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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/1/2019 (2) KENT CITY COUNCIL AGENDAS Tuesday, October 1, 2019 7:00 PM Crystal Mountain Hall at Kent Commons Mayor, Dana Ralph Council President, Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month 2. Proclamation for the Lunar Rovers Celebrating the 50th Anniversary 3. Proclamation for Domestic Violence Awareness Month 4. Reappointments to the Lodging Tax Advisory Committee B. Community Events C. Economic and Community Development Report 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report B. Chief Administrative Officer's Report C. Councilmember's Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. City Council Meeting City Council Regular Meeting October 1, 2019 Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Approval of Minutes 1. City Council Meeting - City Council Special Meeting - Sep 17, 2019 5:00 PM 2. Council Workshop - Workshop Special Meeting - Sep 17, 2019 5:05 PM 3. City Council Meeting - City Council Regular Meeting - Sep 17, 2019 7:00 PM B. Payment of Bills C. Set October 15, 2019 as the Date for the Public Hearing on the Comprehensive Plan/Capital Facilities Element Amendment to Incorporate School District Capital Facilities Plan and Update to Kent City Code Chapter 12.13, School Impact Fees D. Set October 15, 2019 as the Date for the Second Public Hearing on the 2020 Mid-Biennium Budget Adjustment E. Set October 15, 2019 as the Date for the Second Public Hearing on the 2020-2025 Capital Improvement Plan F. Set October 15, 2019 as the Date for the Public Hearing on the 2019 Tax Levy for the 2020 Budget G. Set October 15, 2019 as the Date for the Public Hearing to Consider Declaring Certain Public Utility Equipment and Materials Surplus H. Puget Sound Energy Schedule 74 Underground Conversion Project Construction Agreement – Fourth Avenue and Willis Roundabout – Authorize I. Consultant Services Agreement with KPG, P.S. for the Fourth and Willis Roundabout Drainage and Landscape Design – Authorize J. Quit Claim Deed and Temporary Construction Easement between the City of Kent and the Central Puget Sound Regional Transit Authority – Authorize K. Easement for Puget Sound Energy - 640 Pressure Zone North Pump Station No. 1 – Authorize L. Commercial Electric Facilities Contract with Puget Sound Energy Power Service Upgrade for 640 Pressure Zone Pump Station – Authorize City Council Meeting City Council Regular Meeting October 1, 2019 M. Solid Waste Management Local Solid Waste Financial Assistance Agreement with State of Washington Department of Ecology – Authorize N. Resolution of Intent – Sales and Use Tax for Affordable Housing - Adopt O. Ordinance Adopting 2018 Docketed Comprehensive Plan Amendments – Adopt P. Reappoint Bryan Powell, John Casey, David Kwok and Tim Higgins to the Lodging Tax Advisory Committee – Confirm 9. OTHER BUSINESS 10. BIDS A. Kent Correctional Facility Fencing Project Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. 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. PROCLAMATION Whereas,in June of 1969, the leaders of Boeing's Aerospace Group determined that they had the drive and the talent to answer NASA's call for a vehicle capable of traversing the surface of the moon and responded to NASA's formal request for proposals; and Whereas, on October 28, L969, after three months of evaluation and negotiations, Boeing was selected as the prime contractor; and Whereas,with delivery of the first vehicle required by April r, Lg7L, Boeing undertook one of the most complex engineering challenges ever conceived, and on a time- line that would be challenging today, completed the first vehicle that was delivered on time and was on the moon July 26, tg7r, aboard the Falcon Landing Module as part of Apollo 15; and Whereas,the Lunar Roving Vehicles provided immeasurable value to the advancement of scientific discovery through space exploration and are designed to produce engineering innovations of immeasurable value here on earth in the fields of mobility, transportation, and robotics; and Whereas, Whereas, the city of Kent successfully lobbied to obtain Landmark Status for the Lunar vehicles which remain on the moon, through King County Landmarks Commission, and is currently working to achieve that designation at the state and national levels; and the city, along with Kent Downtown Partnership has launched a campaign to memorialize this singular achievement through the revitalization of Kherson Park, whose new centerpiece will be an interactive Lunar Rover replica; and Whereas,it is still the only astronaut driven vehicle to traverse the moon's surface, and it was designed, built and tested here in Kent, where it remains a point of pride and inspiration for city Leadership, its residents, their children, business leaders and their employees who seek discovery and innovation in governance, education, and commerce. Now, THEREFORE, T Dana Ralph, Mayor of the city of Kent, proclaim october as Lunar Rover Month In the city of Kent and ask all residents help to celebrate what was set in motion 50 years ago this month, and Boeing's ambitious and daring achievement that inspires awe and motivates us to action. Signed this 1't day of October, 2019 I KENT WaSHtNGToN Dana Ralph, Mayor 4.A.2 Packet Pg. 4 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r t h e L u n a r R o v e r s C e l e b r a t i n g t h e 5 0 t h A n n i v e r s a r y ( P u b l i c R e c o g n i t i o n ) PROCLAMATION wHEREAS,October is National Domestic Violence Awareness Month that first began in 1981 by the National Coalition Against Domestic Violence as a Day of Unity to connect battered women's advocates across the country; and WHEREAS, domestic violence is a pattern of physical, emotional, verbal, and/or sexual abuse, which includes, but is not limited to, threats, intimidation, isolation, and/or financial control. Domestic violence is an intentional pattern of behavior that is used by one person to harm and take power and control over another person in the context of a date, family, roommate or caretaker relationship; and WHEREAS, domestic violence affects millions, both women and men, of every racq religion, culture and status; and wHEREAS,f-in-4 women and 7-in-9 men in the United Sfafes are victims of domestic violence and a woman is killed by a spouse, ex-spouse or dating partner every 74 hours in America; and WHEREAS, f-in-15 children is expbsed to domestic violence each year, and 90o/o of these children are eyewifness to this violence; and WHEREAS, the city of Kent remains committed to a professional response to incidents of domestic violence in our region; and NOW. THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby proclaim the month of October 2079 as DOMESTIC VIOLENCE AWARENESS MONTH In the city of Kent, and call upon all communities' members to obsenre this month and join together in ending domestic violence. In witness whereof, I have hereunto set my hand and caused the seal of the city of Kent to be affixed this lst day of October, 2019. KENT WASHINGToN Dana Ralph, 4.A.3 Packet Pg. 5 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r D o m e s t i c V i o l e n c e A w a r e n e s s M o n t h ( P u b l i c R e c o g n i t i o n ) 1 | Page • Mayor Dana Ralph has appointed Anthony Gipe as our next Municipal Court judge. Mr. Gipe has served as a judge pro tempore in the Kent Municipal Court this year and in other courts since 2014. He’ll take over for retiring Judge Glenn Phillips on Jan. 1. • We should be back in City Council Chambers for our first committee of the whole meeting on Oct. 8, even though the renovation project won’t be fully complete. • We now have an established space on the third floor of the Centennial Center for our Sound Transit Federal Way Link Extension liaison program. Kelly Peterson’s new ST- funded administrative assistant Elyse Tomkins starts Oct. 1. • Last week, Dana Neuts, Communications Manager attended the Puget Sound Social Media Summit hosted by King County and city of Seattle. She is working with lobbyist Briahna Murray to wrap up the legislative planning meetings this week and with a Vision Team subcommittee to prepare for the Town Halls scheduled for October. • Uriel Varela, Community Engagement Coordinator, noted that the Cultural Communities Board is sponsoring a Kent City Council candidate forum on Oct. 16 from 6-8pm at Kent Commons. Everyone is invited to attend. Uriel attended the third session of the 2019 Pacific Northwest Cohort. The focus of the training was on principles of community centered result- based accountability and root cause analysis with a racial equity perspective. The fourth training session is scheduled for October 16 in SeaTac. • Toni Azzola, Neighborhood Program Coordinator, along with Mayor Ralph and other city staff, wrapped up the Kent Walks - including following up with departments on outstanding issues. Last week, she helped welcome the 48th neighborhood council to the city. She is reviewing neighborhood grant applications and helping with the promotion of the Nov. 7 open house for the 4th and Willis roundabout. • The Clerk’s Office responded to 274 requests for public records over the course of the last three weeks. • Continued to provide support to city staff with respect to both records management and records retention. • The Clerk’s Office is currently recruiting for a Records Administrator and has received many applications thus far. The position will close at the end of the day Monday, September 30. • The City Clerk will be the point of contact for agenda management questions and concerns for the newly-created Committee of the Whole. Long Range Planning • LRP staff has contracted with ALTA Planning & Design to serve as consultants for a regional trails opportunity study. The regional trails study is a collaborative multi- jurisdictional project which will look at ways to maximize the transportation utility of the King County Interurban and Green River Trail systems in the Kent Valley. The Interurban and Green River trails run through the heart of the Kent Industrial Valley and could be re- ECONOMIC AND COMMUNITY DEVELOPMENT ADMINISTRATION 5.B Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 2 | Page envisioned to attract and serve the evolving needs of its modern workforce. • The Lodging Tax Advisory Committee (LTAC) held its first meeting since May on September 11. The meeting laid the groundwork for review of the grant application cycle which just closed on September 30. With several appointee terms having expired this summer, committee members who wish to continue had their re- appointments recommended to Council, along with discussion on possible appointments to fill the vacant seat. LTAC will meet twice in October to finalize a new member recommendation and evaluate grant applications received. • Economic Development and Parks convened a large meeting of STEM and Aerospace boosters to brainstorm ideas and gather a network of participants for the STEM Fair which will be taking place during the unveiling of the Lunar Rover Replica, scheduled for November 12. The evening event will not only showcase the new park installation and the capital campaign to fund it, but it will bring in families for an evening of fun designed to educate and inspire kids about careers in science and engineering. • ED and Parks are also working with the Seattle Thunderbirds on Lunar Rover Night at the T-birds, set for October 18, where the T- Birds will be playing the Brandon Wheat Kings, from Manitoba Province. Lunar Rover and space themed inter-period hijinks are planned. Building Services/Permit Center • Bruce Matlack has wrapped up his career with the city of Kent and put a bow on it by retiring. Bruce came aboard as a Plans Examiner in October of 1999 and is the last of the “old gang” of plans reviewers. Bruce’s extensive knowledge of all the building codes, and expertise with the energy code, have made him a fantastic mentor for the newer plan reviewers. With his retirement the longest incumbency for a plans examiner is 18 months. • Michelle Blubaugh, has accepted the offer to become the city’s newest Permit Technician. Michelle just joined the city in May as the Permit Center’s Office Tech III but distinguished herself quickly with her aptitude for learning and customer focused approach to her work. Recruitment for her vacant position will begin shortly. • The Amanda permitting system pilot project has started with two of our simpler application types. The second phase will add a few other applications, with a goal of gradually building out until all applications will be processed through the new software by early 2021. • Three additional Bluebeam stations will be installed in the Permit Center this month to better serve applicants. • September Statistics:  Inspections completed - 2099 with 1489 passed, 229 failed and 71 rescheduled  Applications received – 430  Plan Review Completed – 758  Permits Issued - 421 • The State Auditor’s Office (SAO) published their audit reports for the city of Kent’s 2018 Financial, Federal Single (Grant) and Accountability Audits. For all three audits, the city received a “clean” audit as there are no audit findings or management letter items. SAO has scheduled a formal audit exit conference meeting to discuss the scope and results of the city’s audits. This meeting is scheduled for October 3 at 3pm. These reports along with reports from prior years can also be obtained at the SAO website at www.sao.wa.gov then select Reports & Data - Audit Reports. • On August 19, Internal Audit issued its report covering centralized disbursement operations for the period January 1, 2018 through December 31, 2018. This audit emphasized bank account operations, including outgoing wire transfers and other electronic charges. There were eight separate audit objectives which incorporated a multitude of related internal control and compliance testing attributes. There were two audit FINANCE 5.B Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 3 | Page findings. Internal Audit reports and presentations are posted to CitySpace under Finance/Internal Audit. Administration • Michael Mage, Government Performance Coordinator, is currently attending a weekly class through UW Tacoma to achieve his “Black Belt” in Lean. • Tracey Padilla and Jan Hiatt are teaching a six-week class titled, “Effective Supervisory Practices” at Public Works on Wednesdays to conclude October 30. • Beginning 9/25 (Wed), Human Resources will be open through the lunch hour (Mon- Fri, 8 a.m. – 5 p.m.) to better serve our customers. Benefits • Benefits Renewals. • Flu Shots – October 1 at Public Works Operations and October 17 at City Hall. • Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) cases. • Open Enrollment preparations. • HCMA project. • Contract reviews. • Paid Family Medical Leave Impact research. Labor • Gina Esposito recently attended an ongoing training with the team for Government Alliance on Racial Equity, as well as attended a two-day conference by Washington Public Employee Labor Relations. • Negotiations with AFSCME. • Working on new policies for the HCMA project. • Class and Comp HCMA track meetings. Recruitment • Computer assessments for the Accounting Services Asst. III in Parks. • Updated eligibility lists for entry level Police Officer and Corrections Officer. • New hires for October 1 include: Alex Klinger (Video Program Coordinator), Mark Howlett (Engineer IV TLT), Jonathan Kesler (Planner), Sam Alcorn (Planner TLT), and Elyse Tompkins (Administrative Asst. II in Admin for FWLE- TLT). A/P Process and Workflow Automation Deliver the A/P workflow replacement and implementation from the current imaging system which consists of Captovation/eCapture for scanning and imaging, and Oracle IPM for image storage and retrieval to Transform AP. DEV – Business License Complete System Create a web application that provides a complete business system for the entire business license lifecycle. Information Technology operational support for September 10, 2019 to September 24, 2019 Number of tickets opened – 249 Number of tickets closed – 237 • Prepared amendments to the Council rules and procedures creating the Council of the Whole, and prepared an amendment to the Kent City Code to eliminate the council workshop as a council meeting. • Conferred with outside counsel on several issues relating to the opioid litigation and briefed Council. • Interviewed several candidates for the vacant Civil Attorney position. Follow-up interviews are scheduled for the week of September 23. • Filed criminal charges against the owners of two problem properties for failing to comply with the Kent City Code to maintain their property free of junk and debris, to include junk/abandoned vehicles, trailers, loose garbage, and broken and disassembled appliances and furniture. One property is located directly above the Soos Creek Trail, and despite code enforcement and NRT’s efforts to work with the property owner, he has continued to allow transients to camp on the property and accumulate a large amount of garbage. The second property is located on HUMAN RESOURCES LAW Information Technology 5.B Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 4 | Page the West Hill near the Star Lake Park and Ride. In addition to a burned-out dwelling, there are also numerous junk vehicles and loose garbage scattered about the property. Again, despite numerous efforts by code enforcement, NRT and the Law Department, the owner has failed to bring his property into compliance. • Drafted an ordinance amending Ch. 9.04 KCC and Ch. 5.01 KCC to adopt the regulations for licensed massage practitioners set out in WAC 246-830 and to clarify that a violation of Ch. 9.04 prohibits an individual from obtaining a subsequent business license in Kent. This amendment follows the investigation, prosecution and closure of 18 illicit massage businesses and learning, during that process, how a few adjustments to code language could save time and resources during subsequent investigations. Once finalized, the goal is to present the ordinance before council by the end of the year. • Spent a considerable amount of time prosecuting a problem property on the West Hill. The owner was previously convicted of maintaining a public nuisance and is currently in review status. The property is also in foreclosure status and the owner has continuously failed to comply with the conditions of his criminal sentence. Most recently, staff drafted a motion and argued for revocation of all remaining jail time for the defendant’s willful non-compliance. The defendant was sentenced to 10 days jail and the case remains open with another review hearing in October. The foreclosure of the property has also been continued to October. • Continued to work with PD-NRT and Fire Prevention concerning the abandoned gas station at 711 Central Ave N. Staff has been in direct communication with the property owner regarding the need to remove trespassers, junk vehicles and loose garbage from the property, and installing a fence to keep trespassers and junk vehicles from returning. Following a code enforcement hearing in March of 2019, the owner was ordered to obtain permits to remove four underground storage tanks and remediate the site for future development. The owner has failed to timely comply with the hearing examiner’s order and additional monetary penalties have been assessed and criminal charges are pending. • Continued to help negotiate final settlements for property acquisitions related to the S 228th Street Overpass Project and the S 224th Street Project. • 108 criminal cases were set for trial this month - 11 were confirmed for trial at the end of the 1st day of jury week. Of those 11 cases, 2 went to trial with guilty verdicts obtained, 4 cases resulted in pleas of guilty, 4 cases were continued to October due to last minute witness unavailability, and 1 case was dismissed because the victim refused to appear and testify. • In the last two weeks, 47 in-custody criminal cases and 23 out-of-custody criminal cases were filed. • Responded to four motions to suppress evidence. • Continued to assist the Clerk’s office with public records requests, and Public Works, ECD, IT and Parks with a number of high priority development projects, including property rights and access issues involving Naden Avenue. • Assisted the HR Department in a few sensitive employment and labor related matters. Recreation and Cultural Services • Adaptive Recreation After School Energy and Early Release Wednesday programs kicked off at 10 different elementary schools in the Kent and Federal Way school districts. With a goal of creating a space where active learning and healthy living is paramount, staff focus on insuring that kids learn new ways to exercise while creating friendships through team-based activities. • The Junior All-star after school program is underway at Millennium, Springbrook and Soos Creek Elementary, as well as Early Release Wednesday at George T. Daniel and Emerald Park Elementary. Both early release sites have wait lists. The program focus is on homework help, arts and crafts projects, and active group led exercise and sports. PARKS, RECREATION, AND 5.B Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 5 | Page • 74 teens attended Mill Creek Late Night on September 13. This program provides 6th through 8th graders a safe place to go where they can engage with their peers in a variety of activities including sports, arts and crafts, board games, listening to music and hanging with friends. The Meridian Middle School based After School Cooking and Sports program is also off to a great start with 20 new students. • The Kent Parks & Recreation Teen Center at the Phoenix Academy opened for the new school year. The gym is full of teens playing indoor soccer and the