet south of S 212th Street √√B. Construct drainage, road improvements and fill sidewalk gaps on 76th Avenue South from 3,400 feet south of S 212th Street to 2,700 feet south of S 212th Street √A. Fill sidewalks gaps on 83rd Ave S from S 228th St to S 224th St √B. Widen sidewalks on S 228th St from Military Rd to the BNSF Bridge √C. Widen sidewalks on S 228th St from the BNSF Bridge to the Union Pacific Bridge √D. Realign the 64th Ave S Connector Trail entrances on 64th Ave S and S 228th St to connect directly to the signalized crosswalk and crossing improvements √A. Construct a new trail segment on S 259th St between 1st Ave S and 5th Ave S to connect the Interurban Trail and the Green River Tail. √B. Fill sidewalk gaps on S 259th St from 1st Ave S to 1,200 feet east of Central Ave S. √C. Crossing Improvements at S 259th St and the Interurban Trail. √√D. Lower S 259th Street under the Union Pacific Railroad bridge to facilitate traffic flow and construct bicycle and pedestrian facilities. √√A. Grade separation at the Union Pacific Railroad/Willis St √√B. Grade separation at the BNSF Railroad/Willis St √√A. Construct interchange improvements at I-5/S 272nd St including roundabouts at the southbound and northbound on/off ramps and bicycle and pedestrian facilities. √B. Construct left turn pockets on 272nd at Star Lake Rd. MIC-6 Willis St Rail Grade Midway-1 S 272nd St MIC-5 S 259th St MIC-4 S 228th St/83rd Ave S MIC-3 76h Ave S MIC-2 S 212th St DSA-8 S 212th St Rail Grade Separation MIC-1 S 208th St DSA-6 E Smith St 4.N.a Packet Pg. 169 At t a c h m e n t : T M P P r o j e c t L i s t ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Refined Periodized Project List for Public Outreach July 30, 2020 3 of 5 Public Outreach Corridor ID Corridor Bicycle/ Pedestrian/ Crossing Improvements Congestion Mitigation/ Intersection & Capacity Improvements/ Bridge Replacement Project Description √A. Convert S 260th St/S 259th Pl from SR 99 to 30th Ave S to 3 lanes with striped bike lanes. √B. Convert S 259th Pl from 30th Ave S to Military Rd S to 3 lanes with striped bike lanes. Fill sidewalk gaps between 30th Ave s and Military Rd S. √C. Realign the intersection of S 260th St and Military Rd S/Reith Rd and widen the approaches to provide eastbound and westbound left turn pockets and a westbound right turn pocket. √√D. Convert the intersection of Reith Rd/S 253rd St and Reith Rd/Lake Fenwick Rd from two-way stop control to compact roundabouts √√A. Construct a new street, 32nd Ave S, from just west of I-5 to the new S 244th St with bike lanes and sidewalks on both sides of the street. √√B. Construct a new street, S 244th St, from SR 99 to the new 32nd Ave S with bike lanes and sidewalks on both sides of the street. At the intersection of S 244th St/SR 99, bicycle treatments will be applied to transition riders from the striped bike lanes to the separated bikeway on SR 99. √√C. Construct a new street, S 233rd St, from 30th Ave S to the new 32nd Ave S with bike lanes and sidewalks on both sides of the street. √√A. Widen Military Rd from S 272nd St to S 246th St to provide a center turn lane, a vertical protected bike lane, and sidewalks on both sides of the street. New crossing at S 268th St. √√B. Widen Military Rd from S 246th St to S 239th St to provide a center turn lane, a vertical protected bike lane, and sidewalks on both sides of the street. √C. Construct vertically protected bike lanes and sidewalks on Military Rd S from S 240th St to SR 516. Enhanced pedestrian crossings √D. Construct enhanced pedestrian crossings (RRFBs) on Military Rd at S 268th St, S 248th St, and S 254th St. √A. Construct bike lanes and sidewalk on S 200th St from 92nd Ave S to 100th Ave S. √B. Construct bike lanes and sidewalk on S 200th St from 100th Ave S to SR 515. Construct an RRFB on S 200th St at 100th Ave SE. √A. Construct vertically protected bike lanes on SE 240th St from 100th Ave SE to 116th Ave SE. √B. Construct vertically protected bike lanes on SE 240th St from 116th Ave SE to 132nd Ave SE. √C. Construct striped bike lanes from 132nd Ave SE to the East City Limits. Fill sidewalk gaps between 140th Ave SE and the city limits. √D. Remove the westbound right turn pocket, and add northbound, southbound, and eastbound flashing yellow arrows at SE 24oth St and 102nd Ave SE. √√A. Construct greenway greenway/bikeway treatments (signage) on 100th Ave SE from SE 208th St to SE 216th St and construct a sidewalk on at least one side of the street. √√B. Constrct a new non-motorized bridge over Garrison Creek between S 216th and S 218th Streets. √√C. Construct greenway greenway/bikeway treatments (signage) on 100th Ave SE from SE 218th St to SE 229th Pl and construct a sidewalk on at least one side of the street. √√D. Construct greenway greenway/bikeway treatments (signage) on 100th Ave SE from SE 229th Pl to SE 240th S and construct a sidewalk on at least one side of the street. √√A. Widen 116th Ave SE to a three-lane cross section with TWLTL and a buffered bike lane from SE 240th St to SE SE 231st Pl S. It would also fill sidewalk gaps on both sides of the street. √√B. Widen 116th Ave SE to a three-lane cross section with TWLTL and a buffered bike lane from SE 231st Pl S to SE 223rd St. It would also fill sidewalk gaps on both sides of the street and evalate a signalized intersection at 116th Ave SE and SE 224th St. √√C. Widen 116th Ave SE to a three-lane cross section with TWLTL and a buffered bike lane from SE 223rd St to SE 216th St. It would also fill sidewalk gaps on both sides of the street. √√D. Widen 116th Ave SE to a three-lane cross section with TWLTL and a buffered bike lane from SE 216th St to SE 208th St. It would also fill sidewalk gaps on both sides of the street and convert the existing signal at SE 208th St to a Roundabout. √√A. Convert 132nd Ave SE from SE 240th St to SE 228th St from 2 to 3 lanes with a striped bike lane. Fill sidewalk gaps. √√B. Convert 132nd Ave SE from SE 228th St to SE 208th St from 2 to 3 lanes with a striped bike lane. Fill sidewalk gaps. Evaluate a full signalized interesection at 132nd Ave SE/SE 224th St. √√C. Construct sidewalks on both sides of SE 204th Way from SE 208th St to City limits. √√A. Convert S 218th St from 94th Pl s to S 216th St from 2 to 3 lanes with sidewalks on both sides. √√B. Convert S 216th St from 98th Ave S to 08th Ave SE/SR 515 from 2 to 3 lanes with sidewalks on both sides. Modify the traffic signal at 108th Ave SE/SR 515 to include flashing yellow arrows for northbound and southbound left turns NEHill-6 S 218th St/ 98th Ave S/S 216th St NEHill-5 132nd Ave SE NEHill-4 116th Ave SE NEHill-3 100th Ave SE NEHill-2 SE 240th St NEHill-1 S 200th St Midway-4 Military Rd Midway-3 32nd Ave S (new)/S 244th St (new)/S 233rd St (new) Midway-2 S 260th St/S 259th Pl/Reith Rd 4.N.a Packet Pg. 170 At t a c h m e n t : T M P P r o j e c t L i s t ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Refined Periodized Project List for Public Outreach July 30, 2020 4 of 5 Public Outreach Corridor ID Corridor Bicycle/ Pedestrian/ Crossing Improvements Congestion Mitigation/ Intersection & Capacity Improvements/ Bridge Replacement Project Description √√A. Construct eastbound and westbound left turn pockets at SE 192nd St and 108th Ave SE √√B. Evaluate a traffic signal at SE 192nd St and 124th Ave SE √√A. Widen 132nd Ave SE from SE 288th St to SE 278th St to 3 lanes with pedestrian facilities and striped bike lanes. Construct enhanced crossings at 132nd Ave SE and S 282nd St and at SE 132nd St and S 278th Pl. √√B. Widen 132nd Ave SE from SE 278th St to SE 272nd St to 3 lanes with pedestrian facilities and striped bike lanes. Construct enhanced crossings at 132nd Ave SE and S 274th St. √√ C. Widen 132nd Ave SE from SE 272nd St to SE 256th St to 3 lanes with pedestrian facilities and striped bike lanes. Construct enhanced crossings at 132nd Ave SE and the Park and Ride, at 132nd Ave SE and 263rd St, and at 132nd Ave SE and SE 256th St. Intersection improvements at 132nd Ave SE and SE 256th St and at 132nd Ave SE and SE Kent-Kangley Rd. √√D. Widen 132nd Ave SE from SE 256th St to SE 248th St to 3 lanes with pedestrian facilities and striped bike lanes. Construct enhanced crossings at 132nd Ave SE and the Park and Ride, at 132nd Ave SE and 263rd St, and at 132nd Ave SE and SE 256th St. √√E. Widen 132nd Ave SE from SE 248th St to SE 240th St to 3 lanes with pedestrian facilities and striped bike lanes. Construct enhanced crossings at 132nd Ave SE and SE 245th St. √√A. Convert SE 248th St from 94th Ave S to 104th Ave SE from 2 to 3 lanes with a physically separated bikeway, where feasible, and where not feasible, with striped bike lanes. Fill sidewalk gaps. √√B. Convert SE 248th St from 104th Ave SE to 116th Ave SE from 2 to 3 lanes with a physically separated bikeway, where feasible, and where not feasible, with striped bike lanes. Fill sidewalk gaps. At 116th Ave SE/SE 248th St, convert all-way stop to roundabout. √√C. Convert SE 248th St from 116th Ave SE to 132nd Ave SE from 2 to 3 lanes with a physically separated bikeway, where feasible, and where not feasible, with striped bike lanes Fill sidewalk gaps. √D. Construct a single-lane roundabout at SE 248th St and 116th Ave SE. √E. Signal timing improvements to the intersection of 104th Ave SE and SE 248th St (ITS upgrades, additional time to north-south movements, lead pedestrian intervals, etc.). √√A. Convert SE 256th St from 132nd Ave SE to 148th Ave SE from 2 to 3 lanes with striped bike lanes. Fill sidewalk gaps. √√B. Construct intersection and implement signal timing improvements at SE 256th St and 132nd Ave SE. √A. New shared use path just north of Mill Creek from 104th Ave SE to 108th Ave SE. √B. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) on SE 269th/270th St from 108th Ave SE to 115th Pl SE. √C. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) on SE 270th St from 116th Ave SE to 116th Ave SE. Crossing improvements at SE 270th St and SE 116th Ave SE. Fill sidewalk gaps on SE 270th St from 116th Ave SE to 124th Ave SE √D. Fill Sidewak gaps on SE 272nd St from 120th Ave SE to 124th Ave SE, on 120th Ave SE from SE 277th Pl to SE 272nd St, on SE 277th Pl from 118th Ave SE to 120th Ave SE, and on 118th Ave SE from south City Limits to SE 277th Pl. √E. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) on SE 274th St from 124th Ave SE to Springwood Park and on SE 276th Pl/130th Ave SE from Springwood Park to 132nd Ave SE √F. Fill sidewalk gaps on SE 282nd St from 124th Ave SE to SE 282nd Way √G. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) and fill sidewalk improvements on SE 282nd St from 132nd Ave SE to 140th Ave SE. Fill sidewalk gaps on SE 282nd St from 132nd Ave SE to 137th Ave SE. √H. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) and fill sidewalk improvements on SE 278th St from 144th Ave SE to 152nd Ave SE √I. Neighborhood greenway improvements (pedestrian wayfinding, traffic calming, curb bulbouts, bicycle facilities, etc.) and fill sidewalk improvements on SE 259th Pl/119th Dr SE from 116th Ave SE to SE 263rd Ave and on SE 263rd Ave from Kent Kangley Rd to 124th Ave SE SEHill-3 SE 256th St SEHill-4 Southeast Hill Greenways (SE 269th, SE 270th St, SE 274th St, SE 276th Pl/130th Ave SE, SE 282nd St, SE 278th St, SE 259th Pl/119th Dr SE, SE 263rd Ave, 120th Ave SE/SE 277th Pl) SEHill-2 SE 248th St SEHill-1 132nd Ave SE NEHill-7 SE 192nd St 4.N.a Packet Pg. 171 At t a c h m e n t : T M P P r o j e c t L i s t ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Refined Periodized Project List for Public Outreach July 30, 2020 5 of 5 Public Outreach Corridor ID Corridor Bicycle/ Pedestrian/ Crossing Improvements Congestion Mitigation/ Intersection & Capacity Improvements/ Bridge Replacement Project Description √√A. Extend 108th Ave SE from SE Kent-Kangley Rd to SE 256th St with sidewalks. Intersection improvements at SE Kent-Kangley Rd ad 108th Ave SE (adding eastbound and westbound dual left turn lanes, adding an eastbound right turn pocket, and changing northbound right turn phasing) √B. Construct striped bike lanes on 108th Ave SE from SE 274th to city limit. Construct an enhanced crosswalk (such as an RRFB) near 108th Ave SE / SE 274th St near Meadow Ridge Elementary. √A. Construct intersection and implement signal timing improvements at SE 256th St and 104th Ave SE and at SE 256th St and SE Kent-Kangley Rd. √B. Construct bicycle facilities and fill sidewalk gaps on E Canyon Dr/SE 256th St from 97th Pl S to SE Kent Kangley Rd. SEHill-7 SE Kent-Kangley Rd √√A. Intersection improvements at 124th Ave SE/SE Kent Kangley Rd SEHill-8 116th Ave SE √A. Construct a physically separated bikeway and fill sidewalk gaps on 116th Ave SE from SE 270th St to SE 240th St. SEHill-6 W Canyon Dr/ SE 256th St SEHill-5 108th Ave SE 4.N.a Packet Pg. 172 At t a c h m e n t : T M P P r o j e c t L i s t ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) 99 169518 18 515 516 181 167 P r i v a t e R d S 21st St 53rd Ave S 37th St NE SE 304th St 35th Ave S SE 281st St W Titus St SE 272nd St Maple St 30th St NW SE 164th St 20th Ave S 65th Ave S S 259th St 3 7 t h P l S Minkler Blvd S 248th St 64th Ave S 37th Ave S B St NW S 164th St 94th Ave S S Star L a k e R d S 222nd St SW 41st St SW 34th St W o o d l a n d W a y S S 304th St SE 224th St 128th Ave SE S 296th St 42nd Ave S SE 288th St W James St 55th AveS S 176th St S 170th St FragerRdS S 298th St S 160th St 24th A v e S 76th Ave S 34th Ave S 104th Ave SE 37th St NW 144th Ave SE SE 168th St 10 8th Ave SE 112th Ave SE EastValleyRd SE 248th St Talbot Rd S 148th Ave SE G r e e n River Rd 98th Ave S SE 244th St Host Rd 83rd Ave S 28th Ave S S 259th Pl S E 2 7 4th S t SE 216th St P u g e t D r S E SW 27th St S 180th St S 240th St EValley H w y S 178thSt E James St S 228th St Andover Park W 51st Ave S CentralAveN S 216th St SE 192nd St B e n s o n R d S ReithRd Air CargoRd Andover Park E Central Ave S West ValleyHwyN A u b u r n W a y N Lind Ave SW S 288th St Southcente r P kwy 84th Ave S SE 240th St 124th Ave SE SE 256th St 116th Ave SE M i l i t a r y R d S 405 5 S C a r r R d S 208th St R ussell R d SE 176th St S272n d W a y W Smith St Southcenter Blvd S E C a r r Rd S E 2 0 4 t h W a y 152nd Ave SE 140th Way SE S 196thSt SW 43rd St S 200th St W M e e k e r S t Orillia R d S 68th Ave S S 277th St Oakesdale Ave SW S 272nd St SE 208th St S 188th St SEPetrovitskyRd 140th Ave SE S 212th St 132nd Ave SE N TRANSPORTATION MASTER PLAN CI TY OF KENT Project Subareas 0 21 Miles DSA MIC MIC-South Midway NEHill SEHill 4.N.b Packet Pg. 173 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) E TitusSt Lakeside BlvdW S 236 St53 P l S L a k e F e n w i c k R d S 88 Av SS232Pl Re i t e n R d S Lakesid e B lvd E Jason Av N E MapleSt 3 A v S E Guiberson St S 254 St W Gowe St E Gowe St R u s s e l l R d S 64 A v S 1 A v S 6 A v S W Smith St K e n n e b e c k A v S W James St 84 A v S E WillisSt W Willis St E SmithSt Central Av S CentralAvN E C a n y on Dr Washington Av S Washington Av N 68 Av S W Meeker St W James St 64 Av S ReithRd W Smith S t S 228 St Lincoln A v N E James St RussellRdS 4 Av N 4 Av S V eteransDr S 2 5 9 St 76 A v S 80 A v S 54 Av S S 231 St 6 6 A v SS234St 7 4 A v S S Kent-DesMoinesRd DSA-8 DSA-6 DSA-3 D S A - 1 DS A - 5 DSA-4 DS A - 7 DSA-2 N TRANSPORTATION MASTER PLAN CITY OF KENT Project CorridorsDowntown DSA-1 DSA-2 DSA-3 DSA-4 DSA-5 DSA-6 DSA-7 DSA-8 4.N.b Packet Pg. 174 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) LakesideBlvdW 4 0 P lS 3 7 P l S 5 3 Pl S 96 Av S S 248 S t 88 Av S 93 Av S S 2 3 2 Pl R eiten R d S S 218 St S 200 St Lak e s ide B lv d E 92 Av S E TitusSt S 222 St River v i e wBlvdS Jason Av N 94 Av S S 208 St S 232 St 88Wy S 35AvS 42 AvS 84 Av S E Canyo n D r Military R d S 68 Av S S212W y E Smith St Ce n t r a l A v S CentralAvN S 212 St Wa s h i n g t o n Av N S 188 St East V a l l e y H w y S O r i l l i a R d S W Meeker St W James St ReithRd W Smith St S 2 2 8 S t R ussellRd S 64 Av S E James St S 55St 4 Av N 80 Av S 4 Av S S 240 St 36 Av S Veterans Dr S 196 St 83 AvS I-5 F w y S 216 St S 220 St 81 Av S 8 0 P l S S 231 St 74AvS 54 Av S 6 6 A v S 72 Av S S 226 St 7 0 Av S 76 Av S S 1 9 9 Pl S 190 St 62 Av S S 207 Ct59 P l S S K e nt-D es Moines Rd MIC-1 MIC-2 MIC-4 MI C - 3 MIC-6 N Project CorridorsMIC MIC-1 MIC-2 MIC-3 MIC-4 MIC-6 TRANSPORTATION MASTER PLAN CITY OF KENT 4.N.b Packet Pg. 175 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Central A v S S 259 St S 2 6 1 S t S 262 St S 266 St 79 Av S 78AvS 80 Av S MIC-5 N Project CorridorsMIC South MIC-5 TRANSPORTATION MASTER PLAN CI TY OF KENT 4.N.b Packet Pg. 176 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) Midway-2 Midway-1 Mi d w a y - 4 Mi d w a y - 3 N Project CorridorsMidway Midway-1 Midway-2 Midway-2 Midway-3 Midway-4 TRANSPORTATION MASTER PLAN CITY OF KENT 4.N.b Packet Pg. 177 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) 148 Av SE 100 Av SE S 200 St SE 200 St 88 Av S 96 Av S 124 Av SE S 228 St 98 AvS 93 Av S 92 Av S SE 196 St S 222 St S 216 St S 218 St 94 Av S S 208St S 232 St 88Wy S 12 1 P l S E SE 204 St SE 212 St SE 232 St 11 2 A v S E 1 2 0 P l S E 1 0 8 A v S E SE 236 Pl SE 234 St 10 8 A v S E 9 6 A v S 11 3 A v S E 12 7 P l S E 11 0 A v S E SE 237 Pl S 202 St SE 224 St 11 4 W y S E SE 234 St S 203 St 12 0 A v S E 10 0 A v S E 14 0 A v S E SE 223 St SE 244 St SE 235 St SE 219 Pl 12 3 A v S E SE 233 StSE 233 St 96 W y S SE 223 Dr SE 221 St SE 214 Pl SE 216 St 12 4 A v S E 1 1 4 W y S E SE 221 Pl SE 216 St SE 228 St 10 0 A v S E 96 A v S 11 0 A v S E SE 218 Pl SE 214 Wy SE 224 St SE 224 St 10 0 A v S E SE 235 St 12 7 A v S E 12 9 A v S E SE 192 St SE 222 Pl 1 4 4 A v S E SE 231 St 1 2 7 P l S E SE 236 St 10 0 Av S E 1 4 5 P l S E SE 216 St SE 216 St 140 Av SE 104 Av SE S212Wy S 212 S t Be ns o n Rd S E ECanyon Dr 108 Av SE EastValley HwyS 132 Av SE SE 240 St SE 192 St SE 208 St 116 Av SE E James St S 240 St S E L a k e Y o u n gsWy S 55St NEHill-2 NEHill-1 NE H i l l - 4 NEHill-6 NE H i l l - 3 NE H i l l - 5 NEHill-7 N Project CorridorsNorth East Hill NEHill-1 NEHill-2 NEHill-3 NEHill-4 NEHill-5 NEHill-6 NEHill-7 TRANSPORTATION MASTER PLAN CITY OF KENT 4.N.b Packet Pg. 178 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) 100 Av SE S259St 144 Av SE 109 Av SE 94 Av S S 248 St 124 Av SE 120 Av SE 118 Av SE SE 248 St Re i t e n R d S SE 272 St 94 PlS SE 260 St S E 282Wy 152Wy S E 10 8 A v S E W oodlan d W y S S 267 St 156 Av SE 140 Av SE SE 263 St S E 282 S t 9 7 P l S Gree n R i v e rRd S SE 277 Pl SE 267 St SE 284 St 148 Av SE E Maple St SE Kent Kangley Rd 104 Av SE A u b u r n W y N E C a n yon D r E James St 132 Av SE SE 240 St SE 256 St S 277 St 116 Av SE S 240 St 152 Av SE S E 2 7 4 W y S E 2 7 7 S t S E 244 St SE H i l l -5 SE H i l l - 4 S E H i l l - 6 SEHill-3 SE H i l l - 1 SE H i l l - 8 SEHill-2 SEHill-7 N Project CorridorsSouth East Hill SEHill-1 SEHill-2 SEHill-3 SEHill-4 SEHill-5 SEHill-6 SEHill-8 SEHill-7 TRANSPORTATION MASTER PLAN CITY OF KENT 4.N.b Packet Pg. 179 At t a c h m e n t : T M P P r o j e c t M a p s ( 2 3 8 0 : T r a n s p o r t a t i o n M a s t e r P l a n P r o j e c t L i s t – A p p r o v e ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: 2018 Regional Mobility Grant King County Metro Transit Department Agreement - Authorize MOTION: Authorize the Mayor to sign a funding agreement with the King County Metro Transit Department to design and construct RapidRide I bus stops and access to transit improvements with Regional Mobility Grant program funding, for the amount of $8,000,000 for the RapidRide I project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: In Spring 2018, the City of Kent in coordination with King County Metro submitted a grant application to the Washington State Department of Transportation (WSDOT) Regional Mobility Grant Program. The proposed project included constructing RapidRide stations (bus stops) along the RapidRide I Line route within the Kent city limits. The goal is to include the following amenities at the new RapidRide I Line stations where technically feasible: · RapidRide shelter, sitting area (including trash receptacle), ADA landing pads, shelter/area lighting · Off-board fare payment system · Real-time information signs and bike parking/racks (will be provided where warranted and feasible) In addition, the grant proposal included pedestrian improvements including sidewalks and new enhanced pedestrian and bicycle crossings within 1/2 mile of any given stop/station. The City was awarded $8 million, and King County is providing a match of $2.68 million. Two agreements need to be authorized prior to accessing the grant funds. The first agreement is between WSDOT and the City of Kent and the second agreement is between the City of Kent and the King Count Metro Transit Department. The King County Metro Transit Department is responsible for designing and constructing all improvements. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 4.O Packet Pg. 180 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. RAPIDRIDE I LINE FUNDING AGREEMENT between the City of Kent and King County Metro Transit Department (PDF) 4.O Packet Pg. 181 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 1 of 22 RAPIDRIDE I LINE FUNDING AGREEMENT City of Kent and King County Metro Transit Department THIS RAPIDRIDE I LINE FUNDING AGREEMENT (the “Agreement”) is made and entered into by and between the City of Kent, a Washington municipal corporation (the “City”) and King County, a political subdivision of the State of Washington, through its Metro Transit Department (“Metro” or the “County”), either of which entity may be referred to hereinafter individually as “Party” or collectively as the “Parties.” WHEREAS, in November 2016, the King County Council (“County Council”) adopted the 2017-2018 Biennial Budget via Ordinance 18409, subject to the provisions set forth in the ordinance; and WHEREAS, Ordinance 18409, Section 132, contained two budget provisos, Proviso P4 and Proviso P5, requiring the King County Executive to transmit reports to the Council describing the process for implementing new RapidRide lines funded by the Metro Connects RapidRide Expansion project (capital project 1129747) and the Move Seattle RapidRide Expansion project (capital project 1129632); and WHEREAS, the required reports described the process for implementing new RapidRide lines, identified the appropriation ordinances, ordinances establishing RapidRide lines, service change ordinances and ordinances approving interlocal agreements anticipated to be required for the proposed new RapidRide lines, and, to the extent possible, identified estimated timelines for consideration and enactment of the identified ordinances; and WHEREAS, on September 9, 2017, the County Council passed Motion 14955 approving the Proviso P4 report addressing implementation of new RapidRide lines for the Move Seattle RapidRide Expansion project and Motion 14956 approving the Proviso P5 report addressing implementation of new RapidRide lines for the Metro Connects RapidRide Expansion project; and WHEREAS, consistent with the vision established in the Metro Connects long-range transit system development plan, adopted by the County Council in January 2017 via Ordinance 18449, both reports identify RapidRide system expansion as a key element of Metro’s plan for an extensive network of frequent service throughout King County; and WHEREAS, in accordance with Motion 14955 and Motion 14956, the County has identified a corridor running from the City of Auburn to downtown Renton to be one of the new RapidRide routes and has designated the proposed route as the new I Line; and WHEREAS, the segment of the RapidRide I Line within the City is the subject of this Agreement and will not affect the other segments of the I Line in the cities of Auburn and Renton; and 4.O.a Packet Pg. 182 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 2 of 22 WHEREAS, building on the success of the existing RapidRide lines, the RapidRide I Line will be one of the first of up to twenty (20) proposed new RapidRide lines to be developed; and WHEREAS, the key elements of existing RapidRide service include new, branded, low-floor, hybrid buses; stop and station improvements; Intelligent Transportation System (ITS) infrastructure improvements; wireless transit signal priority (TSP) improvements; business access and transit (BAT) lanes; and pedestrian improvements; and WHEREAS, the new generation of RapidRide lines, including the I Line, will continue to feature state- of-the-art innovations and roadway improvements to keep buses running on time, including well-spaced stops; roadway improvements; on-board WIFI; large, well-lit shelters; real-time bus arrival signs; efficient off-board ORCA card readers; all-door passenger boarding capabilities; and a variety of ITS systems to improve the speed, frequency and reliability of transit service; and WHEREAS, the City has received a Washington State Department of Transportation (“WSDOT”) Regional Mobility Program Grant in the amount of $8,000,000 (the “WSDOT Grant”), as reflected in Construction Grant Agreement No. PTD0171 to be executed between WSDOT and the City (the “WSDOT Grant Agreement”); and WHEREAS, the WSDOT Grant has a project scope covering the design, construction, acquisition, and/or improvements of capital facilities and infrastructure that will facilitate the implementation of the RapidRide I Line within Kent city limits (the “Project”); and WHEREAS, the Parties have determined that the County will design and construct all Project improvements necessary for the implementation of the RapidRide I Line in Kent; and WHEREAS, the Parties have agreed that sub-granting the WSDOT Grant from the City to the County through this Agreement will further the objective of the County designing and constructing the Project; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by both Parties, the Parties agree as follows: 1. PURPOSE OF AGREEMENT 1.1 The purpose of this Agreement is to establish the roles and responsibilities of the Parties regarding financing, designing and constructing the Project. The County will be responsible for the design and construction of all RapidRide I Line improvements outside Kent city limits in coordination with the Cities of Auburn and Renton under separate agreements. 1.2 The County will be responsible for designing and constructing Project improvements as described more fully in Section 2 of this Agreement. 4.O.a Packet Pg. 183 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 3 of 22 1.3 The City will provide review of the Project plans developed by the County and sub-grant funds to the County out of the WSDOT Grant. 1.4 The Parties understand, acknowledge and agree that the final RapidRide I Line route alignment has been set by legislative approval by ordinance by the County Council. 2. COUNTY RESPONSIBILITIES FOR THE PROJECT 2.1 The County will be responsible for administering all work activities required to design, permit, construct, and inspect the Project from a ten percent (10%) concept level through one hundred percent (100%) design, and from initiation of construction to completion and closeout. 2.2 The County will submit to the City thirty percent (30%), sixty percent (60%) and ninety percent (90%) design plans for the City's review before initiating Project construction. The County will utilize the City’s Pre-application meeting process to submit and receive comments for the 30% design plans. The City will utilize the City’s standard Civil Construction permit review process beginning with the 60% plans. The County will submit the plans via the process outlined on the https://www.kentwa.gov/doing-business/permit-center website. The City will have the opportunity to review and provide written comments on the plans. The City agrees to provide comments in a timely manner. If the County does not agree with City comments, and staff are unable to resolve the issues, the Parties agree they will utilize the dispute resolution process set forth in Section 7 of this Agreement. 2.3 The County will execute and manage the contract(s) for construction of the Project and will be responsible for inspection of the work performed by its contractor(s). The County will be responsible for the administration of all contracts it enters into for the performance of its responsibilities under this Agreement. 2.4 A list of the improvements, by type, to be constructed for the Project, where technically feasible, is set forth in Exhibit A (Project Scope of Work) to this Agreement, which is attached hereto and incorporated into the Agreement by this reference. 2.5 The County will ensure that its contractors and all subcontractors employed on the Project will comply with all prevailing wage laws applicable to the Project. The County will further ensure that any of its contractors performing work on the Project promptly pay subcontractors in accordance with all applicable laws. 2.6 The County will invoice the City for eligible Project costs in accordance with Section 5 (Project Budget and Payment) of this Agreement. 2.7 The County will provide the City with a Project progress report on a quarterly basis sufficient for the City to comply with WSDOT Grant reporting requirements. 4.O.a Packet Pg. 184 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 4 of 22 2.8 The County will administer the Project in accordance with all laws, rules and regulations applicable to the WSDOT Grant. 2.9 The County will retain all records and materials pertaining to this Agreement, including financial records, in accordance with Section 15 (Records Retention and Audit) of this Agreement. 2.10 The County will pay all City permit fees. 3. CITY RESPONSIBILITIES FOR THE PROJECT 3.1 The City will provide timely review and written comments to the County’s Project design plans at all levels of design. If the County does not agree with City comments, and staff are unable to resolve the issues, the Parties agree they will utilize the dispute resolution process set forth in Section 7 of this Agreement. 3.2. The City will use its best efforts to issue permits for Project Improvements in a timely manner to help keep the Project on schedule. 3.3 The City will pay the County within thirty (30) calendar days of receiving a payment from WSDOT for eligible Project expenses in accordance with Section 5 of this Agreement. 