freshly waxed floors in the main gym are bringing out the hooper’s. There are many other exciting and meaningful activities and programs that have teens, parents and care providers lined up at 6am at the Kent Commons to get a number for the 8am start to fall registration. With the long line of registrants and the phones constantly ringing, the front office staff handled the busy morning with their quick skills and friendly smiles. Classes filled, and waitlists formed for some classes within the first 2 hours. • Centennial Center Gallery will display the artwork of Fiona Lau and BethAnn Lawson from September 9 through October 28. Gallery hours are 8 a.m. to 5 p.m., Monday through Friday. • A new Kent Creates exhibit, “Look Up,” is accepting submissions through September 30. The top five submissions will receive featured status and a $200 honorarium each. • The 2019-2020 Spotlight Series will open on Friday, September 27 with a performance by Irish band JigJam. Ticket sales are steady with 165 currently sold. The performance takes place at 7:30 p.m. at Kent-Meridian Performing Arts Center. • Staff attended Americans for the Art’s Executive Leadership Forum in Utah from September 18-21. Eleven Local Arts Agency Leaders from around the country were selected to participate in the event, which included discussions of arts and culture issues, challenges, and successes at local, regional, and national levels. • The Lifeguard Beach Program at Lake Meridian Park concluded Labor Day weekend. Operating 7 days a week, June-September, the program routinely provides first aid, lifesaving rescues, and a wide variety of customer assistance related services. Parks Department lifeguards provide free loaner life vests as an added measure of safety and security for patrons throughout the summer, this year setting a new record of 2,939 life vests issued. This exceptionally busy park and beach is one of the city’s most popular destinations connecting residents to beautiful natural areas. The beach averaged 1,088 patrons daily, with a total season attendance of 79,477 visitors. Fun fact: the average temperature during the season was 71.93 degrees and the lifeguards worked a total of 4,831 hours. • Kent Parks Fall Adult Volleyball Leagues are underway with over 500 adult volleyball enthusiasts on 42 teams. The program runs 2 days a week, September-November at the Kent Commons Community Center. This program and others like it have a significant economic impact on downtown as participants shop and dine before and after their scheduled activities. Significant crime activities/arrests/investigations • On September 10, a male was arrested for Possession of Stolen Vehicle and there was a firearm located in the vehicle. He is a convicted felon for Unlawful Possession of a Firearm 2 and Threats to Kill. Officers located the occupied stolen Honda stopped in heavy rush hour traffic and used this traffic to their advantage, blocking the stolen vehicle in before it had a chance to flee. • On September 11, a male who is a chronic issue in the downtown area was arrested for Assault. The Prosecutor's Office was notified, and several entities worked together to find a solution for him and his chronic impact on citizens and resources in the city. • On September 22 a misdemeanor theft crime developed into an organized retail theft. Transients living/trespassing in the woods near 240th Street and 30th Avenue having been hitting Lowe's for thousands of dollars a week. The stolen goods are put on offer up or traded POLICE 5.B Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 6 | Page for drugs. 10 brand new stolen weed eaters were recovered and returned. Major emphasis patrol • On September 12, SIU conducted a Demand Op (John sting) at the Ramada. Seven men were arrested for Patronizing a Prostitute and six vehicles were impounded. • On September 13, a racer emphasis was held, with the cooperation of WSP patrol units and the “Smokey” aircraft as a spotter. A total of 54 contacts, 46 arrest/citations for Unlawful Race Attendance, 6 other traffic violations cited, and 4 vehicles impounded. • On September 24, a Railroad emphasis was held – more data to come. Land Survey & GIS • Survey field staff are finishing the topography of the Meet Me on Meeker Project. Survey field staff continue construction staking needed for the 224th Phase II and 228th Grade Separation projects. The GIS/Survey technician is updating water meter, water valve and backflow assembly locations in the field and related databases. Land Survey office staff have written legal descriptions for utility easements on the 76th Ave culvert project and have been engaging with software upgrades on work stations to improve efficiencies. • GIS staff continue with transferring data to layer files for easy accessibility on various web applications, as well as entering infrastructure as-built data. The GIS intern for PW signs department has collected 8,954 signs city wide so far, this year. Senior GIS Analyst is working to complete 2020 Census addressing for the October deadline and providing data for public records requests as needed. The GIS Supervisor has met with Puget Sound Regional Fire Authority regarding addressing work flows and their IT Supervisor regarding GIS road centerline data sharing processes/updates. Construction • LID 363… S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2): Cast-in-place (CIP) concrete retaining wall construction on 218th St at the new culvert crossing is ongoing. Culvert footings are complete, the stream bypass has been removed, and the streambed is restored. Installation of the precast culvert will take place on Thursday and Friday this week. Traffic on both 88th Ave SE and S 218th St will be impacted by the delivery of the culvert sections on Thursday and Friday. Excavation and embankment for the storm water storage pond at 218th & 88th is ongoing and will continue into October. S 218th St from 93rd to 94th Pl closed in July and is expected to reopen this fall. • 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments (Ph 4 of 5): wall construction is now underway on the east side of the project. The Interurban trail is temporarily open for use and will remain open for the next 2-3 months. There is no access to either direction of S 228th St. from the trail outside of the fenced pathway as this is an active construction site. • 228th St. Union Pacific Railroad Grade Separation Bridge and Roadway (Ph 5 of 5): Precast concrete storm water detention vaults are scheduled for delivery and installation in early October. A limited notice to proceed has been issued for work that will not interfere with Phase 4 contract activities. • James Street Pavement Rehabilitation (Central Ave. N, to Clark Ave. N.): Contract close-out and punch list work items proceeded on Monday, September 16. This work has been impacted by the wet weather. Weather permitting, the work will conclude on Thursday and Friday this week. Completion of this work will require daily lane closures between the hours of 9:00 am and 2:30 pm with possible overnight closure of the westbound curb lane to allow for concrete cure time. • East Valley Highway Pavement Preservation – S 180th St to S 190th St: Punch list work is PUBLIC WORKS 5.B Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 7 | Page being scheduled to proceed beginning on Monday, Sept. 30. • Upper Mill Creek Dam Improvements and Diversion Structure Replacement: The 104th Ave S closure will remain in place for the next 4-5 weeks. Placement of the cast in place concrete dam face at the location of the new slide gate is complete. The parapet wall will be formed and poured this week followed by the slide gate installation. Placement of the precast concrete culvert across 104th Ave is ongoing. Installation and backfill should be completed by the end of the week. • 2019 Asphalt Overlays: Traffic signal detection loop installation on S 208th St is taking place at night this week as weather permits. • Russell Road S / S 196th Street Asphalt Overlay: Casting adjustments, curb painting and plastic markings are complete. Installation of final pavement markings will take place this week as weather permits. Transportation • Transportation Planning o Staff is working with the members of the Transportation Master Plan’s Transportation Advisory Board to schedule the first board meeting. This board will provide stakeholder input to the TMP during the development of the plan. • Traffic Engineering o Staff continue to work on the Local Road Safety Plan. o Residential Traffic Calming Program – Staff mailed ballots to residents this week for Hazel Ave Speed Cushions and 98th Ave Speed Cushions. Residents will vote on whether traffic calming measures are installed on their streets. • Signals, Illumination, and ITS o Removed faulty Uninterruptable Power Supply (UPS) unit from the intersection at Kent-Kangley Rd & SE 256th St “Y”. Possible lightning damage to the unit. o Removed all graffiti along Hwy 99 on street light poles and signal equipment between Kent-Des Moines Rd and SE 272nd St. o Replaced an additional radar speed sign, this brings the total to four units needing repairs. Began conversation with Traffic Logix technical support to facilitate repairs and get the signs back up and running. We are currently operating the four locations with the units purchased last year. o Received quotes for purchasing replacement controller cabinets for the six (6) traffic signals along 108th Ave SE between SE 192nd St and SE 222nd Pl. These newer style controller cabinets will replace the older ones we received during the Panther Lake Annexation. o Revised the traffic signal timing on the East Hill that will improve off-peak traffic operations along Kent-Kangley. o Received notice from Kent Station management that a number of tree pit outlets have been vandalized and damaged. This has been an ongoing issue and consideration is now being given to installing bollards at seven locations along the walking route between the parking garage and Ramsay Way to the AMC theater. We will begin by using the two spare bollards we have in stock and placing an order for the remainder. Design • 212th East Valley Highway to 72nd: Working with railroads to secure necessary permits and contract conditions to accommodate by design and/or include in the project provisions. 90% review comments due Sept 30. • 4th and Willis Roundabout and Joint Utility Relocation projects: Submitted signal plans and channelization plans to WSDOT for review. WSDOT not in favor of concept for signals. Team reworking plan and coordinating with stakeholders (emergency services) for alternatives. Complete Streets memo review with Planning complete – no exemption is requested at this time, until budgeting is discussed. Distributed memo to department directors. Met with Communications in preparation for Public Open House on Nov 7. WSDOT processing 5.B Packet Pg. 12 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 8 | Page documents to revise Limited Access to Manage Access. • West Hill Reservoir: Presentation to public and council on Sept 3 regarding the transition of the property – several comments received not in favor of location. Team prepared responses are in review. Design consultant negotiations contract are underway. • Meet Me on Meeker Projects: Three projects along Meeker are in design phase – Complete Street with mid-block crossing (TIB funded), frontage improvements at driving range, and frontage improvements from Russell to GRE development (PSRC funds). Project kick-off meeting(s) held. Looking at ways to deliver project early to meet busy season at the Riverbend Driving Range. Streets • Street Maintenance crews are paving asphalt roadways on 105th Pl SE, an asphalt pad at the East Hill shop, sealing asphalt inlays and filling potholes with EZ-Street at various locations throughout the city. They are also preparing for winter by equipping trucks with sanders and plows. The Concrete crew will be preparing and pouring concrete for an ADA ramp, curb, gutter, strip forms and sidewalks on S Meeker St with the assistance of the Street crew. • The Street Signs and Markings team are maintaining signs on the East and West Hill, setting out traffic control for Hawktoberfest and picking up traffic control from the Saturday market, while the Retro Reflectivity crew are locating and installing bases and signs on SE 266th St and 114th Ave SE. The Solid Waste crews will be removing debris and illegal signs on Hwy 99, 80th Pl S, S 190th St and at Mill Creek as well as moving a guardrail at the East Hill Shop. • Vegetation crews will be performing maintenance at Kent water sites and drainage areas city wide. Street Vegetation is working on maintenance on S 212th St down to S 256th St and in the Lake Meridian area on SE 256th St. Our sidearm mowers will be working on S 212th St and adjacent roadways in the Panther Lake area, on Kent Des Moines Rd and adjacent roadways in the West Hill area and on 132nd Ave SE and adjacent roadways in the East Hill area. • Wetland Maintenance crews will be performing maintenance at various wetland and drainage locations and Wetland Mitigation crews are doing some weeding at Alvin’s Pond, staging plants at the Green River Natural Resource Area nursery and doing some planting in Oregon Ash Forest. Additionally, crews are moving the irrigation system at the Leber site. Weather depending, the spray truck will be out on 152nd Ave SE and adjacent roadways in the East Hill area and on SE 196th St and adjacent roadways in the Panther Lake area. Water • Staff are working with a mechanical contractor on the replacement of 2 pump motors at our Pump Station No. 4 on the West Hill. We are participating with Tacoma Water, Covington Water District and Lakehaven Utility District on the effects of manganese in the distribution system. Prior to filtration at the Tacoma Headworks, manganese collected on pipe walls and caused discolored water events in the distribution system during high water flow events. Staff began installing automatic chlorine cylinder shut-off valves at water treatment sites that will close the cylinder valve if the leak detection system senses a leak. Storm • Storm crews will be installing berms on 94th Pl S and on Reiten Rd, a catch basin and pipe on SE 208th St, digging a ditch on Kensington Ave S and on 105th Pl SE, repairing a large sink hole on Frager Rd S, performing a manhole frame and lid change out on 108th Ave SE and will pot hole to find underground utilities on E Chicago St. Crews will also be taking inventory of the outfall near 144th Ave SE, cleaning storm lines on W Meeker St and will be cleaning lines in advance of the TV Truck on 104th Ave SE and on W Valley Hwy removing debris from the pipe so that clear video can be taken of the structure’s interior. Additionally, crews will be pumping sediment from sumps in storm 5.B Packet Pg. 13 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 9 | Page structures at 116th Ave SE and 114th Ave SE and then assessing at E Walnut St and E Maple St for structural and water quality integrity per the National Pollutant Discharge Elimination System (NPDES) federal guidelines. Sewer • Sewer crews are cleaning the Frager sewer basin on Veterans Dr N, pulling a pump at the Frager station to send in for balancing and taking inventory of easements on East Hill and West Hill. They are also TV inspecting the storm and sewer systems on SE Kent Kangley Rd, 132nd Ave SE, SE 256th St, and 100th Pl SE by camera. Fleet/Warehouse • Fleet has 5 vehicles at body shops for repairs and a Vactor waiting for the power take-off (PTO) to be rebuilt. They are also preparing snow equipment for the winter and repairing seasonal equipment such as mowers, pavers, backhoes, vactors, trailers and dump trucks; along with normal equipment repairs. The Radio Shop will be installing a light bar on the Bear Cat, an armored SWAT vehicle. • Warehouse staff continue with CDL training, fulfilling work orders, maintaining supply levels and repairing small equipment. 5.B Packet Pg. 14 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Pending Approval Kent City Council City Council Special Meeting Minutes September 17, 2019 Date: September 17, 2019 Time: 5:01 p.m. Place: Crystal Mountain Hall at Kent Commons SPECIAL CITY COUNCIL MEETING AGENDA - 5 P.M. 1. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Councilmember Present Marli Larimer Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 2. OTHER BUSINESS Mayor Dana Ralph discussed a resolution before Council that would allow for the Crystal Mountain Hall at Kent Commons to be the temporary location for Council meetings while the Council Chambers are being renovated. A. Resolution Designating the Crystal Mountain Hall at Kent Commons as Temporary Location for Meetings of the City Council During the Temporary Unavailability of the Council Chambers in City Hall - Adopt MOTION: Adopt Resolution No. 1992, designating the Crystal Mountain Hall in the Kent Commons located at 525 Fourth Avenue North, Kent, WA 98032, as the temporary meeting location for regular meetings of the City Council until the Council Chambers located in City Hall becomes available for meetings. RESULT: ADOPTED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Ralph, Kaur, Higgins, Thomas, Fincher 3. ADJOURNMENT 8.A.1 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Special Meeting Minutes September 17, 2019 Kent, Washington Page 2 of 2 Meeting ended at 5:03 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval City Council Workshop Workshop Special Meeting Minutes September 17, 2019 Date: September 17, 2019 Time: 5:05 p.m. Place: Crystal Mountain Hall at Kent Commons I. PRESENTATIONS 1. 2020-2024 Human Services Master Plan and 2020-2024 CDBG Consolidated Plan Process Update Human Services Manager, Merina Hanson briefly discussed the 2020-2024 CDBG Consolidated Plan and noted that this item will be presented in greater detail in mid-October. Hanson discussed at length the importance of community engagement and outreach in regards to the Human Services Master Plan. High level issues and common themes throughout the region were identified by analyzing the data themselves. Those high level themes include: Equity, Resilience and Community Well-Being and Opportunity. A draft of the first Human Services mission statement and guiding principals were developed as a result of the outreach in order to help drive the departments planning and future work. "Create a healthy, thriving, and inclusive community for all Kent residents by ensuring access to opportunity and high quality services." - Maintain a safety net of service for Kent's most vulnerable residents, while remaining flexible enough to respond to emerging needs. - Focus on data driven, upstream investments that target root causes and reduce the demand for costlier interventions later. - Honor and respect the rich diversity within the City of Kent and strive to ensure our services are accessible and culturally relevant. - Recognize, respect, and build on the strengths of individuals, families, and our community. - Strive to move people along the continuum to stability, promoting maximum independence. - Value and promote collaboration and coordination at every level, including amongst City divisions, local governments, non-profit agencies, private funders, and our residents. Hanson noted that when values were discussed there was a shift in their focus. Person-centered over service-centered, strength based over deficit- 8.A.2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 5 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Special Meeting Minutes September 17, 2019 Kent, Washington Page 2 of 4 based, innovation over tradition, integrated over fragmented, prevention over crisis and sustainability over deficit. Hanson stated that the feedback on priorities surprised them. Some of that feedback that they found surprising was a lack of focus on youth age 16-24, and on the other end of the spectrum was a clear need to add a priority related to aging. Draft Priorities and Goals: A Good Start - focused on children and youth and being ready and successful in school Aging Well - helping older adults thrive in the community as they age Individual and Community Well-Being - 4 goals under this one priority; 1. Community members feel safe, welcomed and included in social, civic and economic life; 2. Individuals and families have the opportunity to consistently meet their basic needs; 3. Residents have opportunities to improve their economic condition, build assets, and improve their long-term security; 4. Residents can access resources to achieve quality physical, and mental well- being. Homelessness - provide access to homelessness prevention and housing assistance services and create an engaged and informed community regarding homelessness solutions. Mayor Ralph commended the engagement of the Human Services team as well as acknowledged the huge ask for them to serve the region as well as our backyards. Hanson discussed Human Services funding in the City versus other municipalities in the region and how it is a struggle with the growing population. She spoke about investing more in the community in regards to prevention and intervention services, as well as a method for leveraging our position as a stronger regional partner to help drive policy. Councilmember Higgins inquired about public input during Human Services Commission meetings. Higgins would like to see if there is a way to reach back out to those that were a part of the outreach and provide updates. Councilmember Thomas suggested adding the word "safe" to the Human Services Mission Statement. 2. Levee Update Mike Mactutis provided a detailed presentation regarding the Green River and more specifically the levee repairs. Mactutis spoke about 1920's flooding and how there has been some local 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 5 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Special Meeting Minutes September 17, 2019 Kent, Washington Page 3 of 4 flooding in recent years, but nothing major since 1961 because of the continued protections being made. Mactutis noted the importance of protecting the Green River Valley from both an economic and environmental standpoint. It is a center for development in that 1/8 of the state's gross domestic product is represented here. The Green River Valley is the second largest warehouse district on the west coast, and the fourth largest in the country. Mactutis then discussed the importance of preserving the salmon populations. All species of salmon are present here, including Endangered Species Act listed Chinook salmon, steelhead and bull trout. The various levee projects along the Green River were discussed, including where they are at in the repair process. - Briscoe Desimone Levee Flood Wall: Completed in 2016 - Upper Russell Levee: Completed in 2017 - Boeing Levee Flood Wall: Completed in 2013 - Riverbend Golf Course Levee: Completed in 2008 - Hawley Road Levee: Completed in 2017 - Foster Park Setback Levee: Completed in 2010; need to improve 100-year levee to 500-year flood protection - Horseshoe Bend Setback Levee and Flood Wall: Completed in 2017; need to improve 100-year levee to 500-year flood protection - Lower Russell Levee: Construction started in 2019 and will likely be the biggest project of them all - Signature Pointe Levee: ILA, design and real estate stages and will be the longest distance levee project - Milwaukee 2 Levee: ILA, real estate and Union Pacific Railroad coordination stages - Frager Road and Kent Airport Levee: Improve left bank levees to 500-year flood protection - SR 516 to S. 231st Way and Hawley Rad Levee: Improve to 500-year flood protection Council President Boyce inquired about the 500-year standard and how it is calculated. Mactutis discussed the precipitation predictions and statistical analysis to calculate the 500-year events. The U.S. Army Corps of Engineers provides updates annually before the winter hits. A scan of the ocean is done to see how much precipitation is coming. These are called atmospheric rivers, but more commonly known as "pineapple express". Mactutis discussed how environmental permitting is always a challenge by the water, and more so right along the river. These permits need approval by 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 5 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Special Meeting Minutes September 17, 2019 Kent, Washington Page 4 of 4 Muckleshoot Tribe, Washington Department of Fish and Wildlife, US Army Corps of Engineers as well as the Washington State Department of Ecology. Habitat Restoration projects are underway: - Teufel Nursery - Downey Farmstead Side Channel - Riverview Park Side Channel - Leber Homestead Backchannel Councilmemeber Higgins pointed out how far the City has come just over the past 10 years and commended the team on playing a vital role in advocating for businesses, residences and commerce as well as the huge amount of economic activity done in the valley. Troutner recognized the expertise that the team has and how well we are represented in the region as a whole. Councilmember Fincher expressed her appreciation for the work that is done by this team and for the incredible updated photos. Councilmember Boyce adjourned the meeting. Meeting ended at 6:32 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 5 : 0 5 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes September 17, 2019 Date: September 17, 2019 Time: 7:00 p.m. Place: Crystal Mountain Hall at Kent Commons 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Councilmember Present Marli Larimer Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson removed item 8.D - Excused Absence for Councilmember Larimer and added item 11.B an executive session to discuss pending litigation, RCW 42.30.140(1)(I). A. Approve the agenda as amended RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS A. Public Recognition None. B. Proclamation for Welcoming Week Mayor Ralph presented the Proclamation for Welcoming Week to the new Project Feast Executive Director, Van Nguyen. Nguyen expressed her appreciation of the proclamation and thanked the Council for their support. C. Proclamation for Diaper Need Awareness Week 8.A.3 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 2 of 8 Mayor Ralph presented the Proclamation for Diaper Need Awareness Week to Cecilia Martinez Vasquez. Vasquez expressed her appreciation of the proclamation and thanked the Council for their continued support. D. Recognition of Wildberry Neighborhood Council Toni Azzola, Neighborhood Programs Coordinator, provided details regarding the City's neighborhood program. Mayor Ralph and Azzola recognized the Wildberry Neighborhood Council as the City's 48th Neighborhood Council. Visit KentNeighborhoodProgram.com for details regarding the program. E. Appointment to Bicycle Advisory Board Mayor Ralph recognized Joe Cimaomo as her recommendation to be appointed to the Kent Bicycle Advisory Board. Cimaomo expressed his appreciation for being appointed to the board and discussed his use of the downtown Kent bicycle trails and the opportunities that he sees on a regular basis. F. Community Events Council President Boyce provided details on recent and upcoming events at the accesso ShoWare Center. Councilmember Higgins discussed the Team Up to Clean Up event during the upcoming weekend at Kearson Park and the Golden Steer Restaurant. Councilmember Fincher advised of the reopening of Morrill Meadows Park on Thursday September 19th at 4 p.m. Fincher also noted the upcoming Parks Spotlight Series Events. Mayor Ralph noted that on Friday September 20th at 11:30 a.m. there will be a Thunderbirds flag raising at City Hall to show continued support for the local hockey team. G. Public Safety Report Chief provided a brief background of the officer being sworn in and Mayor Ralph performed the swearing in of Officer Jaclyn Adams. Chief Padilla bestowed an award for Citizen's Commendation to Pastor Lawrence C. Boles III of Redeemed by the Blood Pentecostal Church. Pastor Boles has dedicated his life to community service particularly in regards to youth and gangs. Over the past few years Pastor Boles has served on the Diversity Task Force and has been a source for Chief Padilla for even longer. Pastor Boles and Chief Padilla have aimed focus in the area of 108th Avenue Southeast and Southeast 240th Street. Pastor Boles focused on community walks and outreach to the residents in the area, helping to gather real 8.A.3 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 3 of 8 information. The common themes and concerns for this area were a lack of youth activity and resounding conversation regarding the presence of gangs. The culmination of these conversations was the Celebration Community BBQ in the Mosaic Hills Apartment Complex on August 31st with over 200 people in attendance. There were vendors with access to jobs, YMCA, school supplies, parks program information and a mobile barber shop for children returning to school. Pastor Boles expressed his appreciation to Council and Chief Padilla. He discussed events already in the works for 2020 because of the huge response to the Celebration Community BBQ. His goal is to have an impact at the City of Kent and that it is a lifetime of work. Mayor Ralph expressed her appreciation to Pastor Boles and all that he has done and will do for the community. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report Mayor Ralph discussed her recent meeting for the Regional Planning Committee for I-405 and SR-167. She discussed how during the legislative session last year, both Kent and Auburn were advocating for a master plan for the 167 corridor. Funds are being spent on the 405 corridor, but without a master plan for 167 then the funding and projects would be focused mainly to the north. There was a kick off last week for this master plan to discuss needs such as HOT lanes and interchanges in regards to capacity. Mayor Ralph reported that last week was the third and final walk for Kent Walks. This was an opportunity for the Mayor as well as representatives from the Police, Parks and Public Works Departments to meet with the public to discuss their concerns in their particular neighborhoods. The last walk was held in the Scenic Hill neighborhood and their concerns were sidewalks, code enforcement and safety concerns in regards to lighting and trees. Mayor Ralph serves on the South County Area Transportation Policy Board, and at their recent meeting they had a presentation from the Port of Seattle regarding work they are doing in the maritime realm. They discussed the increasing of deep-water ports for cargo ships as well as the capacity for cruise ships. Ralph noted how greatly the regional economy is influenced by the cruise ships coming to the area. Lastly, Mayor Ralph addressed concerns brought up at the last Council meeting regarding safety and the locking of business doors. Ralph acknowledged that this was a concern for the entire Council. After conversations were had with City staff, Mayor Ralph confirmed that 8.A.3 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 4 of 8 businesses are allowed to lock their doors. She noted that there was confusion regarding front doors and emergency exits. Mayor Ralph reaffirmed that there is not a rule that says you cannot lock the front door of your business while you are in there, though you have to have adequate emergency exits. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised that his written report is in today's agenda packet and there is an Executive Session to discuss collective bargaining and pending litigation that is expected to last for 30 minutes with no action anticipated. C. Councilmember's Reports Council President Boyce discussed the workshop earlier in the evening, including a presentation by Human Services Manager, Merina Hansen concerning the Human Services Master Plan as well as a levee update presented by Environmental Engineering Manager, Mike Mactutis. Council President noted the YMCA grand opening last week and expressed his excitement for all that this facility will bring to the community. Councilmember Larimer serves on the King County Aging and Disability Advisory Council and spoke about a group petitioning the council to reconsider funding decisions for the senior centers. Larimer was able to counter their argument and explain the role the Kent Senior Center plays in providing services to seniors throughout the region. Councilmember Larimer sits on the Affordable Housing Committee and the next meeting will be held on September 20th. Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. They received an update on wildfire smoke impacts on the region and how this last year was mild compared to others. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council and their next meeting will be held on September 25th. Councilmember Higgins serves on the Sound Cities Association Regional Transit Committee which will meet on September 18th. Councilmember Higgins chairs the Public Works Committee, report is in the minutes. Councilmember Troutner chairs the City’s Public Safety Committee and 8.A.3 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 5 of 8 discussed their last meeting in which they received a presentation from Prosecuting Attorney, Sara Watson on the DUI Court. Councilmember Troutner serves on the Law and Justice Safety Committee which will meet on September 26th. Councilmember Thomas chairs the City’s Operations Committee, and advised the report is in the minutes. Councilmember Fincher serves on the City’s Arts Commission and discussed the traffic signal control box artwork as well as the artwork for the 277th station and highline stations for Sound Transit. Councilmember Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Oversight Committee and their next meeting will be held on September 26th. Councilmember Fincher serves on the Sound Cities Association King Conservation District Advisory Committee and the next meeting will be September 18th. During a subcommittee meeting of the Urban Forestry Group they chose three projects to move forward on, one of which will be a tree count in one of our neighboring cities. 6. PUBLIC HEARING A. First Public Hearing on the 2020 Mid-Biennium Budget Adjustment Mayor Ralph opened the public hearing. Finance Director, Paula Painter discussed the balancing of the budget at the end of 2018. She explained that the mid-biennium budget adjustment is to allow for any necessary revisions to be made due to unforeseen circumstances. No public testimony. No written comments submitted. B. Move to close the public hearing RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher C. First Public Hearing on the 2020-2025 Capital Improvement Plan 8.A.3 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 6 of 8 Mayor Ralph opened the public hearing. Finance Director, Paula Painter explained that this public hearing is an opportunity for the public to speak on the 2020-2025 Capital Improvement Plan and its incorporation into the Capital Facilities Element of the Kent Comprehensive Plan. No public testimony. No written comments submitted. D. Move to close the public hearing RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT Valentin Caspaar discussed concerns regarding the locking of business doors while facilities are occupied. Beverly Williams discussed the Mill Creek Canyon Earthworks Park and her concerns about homeless encampments. Williams requested that Mayor Ralph walk the park with her to see the issues in person. Tim Brown discussed his concerns regarding the homeless encampments in the Mill Creek Canyon and Earthworks Park Trail. He also expressed his appreciation in the work that the Kent Police Department has been doing to clear the camps out. Janice Allen discussed her concerns regarding the water pressure in the Wildberry Neighborhood. 8. CONSENT CALENDAR RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Sep 3, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Sep 3, 2019 7:00 PM 8.A.3 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 7 of 8 B. Resolution Recognizing the Wildberry Neighborhood Council - Adopt MOTION: Adopt Resolution No. 1993, recognizing the Wildberry Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. C. Appoint Joe Cimaomo to the Kent Bicycle Advisory Board - Confirm MOTION: Confirm the appointment of Joe Cimaomo to fill a vacant position on the Kent Bicycle Advisory Board, for a two year term that will expire on March 31, 2021. 9. OTHER BUSINESS A. Resolution Repealing the Council Rules and Procedures and Adopting New Council Bylaws, Rules, and Procedures, and Creating Committee of the Whole - Adopt Matheson discussed the resolution before the Council. This resolution would improve the flow of communication to Councilmembers, deciding by consensus what items would move to the consent calendar or other business for Council to take action on. City Attorney, Pat Fitzpatrick discussed housekeeping that is being done in the adoption of this resolution in regards to policy and procedure. Troutner made mention that this will make for a stronger Council with better communication. Higgins discussed the positive impacts that going in this direction will have on Council and staff. Council President Boyce discussed the idea of "One Kent" and how establishing this committee will reaffirm this idea. MOTION: Adopt Resolution No. 1994, repealing the current Kent City Council Rules and Procedures, and adopting new Kent City Council Bylaws, Rules and Procedures. RESULT: ADOPTED [6 TO 0] MOVER: Dennis Higgins, Brenda Fincher AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Fincher AWAY: Thomas B. Ordinance Amending KCC 2.01.020 by Eliminating Subsection D relating to Council Workshops - Adopt 8.A.3 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes September 17, 2019 Kent, Washington Page 8 of 8 Mayor Ralph discussed how the newly established Committee of the Whole will allow for holistic discussions about the happenings in Kent. She believes the change will be a positive one for both the community and the Councilmembers. MOTION: Adopt Ordinance No. 4334, repealing subsection D of KCC 2.01.020 relating to council workshop meetings. RESULT: ADOPTED [6 TO 0] MOVER: Toni Troutner, Councilmember SECONDER: Bill Boyce, Council President AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Fincher AWAY: Thomas 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining, RCW 42.30.140(4)(a) B. Pending Litigation, RCW 42.30.110(1)(i) At 8:27 p.m., the Council went into Executive Session. At 9:01 p.m., the Council reconvened following Executive Session and no action was taken. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 9:02 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 28 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 1 7 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: October 1, 2019 TO: Kent City Council SUBJECT: Payment of Bills MOTION: Approve the payment of bills received through 8/15/19 and paid on 8/15/19 and bills received through 8/31/19 and paid on 8/31/19, and approve the checks issued for payroll for 8/1/19-8/15/19 and paid on 8/20/19 and checks issued for payroll 8/16/19-8/31/19 and paid on 8/5/19, after auditing by the Operations Committee on 9/5/19. 8.B Packet Pg. 29 Approval of payment of the bills received through-----08/15/19 and paid 08/15/19 Approval of checks issued for Vouchers: Date Amount 08/15/19 Wire Transfers 8000 8014 $2,293,404.54 08/15/19 Regular Checks 737507 738012 $7,178,911.82 08/15/19 Payment Plus 101488 101518 $172,823.81 Void Checks ($585.75) 08/15/19 Use Tax Payable $3,040.47 $9,647,594.89 Approval of payment of the bills received through-----08/31/19 and paid 08/31/19 . Approval of checks issued for Vouchers: Date Amount 08/31/19 Wire Transfers 8015 8032 $2,057,363.89 08/31/19 Regular Checks 738013 738475 $8,470,768.09 08/31/19 Payment +101519 101539 $53,581.00 Void Checks $0.00 08/31/19 Use Tax Payable $354.71 $10,582,067.69 Approval of checks issued for Payroll:8/1/19-8/15/19 and paid 8/20/2019 Date Amount 8/20/2019 Checks 0 Voids and Reissues 8/20/2019 Advices 434889 435768 $1,857,139.82 $1,857,139.82 Approval of checks issued for Payroll:8/16/19-8/31/19 and paid 9/5/2019 Date Amount 9/5/2019 Checks $0.00 Voids and Reissues 9/5/2019 Advices 435769 436656 $1,852,084.26 $1,852,084.26 Document Numbers Document Numbers Document Numbers Document Numbers 8.B Packet Pg. 30 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Set October 15, 2019 as the Date for the Public Hearing on the Comprehensive Plan/Capital Facilities Element Amendment to Incorporate School District Capital Facilities Plan and Update to Kent City Code Chapter 12.13, School Impact Fees MOTION: Set October 15, 2019 as the Date for the Public Hearing on the Comprehensive Plan/Capital Facilities Element Amendment to Incorporate School District Capital Facilities Plan and Update to Kent City Code Chapter 12.13, School Impact Fees. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Innovative Government, Sustainable Services 8.C Packet Pg. 31 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Set October 15, 2019 as the Date for the Second Public Hearing on the 2020 Mid-Biennium Budget Adjustment MOTION: Set October 15, 2019 as the Date for the Second Public Hearing on the 2020 Mid-Biennium Budget Adjustment. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services 8.D Packet Pg. 32 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Set October 15, 2019 as the Date for the Second Public Hearing on the 2020-2025 Capital Improvement Plan MOTION: Set October 15, 2019 as the Date for the Second Public Hearing on the 2020-2025 Capital Improvement Plan. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services 8.E Packet Pg. 33 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Set October 15, 2019 as the Date for the Public Hearing on the 2019 Tax Levy for the 2020 Budget MOTION: Set October 15, 2019 as the Date for the Public Hearing on the 2019 Tax Levy for the 2020 Budget. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services 8.F Packet Pg. 34 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Set October 15, 2019 as the Date for the Public Hearing to Consider Declaring Certain Public Utility Equipment and Materials Surplus MOTION: Set October 15, 2019 as the Date for the Public Hearing to Consider Declaring Certain Public Utility Equipment and Materials Surplus. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Innovative Government, Sustainable Services 8.G Packet Pg. 35 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Puget Sound Energy Schedule 74 Underground Conversion Project Construction Agreement – Fourth Avenue and Willis Roundabout – Authorize MOTION: Authorize the Mayor to sign a Schedule 74 Underground Conversion Construction Agreement with Puget Sound Energy in an amount not to exceed $ 112,430. to underground existing overhead power in the vicinity of the Willis Street and 4th Avenue South intersection, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Under this Schedule 74 Underground Conversion Construction Agreement, Puget Sound Energy will underground existing overhead power in the vicinity of the Willis Street and 4th Avenue South intersection after completion of the City’s joint utility trench construction project. This work is being completed in advance of the 4th and Willis Roundabout project. The construction agreement with Puget Sound Energy addresses the cost sharing obligations between the City and Puget Sound Energy. The City will need to reimburse Puget Sound energy for 40% of the construction costs. BUDGET IMPACT: These construction agreement costs will be paid for with state grant funding. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Schedule 74 Construction Agreement (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.H Packet Pg. 36 Construction Agreement, Attachment “B” to Schedule 74, Page 1 Intersection of Willis St and 4th Ave S. – Kent Sch74 SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: Kent Willis and 4th – Sch74 Conversion Project Number: 101118283 THIS Agreement, dated as of this ______ day of _______________, 20____, is made by and between __The City of Kent____, a _Municipal Corporation_____ (the “Government Entity”), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the “Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of _March 11th, 2019_ (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) “Company-Initiated Upgrade” shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) 8.H.a Packet Pg. 37 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 2 Intersection of Willis St and 4th Ave S. – Kent Sch74 of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity (system amperage class) of the overhead system being replaced. (c) “Estimated Reimbursable Private Conversion Costs” shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) “Estimated Reimbursable Temporary Service Costs” shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) “Estimated Reimbursable Upgrade Costs” shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) “Estimated Shared Company Costs” shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) “Estimated Shared Government Costs” shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) “Government-Requested Upgrade” shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) “Party” shall mean either the Company, the Government Entity, or both. (j) “Private Property Conversion” shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) “Project Plan” shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (l) “Operating Rights” shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) “Reimbursable Private Conversion Costs” shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities 8.H.a Packet Pg. 38 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 3 Intersection of Willis St and 4th Ave S. – Kent Sch74 replacement program, plus (iii) just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) “Reimbursable Temporary Service Costs” shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) “Reimbursable Upgrade Costs” shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) “Shared Company Costs” shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) “Shared Government Costs” shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) “Total Shared Costs” shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) “Work” shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). (t) “Work Schedule” shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): 8.H.a Packet Pg. 39 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 4 Intersection of Willis St and 4th Ave S. – Kent Sch74 i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. 8.H.a Packet Pg. 40 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 5 Intersection of Willis St and 4th Ave S. – Kent Sch74 (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, 8.H.a Packet Pg. 41 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 6 Intersection of Willis St and 4th Ave S. – Kent Sch74 schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. 8.H.a Packet Pg. 42 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 7 Intersection of Willis St and 4th Ave S. – Kent Sch74 (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. 8.H.a Packet Pg. 43 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 8 Intersection of Willis St and 4th Ave S. – Kent Sch74 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons’ and entities’ Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 8.H.a Packet Pg. 44 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 9 Intersection of Willis St and 4th Ave S. – Kent Sch74 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party’s performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of $_________ per occurrence and $__________ aggregate for personal injury; and $_________ per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $___________. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. 8.H.a Packet Pg. 45 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 10 Intersection of Willis St and 4th Ave S. – Kent Sch74 (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. 8.H.a Packet Pg. 46 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Construction Agreement, Attachment “B” to Schedule 74, Page 11 Intersection of Willis St and 4th Ave S. – Kent Sch74 (l) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: City of Kent 400 West Gowe Kent, WA 98032 Attn: Thomas Layrer Phone: 253-856-5562 If to the Company: Puget Sound Energy, Inc. 6905 South 228th St Kent, WA 98032 Attn: Hong Nguyen Phone: 425-449-6609 Any Party may change its address specified in this Section 13(l) by giving the other Party notice of such change in accordance with this Section 13(l). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: CITY OF KENT PUGET SOUND ENERGY, INC. BY BY ITS ITS Date Signed Date Signed Approved as to form: 8.H.a Packet Pg. 47 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n 101118283   Exhibit "A" Project Plan Schedule 74 Underground Conversion City of Kent – Willis St and 4th Ave S. Schedule 74 PSE Project Number: 10118283 August 6, 2019 Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan, PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an equivalent Underground Distribution System. This Project Plan describes the scope of construction work (the "Construction Work") to be performed by PSE and the City of Kent (the "City") for the conversion of certain PSE electrical distribution system facilities as described herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon and shall commence only after both written acceptance of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City and PSE. This Project Plan includes and consists of: • Description of the Construction Work to be performed • Construction Drawings, Standards, Specifications and Requirements for the Construction Work (attached) • Operating Rights to be obtained for the Conversion Project (attached) • Construction Work Schedule • Construction Costs Estimate Summary (attached) Revisions to this Project Plan must be mutually approved bv the City and PSE. Construction Work This Conversion Project will replace PSE's existing overhead and install new electrical distribution system with an Underground Distribution System within the following area (the "Conversion Area"): intersection of Willis Street (SR 516) and 4th Avenue S, Saar Street, and West Willis Street. The Conversion Project has no modifications or replacement of existing services lines within the Conversion Area. This project will include the removal of PSE's existing overhead electric distribution facilities (including PSE distribution poles and pole mounted street lights) from the Conversion Area. There are no Company Initiated Upgrades in the Conversion Project Scope of Work. City requested upgrades included in this project consist of: None City of Kent Page I 8.H.a Packet Pg. 48 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n h City Responsibilities Responsibilities of Parties a) At least ten (10) business days prior to the scheduled commencement of Construction Work, hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related premobilization requirements. b) At least ten (10) business days prior to the scheduled commencement of Construction Work, give PSE written notice to proceed with the Construction Work to allow for delivery of PSE materials to the job site and scheduling of PSE's on-site Inspector. c) Provide written notice to customers within the Conversion Area in advance of Conversion Project Construction Work start. The notice will include contact information for both the City and PSE, the expected Conversion Project schedule, anticipation of service interruptions and work required to be performed by customers. d) Coordinate other utility conversion, removal and relocation from PSE's poles. e) Provide all surveying for equipment placement, locations, and establish all grade elevations for the Underground Distribution System within the Conversion Area. f) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and coordination for installation of the Underground Distribution System. This includes trenching, backfill, and restoration for cut-over and transfer of existing underground system and service lines from the existing overhead distribution system to the new Underground Distribution System. g) Provide flagging and traffic control as required for all work performed by the City. h) Install and proof all ducts and vaults for the Underground Distribution System (excluding work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities) in accordance with PSE standards and specifications using ducts and vaults provided by PSE. "Proofing" as used herein is defined as verification using a mandrel that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. i) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's vault supplier. j) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The City shall be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE's custody. k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to the job site. City of Kent Willis St and 4th Ave S. . Page 2 8.H.a Packet Pg. 49 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 3   1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination meetings to include all relevant parties participating in the conversion including PSE and its contractor(s), the City and its contractor(s), and other utilities. m) Provide any necessary operating rights for the installation of PSE's facilities in accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City. Operating rights are further addressed in the Operating Rights section of this Project Plan. n) Modify, reroute or replace service lines to City owned facilities to connect to the Underground Distribution System. o) Following notification from PSE that Construction Work is complete; provide to PSE any Shared Government Costs as provided for in the Construction Agreement. Puget Sound Energy Responsibilities a) Following notice from the City, deliver or cause to be delivered all duct and vault materials to the designated staging/storage area(s). Acknowledge delivered quantities and condition of duct and vault materials by signing shipping manifests. b) Following notice from the City, provide inspection services needed for overseeing the proper installation of ducts and vaults by the City. c) Accept delivery of the completed duct and vault system once the new system has been proofed (as described above) by the City. PSE will provide a mandrel to the City to be used in proofing of the duct and vault system. d) Provide PSE electrical workers to complete duct installation and proofing when such work is performed at or in any energized vault containing energized cables or equipment. e) Install (except for ducts and vaults installed by the City) and energize the Underground Distribution System. Provide written notice to the City when the Underground Distribution System is energized. f) Perform cut-over and transfer of existing Underground Distribution System and existing underground service lines from the overhead distribution system to the new Underground Distribution System where applicable (see City Responsibility item "f' concerning trenching responsibility). PSE will notify the City for excavation and the affected customers at least two (2) business days prior to installation, transfer, and connection of underground service lines. Affected service lines are listed in the Service Lines section of this Project Plan. g) Install and connect replacement underground service lines to single family residences and connect modified and replacement non-residential underground service lines provided by customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in the Service Lines section of this Project Plan. h) Remove the existing overhead electric distribution system including, conductors, equipment, down guys, anchors and poles after all service lines to customers within the Conversion Area are connected to the Underground Distribution System and all other utilities have been removed from PSE's poles. Holes left following removal of poles will be filled with crushed rock and compacted in accordance with applicable City standards or specifications. 8.H.a Packet Pg. 50 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 4   i) Provide flagging and traffic control as required for all work performed by PSE (except as may otherwise be reasonably provided by the City during installation of ducts and vaults in conjunction with City performed trenching, excavation, back-fill and restoration). j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination meetings facilitated by the City and its contractor during periods of Conversion Project construction. Operating Rights The Underground Distribution System will be located within Public Thoroughfare and no additional operating rights will be required for the construction of this conversion project. Construction Work Schedule The Construction Work will be performed in accordance with the following Work Schedule, unless this schedule is revised by mutual agreement of the City and PSE or circumstances beyond the reasonable control of the City and/or PSE preclude such performance. Installation of ducts and vaults: Will be 2019 construction and is anticipated to be (25) working days for duct and vault. Installation and energization. of the Underground Distribution System: Will be energized in 2019 and is anticipated to take approximately (26) working days. Removal of overhead facilities: Poles P01 (314147-165230), P02 (314131-165214), P04 (3141322-165247) & P07 (314096-165227) will be removed in 2019 and is anticipated to take approximately two days for removal of PSE's overhead system. Poles will be removed once all utilities have removed facilities off the poles. Installation and removal of Temporary Service: Temp services requested to be done on a different project. Work Schedule Restrictions: No work restriction anticipated at this time. Construction Cost Estimate The estimated costs to perform the Construction Work and the allocation of costs between the parties are presented in the attached Construction Costs Estimate Summary. These estimated costs are valid for ninety (90) days from the date shown on the attached Construction Costs Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully executed within ninety (90) days from this date, the estimated costs shall be subject to revision. The scope of work provided for in the previously executed Design Agreement has been completed with written acceptance of this Project Plan by the City and PSE. The Construction Cost Estimate summary reflects and provides for Construction Work costs commencing with PSE attendance at the required pre-construction meeting and receipt of the City's written notice to proceed with Construction Work. Work performed and/or costs incurred by PSE in response 8.H.a Packet Pg. 51 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 5   to City request following acceptance of the Project Plan and prior to the pre-construction meeting are not included in the Construction Cost Estimate Summary, and shall be subject to addition to the Construction Cost Estimate by revision as described below. Estimated Inspection and Service Provider Outside Services costs are based on being constructed in 2019. Any work in 2020 will be subject to change order at the 2020 contract construction rates. Costs/or Construction Work performed by PSE outside of the projected corresponding construction years shall be subject to revision to reflect PSE Service Provider contract rates which become effective in January of 2020. Changes in Construction Work scope, performance and/or schedule can result in actual Construction Costs that differ from estimated costs shown in the Construction Cost Estimate Summary. In the event performance of the Construction Work cannot or does not proceed substantially as provided in this Project Plan, such changes shall promptly be brought to the attention of PSE and the City when anticipated or known and shall be documented in a revision to the Construction Cost Estimate Summary (a "Cost Estimate Revision") mutually agreed and executed by the City and PSE. Project Assumptions The project design, construction plans and cost estimates are based on and reflect the following assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change or an equitable adjustment to project compensation under Section 6 of the Construction Agreement and addressed by a Cost Estimate Revision. Cost Assumptions 1. The Construction Work will be performed in accordance with the Construction Drawings and Construction Work Schedule. 2. PSE's Project Manager will accept or reject (with written justification) the duct and vault installation work performed by the City within five (5) business days' notice of completion from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written justification), the City will perform the necessary remedial work. The City will then re- notify PSE and PSE shall have five (5) business days to accept or reject the remedial work. 3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling equipment and methods. 4. A City Street Use permit is the only permit necessary for PSE to perform its work for this Conversion Project and will be issued within two (2) weeks of PSE submitting a complete permit application (including any supporting documentation reasonably required by the City). There will be no charge for the permit or inspection fees. 8.H.a Packet Pg. 52 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 6   5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's contractor opening a minimum of (60) feet of trench per working day. The daily productivity rate is used to estimate the number of days a PSE Inspector will be required during installation of ducts & vaults. The Inspector will be scheduled in full day increments and in one continuous effort. Changes to a continuous schedule require a minimum of five (5) days advance notice and must be mutually agreed between the City and PSE. 6. Attendance by PSE's Project Manager at scheduled weekly construction coordination meetings is included and reflected in the Construction Cost Estimate during periods when the PSE ducts and vaults are actively being installed and when the PSE line crew is performing installation, energization, cut-over and removal work. Attendance at additional meetings that may be requested/required during other periods will be addressed by a Cost Estimate Revision. 7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple channelization. Additional traffic control measures are not included and if requested/required will be addressed by a Cost Estimate Revision. 8. Work to be performed by PSE does not include installation and/or removal of Temporary Service facilities at the request of others during construction. 9. Cut-over and transfer work will be completed during regular working hours as described in Schedule Assumption #3 below. Changes in the performance of this work will be addressed by a Cost Estimate Revision. 10. New guy anchors shall be installed prior to installation of new ducts in the same area. 11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to PSE when required for a Company Initiated Upgrade and otherwise 100% to the City. 12. Installation of protective bollards may be necessary at some locations and may not be included in the project design. In the event unplanned bollards are required, associated costs will be a Shared Cost and addressed by a Cost Estimate Revision. Schedule 1. There will be a total of two (2) PSE crew mobilizations for each of Phase One and Phase Two as follows: i) one mobilization of an underground line crew for installation of underground conductors and equipment; and ii) one mobilization of an overhead line crew for removal of the existing overhead facilities. Once mobilized, PSE crews will have continuous productive work until all PSE Construction Work is complete. 2. All PSE Construction Work will be performed during regular working hours from 7:00 am to 3:30 pm Monday through Friday excluding holidays. In the event that lane closures are necessary for performance of work, PSE shall be limited to working between the hours of 7:00 am to 3:30 pm Monday through Friday. PSE and the City will mutually agree to weekly work schedules for the Construction Work. PSE shall be allowed to perform PSE work as scheduled without changes or interruptions caused by other construction activities. 3. PSE customers within the Conversion Area will experience interruption of electric service during performance of the Construction Work when cutting over and transferring system and customer loads from the overhead distribution system to the Underground Distribution 8.H.a Packet Pg. 53 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 7   System. Cut-over and transfer work will be performed during the regular working hours specified in Schedule Assumption #2 above except as otherwise provided below. PSE will notify customers at least two (2) business days in advance of scheduled service interruptions. Additional Considerations Service Lines Service lines within the Conversion Area must be modified or replaced to provide underground service from the Underground Distribution System as listed below. Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85. New Service Connection of new or increased load for City facilities (such as new traffic signals) under terms of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. PSE Design & Construction Standards This Conversion Project has been designed and will be constructed in accordance with PSE design and construction standards in effect as of the date of this Project Plan. PSE standards applicable to Construction Work to be performed by the City have been provided to the City in PSE' s "Electric Distribution Trench/Duct/Vault Construction Standards, 2013". All relevant PSE standard described above are attached to this Project Plan by this reference. Temporary Support (Holding) of PSE Poles Whenever any pole(s) are required to be temporarily supported (held) due to excavation in proximity to such poles, the City will coordinate with PSE to provide such support. The need to temporarily support such poles shall be determined by PSE, and if required, such support shall be provided by PSE. As used herein, "temporary support" means supporting one or more poles for a continuous working period of ten hours or less. 8.H.a Packet Pg. 54 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n City of Kent – Willis Street and 4th Ave S. Page 8   Acce ptance of Pro ject Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSE:                                  BY____________________________                                                BY_______________________________                                   ITS____________________________                                      ITS_______________________________                                   Date Signed_____________________                                      Date Signed________________________  8.H.a Packet Pg. 55 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n Scope of Work To: City of Kent 400 West Gowe Kent, WA 98032 Attn: Thomas Leyer Project Description:Sch 74 OH/UG conversion Location:Willis Street and 4th Ave S PSE Project Manager:Hong Nguyen Activity: PSE Order #: 40%40%60% PSE Materials $100,304.92 PSE Construction Labor 190,344.00$ 83,592.00$ City Obligation $0.00 PSE Project Management $13,458.41 $8,863.91 PSE Obligation $0.00 PSE Inspection 33,965.00$ PSE Overheads 24,064.05$ Federal Income Tax $1,286.45 $34,176.27 Total Actual Costs:$14,744.86 $391,718.15 $83,592.00 TOTAL PROJECT VALUE:3 Date:12/31/2018 FACILITY CONVERSION/MODIFICATION BILLING DETAIL The City of Kent requests PSE to convert OH/UG Sch74 at the intersection of Willis Street (SR 516) and 4th Ave S. The associated with the portions of this projec are 40% reimbursable to PSE. Customer Installed Duct and VaultPSE Construction Cost Estimate 101118283 101118283 PSE Design Cost Change Orders City of Kent Credit for D+V: 101118283101118283 City Cost Share City Cost Share PSE Cost Share City of Kent Obligation Incl/CO's:$162,585.20 $112,430.00 ($50,155.20) $490,055.00 City of Kent Invoice/Credit Amount: Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868 Billing Detail Form 5/01 8.H.a Packet Pg. 56 At t a c h m e n t : S c h e d u l e 7 4 C o n s t r u c t i o n A g r e e m e n t ( 1 9 6 2 : P u g e t S o u n d E n e r g y S c h e d u l e 7 4 U n d e r g r o u n d C o n v e r s i o n P r o j e c t C o n s t r u c t i o n DATE: October 1, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with KPG, P.S. for the Fourth and Willis Roundabout Drainage and Landscape Design – Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with KPG, Inc, in an amount not to exceed $78,801. for drainage and landscape design for the Willis Street and 4th Avenue South roundabout project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Under this Consultant Services Agreement, KPG will prepare drainage and landscaping plans, specifications, and cost estimates for the Willis Street and 4th Avenue South roundabout project. BUDGET IMPACT: These consultant services will be paid for with state grant funds and stormwater utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Consultant Services Agreement with KPG (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.I Packet Pg. 57 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG, P.S. organized under the laws of the State of Washington, located and doing business at 3131 Elliott Ave., Suite 400, Seattle, WA 98121, Phone: (206) 267-1062, Contact: Elizabeth Gibson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design support for storm drainage infrastructure, site elements, landscaping, irrigation, and a surface water technical information report for the 4th Ave. S. and Willis St. Roundabout project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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. Consultant shall complete the work described in Section I by July 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Eight Thousand, Eighty Hundred One Dollars ($78,801), 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 pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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: 8.I.a Packet Pg. 58 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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 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 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 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 Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. 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. 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. VII. INDEMNIFICATION. 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 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 Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.I.a Packet Pg. 59 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 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. VIII. 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. 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. 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 Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though 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. XII. WORK PERFORMED AT CONSULTANT'S RISK. 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 Consultant's own risk, and 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. XIII. 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 8.I.a Packet Pg. 60 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 VII 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 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. 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 Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this 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 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. / / / / / / / / / / / / 8.I.a Packet Pg. 61 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s CONSULTANT SERVICES AGREEMENT - 5 (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: Elizabeth Gibson KPG, P.S. 3131 Elliott Ave., Suite 400 Seattle, WA 98121 (206) 267-1062 (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 KPG - 4th & Willis Roundabout/Leyrer 8.I.a Packet Pg. 62 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i 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: _________________________________________ 8.I.a Packet Pg. 63 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i 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. 8.I.a Packet Pg. 64 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i 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: _________________________________________ 8.I.a Packet Pg. 65 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s KPG lnterdisciplinary Design City of Kent Public Works 4th and Willis Roundabout Finalstormwater, Site and Landscape Design Exhibit A - Scope of Work July 30th, 2019 Proiect Descri otion and Background The City of Kent is designing a roundabout to replace the current intersection at 4th Avenue South and Willis Street. Under a previous contract with the City managed by the Parks Planning and Development Division, KPG provided conceptual options and cost estimates for bicycle/pedestrian connectivity, green stormwater infrastructure, placemaking, gateway and wayfinding signage, and landscape design for the corridor along Willis Street stretching from the lnterurban Trail to the west edge of 3rd Avenue. As part of this previous work, KPG also performed a preliminary stormwater design analysis, documented in a Preliminary Stormwater Design Memorandum dated 6/13h9. The City of Kent Public Works Engineering Department is performing the final design of the roundabout and has requested that KPG provide design support for storm drainage infrastructure, site elements, landscaping, irrigation, and a surface water technical information report (TlR) for the entire project. Landscape and site element design for final design will be limited to providing design guidance for sidewalk layout and pedestrian crosswalk nodes, ADA ramp design, landscape and irrigation plans for the bioretention areas, and the roundabout and median strips. Site element design will include basic landscape gateway elements within the roundabout area and sidewalk and crosswalk node treatments, and pedestrian lighting features at the pedestrian crosswalk nodes. Additional landscape and urban design elements developed during the previous phase of work will not be included at this time but may be added if funding becomes available. ASSUMPTIONS ¡ This scope of this work is through Bidding Phase ¡ Project deliverables will in PDF and AutoCAD Civil3D 20L8 format ¡ See additional assumptions listed for individual Tasks PROVIDED BY KPG . CAD layout of sidewalks and pedestrian crosswalk nodes in vicinity of roundabout . ADA ramp design ¡ Surface Water Technical lnformation Report (TlR) o Final design of bioretention facilities and curb cuts, including landscape design . Recommendations for roadway illumination fixtures and armature ¡ Landscape, irrigation and pedestrian illumination design of medians and areas adjacent to the roundabout ¡ Detailed cost estimate and special provisions for elements designed by KPG ¡ See deliverables lists for individual Tasks Page | 1 4th and Willis Roundabout KPG 8.I.a Packet Pg. 66 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s I<PG f nterdisclplinary Design PROVIDED BYTHE CITY The City will provide the following items: o Electronic drawing files for ROW improvements, including: . Survey base map, including existing utility information. Proposed roadway improvements (curb and pavement lines, channelization, roadway lighting locations, utilities, grading) . Proposed stormwater conveyance improvements within roundabout paved area TAS K 1 MANAG EM ENT/ADM I N ISTRATI ON/COOR DI NATI ON Task l" Objective: Management of project team throughout the duration of the project, coordination with project owner, coordination with project team, development of invoices. Task l- Work Elements: Lt Project Management 1..2 Monthly Progress Reports and lnvoicing 1.3 Project coordínation meetings four (4), and one (1) site visit 1..4 QA/qc Task 1 Deliverables o Monthly progress reports including invoices, emailed. ¡ Meeting agendas and minutes, including summary of decisions made/needed resulting from design coordination meeting and action items. Task 1Æsumptions: The Consultant wíll provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. The Consultant will attend meetings with City Staff for project coordination, either in person or teleconferencing as necessary. The work of this task is estimated to be up to 2 months in length. K 2 FINAL DESIGN - Task 2 Objective: Consultant shall provide final design and documentation of stormwater elements for the roundabout at the intersection of 4th Avenue S and Willis Street. Task 2 Work Elements: a a a 2.1, 2.2 2.3 Page | 2 Reviewfinal roundabout design and grading prepared by the City and measure new and replaced impervious areas and delineate basin areas to proposed bioretention facilities. Coordinate with City regarding gutter grading and curb cut locations. Perform stormwater design calculations, including bioretention sizing and conveyance system hydrology and hydraulic calculations. Prepare Surface Water Technical lnformation Report to document the stormwater design. 4th and Willis Roundabout KpG 8.I.a Packet Pg. 67 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s lnterdisciplinary Design 2.4 Prepare storm drainage plans and details for stormwater elements outside of paved areas, including curb cuts. 2.5 Prepare construction cost estimate. 2.6 Prepare special provisions in WSDOTformat. Task 2 Deliverables . TIR (draft and final) ¡ Storm drainage plans and details (600/o,100%), for areas outside of paved roadwayo I0O% progress print (PDF file) prior to finalizing the 100% plans and details¡ Cost estimate (60%, rc}%) . Special Provisions (60%,1,0O%) Task 2 Assumptions: o IO0% plans, specifications, and estimate will be completed within two (2) months from Notice to Proceed. . Turnaround time for City comments will be one (L) week. o Final design of stormwater elements will be based on the design concept presented in KpG's Preliminary Stormwater Design Memorandum dated 6/13/19. ¡ The City will prepare storm drainage plans for drainage infrastructure within the paved areas of the roundabout, with pipe connections for bioretention overflow structures to be designed by KPG. Drainage conveyance calculations to be performed by KPG will include all new storm drainage infrastructu re associated with the rou ndabout. ¡ lt is anticipated that the following plan sheets will be provided for the 60% and 1O0% submittals: o L Storm Drain Plan Sheet (1-"=20') o 3 Bioretention Layout and Grading Sheets (1"=5') o L Swale Regrading Plan and Profile Sheet (1-"=30') o L Bioretention Detail Sheet ¡ The City's geotechnical consultant will provide additional infiltration testing and geotechnical recommendations for final bioretention locations. Consultant will provide sketch with required infiltration test locations. TASK 3 FINAL DESIGN - SITE.DSCAPE AND IRRIGATION Task 3 Objective: Consultant shall provide final design for site elements, ADA ramp design and landscaping for the roundabout at the intersection of 4th Avenue S and Willis Street. Task 3 Work Elements: K,PGi Prepare CAD layout of sidewalks and ADA ramps in vicinity of roundabout, and pedestrian crosswalk node areas. Provide ADA ramp design (8 ADA ramps included) and plans for pedestrian crosswalk connections in vicinity of roundabout. Prepare site element plans and details for roundabout area (including minimal gateway hardscape treatment), sidewalk finish details, pedestrian crosswalk node treatments and pedestrian lighting or accent lighting custom details as required. Prepare landscape plans and details for bioretention, sidewalk, roundabout and median 4th and Willis Roundabout KpG 3.L 3.2 3.3 3.4 Page | 3 8.I.a Packet Pg. 68 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s KPGi lnterdisciplinary Design landscaping associated with roundabout construction. 3.5 Prepare irrigation plans and details for bioretention, sidewalk, roundabout and median landscaping associated with roundabout construction. 3.6 Prepare construction cost estimate. 3.7 Prepare special provisions in WSDOT format. Task 3 Deliverables . CAD layout of sidewalks and pedestrian crosswalk nodes, including ADA ramps. . ADA Ramps, site elements, planting and irrigation plans and details (60%,tOO%) o IO0% progress print (PDF file) prior to finalizing the 100% plans and details o Cost estimate (60%, t00%) . Special Provisions (60%,IO0%) Task 3 Assumptions: . I00% plans, specifications and estimate will be completed within two (2) months from Notice to Proceed. . Turnaround time for the Cíty comments will be one (L) week. ¡ The City will provide flowline elevations and will coordinate elevations for ADA ramp design with the Consultant. The City willset grades at detectable warning surfaces across the nosing area splitter island openings for ped refuge. The City will provide channelization layout, signage and confirm crosswalk alignment options to provide adequate sight distance and setback lengths at edge of circulatory ioadway (at RAB). ¡ lt is anticipated that the following plan sheets will be provided for the 60%and l"0O% submittals: o 2 ADA Access Ramp Sheets o 1 Site Element Plan Sheets o 2 Site Element Detail Sheets o 2 Landscape Plan Sheets o 2 Landscape Schedule and Detail Sheets o 2 lrrigation Plan Sheets o 2 lrrigation Schedule and Detail Sheets ¡ Consultant will provide specifications and cut sheets for pedestrian lighting luminaire and poles and/or accent lighting fixtures (including desired locations for pedestrian lights and accent lighting) for the City's incorporation into the illumination plans. ¡ Consultant will provide recommendations for roadway luminaire fixtures and armature for review by City. o Consultant will provide any custom pedestrian illumination details for installation as required. . Project management is part of Task 1-. TASK 4 SUPPORT DURING BIDDING Task 4 Objective: Consultant shall assist the City with project advertisement and award Task 4 Work Elements: 4.1" The consultant will assist the City with project advertisement and award. This work may include response to bidder questions, preparation of addenda and other services as requested by the City. Page | 4 4th and Willis Roundabout KpG 8.I.a Packet Pg. 69 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s I<,PG lnterdlsclpllnary Deslgn Task4 Deliverables: ¡ Addenda, as required Task 4 Assumptions: a Project management is part of Task L Other Services The City may require other services of the Consultant. These Services could include other work tasks not included in the scope of work. The scope of these services will be determined at the sole discretion of the City. At the time these services are required, the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Page | 5 4th and Willis Roundabout KPG 8.I.a Packet Pg. 70 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s Exh¡b¡t B Hour and Fee Est¡mate Cl¡ent: C¡ty ol Kent Proiect: 4th and W¡ll¡s Roundabout F¡nal Stormwater and Landscape Des¡gn KPG PROJECT NUMBER: 19029 DATE: KP(G Total Hil¡s and labor Fæ Esl¡mle by Task Feê fask 1 - Pro¡ecl MânagemenvMeetings and Coordinat¡on s ', 175 00 s 632 00 $3.780.00 s 4 272 ñO $ 9,859.00 fask 2 - Final Stormwater Oesign s t 1¿o oo $ 3,544.00 $7.824.00 s 15.548.00 $ 1,304.00 $1.104.00 Task 44 0 24 0 0 0 152 0 16 0 236 $ 31,464.00 Task3-FinalSite,and lrr¡gat¡on Design CAD of $ 15.848.00 ù 5.744.OO $ 4,276.00 $2.336.00 $2.956.00 $2.7c'4.OO $ 35,460.00 Task 4 - Support Dur¡ng Bidd¡ng $'1.868.00 $ 1,868.00 $ 78,65f .fi' 15ôôO $150.00 $ 78,801.q) Hdrs I 4 24 24 60 1Â 28 Þu 116 '10 6 122 50 40 24 20 290 12 12 Total l-abof Hours and 100 47 24 2 0 58 2æ 3 26 70 598 Tolal Re¡mbuHble Expens€ Total Est¡mated Budgel Landsape Technic¡an Yãin Sh¡, Tristan Fields 0 24 24 6 70 0 CAD Tæhn¡cian Mark Mcclure tfit 0 16 2 2 2 2 10 0 Sr- Admin Geôrgeanne Sm¡lh fi5 3 3 0 0 Dsign Eng¡neer K¡rst¡n Powers, Bryce Corrigan 117 4 4 12 24 48 60 I 8 4 108 4 4 Prcjæt Land- Arch. Coreen Schmidt, Phuong Nguyen 1 4 4 tb 12 12 54 0 Prcjecl Êng¡n€er Kelsêy Anderson 140 0 0 0 Bus¡ness Manager Suzy Rowe 150 2 2 0 0 Sr, Prcjæt Eng¡nær Ray Edral¡n 166 0 24 0 0 Urban Design Mgr Liz G¡bson 't66 5 2 I a 23 I 2 4 2 2 20 4 4 Sr. Eng¡neer Kirk Sm¡lh, Ol¡via Paræchiv 184 I 24 4 4 12 16 2 6 24 2 2 2A 4 4 Task Descript¡on Proiect l\¡anaoement (aoDrox. 2 ¡¡onths) Monthlv Pro¡ect Reoons and lnvoicino Proiect Coordinât¡ôn Meetinos ân.l Silê Visit /5 tôlâlì QA,/QC Task Tota Review Roundabout Grâdino Perform Stormwater Design Calculations rrepare TIR trepare Storm Drainaoe Plans and Details rrepare Cost Est¡mates )repare Special Provisions >repare ADA Ramp Access Desion rrepare Site Element Plans and Details rreoare LandscaDe Plans and Details rrepare lrrigation Plans and Details rrepare Cost Estimates rrepare Spec¡al Provisions Task Total Provide Support Durinq Biddinq, As Reauested Task Total Task No. 12 1.3 14 2.1 2.2 24 2.6 3.4 3.5 3.6 4.1 Re¡mbursable Direcl Non-Salary Costs 8.I.a Packet Pg. 71 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , BIORI 5 :TTNTION B1 BIORTTENTION FOR TREATMENT AND FCBMP E E F C ( ORTTT TION f FL TRO CBMP I ;gaBÉ.É. o_ l o204080 i (./) L!-l =zlrl -c-1)+ U) Lr-l =z.LI (- -+J Ll.) ON 6 BIORTTENT FOR FCBMP U) L! ==L! -o\-v) F-OBMP 100 :*-- .:.---.---;:-- it, , !:---. :-t__ - ---j- - . _,i W SAAR ST WILLIS ST AINAGE-TRE} BIORETTNTIOI\FOR TREATM / ì I Ì.ON l -ß4 BIORTTTNTI \ rcRil/p T Lr) L! =z. Ld (- .P Lr) U) L!lZL¡ _c-+J(o ¡j _ :,.,.-,.-1- .il 1a i j i: ., i!r (./), ., = Ldi---\zlr I (- -+)<- WILLIS ST Ø, ul =z LLI -o l- Þr) T R I EXIST SWGR ö = I KPGm BIORETENTION INFILTRAÏTD PAVTMINT FIGURE 3. CONCEPTUAT SWM DBSIGN lnterdisc¡plinary Des¡gn T .q =I faarrra"cr 4TH &MLIJS ROTJNDASOUT 0 2tt 50 tm r5()@ SEATTLE I "r",o* I*-*oo Iælætm I Tffi WbndË 8€{6¡æ 8.I.a Packet Pg. 72 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i 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. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 8.I.a Packet Pg. 73 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. 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. 