3.4 The City will administer the WSDOT Grant and be responsible for all reporting and billing to WSDOT. 3.5 The City will retain all records and materials pertaining to this Agreement, including financial records, in accordance with Section 15 (Records Retention and Audit) of this Agreement. 3.6 The City will inspect all Project elements that the City will have maintenance responsibility and ownership. 3.7 The City will perform a final punch list walk thru after substantial completion. 4. PROJECT FUND SOURCES AND GRANT MANAGEMENT The City is the Direct Recipient of the WSDOT Grant for the Project. As the Direct Recipient, the City will sub-grant the WSDOT Grant funds to the County, and both Parties will be responsible for compliance with the laws, rules and regulations governing the WSDOT Grant as applicable. The County will provide the City with information to submit in its quarterly progress reports and annual performance reports in accordance with WSDOT Grant requirements. The City is responsible for submitting to WSDOT the quarterly progress reports and monthly billings for the WSDOT Grant. The Parties agree that the WSDOT Grant will be fully utilized to fund costs associated with RapidRide I Line elements and transit-supportive improvements for the Project as identified in Exhibit A (Project Scope of Work) to this Agreement. Should WSDOT or the Washington State Legislature withdraw a portion of the WSDOT Grant from the Project, the Parties agree to identify scope reductions commensurate with the 4.O.a Packet Pg. 185 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 5 of 22 amount of funds withdrawn. Any disputes regarding scope reductions will be resolved utilizing the dispute resolution process set forth in Section 7. 5. PROJECT BUDGET AND PAYMENT 5.1 The City will reimburse the County for the actual cost of work performed pursuant to this Agreement as identified in the Project Scope of Work set forth in Exhibit A to this Agreement and only for the cost of work incurred within the Term of Project identified by the WSDOT Grant (July 1, 2019 through June 30, 2023) identified in the WSDOT Grant Agreement; provided, that if WSDOT Grant funds become unavailable the County may terminate the Agreement in accordance with Subsection 9.2 of the Agreement.) The County shall submit monthly invoice(s) to the City detailing expenses, current activities, and deliverables completed. The invoices shall be submitted to the City within thirty (30) days of each month’s end. The County will provide financial information for the last invoice for work performed and billed to the WSDOT Grant by July 5, 2023 to enable the City to accrue the billing with WSDOT. The City shall review the invoices and submit to WSDOT within thirty (30) calendar days of receiving from the County. The City will prepare and submit the final billing on the WSDOT Grant within thirty (30) calendar days after the end of the quarter ending June 30, 2021. The City shall pay the County within thirty (30) calendar days of the City receiving funds from WSDOT. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within thirty (30) calendar days after expiration of the Agreement. In no event shall the total reimbursement to the County for work performed pursuant to this Agreement exceed $8,000,000 (the “Reimbursement Cap”). 5.2 In the event that it is determined that the City has overpaid the County for any reason, the City will bill the County for the amount of overpayment. Subject to the provisions of Section 7 of the Agreement, the County shall pay the City within thirty (30) days of receipt of an invoice for overpayment. 5.3 The County will be responsible for compliance with all applicable laws, rules, regulations and grant requirements associated with the expenditure of WSDOT Grant funds. Should WSDOT require the City to repay any WSDOT Grant funds as a result of the County’s violation of any applicable laws, rules, regulations or grant requirements governing the expenditure of the WSDOT Grant funds, the City will be responsible for repayment to WSDOT and the County will reimburse the City the amount of the repayment attributable to the County’s violation of the applicable laws, rules, regulations or grant requirements within thirty (30) calendar days after the City has requested reimbursement. 5.4 The County must notify the City within thirty (30) calendar days of the County becoming aware that the Project costs which it expects to incur will exceed or be less than the amount identified as “Total Project Cost” identified in Exhibit B (WSDOT Construction Grant Agreement (Construction Grant Agreement No. PTD0171)) in the WSDOT Grant Agreement, which is attached as Exhibit B and incorporated into this Agreement by this reference. 4.O.a Packet Pg. 186 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 6 of 22 6. SUBCONTRACTS This Agreement is subject to the requirements of the WSDOT Grant. The City, as the Direct Recipient, has agreed to include Sections 4; 12–26; 30; and 33–34 of the WSDOT Grant Agreement in each sub- grant and in all Project-related contracts it enters into for the employment of any individuals, procurement of any incidental goods or supplies, or the performance of any Project work to be accomplished with WSDOT Grant funds. The City further agreed that Sections 4; 12–26; 30; and 33–34 of the WSDOT Grant Agreement shall not be modified in any such subcontract, except to identify the subgrantee or other person or entity that will be subject to its provisions. As a subgrantee of the City, the County agrees to comply with Sections 4; 12–26; 30; and 33–34 of the WSDOT Grant Agreement, which are set forth as Exhibit C to the Agreement, which is attached hereto and incorporated herein by this reference, and to include the terms of Sections 4; 12–26; 30; and 33–34 of the WSDOT Grant Agreement in any contract it enters into pursuant to this Agreement for any work to be accomplished with WSDOT Grant funds, and to ensure that all subcontractors comply with the requirements of Sections 4; 12–26; 30; and 33–34 of the WSDOT Grant Agreement when performing work pursuant to this Agreement with WSDOT Grant funds. 7. DISPUTE RESOLUTION PROCESS 7.1 Designated Dispute Resolution Representatives. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this Agreement: For the County: Liz Krenzel, Metro Capital Project Delivery Section Manager 201 South Jackson Street, KSC-TR-0412 Seattle, WA 98104 (206) 477-5965 Liz.Krenzel@kingcounty.gov For the City of Kent: Chad Bieren, Deputy Director/City Engineer 400 West Gowe Street Kent, WA 98032 (253) 856-5534 cbieren@KentWA.gov 7.2 The County representative and the City representative shall confer to resolve disputes that arise under this Agreement as requested by either Party. The designated representatives shall use their best efforts and exercise good faith to resolve such disputes. 7.3 In the event the Designated Representatives are unable to resolve the dispute, the Director of the City’s Public Works Department and the County Metro Transit Department Capital Division Director shall confer and exercise good faith to resolve the dispute. 4.O.a Packet Pg. 187 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 7 of 22 7.4 In the event the Director of Public Works and the County Metro Transit Department Capital Division Director are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s). 7.5 If the Parties cannot reach an agreement through mediation, then either Party may institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless another venue is mutually agreed to in writing. 7.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 8. OWNERSHIP AND MAINTENANCE OF COMPLETED IMPROVEMENTS 8.1 The City and the County will own their respective assets created by the Project. Responsibility for operation and maintenance of those assets will be provided for in a separate Operations and Maintenance Agreement for the Project that will be negotiated in good faith between the Parties. 8.2 The Parties agree that City ownership of any assets that are built by the construction contract administered by the County as part of the Project will transfer to City ownership upon final inspection and acceptance by the City. 8.3 The City agrees that it will operate and maintain the assets it owns that were constructed as part of the Project for the useful life of each asset. Should the City wish to alter, remove, rebuild or otherwise change any of these assets before the end of their useful life, the City must first consult with the County to detail the change and work with the County to ensure the change will not impact operation of the RapidRide I Line. If the City initiates the change, the City will be responsible for repayment of any WSDOT Grant funds required by WSDOT. 8.4 The County agrees that it will operate and maintain the assets it owns that were constructed as part of the Project for the useful life of each asset. Should the County wish to alter, remove, rebuild or otherwise change any of these assets before the end of their useful life, the County must first consult with the City to detail the change and work with the City on permitting for the change. Subject to Subsection 8.5 of this Agreement, should the change initiated by the County affect an asset prior to the end of its useful life, the County will be responsible for reimbursing the City for any repayment of WSDOT Grant funds required from the City by WSDOT. 8.5 Should the Parties agree that removal, alteration, reconstruction or other change to one or more of the constructed assets would benefit RapidRide I Line operations, the Parties will negotiate in good faith the costs to be paid by each Party and the amount of WSDOT Grant funds that each Party will repay to WSDOT if any such repayment is required by WSDOT. 