8.I.a Packet Pg. 74 At t a c h m e n t : 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 K P G ( 1 9 6 3 : 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 K P G , P . S . f o r t h e F o u r t h a n d W i l l i s DATE: October 1, 2019 TO: Kent City Council SUBJECT: Quit Claim Deed and Temporary Construction Easement between the City of Kent and the Central Puget Sound Regional Transit Authority – Authorize MOTION: Authorize the Mayor to sign a quit claim deed to Sound Transit for a 186 square-foot portion of King County Tax Parcel No. 282204-9017, and a temporary construction easement on the same parcel that will remain in effect until December 31, 2024. SUMMARY: Sound Transit is proceeding with its Federal Way Link Extension, and needs to acquire a 186 square ft portion of King County Tax Parcel No. 282204- 9017 in fee from the City. Sound Transit also needs a temporary construction easement of 240 square feet on the same parcel from the City. An offer was made by Sound Transit, under threat of condemnation, to compensate the City $300 for the fee acquisition and temporary construction easement combined. This amount was based on fair market value determined by an appraisal conducted on behalf of Sound Transit, which determined the value for the fee portion of the property to be $200, and the TCE at $30. Sound Transit’s minimum offer is $300 so their offer was rounded up to that amount. Staff has reviewed the appraisal and recommends that Council authorize the Mayor to sign the quit claim deed and temporary construction easement to complete these transactions. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Quit Claim Deed and Temporary Construction Easement (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL 8.J Packet Pg. 75 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.J Packet Pg. 76 O Ctricago fitle Insurance C,ompany WHEN RECORDED RETIIRN TO Name: Address: City, State, Zip Tax Account Number: 282204-9017 -00 City of Kent 701 sth Avenue, Suite 3400, Seattle, Washington 98104 LPB No. 12 QUIT CLAIM DEED THE GRANTOR, City of Kent, a municipal corporation, for and in consideration of Three-hundred and No/100ths dollars ($300.00) conveys and quit claims to the Central Puget Sound Regional Transit Authority, a regional transit authority organized under the laws of the State of Washington, all interest in the following described real estate, situated in the County of King, State of Washington, together with all after acquired title of the grantor(s) herein: THAT PORTION OF THE EAST 16.00 FEET OF THE WEST 33.00 FEET OF LOT 45, SECOMA HI.WAY TRACTS, ACCORDINC TO THE PLAT THEREOF RECORDED IN VOLUME 37 OFPLATS, PAGE 42, IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHEAST CORNER OF SAID EAST I6.OOFEET; THENCE, ALONC THE EASTERLY LINE OF SAID EAST I6.00FEET. NOI"1?'45"8 A DISTANCE OF 1 1.81 FEET; TI{ENCE. LEAVING SAID EASTERLY LINE, N89" 17'39''W A DISTANCE OF 1 6.00 FEET TO THE WESTERLY LINE OF SAID EAST 16.OOFEET; THENCE, ALONG SAID WESTERLY LINE, SOI'I2'45''W A DISTANCE OF 1I.34 FEETTO THE SOUTHWEST CORNER OF SAID EAST 16,00 FEET; THENCE, ALONG THE SOUTHERLY LINE OF SAID EAST 16.00 FEET, S87'36'54''E A DISTANCE OF 16.OOFEET TO THE POINT OF BEGINNING. CONTAININC 186 SQUARE FEET, MORE OR LESS DATED (i on afrrrc' Print Nqme STATE OF WASHINGTON ) COUNTY OF onthisdayof-beforeme,theundersigned,anotarypublicinandfortheStateof Washington, duly commissioned and sworn, personally appeared known to me to be the individual(s) described in and who executed the within instrument and acknowledged that - signed and sealed the same as _ free and voluntary act and deed, for the uses and purposes herein mentioned. Printed Name: Notary Public in and for the State of Washington Residing at ss. My appointment expires 8.J.a Packet Pg. 77 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) WHEN RECORDED RETURN TO: Sound Transit Real Property Division 401 S. Jackson Street Seattle, WA 98104-2826 TEMPORARY CONSTRUCTTON EASEMENT (SHORT TERM GENERAL CONSTRUCTTON) Grantor(s): Gity of Kent, a municipal corporation Grantee: Gentral Puget Sound Regional Transit Authority Abbreviated Legal Description: PTN SE 1/a, SEC 28-22-4E Assessor's Tax Parcel No(s): 282204-9017 ROW No(s): FL3o1 ;City of Kent, a municipal corporation, ("Grantor"), is the owner of real property located in the City of Kent commonly known as*no site address*, King County, Washington, 98032, and more particularly described in the legal description attached as Exhibit "A1,Grantor's Entire Parcel ("Propefty"). CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority of the State of Washington ("Grantee"), is developing high capacity transit service in the central Puget Sound region, including the Link light rail system. Grantee is constructing a portion of the Link light rail system called the:Federal Way Link Extension ("Project"). Grantee desires to use a certain portion of the Property in connection with the construction, operation and maintenance of the Link light rail system. AGREEMENT 1. Grant of Easement. Grantor , for and in consideration of the public good and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by Grantor, hereby conveys to Grantee, its successors and assigns, a temporary construction easement ("Easement")within, over, across, through, under, and upon the portion of the Property, more particularly described in the attached Exhibit "B" and depicted in Exhibit "C" ("Easement Area"). 2. Purpose of Easement. Grantee, its agents, contractors and permittees may use the Easement Area, including entry into private improvements located in the Easement Area, for the purpose of construction (which may include, but not be limited to: parking lot reconstruction, drainage, retaining walls, street connections, and to temporarily and permanently re-grade slopes and make cuts and fills to match new driveways, parking lot areas, street grade, sidewalks and retaining walls). When deemed necessary by Grantee, Grantee may fence all or a portion of the Easement Area from time to time during the performance of the work described herein ("Grantee's Work"). Grantee shall at all times ensure that the Easement does not unreasonably interfere with Grantor's access to the Property from the adjacent public right-of-way. ln the event Grantee's utility connection work requires access to portions of the Property in addition to that depicted in Exhibit "C", Grantee may enter into such additional property for the purpose of reconnecting utilities that serve the Property and such entry will be governed by the terms of the Easement. Grantee shall be entitled to apply to public authorities having jurisdiction for any and all permits necessary for the purposes described herein. Grantee shall be responsible for all Temporary Construction Easement-Short Term-General Form approved by Civil 10/06/1 7 Last saved byJames Chung on 1113119 ROW #: FL301 Page 1 of 4 8.J.a Packet Pg. 78 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) work performed under such permit(s), along with any and allfees which may accrue during review of Grantee's permit application and after issuance of such permit(s). 3. Restoration. Subject to Paragraph 4, below, in the event private improvements in the Easement Area are disturbed or damaged by any of Grantee's Work, upon completion of such Work, Grantee shall, at Grantee's discretion, replace them with hardscape, gravel, or hydroseed, or restore them to a condition that is as good as or better than that which existed prior to the use, or as negotiated separately; provided, however, that such restoration shall be consistent with Grantee's project improvements and the purposes described in Paragraph 2. During the Term, Grantee may, on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. 4. Term of Easement. The term of the Easement (the "Term") shallcommence upon mutual execution of this agreement. Following commencement of the Term, Grantor shall not make any material modifications or improvements to the physicalcondition of the Easement Area that would interfere with Grantee's use of the Easement for the purposes described in Paragraph 2. Grantee will provide fourteen (14) days written notice to Grantor before commencing Grantee's Work within the Easement Area. Grantee shall be entitled to use the Easement Area for the performance of Grantee's Work for a period of Twenty-Four (24)consecutive months (the "Construction Period"). During the Construction Period, Grantee's use of the Easement Area shall be exclusive. The Easement will remain in effect until:December 31 ,2024 or until completion of restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, whichever occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction Period, for up to an additionalsix (6) months. 5. Pavment for Easement. Grantee will pay Grantor Thirty and 00/100ths Dollars ($3O.OOtr upon recording of this Easement. lf Grantee requires additional exclusive use past the Construction Period, asprovided for in Section 4, Grantee will pay Zero and 84/100ths Dollars ($.a+1 per month for each month or portion of a month, that Grantee uses the Easement Area for the purpose described in Paragraph 2. 6. Representations and lndemnifications. Grantee will exercise its rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee will indemnify Grantor from and against any and all claims, costs, liabilities, and damages that arise from the exercise of the rights granted in this Easement by Grantee, its agents, contractors and permittees to the extent such claims, costs, liabilities and damages are caused by an act or omission of Grantee, its agents, contractors and permittees. To the extent permitted by RCW 4.24.115 Grantee's obligations under this indemnity shall not apply to the extent that any such claims, costs, liabilities and damages arise from the negligence of Grantor, or Grantor's employees, agents and contractors. 7. Bindino Effect. This Easement is sol ely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. Grantee may permit third parties to enter the Easement Area to accomplish the purposes described herein, provided that all such parties abide by the terms of this Easement. This Easement, and the duties, restrictions, limitations and obligations herein created, run with the land, burden the Property and are binding upon Grantor and its successors, assigns, mortgagees and sublessees and each and every person who, at any time, has a fee, leasehold, mortgage or other interest in any part of the Easement Area. L lnsurance. During the Term, Grantee must maintain commercial general liability insurance with reasonable limits of liability covering Grantee, its agents, contractors and permittees as to the exercise of Grantee's rights under this Easement within the Easement Area. Grantee must provide Grantor, on request, certificates of insurance evidencing such coverage. Grantee may provide the coverage required herein under blanket policies provided that the coverage is not diminished as a result. 9. Leqal Proceedinqs. Grantor and Grantee agree that in the event it becomes necessary for either of them to defend or institute legal proceedings as a result of the failure of the other to comply with this Easement, the prevailing party in such litigation will be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees (including paralegalfees and fees for any appeals) and court costs. 10. Condemnation. This Easement is granted under the threat of condemnation Temporary Construction Easement-Short Term-General Form approved by Civil 10/06/1 7 Last saved by.James Chung on 1113/19 ROW #: FL301 Page 2 of 4 8.J.a Packet Pg. 79 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) By: Its: 11. Recordinq. Grantee will record this Easement in the real property records of lfing County, Washington iDated and signed this day of 201 Grantor: City of Kent, a municipal corporation (Corporate) STATE OF WASHINGTON COUNTY OF King I certify that I know or have satisfactory evidence that and (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument Dated: Signature Notary Public in and for the State of Washington Notary (print name): Residing at: My appointment expires: Temporary Construction Easement-Short Term-General Form approved by Civil 10/06/17 Last saved byJames Chung on thghg' ss. ] ) ) ROW #: FL301 Page 3 of 4 8.J.a Packet Pg. 80 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) Dated and signed on this day of Day By: Month 201-. Year Crantee: Central P Its: Approved as to Form By: Sound Transit Legal Counsel STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he is/she is) authorized to execute the instrument and acknowledged it as theof CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORIW to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Signature: Notary Public in and for the State of Washington Notary (print name) Residing at: My appointment expires: Temporary Construction Easement-Short Term-General Form approved by Civil 1 0/06/17 Last saved by James Chung on 1113119 : ) ) ) SS. ROW #: FL301 Page 4 of 4 8.J.a Packet Pg. 81 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) EXHIBIT gA' R/W No. FL30l PIN 2822049017 CITY OF KENT, A MUNICIPAL CORPORATION Grantorts Parcel: THE SOUTH HALF OF THE WEST HALF OF THENORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. AND TRACTS 21,22,29,34,31,32,47 AND THE EAST 16 FEET OF THE WEST 33 FEET OF TRACT 45, SECOMA HI.WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF PLATS, PACE 42, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SOUTH 268TH STREET ADJOINI}.{C TRACTS 27,22, 31,32,29 AND 30. SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. $rr- tD.&a.oc/+4"" * {'-Z't-t} FL301 Legal.Doc John W. Gocdman $6t27t2018 8.J.a Packet Pg. 82 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) EXHIBIT "8" R/WNo. FL301 PIN 2822049017 CITY OF KENT, A MTINICIPAL CORPORATION Temporary Construction Easement Area Acquired by Grantee: THAT PORTION OF GRANTOR'S PARCEL (SAID pARCEL BEING DESCRIBED IN EXHIBIT "A"), MORE PARTICULARLY THAT PORTION OF THE EAST 16,00 FEET OF THE WEST 33.00 FEET OF LOT 45, SECOMA HI-WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF PLATS, PAGE 42, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST 16.00 FEET; THENCE, ALONG THE EASTERLY LINE OF SAID EAST 16.00 FEET, NO1'I2'45"8 A DISTANCE OF I1"8I FEET TO THE POINT OF BEGINNINC; THENCE, CONTINUINC ALONG SAID EASTERLY LINE, NOIO12'45UE A DISTANCE OF 15.00 FEET; THENCE, LEAVING SAID EASTERLY LINE, N89"I7'39"W A DISTANCE OF 16.00 FEET TO THE WESTERLY LINE OF SAID EAST 16.00 FEET; THENCE, ALONG SAID WESTERLY LINE, SOIOI2'45"W A DISTANCE OF I5.OO FEET; THENCE, LEAVING SAID WESTERLY LINE, S89"I7'39"E A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. CONTAININO 240 SQUARE FEET, MORE OR LESS. Jd- q). FL30l Legal.Doc John W. Ooodman &-zt-tg 46t27t20t8 8.J.a Packet Pg. 83 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) ?.) oNo uJ tr) i\ oz EX CITY R^,v dno 6',1 EX CITY RAru AIL A c) 4 (3 CO s7I 272ND b,o c; C'l(o FrosN a U) hb 17'. 1 I I i I 1 ..d I s//2 w1/2 Nw t4 se u4 rt ard $ a$ ..d" v$ ---t-' 1 d trg vd vd 1il.58', 16.00' 132.66' 182"62' 164.67' 40.46' 1 1.34' 15.00' 15.00' 1 1 .81' $-' ,d$ - s 268rH Sr (yACATED) I ll{, ,o* iF tfitct L1 L2 L3 L4 L5 L6 L7 L8 s88'50'30"E s87"36',54'E s87'45'20'E s87"45'20'E s88"40'34"E s01'13'59'W s01"12'45'W s01'12'45'W FEE TAKE AND TEMPORARY CONSTRUCTION EASEMENT E 112 SW 1/4 AND W 1i2 SE 1i4 SEC 28,T 22 N, R 4 E, W.M. @ nec No.6262173; 16'ELEcrRrc ESMT @ nec No.8oo912o8s7; 30'SEWER ESMT REC NO" 8602270804 & 8603280852; 1O'SEWER ESMT S nrc No. 80031s0420; 7' ELEcrRrc ESMT @ nec No. 79ioo3o6os; wALL AND ESMT TO KING COUNTY @ nec No. z910030607; sLoPE ESMT To KING COUNTY 3s1 1 I r5J vd ( Nl [b b I I I x l lr I I t 1 I I i t'l-1 l j 1 I ard -O (f) rl ,* ] .,o' I 3 DETAIL A il.rf FEE TAKE TEMP CONST ESMT 150 75 0 150 300 NAD 83 (2011) SCALE IN FEET NOTE: PARCEL AREA IS TAKEN FROM COUNTY ASSESSOR RECORDS. TEGFND LIGHT RAIL TRANSIT WAY STREET RIGHT-OF-WAY LINE STREET CENTER LINE PLATTED LOT LINE PROPERTY LINE PARENT PARCEL FEE TAKE LINE EASEMENT LINE PERMANENT EASEMENT LINE TEMPORARY r'': pARCEL AREA: 1,174,654 SF C6NST ESMT;__a{!S5 FEE TAKE AREA, *____1.89_9.[ REMAINING P,gE6: 1,174,468 SF EXHIBIT'C" RYW NO. FL-301 PARCEL MAP ASSESSOR NO.2822449017 p41E 06/2712018 OWNER; qITY OF KE!!T BLocK No":** xtA_ LoT No.r t!/4 CITY OF KENT KING COUNTY, WA b-Zt-tg Sourolnersr E lo? !E[ uN & ASS'.TATES LINK LIGHT RAIL TRANSIT SYSTEM 8.J.a Packet Pg. 84 At t a c h m e n t : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 1 9 6 4 : Q u i t C l a i m D e e d a n d T e m p o r a r y C o n s t r u c t i o n E a s 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 t h e C e n t r a l P u g e ) DATE: October 1, 2019 TO: Kent City Council SUBJECT: Easement for Puget Sound Energy - 640 Pressure Zone North Pump Station No. 1 – Authorize MOTION: Authorize the Mayor to sign all documents necessary to provide Puget Sound Energy an easement for power service on parcel No. 1722059184 for the 640 Pressure Zone North Pump Station; subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2008, the City identified the need to increase water pressures in the high elevation areas of the Kent water service area to meet regulatory requirements. Hydraulic modeling and system planning was performed, culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the required system improvements have been constructed - 640 Tank (2010/11), 112th Avenue Water Main (2013), 3 Large Pressure Reducing Valves (2015), 550 Small Individual Pressure Reducing Valves (2018), and other water main and isolation valve improvements constructed by operations personnel. The construction of the 640 Pressure Zone North Pump Station and one remaining large pressure reducing valve are two remaining projects to be constructed. Council awarded the construction contract for the pump station to Prospect Construction Inc, on December 11, 2018. Operations staff will construct the remaining large pressure reducing valve as part of their 2019 Work Plan. Upon completion of these remaining improvements, the northern portion of the 640 Pressure Zone will be activated. It is anticipated this will occur in the fall of 2020. Once activated, the residents within the area will realize a water pressure increase of nearly 25 pounds per square inch - almost doubling the current water pressure for residents in the high elevation areas. Puget Sound Energy (PSE) is the area service provider for electricity. A PSE owned power transformer needs to be installed on City owned property to provide power to the new north pump station. PSE requires an easement from the City for the transformer installation and maintenance. SUPPORTS STRATEGIC PLAN GOAL: Thriving City 8.K Packet Pg. 85 ATTACHMENTS: 1. Kent Pump Station Easement (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.K Packet Pg. 86 PSE UG Electric Easement 2019 WO105088457 / RW-110617 Page 1 of 5 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO Box 97034 / EST-06W Bellevue, WA 98009-9734 Attn: AY EASEMENT REFERENCE #: GRANTOR (Owner): CITY OF KENT GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: PORTION OF SE ¼ SEC. 17, TWP. 22 N., RNG 05 E., W.M., K.C. ASSESSOR’S PROPERTY TAX PARCEL: 172205-9184 For and in consideration of good and valuable consid eration, the receipt and sufficiency of which are hereby acknowledged, CITY OF KENT (“Owner" herein), a Washington municipal corporation, hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: EAST 264 FEET OF THE NORTH ½ OF NORTHWEST ¼ OF SOUTHEAST ¼ OF SOUTHEAST ¼ OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 05 EAST, SITUATED IN THE CITY OF KENT, COUNTY OF KING, AND STATE OF WASHINGTON Except as may be otherwise set forth herein PSE's rights shall be exercised u pon that portion of the Property ("Easement Area" herein) described as follows: SEE EXHIBIT “A” AND “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, mai ntain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilit ies or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the 8.K.a Packet Pg. 87 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 – PSE UG Electric Easement 2019 WO105088457 / RW-110617 Page 2 of 5 right, but not the obligation, to control, on a continuing basis and by any prudent a nd reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a hazard to PSE’s systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notic e that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE’s work and shall be coordinated with O wner so as to cause the minimum amount of disruption to Owner’s use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, O wner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written conse nt. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. 8.K.a Packet Pg. 88 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 – PSE UG Electric Easement 2019 WO105088457 / RW-110617 Page 3 of 5 DATED this _______ day of ________________________________, 20_____. OWNER: CITY OF KENT, a Washington municipal corporation By: ___________________________________ Signature ___________________________________ Print name Its: ___________________________________ title STATE OF WASHINGTON ) ) SS COUNTY OF ___________ ) On this _______ day of ______________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________________________________________________, to me known t o be the person(s) who signed as ______________________________________________________, of CITY OF KENT, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. __________________________________________________ (Signature of Notary) __________________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ________________________________________________ My Appointment Expires: ______________________________ Notary seal, text and all notations must be inside 1” margins 8.K.a Packet Pg. 89 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 – EXHIBIT TAX LOT 1722Q59184 EASEMENT THE SOUTH 3O.OO FEET OF THE NORTH 139,00 FEET OF THE WEST 13.00 FEET OF THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,: CONTAINING 390 SQUARE FEET, MORE OR LESS 4tsn / * n. Qutl g EE .: A 8.K.a Packet Pg. 90 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 – l.il .-tu!l!-il] LOCATED IN THE SE 1/4 OF THE SE 1i4 OF SEC 17, TOWNSHIP 22 N, RANGE 5 E, W.M.G CITY OF KENT LAND SURVEY SECTION DATEi 1l19l2O1B SCALE: 1"=60' DRAWN BY: TLM EXHIBIT BLUE BOY UTILITY EASEMENT oq o)oPARCEL # 1722059049 I 13' 390 SO. FT PARCEL # 1722059184 SE 236TH PL PRIVATE ROAD $ ITJ U)s uot =z(\ z Flrj ltJl! \f(0(\ o IJ uJz J oul = I N PARCEL # 1722059281 IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILIry IS ASSUMED BY REASON OF RELIANCE HEREON. Project# 16-3012 8.K.a Packet Pg. 91 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e l.il .-tu!l!-il] LOCATED IN THE SE 1/4 OF THE SE 1i4 OF SEC 17, TOWNSHIP 22 N, RANGE 5 E, W.M.G CITY OF KENT LAND SURVEY SECTION DATEi 1l19l2O1B SCALE: 1"=60' DRAWN BY: TLM EXHIBIT BLUE BOY UTILITY EASEMENT oq o)oPARCEL # 1722059049 I 13' 390 SO. FT PARCEL # 1722059184 SE 236TH PL PRIVATE ROAD $ ITJ U)s uot =z(\ z Flrj ltJl! \f(0(\ o IJ uJz J oul = I N PARCEL # 1722059281 IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILIry IS ASSUMED BY REASON OF RELIANCE HEREON. Project# 16-3012 B 8.K.a Packet Pg. 92 At t a c h m e n t : K e n t P u m p S t a t i o n E a s e m e n t ( 1 9 6 6 : E a s e m e n t f o r P u g e t S o u n d E n e r g y - 6 4 0 P r e s s u r e Z o n e DATE: October 1, 2019 TO: Kent City Council SUBJECT: Commercial Electric Facilities Contract with Puget Sound Energy Power Service Upgrade for 640 Pressure Zone Pump Station – Authorize MOTION: Authorize the Mayor to sign a Commercial Electric Facilities Contract with Puget Sound Energy in an amount not to exceed $139,242.77, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2008, the City identified the need to increase water pressures in the high elevation areas of the Kent water service area to meet regulatory requirements. Hydraulic modeling and system planning was performed, culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the required system improvements have been constructed - 640 Tank (2010/11), 112th Avenue water main (2013), 3 large pressure reducing valves (2015), 550 small individual pressure reducing valves (2018), and other water main and isolation valve improvements constructed by operations personnel. The construction of the 640 Pressure Zone Booster Station and one remaining large pressure reducing valve are two remaining projects to be constructed. Bids will be solicited within the next 3 months for the construction of the booster station. Operations staff will construct the remaining large pressure reducing valve as part of their 2019 Work Plan. Upon completion of these remaining improvements, the northern portion of the 640 Pressure Zone will be activated. It is anticipated this will occur in the fall of 2020. Once activated, the residents within the area will realize a water pressure increase of nearly 25 pounds per square inch - almost doubling the current water pressure for residents in the high elevation areas. Puget Sound Energy (PSE) is the area service provider for electricity. Three-phase power is needed to operate the pumps at the City of Kent’s pump station which will service the new 640 pressure zone. Currently there is no three-phase power along 112th Avenue S.E. or S.E. 236th Place. For this contract, PSE will complete the following functions: trim trees along 112th Ave SE, install heavy duty cross arms on the current power poles, replace an existing power pole with one large enough to install the necessary fuse box, route power through an existing conduit to the City of Kent property, install new transformer, and route power to a meter on the new Pump Station #1 building. The City of Kent will provide a 50’ ditch to install conduit 8.L Packet Pg. 93 from the replaced pole location to an existing junction box. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Commercial Electric Facilities Contract (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.L Packet Pg. 94 COMMERCIAL ELECTRIC FACILITIES CONTRACT Contract is subject to revision after 90 days Summary of Charges: Date Customer Initials: PSE WORKORDER NO. CUSTOMER (OWNER) NAME CO-OWNER NAME (IF APPLICABLE) SERVICE ADDRESS CITY STATE ZIP BILLING ADDRESS CITY STATE ZIP PHONE EMAIL Customer Initials Brief Description of Work: Construction Costs: Transformation Charges: Less Applicable Margin Allowance: Sub-Total (Potential Refundable Costs): Permitting Fees*: Relocation/Removal of Existing Facilities: Other Non-Refundable Construction Charges: Sub-Total (Non-Refundable Costs): Total Amount to be Billed Under This Contract: Brief Description of Other Costs: Secondary Service Type (480 Voltage or Below) Base Cost Single wire run to handhole or transformer $611.12 Each additional run of wire(per circuits) $140.60 Each additional trip beyond 1st trip due to customer requirements $418.48 per trip Hourly rate for additional engineering $182.67 Underground Temporary Service Charge $182.00 Overhead Temporary Service Charge $260.00 Overhead Permanent Service Charge $1,039.57 SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES ABOVE Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual work performed. Base Costs, in the table below, include Schedule 87 tax and are current costs effective 11/1/2018. These charges also do not include permitting fees, trenching and other excavation related work that is your responsibility. The Secondary Service Type charges from the list below that apply to your project will be invoiced on a second bill. By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon receipt of a signed contract, PSE will bill you for the amount indicated on the “Total Amount to Be Billed Under This Contract” line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension charges prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay Station. Delaying payment may result in a construction delay for your project. Customer requested changes in the scope of the project may result in additional charges, and/or delays to your project. *If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service charges below after the service is energized. Signature:Name:Title:Date: WA $ $ $ $ $ $ $ $ $ DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104 bbond@kentwa.gov 136833.54 Kent 0 0 Kent 11302 SE 236th PL 139242.77 0 2409.23 220 4th Ave S WA 105088457 0 Installing 3 - 3 phase overhead line extension, 1 overhead to underground 3 phase line extension, and 1 - 3 phase padmount transformer. -Permitting: $2,409.23 -Labor: $56,399.3 -Material: $28,869.8 -Transformation: $5,906.88 -Tree Trimming: $45,657.56 TOTAL NON-REFUNDABLE: $139,242.77 City of Kent - Water 0 98032 253-856-5662 139242.77 98031 Non-refundable charges due to high LRC, extensive tree trimming, and forfeiting operating rights to PSE. 09/09/2019 8.L.a Packet Pg. 95 At t a c h m e n t : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t ( 1 9 6 7 : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t w i t h P u g e t S o u n d E n e r g y P o w e r S e r v i c e TERMS AND CONDITIONS PROJECT INFORMATION 1.The PSE drawing shows the proposed scope of your project including the location of permanent, above ground electrical facilities required to provide electrical service to your project. Fault current information for transformers associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible to ensure there are no unforeseen conflicts between PSE’s design and your project. If you determine there are conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the number below. This is attached as Exhibit A. 2.Additional construction-related information and information on metering and service entrance requirements areprovided in PSE’s Electric Service handbook for commercial projects. If you would like a copy of the handbook please contact me at the number below. It is your responsibility to provide your project manager, site superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their work in support of your project. 3.The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and returned to me along with a signed copy of this contract. This is attached as Exhibit B. 4.Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor (continuous) temporary power uses, such as electric heaters for dry-out. Fault currents for non- residential transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative listed on this contract immediately if you believe there are conflicts between this design and your project. It is your responsibility to provide your project manager, site superintendent, and subcontractors with any information from this correspondence and it’s attachments that apply to their work. POTENTIAL REFUNDS Margin Allowance: If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to calculate and refund the Margin Allowance, subject to Schedule 85, up to two (2) years after the line extension is energized. Customers are responsible for making the refund request. DIM Refund: Other refunds associated with the line extension charge may be available if additional permanent service hook-ups are made to your line extension. These service hook-ups must be made within five (5) years of the date on which your project is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time within six (6) years of the date on which your line extension is initially energized. It is the customer’s responsibility to make the refund request. Your refund request should be directed to PSE’s Customer Accounting Coordinators at Schedule85refundrequests@pse.com. RATE SCHEDULE 85 All terms and conditions, costs, and refunds are in accordance with PSE’s Rate Schedule 85, and any discrepancies between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate Schedule 85 contains more detailed information covering costs, refunds, rights, and obligations than is reflected in this contract. The entirety of Rate Schedule 85 can be viewed at PSE’s website www.pse.com. This cost information is valid for 90 days from the date of this contract. Should we receive your contract after this period, the costs will be subject to changes. The amount noted on this contract is an estimated cost; however PSE’s Schedule 85 line extension tariff requires customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or refund will result to account for the difference. 5.The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements must be signed by the project owner or designee and returned along with a signed copy of this contract. This is attached as Exhibit C. DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104 8.L.a Packet Pg. 96 At t a c h m e n t : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t ( 1 9 6 7 : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t w i t h P u g e t S o u n d E n e r g y P o w e r S e r v i c e REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET SOUND ENERGY, INC. EASEMENTS The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE permit or easement must comply with these requirements. 1.All trench construction must be performed by a Washington State licensed and bonded contractor. 2.Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated representative, and receive on-site approval by that representative, and local jurisdiction. 3.Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to trenching. Penalties for failure to comply with this requirement will be borne by the customer. 4.If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements. 5.PSE, all participating utilities, and One-Call Locate, must be notified a minimum of 72 hours in advance of the date and time for right-of-way trenching and facility placement. The One-Call Locate number is 1-800-424-5555. State law requires locating service notification. 6.Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris shall be removed off-site each day, in accordance with local regulatory requirements. All erosion control requirements in accordance with local regulatory requirements are the responsibility of the customer. 7.Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select backfill material in accordance with local regulatory requirements. 8.Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction testing, the cost of said testing is the responsibility of the customer. 9.All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications and satisfaction. 10.In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the company for costs should PSE perform the trenching. 11.The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities. I AGREE TO ADHERE TO THE ABOVE CONDITIONS Customer Initials: Customer Initials: Signature:Name:Title:Date: Work Order Number: Service Address: DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104 1050884579803111302 SE 236th PL Kent 8.L.a Packet Pg. 97 At t a c h m e n t : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t ( 1 9 6 7 : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t w i t h P u g e t S o u n d E n e r g y P o w e r S e r v i c e PSE ELECTRICAL FACILITIES EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION 1. This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction. PURPOSE Developer is responsible for acquiring utility locates by calling One-Call, 1-800-424-5555 at least 48 hours (two full working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative Code and Safety Standards. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation. The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical facilities and other utilities within a joint trench. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages caused by improper backfill or compaction. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and any foundation on Developer's property. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid level bottom with a 6 inch deep layer of crushed rock bedding. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify and provide final grade,property lines, and utility easements prior to installation of PSE's electrical facilities. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages resulting from dig-ins due to changes or variations in grade that are made after the installation of PSE's facilities. EXCAVATION REQUIREMENTS The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a condition of receiving electrical service for your project. If you need additional information, please call the PSE contact person listed below. 2. 3. 4. 5. 2806 08/15 6. FINAL GRADE CERTIFICATION By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate within easement areas or rights-of-way, or from digging without adequate rights on adjoining properties. 7. 8. Work Order Number: Service Address: Signature:Name:Title:Date: DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104 98031 105088457Kent11302 SE 236th PL 8.L.a Packet Pg. 98 At t a c h m e n t : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t ( 1 9 6 7 : C o m m e r c i a l E l e c t r i c F a c i l i t i e s C o n t r a c t w i t h P u g e t S o u n d E n e r g y P o w e r S e r v i c e DATE: October 1, 2019 TO: Kent City Council SUBJECT: Solid Waste Management Local Solid Waste Financial Assistance Agreement with State of Washington Department of Ecology – Authorize MOTION: Authorize the Mayor to sign the Department of Ecology Local Solid Waste Financial Assistance Agreement Grant in the amount not to exceed $61,070.67, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Solid Waste Management Local Solid Waste Financial Assistance Agreement is a two-year grant funded by the Washington State Department of Ecology. This Grant funds the residential recycling collection events, multi-family education and outreach and the purchasing and distribution of products made from recycled content. It pays 75% of the “total eligible cost” which for Kent is $45,803.00. The remaining 25% ($15,267.67) must be matched by the City of Kent and will be funded by the King County Waste Reduction and Recycling Grant and the Local Hazardous Waste Management Program Grant. BUDGET IMPACT: The City will receive from the Washington State Department of Ecology $45,803.00, distributed on a cost basis as tasks are completed. The required 25% match of $15,267.67 will come from the King County Waste Reduction and Recycling Grant and the Local Hazardous Waste Management Program Grant. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Solid Waste Management Local Solid Waste Financial Assistance Agreement (PDF) 09/16/19 Public Works Committee RECOMMENDED TO COUNCIL 8.M Packet Pg. 99 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.M Packet Pg. 100 Agreement No. SWMLSWFA-2019-KentPW-00047 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and CITY OF KENT, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2019-2021 LSWFA City of Kent IMP GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: The RECIPIENT (City of Kent) will spend $61,070.67 hosting six (6) residential recycling collection events, recycling an estimated 197,200 tons of recyclable material, 3.48 tons of organics, and 1.16 tons of household hazardous waste (HHW) during the 2019-2021 grant cycle. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks . Overall Goal: Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. $210,000.00 $61,070.67 $45,803.00 $15,267.67 10/01/2019 06/30/2021 Planning/Implementation 8.M.a Packet Pg. 101 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 2 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: CITY OF KENT 91-6001254 020253613 220 Fourth Ave S Kent, WA 98032 220 Fourth Ave S Kent, Washington 98032 tdonati@kentwa.gov Template Version 10/30/2015 8.M.a Packet Pg. 102 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 3 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT Tony Donati Conservation Coordinator 220 Fourth Ave S Kent, Washington 98032 Email: tdonati@kentwa.gov Phone: (253) 856-5589 Authorized Signatory Corey Frame Financial Analyst 220 Fourth Ave S Kent, Washington 98032 Email: cframe@kentwa.gov Phone: (253) 856-5511 Billing Contact Project Manager Authorized Signatory Dana Ralph Mayor 220 Fourth Ave S Kent, Washington 98032 Email: dralph@kentwa.gov Phone: (253) 856-5700 Template Version 10/30/2015 8.M.a Packet Pg. 103 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 4 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT Contacts Project Manager Financial Manager Vicki Colgan 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 Vicki Colgan 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Template Version 10/30/2015 8.M.a Packet Pg. 104 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 5 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Solid Waste Management Date Date CITY OF KENT Laurie Davies Mayor Dana Ralph By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 10/30/2015 8.M.a Packet Pg. 105 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 6 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT SCOPE OF WORK Task Number:1 Task Cost: $61,070.67 Task Title:Recycling Operations Task Description: The RECIPIENT will spend $61,071.67 holding up to six (6) residential recycling collection events in a convenient city location and collecting recyclable materials, organics and household hazardous waste (HHW). Educational materials that describe how to reduce waste and recycle more using City-sponsored or private sector recycling programs, will also be distributed. These are popular and well-attended community events, which require advertising, organizing, staging, staffing, distribution of the outreach materials, scheduling and paying vendors, and calculating and reporting outcomes of each event to Ecology. Costs for these activities and associated salaries and benefits are eligible for LSWFA reimbursement . Costs incurred by contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as those for the RECIPIENT, and also require ECOLOGY approval . The RECIPIENT may charge user fees for some items or may drop user fees to increase volume of materials collected . The RECIPIENT will also credit this grant for any revenue received from fees or commodity sales on items this grant is directly supporting. Please note: LSWFA does not pay for costs covered by existing product stewardship programs or any new ones implemented during this Agreement . Fees for membership in civic, business, technical and or professional organizations must be pre -approved by Ecology and are reimbursable through costs reimbursed for indirect. When a RECIPIENT does not charge indirect, such fees, with prior approval, may be billed directly under two conditions: 1. Membership is for staff who work 100% of their time on the Task; and 2. Membership is determined reasonable and necessary to complete the Task . The RECIPIENT also agrees to obtain an ECOLOGY review before printing promotional or other materials to be paid for by monies granted under this Agreement . The full text of this requirement can be found in Provision #19 in the General Terms and Conditions below. ECOLOGY now requires the RECIPIENT verify, to the best of their knowledge, that materials handled under this Task as recyclables are, in fact, recycled and not disposed. To meet this requirement, the RECIPIENT will complete and upload into EAGL the Recycling Verification Form(s) provided. ECOLOGY also asks the RECIPIENT upload verification form (s) voluntarily for all others in the chain-of-custody that handle these materials. When any collection or vendor changes occur during the Agreement period, the RECIPIENT will upload amended verification in EAGL. Task Goal Statement: To reduce waste going to the landfill and prevent environmental pollution by holding well -organized collection events . Task Expected Outcome: The collection events proposed are expected to net an estimated 197,200 tons of recyclable material, 3.48 tons of organics, and 1.16 tons of HHW from an anticipated participation of 1,740 residents, out of an estimated 102,660 residential contacts made during this Agreement. The participation numbers are no longer required this cycle, but if available, they make a good Template Version 10/30/2015 8.M.a Packet Pg. 106 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 7 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT case for the usefulness, as well as the popularity of these community events. Metrics reported will represent the percentage that LSWFA pays of the total project cost. The RECIPIENT will report program progress each Quarter, whether or not eligible costs or progress related to these events have occurred. Recipient Task Coordinator: Tony Donati Deliverables Recycling Operations Number Description Due Date 1.1 Work as defined in the Scope of Work for this Agreement is implemented.06/30/2021 Template Version 10/30/2015 8.M.a Packet Pg. 107 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 8 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT BUDGET Funding Distribution EG200053 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State MTCO Model Toxics Control Operating 100% Local Solid Waste Financial Assistance Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 25% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: City of Kent IMP 10/01/2019 06/30/2021 Grant City of Kent IMP Task Total Recycling Operations 61,070.67$ 61,070.67$Total: Template Version 10/30/2015 8.M.a Packet Pg. 108 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 9 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%45,803.00 61,070.6715,267.6725.00City of Kent IMP Total $$15,267.67 45,803.00 $61,070.