4.O.a Packet Pg. 188 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 8 of 22 9. TERMINATION 9.1 Termination for Cause. If either Party does not materially fulfill in a timely and proper manner its obligations under this Agreement, or if either Party materially violates any of these terms and conditions, the aggrieved Party may give the other Party written notice of such material failure or violation. Upon such notice, the responsible Party will be given the opportunity to initiate a correction of the violation or failure within thirty (30) calendar days, or such longer period as determined by the aggrieved Party in consultation with the other Party. If a material failure or violation is not corrected within thirty (30) calendar days or other agreed upon time period, this Agreement may be terminated immediately by written notice of the aggrieved Party to the other. 9.2 Termination for Non-Appropriation or Loss of Grant Funding 9.2.1 In addition to termination for cause as provided for in Subsection 9.1, either Party may terminate this Agreement for non-appropriation or loss of the WSDOT Grant funding upon thirty (30) calendar days' written notice to the other Party. 9.2.2 The County may terminate this Agreement for dis-appropriation of Project funding by the County Council upon thirty (30) calendar days’ written notice to the City. In the event of termination by the County under this Subsection 9.2.2, the County will repay the City for any cost accrued that are not reimbursed by WSDOT. 10. LEGAL RELATIONS 10.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 10.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is formed as a result of this Agreement. 10.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 10.4 Independent Capacity. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 10.5 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 10.6 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 4.O.a Packet Pg. 189 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 9 of 22 10.7 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 10.8 Survival. Each of the provisions of this Section 10 (Legal Relations) shall survive the expiration or any earlier termination of this Agreement. 11. FORCE MAJEURE Either Party to this Agreement shall be excused from performance of its responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 12. INDEMNIFICATION Both Parties shall protect, defend, indemnify and save harmless each other, their respective officials, employees, and agents while acting within the scope of their employment as such, from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, judgments, costs and expenses (including reasonable attorney fees) , arising out of or in any way resulting from either Party’s negligent acts or omissions related to their obligations under this Agreement or the exercise of a Party’s rights and privileges under this Agreement. The Parties agree that they are fully responsible for the acts and omissions of their own contractors, subcontractors, employees, and agents, acting within the scope of their employment as such, as they are for the acts and omissions of its own employees and agents. In the event any such liability arises from the concurrent negligence of the indemnifying party and the other party the indemnity obligation of this section shall apply only to the extent of the negligence of the indemnifying party and its actors. The Parties agree that their obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of their employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity under Washington’s Industrial Insurance Act, RCW Title 51, as respects the Parties only, and only to the extent necessary to provide the Parties, their officers, employees, and agents with a full and complete indemnity of claims made by the Parties employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or any earlier termination of this Agreement. 13. INSURANCE 4.O.a Packet Pg. 190 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 10 of 22 13.1 King County maintains a fully funded Self-Insurance program for the protection and handling of its liabilities including injuries to persons and damage to property. King County does not purchase Commercial Liability insurance and is a self-insured governmental entity; therefore, King County does not have the ability to name an entity as an additional insured. 13.2 The County will require all of its contractors and subcontractors to purchase and maintain reasonably appropriate insurance coverage for the protection of the County and the City. The County will require its contractors and subcontractors to include the County and the City as additional insured on all liability policies (excluding Professional Liability, Errors and Omissions). 14. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. 15. RECORDS RETENTION AND AUDIT During the progress of the work and for a period of not less than six (6) years from the date of final payment by the County, the City will keep available for inspection and audit by the County and the federal government the records pertaining to the Agreement and accounting. Project closeout does not alter these record-keeping requirements. Copies of all records, documents or other data pertaining to performance of the Agreement will be furnished upon request. If any litigation, claim or audit is commenced related to performance of the Agreement, the records along with supporting documentation will be retained until all litigation, claims and/or audit findings have been resolved even though such litigation, claim or audit continues past the six-year retention period. All Agreement costs must be documented including copies of invoices and time sheets showing hours worked and rates, or financial system expense reports documenting these items. The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the Inspector General and any of their duly authorized representatives will have full access to and right to examine, during normal business hours, all City records with respect to all matters covered by this Agreement. Such representatives will be permitted to audit, examine and make excerpts or transcripts from such records, and other matters covered by this Agreement. During the term of the Project and for six (6) years thereafter, the County will retain intact and provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may reasonably request. Project closeout does not alter these record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the County’s obligations hereunder shall be extended until the conclusion of the pending audit, enforcement, or litigation. 4.O.a Packet Pg. 191 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 11 of 22 16. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 17. AMENDMENTS This Agreement may be changed, modified, or amended only by written agreement executed by authorized representatives of both Parties. 18. REPRESENTATION ON AUTHORITY OF SIGNATORIES The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 19. ALL TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 20. CONTRACT MANAGEMENT 20.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing or email. The contact information identified in Subsection 20.2 may be updated by either Party for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update to the Contract Managers identified in Subsection 20.2 shall state the effective date of said update. 20.2 Contact Person and Contact Information. The contact persons for the management and administration of this Agreement are as follows: Contract Manager City of Kent King County Contact Name Rob Brown Greg McKnight Title Transportation Engineering Manager City of Kent Program/Project Manager III King County Address 400 West Gowe Street 201 S. Jackson St. 4.O.a Packet Pg. 192 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 12 of 22 Kent, WA 98032 M/S KSC-TR-0426 Seattle, WA 98104 Telephone (206) 475-4945 (206)-477-0344 E-Mail RBrown@KentWA.gov gmcknight@kingcounty.gov 20. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall be effective upon the date that it is signed by both Parties (the “Effective Date”), and shall remain in effect through June 30, 2023, unless earlier terminated in accordance with Section 9 of the Agreement. 21. EXECUTION OF AGREEMENT This Agreement may be executed in multiple counterparts, any one of which shall be regarded for all purposes as an original. IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized representatives on the dates shown below their respective signatures. KING COUNTY CITY OF KENT By: ______________________________ By: _________________________ Terry White , Interim General Manager Dana Ralph, Mayor Metro Transit Department City of Kent Date: ____________________________ Date: _____________________________ Exhibit A – PROJECT SCOPE OF WORK Exhibit B – WSDOT GRANT AGREEMENT (Construction Grant Agreement No. PTD0171) Exhibit C – WSDOT GRANT REQUIREMENTS 4.O.a Packet Pg. 193 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 13 of 22 EXHIBIT A PROJECT SCOPE OF WORK It is anticipated that the RapidRide I Line will consolidate and replace existing Metro Routes 169 and 180. This Project will construct new RapidRide passenger facilities along the upcoming RapidRide I Line within Kent city limits. In addition, the Project will construct pedestrian and bike facilities leading to these new facilities. Details of the Project improvements are set forth below. The Project will construct 32 RapidRide stations (bus stops) along the RapidRide I Line route within the Kent city limits. The goal is to include the following amenities at the new RapidRide I Line stations where technically feasible: •RapidRide shelter, sitting area (including trash receptacle), ADA landing pads, shelter/area lighting •Off-board fare payment system •Real-time information signs and bike parking/racks (will be provided where warranted and feasible) •Construct up to 1,250 linear feet of sidewalk along the corridor to provide enhanced pedestrian connectivity to the constructed RapidRide stations. Sidewalk improvements will be within 1/2 mile of any given stop/station. •Construct up to two (2) enhanced pedestrian and bike crossings along the corridor to support the constructed stations. List of Project Assets ASSET TYPE ASSET ASSET OWNER Passenger Facilities RapidRide station areas assets: shelters, sitting area, trash receptacle, shelter/area lighting, off-board fare payment system, real-time information signs, bike parking/racks. Metro Access to Transit Enhanced pedestrian and bike crossing infrastructure; roadway and sidewalk improvements. Kent 4.O.a Packet Pg. 194 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 14 of 22 EXHIBIT B WSDOT CONSTRUCTION GRANT AGREEMENT (Construction Grant Agreement No. PTD0171) 4.O.a Packet Pg. 195 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 15 of 22 EXHIBIT C WSDOT GRANT REQUIREMENTS Section 4 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in the Regional Mobility Grants Program Guidebook, and any amendments thereto, found at https://www.wsdot.wa.gov/transit/grants/manage#Regional%20Mobility, which by this reference is incorporated herein as if fully set forth in this AGREEMENT. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. Section 12 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR’s direct supervision. B. The CONTRACTOR agrees to include Section 4, Sections 12 through 26 and Section 30, Section 33 and Section 34 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any incidental goods or supplies, or the performance of any work to be accomplished under this AGREEMENT. It is further agreed that those clauses shall not be modified in any such subcontract, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in any advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: “This AGREEMENT is subject to the appropriations of the State of Washington.” Section 13 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Section 1 – SCOPE OF WORK AND BUDGET for the term of the Project’s plus four years after the project is complete, as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the “State and/or Federal Funds” expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a City of Kent PTD0171 Page 5 of 15 manner substantially different from that identified in Section 1 – SCOPE OF WORK AND BUDGET. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. 4.O.a Packet Pg. 196 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 16 of 22 B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project. If this is a Regional Mobility or Transit project (TIER), annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto, or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT’s Washington State Guide to Managing Your Public Transportation Grant, and/or WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto: 1. A draft Performance Measurement Plan (PMP) must be submitted to WSDOT before submitting the first reimbursement request. If the contractor does not submit a PMP and is nonresponsive to requests from WSDOT for improvements and information, the contractor may be deemed out of compliance. 2. An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Section 1 – SCOPE OF WORK AND BUDGET, as set forth in Section 3 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Section 1 – SCOPE OF WORK AND BUDGET, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the “Project Costs.” WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 14 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined based on the Architectural/Engineering requirements for each type of structure, materials used, industry standards, and other federal and/or state standards and specifications. For Regional Mobility Projects, the useful life of a project is indicated in the “Financial Plan Table” of the original Regional Mobility Grant Application. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR’s expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency’s plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspect and make arrangements for any appropriate service and repair under the manufacturer’s warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement City of Kent PTD0171 Page 6 of 15 performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. Section 15 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT’s Public Transportation Division and obtain documented approval before design work commences. Section 16 4.O.a Packet Pg. 197 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 17 of 22 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 17 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 18 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Labor Provisions/Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Requirements and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW “State Environmental Policy Act” (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 A. 4.O.a Packet Pg. 198 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 18 of 22 Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the CONTRACTOR’s obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR’s expense. Project closeout will not alter the CONTRACTOR’s audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its subcontractors pertaining to the Project. The CONTRACTOR agrees to require each third party to permit WSDOT, and the State Auditor or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project’s facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its 4.O.a Packet Pg. 199 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 19 of 22 own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D, If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Liens on the Project WSDOT shall be listed as the legal owner on titles and hold titles for all vehicles the CONTRACTOR acquires using federal funds through WSDOT’s grant program. WSDOT will have legal ownership to any non-vehicle Project equipment the CONTRACTOR acquires or modifies using the “Federal and/or State Funds” identified in the caption space of this AGREEMENT titled “Project Costs.” When the Contractor acquires vehicles using state funds provided through WSDOT’s grant program, WSDOT may within its discretion, allow the CONTRACTOR to be listed as the legal owner and hold title. In all cases, WSDOT will maintain a copy of titles for all funded vehicles under this agreement and oversight responsibility on those vehicles through their minimum useful life. The CONTRACTOR accepts WSDOT’s legal title to the Project and any portion thereof during its useful life as set forth in this Section and agrees that it shall not use the Project or any portion thereof as collateral, nor shall the CONTRACTOR encumber the Project in any way. The CONTRACTOR shall follow the terms stated in Section 12A regarding use and disposal of the Project and/or any portion thereof. WSDOT’s lien shall equal the proportional Federal and/or State funded share, as identified in this AGREEMENT, of the disposable value of the Project and any portion thereof. Satisfaction of WSDOT’s lien may be satisfied only by proper disposal of the Project and any portion thereof in a manner determined by WSDOT. Section 26 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees, officers and subcontractors. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers; and provided further that if such claims result from the concurrent negligence of 4.O.a Packet Pg. 200 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 20 of 22 (a) the CONTRACTOR its employees, agents, officers or contractors and (b) the STATE, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the CONTRACTOR, its employees, officers, authorized agents, and/or contractors. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically and expressly waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. This waiver of immunity has been mutually negotiated by the PARTIES. D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 30 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 31 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 32 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Provided, however, that changes to the federal award identification number, DUNS, project title, federal ID number, CFDA number, milestones, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. Section 33 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division’s Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR’S receipt of WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director’s designee. The CONTRACTOR’s appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director’s 4.O.a Packet Pg. 201 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 21 of 22 designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY’s employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. (WSDOT Grant Agreement PTD0171; pg. 11 of 15) Section 34 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. the State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Take any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof 4.O.a Packet Pg. 202 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 ____________________________________________________________ RAPIDRIDE I LINE FUNDING AGREEMENT Between the City of Kent and King County Page 22 of 22 including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on City of Kent PTD0171 Page 12 of 15 the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. 4.O.a Packet Pg. 203 At t a c h m e n t : R A P I D R I D E I L I N E F U N D I N G A G R E E M E N T b e t w e e n t h e C i t y o f K e n t a n d K i n g C o u n t y M e t r o T r a n s i t D e p a r t m e n t ( 2 3 8 1 : 2 0 1 8 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: August 11, 2020 TO: Kent City Council - Committee of the Whole SUBJECT: 2018 Regional Mobility Grant WSDOT Agreement – Authorize MOTION: Authorize the Mayor to sign a grant agreement with the Washington Department of Transportation to accept Regional Mobility Grant Program funds, in the amount of $8,000,000 for RapidRide I bus stops and access to transit improvements, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: In Spring 2018, the City of Kent in coordination with King County Metro submitted a grant application to the Washington State Department of Transportation (WSDOT) Regional Mobility Grant Program. The proposed project included constructing RapidRide stations (bus stops) along the RapidRide I Line route within the Kent city limits. The goal is to include the following amenities at the new RapidRide I Line stations where technically feasible: · RapidRide shelter, sitting area (including trash receptacle), ADA landing pads, shelter/area lighting · Off-board fare payment system · Real-time information signs and bike parking/racks (will be provided where warranted and feasible) In addition, the grant proposal included pedestrian improvements including sidewalks and new enhanced pedestrian and bicycle crossings within 1/2 mile of any given stop/station. The City was awarded $8 million, and King County is providing a match of $2.68 million. Two agreements need to be authorized prior to accessing the grant funds. The first agreement is between WSDOT and the City of Kent and the second agreement is between the City of Kent and the King Count Metro Transit Department. The King County Metro Transit Department is responsible for designing and constructing all improvements. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 4.P Packet Pg. 204 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. Regional Mobility Grant WSDOT (PDF) 4.P Packet Pg. 205 WSDOT Contact:Jeff Petterson 360-705-7917 PetterJ@wsdot.wa.gov Agreement Number Contractor: Term of Project Vendor # CFDA # DUNS Service Area Contact: Regional Mobility Grant Program Construction Grant Agreement PTD0171 July 1, 2019 through June 30, 2023 N/A THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter “WSDOT,” and the Contractor identified above, hereinafter the “CONTRACTOR,” individually the “PARTY” and collectively the “PARTIES.” WHEREAS, the State of Washington in its Sessions Laws of 2019, Chapter 416 Section 220 authorizes funding for Public Transportation Programs and other special proviso funding as identified in the budget through its 2019-2021 biennial appropriations to WSDOT; and WHEREAS, the CONTRACTOR has requested funds for the project(s) or program(s) shown under the heading titled “Funding by Project” (hereinafter known as the “Project(s)”) which has been selected by WSDOT for funding assistance. WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2020-2 ALL PROJECTS as developed on March 11, 2020, Program- Public Transportation Program (V); NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 916001254 020253613 City of Kent 220 4th Ave S Kent, WA 98032-5895 As defined in Scope of Work and Budget April Delchamps 253-856-5564 City of Kent PTD0171 Page 1 of 15 4.P.a Packet Pg. 206 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Funding by Project Project A: UPIN #20190004 Service Area: Scope of Work: Current Percentage 19-21 Current Funds 21-23 Projected Funds Total Current and Projected Funds 75% $ 1,236,000 $ 6,764,000 $ 8,000,000 25% $ 414,045 $ 2,265,955 $ 2,680,000 100%1,650,045$ 9,029,955$ 10,680,000$ Budget: Project Milestone Date 7/2019 12/2020 4/2021 3/2023 Rapid Ride Facility Passenger Amenities & Access Improvements Current Agreement Costs Section 1 Federal Funds SCOPE OF WORK AND BUDGET Total Agreement Cost 21-23 Projected State Funds 6,764,000$ Construct passenger facilities along upcoming RapidRide Renton-Kent-Auburn Line, along with connecting pedestrian/bike facilities. Includes approximately 32 RapidRide stations and (where feasible) shelters, lighting & other amenities. Current Funds reflect total funding appropriated by the Washington State Legislature for the Project in the 2019-2021 biennium. Contractor’s Funds reflect the total commitment over the life of the project. King County -$ 8,000,000$ 2,680,000$ 10,680,000$ 1,236,000$ 19-21 Current State Funds Total Grant Funds Contractor's Funds Note: The Project Milestone table is for planning purposes. While the total funding and match (contractor’s funds) must be maintained, funding may be moved to different phases as mutually agreed upon by both PARTIES. Funds State Regional Mobility Funds Contractor's Funds Total Project Cost Preliminary Engineering Start Date Right of Way Certification (if applicable) Contract Award Date Construction Operationally Complete Phases City of Kent PTD0171 Page 2 of 15 4.P.a Packet Pg. 207 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 2 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, referred to as the “Project.” Reference to the “Project” shall include all such capital facilities, infrastructure and/or associated equipment (Project Equipment) designed, acquired, constructed, improved or installed under this AGREEMENT. B. On projects where WSDOT is providing only state funds and the contractor is using funds received directly from the federal government as their share or part thereof on the project, the contractor must assume full responsibility for complying with all federal rules and regulations. If the contractor is found in non-compliance with federal rules and regulations, the contractor shall provide a written notification to WSDOT supplying details related to the non-compliance. Both PARTIES will analyze and determine the impact on the scope, schedule, and funding of the project. Remedies required up to and including return of funds will be identified to ensure the project’s scope of work is met as intended. Section 3 Scope of Project The CONTRACTOR agrees to perform the work and complete the Project as described and detailed in Section 1 - SCOPE OF WORK AND BUDGET, which is by this reference fully incorporated herein as if fully set out in this AGREEMENT, and to perform the Project within the area described in the caption space header titled “Service Area” in accordance with the terms and conditions of this AGREEMENT. The caption space header titled “Service Area” and all caption space headers are by this reference incorporated herein as if fully set out in this AGREEMENT. Section 4 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in the Regional Mobility Grants Program Guidebook, and any amendments thereto, found at https://www.wsdot.wa.gov/transit/grants/manage#Regional%20Mobility, which by this reference is incorporated herein as if fully set forth in this AGREEMENT. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. Section 5 Term of Project The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header titled “Term of Project” regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled “Term of Project” and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT. Section 6 State Review of Project WSDOT shall review the project identified in this AGREEMENT as Section 1 - SCOPE OF WORK AND BUDGET, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 34, Termination. City of Kent PTD0171 Page 3 of 15 4.P.a Packet Pg. 208 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 7 Project Costs and Minimum Contractor’s Match Requirement A. The reimbursable costs of the Project shall not exceed the amounts detailed in the caption space header titled “Project Costs.” The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Section 1 - SCOPE OF WORK AND BUDGET. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as “Total Project Cost” in the caption space header titled “Project Costs,” the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making that determination. B. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified in the caption space header titled “Project Costs” in the amount indicated as “Contractor Funds.” Any reduction in match will result in a proportional reduction in grant funds. Section 8 Inspection of the Project The CONTRACTOR shall inspect Project Equipment purchased pursuant to this AGREEMENT at the time of delivery to the CONTRACTOR. The CONTRACTOR has 15 calendar days from delivery to either accept or reject the Project Equipment. If rejected, the CONTRACTOR shall provide a written notice specifying the Project Equipment deficiencies to its vendor and WSDOT, allowing the vendor a reasonable amount of time to cure the deficiencies or defect. Upon receipt and acceptance of Project Equipment, the CONTRACTOR agrees that it has fully inspected the Project Equipment and accepts it as suitable for the purpose under this AGREEMENT, as being in good condition and state of good repair, and that the CONTRACTOR is satisfied with the Project Equipment and that the Project Equipment complies with all regulations, rules, and laws. Payment to the vendor must occur within thirty days of the Project Equipment acceptance. Section 9 Use of Park and Ride Facilities In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. Tier and Consolidated Grant funded projects are explicitly excluded from the provisions of Section 9-Use of Park and Ride Facilities. Section 10 Miscellaneous Charges and Conditions The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR’s use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR. Section 11 Payment A. State and/or federal funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project as described in Section 1 - SCOPE OF WORK AND BUDGET. Allowable Project expenses shall be determined by WSDOT as described in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto, found at https://www.wsdot.wa.gov/transit/grants/manage#Regional%20Mobility. In no event shall the total amount reimbursed by WSDOT exceed “State Funds” and/or “Federal Funds” identified in the caption space header titled “Project Costs,” above. City of Kent PTD0171 Page 4 of 15 4.P.a Packet Pg. 209 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe in the caption space titled “Term of Project.” Such costs to be reimbursed shall be calculated as described in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto.. WSDOT shall make no payments for costs incurred prior to the beginning or after the end date of the “Term of the Project” as set forth in the caption space header above. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once a month and no less than once per quarter. If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of submission to WSDOT. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. Any financial summaries submitted to WSDOT must include a record of the actual costs. C. The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30 the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled “Term of Project” during which the work was performed. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. Section 12 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR’s direct supervision. B. The CONTRACTOR agrees to include Section 4, Sections 12 through 26 and Section 30, Section 33 and Section 34 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: “This AGREEMENT is subject to the appropriations of the State of Washington.” Section 13 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Section 1 - SCOPE OF WORK AND BUDGET for the term of the Project’s plus four years after the project is complete, as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the “State and/or Federal Funds” expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a City of Kent PTD0171 Page 5 of 15 4.P.a Packet Pg. 210 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) manner substantially different from that identified in Section 1 - SCOPE OF WORK AND BUDGET. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project. If this is a Regional Mobility or Transit project (TIER), annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto, or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT’s Washington State Guide to Managing Your Public Transportation Grant, and/or WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto: 1. A draft Performance Measurement Plan (PMP) must be submitted to WSDOT before submitting the first reimbursement request. If the contractor does not submit a PMP and is nonresponsive to requests from WSDOT for improvements and information, the contractor may be deemed out of compliance. 2. An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Section 1 - SCOPE OF WORK AND BUDGET, as set forth in Section 3 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Section 1 - SCOPE OF WORK AND BUDGET, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the “Project Costs.” WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 14 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined based on the Architectural/Engineering requirements for each type of structure, materials used, industry standards, and other federal and/or state standards and specifications. For Regional Mobility Projects, the useful life of a project is indicated in the “Financial Plan Table” of the original Regional Mobility Grant Application. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR’s expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency’s plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspect and make arrangements for any appropriate service and repair under the manufacturer’s warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement City of Kent PTD0171 Page 6 of 15 4.P.a Packet Pg. 211 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. Section 15 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT’s Public Transportation Division and obtain documented approval before design work commences. Section 16 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 17 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 18 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all City of Kent PTD0171 Page 7 of 15 4.P.a Packet Pg. 212 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Requirements and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW “State Environmental Policy Act” (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record- keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR’s obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR’s expense. Project closeout will not alter the CONTRACTOR’s audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third party contractor to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. City of Kent PTD0171 Page 8 of 15 4.P.a Packet Pg. 213 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project’s facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Liens on the Project WSDOT shall be listed as the legal owner on titles and hold titles for all vehicles the CONTRACTOR acquires using federal funds through WSDOT’s grant program. WSDOT will have legal ownership to any non-vehicle Project Equipment the CONTRACTOR acquires or modifies using the “Federal and/or State Funds” identified in the caption space of this AGREEMENT titled “Project Costs”. When the Contractor acquires vehicles using state funds provided through WSDOT’s grant program, WSDOT may within its discretion, allow the CONTRACTOR to be listed as the legal owner and hold title. In all cases, WSDOT will maintain a copy of titles for all funded vehicles under this agreement and oversight responsibility on those vehicles through their minimum useful life. The CONTRACTOR accepts WSDOT’s legal title to the Project and any portion thereof during its useful life as set forth in this Section and agrees that it shall not use the Project or any portion thereof as collateral, nor shall the CONTRACTOR encumber the Project in any way. The CONTRACTOR shall follow the terms stated in Section 12A regarding use and disposal of the Project and/or any portion thereof. WSDOT’s lien shall equal the proportional Federal and/or State funded share, as identified in this AGREEMENT, of the disposable value of the Project and any portion thereof. Satisfaction of WSDOT’s lien may be satisfied only by proper disposal of the Project and any portion thereof in a manner determined by WSDOT. City of Kent PTD0171 Page 9 of 15 4.P.a Packet Pg. 214 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 26 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees, officers and subcontractors. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers; and provided further that if such claims result from the concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or contractors and (b) the STATE, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the CONTRACTOR, its employees, officers, authorized agents, and/or contractors. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically and expressly waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. This waiver of immunity has been mutually negotiated by the PARTIES. D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 27 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT. Section 28 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 29 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. City of Kent PTD0171 Page 10 of 15 4.P.a Packet Pg. 215 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 30 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 31 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 32 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Provided, however, that changes to the federal award identification number, DUNS, project title, federal ID number, CFDA number, milestones, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. Section 33 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division’s Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR’S receipt of WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director’s designee. The CONTRACTOR’s appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director’s designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY’s employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. City of Kent PTD0171 Page 11 of 15 4.P.a Packet Pg. 216 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 34 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Take any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on City of Kent PTD0171 Page 12 of 15 4.P.a Packet Pg. 217 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. Section 35 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply. Section 36 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT in writing of any change in conditions or law, or of any other event, including any current or prospective dispute, which may adversely affect WSDOT’s interest in the Project or affect CONTRACTOR’s ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 37 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR’s right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT’s loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT’s rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT’s request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. City of Kent PTD0171 Page 13 of 15 4.P.a Packet Pg. 218 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) Section 38 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 39 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT’s grant and agrees to all of the terms and conditions thereof. Section 40 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 41 Order of Precedence Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving documents precedence in the following order: 1. Federal Law 2. Exhibit II, Federal Provisions, if applicable 3. This AGREEMENT Section 42 Agreement Close Out The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date set forth in the caption header, “Term of Project” by written notification and in its capital Quarterly Progress Report, as referenced in WSDOT’s Consolidated Grants Program Guidebook, and any amendments thereto, or the Regional Mobility Grants Program Guidebook, and any amendments thereto, whichever is applicable, for the quarter, in which the project is completed. WSDOT will prepare an amendment to modify the AGREEMENT to reflect the actual amount spent and the project completion date. WSDOT will send a close out letter to the CONTRACTOR. Section 43 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director’s designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. Section 44 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. City of Kent PTD0171 Page 14 of 15 4.P.a Packet Pg. 219 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e ) IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year signed last below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR Brian Lagerberg, Director Public Transportation Division Authorized Representative Title Print Name Date Date City of Kent PTD0171 Page 15 of 15 4.P.a Packet Pg. 220 At t a c h m e n t : R e g i o n a l M o b i l i t y G r a n t W S D O T ( 2 3 8 2 : 2 0 1 8 R e g i o n a l M o b i l i t y G r a n t W S D O T A g r e e m e n t – A u t h o r i z e )