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report. By checking the box provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that quarter represent ONLY what was achieved with LSWFA (Ecology share plus local contribution). RECIPIENT shall not report outcomes achieved with funds that exceed the LSWFA Agreement’s total budget . RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, Template Version 10/30/2015 8.M.a Packet Pg. 109 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 10 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Template Version 10/30/2015 8.M.a Packet Pg. 110 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 11 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1.ADMINISTRATIVE REQUIREMENTS a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2.AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4.ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources . The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : •For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. •For projects with any federal involvement, if required, comply with the National Historic Preservation Act . •Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: •Keep the IDP at the project site. Template Version 10/30/2015 8.M.a Packet Pg. 111 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 12 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT •Make the IDP readily available to anyone working at the project site . •Discuss the IDP with staff and contractors working at the project site . •Implement the IDP when cultural resources or human remains are found at the project site . c)If any archeological or historic resources are found while conducting work under this Agreement : •Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d)If any human remains are found while conducting work under this Agreement : •Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the ECOLOGY Program. e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5.ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6.COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7.COMPENSATION a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8.COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Template Version 10/30/2015 8.M.a Packet Pg. 112 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 13 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT Washington which affect wages and job safety . b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9.CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10.CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11.DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a)RECIPIENT notifies the funding program of an appeal request . b)Appeal request must be in writing and state the disputed issue(s). c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d)ECOLOGY reviews the RECIPIENT’s appeal. e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version 10/30/2015 8.M.a Packet Pg. 113 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 14 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12.ENVIRONMENTAL DATA STANDARDS a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: •Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. •Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). •Submit the QAPP to ECOLOGY for review and approval before the start of the work . b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13.GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14.INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15.INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16.KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) Template Version 10/30/2015 8.M.a Packet Pg. 114 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 15 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18.ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19.PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20.PROGRESS REPORTING a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c)RECIPIENT shall use ECOLOGY’s provided progress report format . d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through Template Version 10/30/2015 8.M.a Packet Pg. 115 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 16 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21.PROPERTY RIGHTS a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22.RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a)Be kept in a manner which provides an audit trail for all expenditures. b)Be kept in a common file to facilitate audits and inspections. c)Clearly indicate total receipts and expenditures related to this Agreement . Template Version 10/30/2015 8.M.a Packet Pg. 116 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 17 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23.RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24.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 , and to this end the provisions of this Agreement are declared to be severable . 25.STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26.SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27.SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and Template Version 10/30/2015 8.M.a Packet Pg. 117 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 18 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28.TERMINATION a)For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b)For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c)By Mutual Agreement Template Version 10/30/2015 8.M.a Packet Pg. 118 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e Page 19 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SWMLSWFA-2019-KentPW-00047 2019-2021 LSWFA City of Kent IMP CITY OF KENT ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d)In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29.THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30.WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Template Version 10/30/2015 8.M.a Packet Pg. 119 At t a c h m e n t : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 9 6 8 : S o l i d W a s t e M a n a g e m e n t L o c a l S o l i d W a s t e DATE: October 1, 2019 TO: Kent City Council SUBJECT: Resolution of Intent – Sales and Use Tax for Affordable Housing - Adopt MOTION: Adopt Resolution No. 1995, declaring the City's intent to authorize a sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406. SUMMARY: In the 2019 Regular Session, the Washington State Legislature passed Substitute House Bill 1406 (“SHB 1406”). SHB 1406 creates a revenue sharing program for local governments which authorizes a local sales and use tax credit. The tax will be credited against state sales taxes collected within the City, meaning that taxes collected are, in effect, shifted from the state to the City, and no additional taxes are paid by consumers. The additional funds directed to the City as a result of the tax credit may be used for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of such housing. In order to secure the additional funding provided by the program, the City Council must first pass a resolution by January 27, 2020, declaring its intent to adopt legislation to authorize the maximum capacity of the tax. While this declaration of intent does not bind the City to any future action, it is required in order to preserve the City’s ability to impose the tax and access the additional funding. The City is not required to decide how the funds will be used at this time, but the City Council must pass legislation imposing the tax by July 27, 2020. If adopted, the tax credit would be effective for up to 20 years. Staff is currently evaluating options for how the City can best utilize and leverage the additional funds. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 8.N Packet Pg. 120 1. Resolution of Intent for HB 1406 Sales and Use Tax for Affordable Housing – Adopt (PDF) 09/17/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.N Packet Pg. 121 1 Sales and Use Tax for Affordable Housing RESOLUTION NO. 1995 A RESOLUTION of the City Council of the City of Kent, Washington, declaring the intent of the City Council to adopt legislation to authorize a sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406 (Chapter 338, Laws of 2019). RECITALS A. In the 2019 Regular Session, the Washington State Legislature passed, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”). B. SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing. C. The tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City. 8.N.a Packet Pg. 122 At t a c h m e n t : R e s o l u t i o n o f I n t e n t f o r H B 1 4 0 6 S a l e s a n d U s e T a x f o r A f f o r d a b l e H o u s i n g – A d o p t ( 1 9 8 8 : R e s o l u t i o n o f I n t e n t – S a l e s a n d U s e 2 Sales and Use Tax for Affordable Housing D. Additional funding is desirable to address the City’s housing need, and the City Council has determined that imposing the sales and use tax to address this need will benefit its citizens. E. The tax must be used to assist persons whose income is at or below sixty percent of the City median income. F. In order for the City to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the City Council must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax. G. This resolution constitutes the resolution of intent required by SHB 1406, and the City Council now desires to declare its intent to impose a local sales and use tax as set forth herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Resolution of Intent. The City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. SECTION 2. – 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. 8.N.a Packet Pg. 123 At t a c h m e n t : R e s o l u t i o n o f I n t e n t f o r H B 1 4 0 6 S a l e s a n d U s e T a x f o r A f f o r d a b l e H o u s i n g – A d o p t ( 1 9 8 8 : R e s o l u t i o n o f I n t e n t – S a l e s a n d U s e 3 Sales and Use Tax for Affordable Housing SECTION 3. – 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 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. October 1, 2019 DANA RALPH, MAYOR Date Approved ATTEST: October 1, 2019 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.N.a Packet Pg. 124 At t a c h m e n t : R e s o l u t i o n o f I n t e n t f o r H B 1 4 0 6 S a l e s a n d U s e T a x f o r A f f o r d a b l e H o u s i n g – A d o p t ( 1 9 8 8 : R e s o l u t i o n o f I n t e n t – S a l e s a n d U s e DATE: October 1, 2019 TO: Kent City Council SUBJECT: Ordinance Adopting 2018 Docketed Comprehensive Plan Amendments – Adopt MOTION: Adopt Ordinance No. 4335, approving 2018 docketed comprehensive plan amendments CPA-2018-5, as proposed by the applicant, and CPA-2018-2, as modified by staff-proposed alternative Option 2, as presented by staff. SUMMARY: The City received three docket applications by the annual September 1, 2018 deadline for amendments to the Comprehensive Plan Land Use Map. The three proposals were identified as CPA-2018-01, CPA-2018-2, and CPA-2018-5; CPA-2018-01 was later withdrawn. Both proposals under consideration seek to amend existing land use designations to Mixed Use. Proposed sites consist of: CPA-2018-2: one 1.96-acre parcel on Military Road currently designated Commercial. CPA-2018-5: two parcels totaling 1.37 acres on 104th Avenue S.E., currently designated SF-8. The staff report includes background information, an analysis of public benefit and consistency with comprehensive plan policies, exhibits depicting the proposed sites and vicinity, and staff’s analysis for each proposal. Analysis are based upon the standards of review listed in Kent City Code. A hearing was held at LUPB on August 26th, 2019, after which the LUPB voted to recommend approval of CPA-2018-5 as proposed by the applicant, and CPA-2018- 2, as modified by staff-proposed alternative Option 2. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government ATTACHMENTS: 1. Comp Plan Docket Amendments 2018 Ordinance (PDF) 2. 2018 Comp Plan Amendments Staff Report_Final (PDF) 8.O Packet Pg. 125 09/09/19 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Bill Boyce, Satwinder Kaur, Marli Larimer 8.O Packet Pg. 126 ORDINANCE NO. 4335 AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Comprehensive Plan Land Use Plan Map designations in compliance with the requirements of the Growth Management Act (CPA-2018-2, CPA- 2018-5). RECITALS A. The Washington State Growth Management Act (“GMA”) requires internal consistency among comprehensive plan elements. B. To assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the city council, and limits these amendments to once each year unless certain circumstances exist. C. The City of Kent has established a procedure for amending the Comprehensive Plan in chapter 12.02 of the Kent City Code, which sets a deadline of September 1st of each year for submittal of requests for comprehensive plan amendments. D. The City received three timely applications to amend the comprehensive plan’s land use designation map. The applications involve parcels located at: (1) 12218 SE 288th Pl (CPA-2018-01), (2) 24700 Military Rd./36th Ave. S (CPA-2018-2), and (3) 245XX and 24518 104th 8.O.a Packet Pg. 127 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 2 Comprehensive Plan Amendments - Land Use Plan Map Designations Ave. SE (CPA-2018-5). The application for CPA-2018-01 was later withdrawn from consideration. E. Parcel 2222049142, located at 24700 Military Rd./36th Ave. S is currently designated Commercial and the applicants are requesting a plan designation of Mixed Use (MU) (CPA-2018-2). Adjacent parcels 2222049153, 1253200025, 2222049145, 1253200015, 2222049010, 1253200020, 1253200070, 1253200075, 1253200010, and 1253200005 are also currently designated Commercial (C). A portion of parcel 2222049144 is currently designated Commercial (C), with the remainder designated Single-Family 8 units per acre. Parcel 1253200040 is currently designated Single-Family 8 units per acre. F. Parcels 7830800296 and 7830800300, located at 245XX and 24518 104th Ave. SE are currently designated Single Family, eight units per acre (SF-8). The applicants are requesting a plan designation of Mixed Use (MU). G. The City of Kent Land Use and Planning Board considered these amendment requests at a regularly scheduled workshop on 08/12/2019, and at a public hearing on 08/26/2019. It recommended approval of CPA-2018-5, as proposed by the applicant, and approval of CPA-2018-2, as modified by staff-proposed alternative Option 2. The Economic and Community Development Committee also considered the applications at its meeting on 09/09/2019, and also recommended approval of CPA-2018-5, as proposed by the applicant, and approval of CPA-2018-2, as modified by staff-proposed alternative Option 2. 8.O.a Packet Pg. 128 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 3 Comprehensive Plan Amendments - Land Use Plan Map Designations H. The City’s SEPA responsible official issued a SEPA Addendum for the proposed amendments on 08/02/2019. I. On 11/26/2018 the Washington State Department of Commerce was notified of the proposed amendments. No comments were received. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the city council’s findings on this matter. Council hereby approves CPA-2018-5, as proposed by the applicant, and approves of CPA-2018-2, as modified by staff-proposed alternative Option 2, as presented to the Land Use and Planning Board and the Economic and Community Development Committee. SECTION 2. – Amendment. The Kent Comprehensive Plan is hereby amended to establish new land use plan map designations for the following parcels: A. Parcels 2222049153, 1253200025, 2222049145, 1253200015, 2222049142, 2222049010, 1253200020, 1253200070, 1253200075, 1253200010, 1253200005, 2222049144, and 1253200040 located on Military Rd./36th Ave. S from land use designations of Commercial (C) and Single-Family 8 units per acre (SF-8) to a land use designation of Mixed Use (MU) as 8.O.a Packet Pg. 129 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 4 Comprehensive Plan Amendments - Land Use Plan Map Designations depicted in the map attached and incorporated as Exhibit “A” (CPA-2018-2). B. Parcels 7830800296 and 7830800300, located at 245XX and 24518 104th Ave. SE, from a land use designation of Single Family, eight units per acre (SF-8) to a land use designation of Mixed Use (MU), as depicted in the map attached and incorporated as Exhibit “B” (CPA-2018-5), with the condition that at such time a development project is proposed for this site, the applicant shall provide proof of legal access to 104th Avenue Southeast. Access to the residential neighborhood that is to the east of these parcels shall not be permitted. 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. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. October 1, 2019 DANA RALPH, MAYOR Date Approved 8.O.a Packet Pg. 130 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 5 Comprehensive Plan Amendments - Land Use Plan Map Designations ATTEST: October 1, 2019 KIMBERLY A. KOMOTO, CITY CLERK Date Adopted October 4, 2019 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.O.a Packet Pg. 131 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 3 8 A v S S 248 St S 247 St S 2 4 9 Pl 35 Pl S S 249 St 36 Av S 35 Pl S S 248 St 3 5 A v S 2222049153 2222049145 1253200015 2222049142 2222049010 1253200020 1253200070 12532000751253200010 1253200005 2222049144 1253200040 1253200025 Pictometry International Corp. ¯ 0 500 1,000Feet Exhibit AMilitary Road: CPA-2018-2 13 Parcels: 2222049153, 1253200025, 2222049145, 1253200015, 2222049142, 2222049010, 1253200020,1253200070, 1253200075, 1253200010, 1253200005, 2222049144, 1253200040 Commercial (C) and Single-Family Residential (8 units per acre) to Mixed Use (MU) 8.O.a Packet Pg. 132 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d 106 Av SE 104 Av SE 7830800296 7830800300 Pictometry International Corp. ¯ 0 150 300Feet Exhibit B104th Ave: CPA-2018-5 2 Parcels: 7830800296, 7830800300 Single Family - 8 (SF-8) to Mixed Use (MU) 8.O.a Packet Pg. 133 At t a c h m e n t : C o m p P l a n D o c k e t A m e n d m e n t s 2 0 1 8 O r d i n a n c e ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d Comprehensive Plan Amendment Requests for 2018 Docketed Items #CPA -2018-2 , #CPA -2018-5 Introduction The City received three docket applications by the annual Sept. 1st deadline for amendments to the Comprehensive Plan Land Use Map; one application, CPA-2018-01, was later withdrawn. The two proposals to be considered are identified as CPA-2018-2 and CPA-2018-5. This staff report includes background information, an analysis of public benefit and consistency with comprehensive plan policies, exhibits depicting the proposed sites and vicinity, and a staff recommendation for each proposal. Analysis and recommendations are based upon the standards of review listed in Kent City Code. (Note: city staff proposed a fourth land use plan map amendment for a property located at 10860 SE 196th Street due to a misconception regarding the owner’s desire for the city to rectify an inadvertent split-zoning issue. Since determining the owner has no interest in rectifying the split-zoning, this amendment has been removed from consideration.) Proposal Name Addresses Existing Designation Proposed Designation A – CPA-2018-2 Military Rd. 24700 Military Road Commercial (C) Mixed Use (MU) B – CPA-2018-5 104th Ave. 24518 104th Ave. SE Single-Family (SF-8) Mixed Use (MU) 8.O.b Packet Pg. 134 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 8.O.b Packet Pg. 135 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 8.O.b Packet Pg. 136 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – Proposal CPA-2018-2 Applicant requests re-designation from Commercial (C) to Mixed Use (MU). Background: The proposed site consists of one 1.96-acre parcel at 24700 Military Road. It has full urban services and is located on an active transit corridor; it is also less than a mile from the Kent Des Moines Park & Ride. The proposed site currently contains a mix of retail and commercial uses and a significant amount of surface parking. The applicant intends to reinvest in the property and construct a mixed-use development after pursuing a rezone to CC-MU or GC-MU. The property fronts 36th Ave. S/Military Rd., a minor arterial, and has its back to 38th Ave. S, a residential collector. It is generally best practice to avoid amending the land use plan map in a way that creates “islands” in which a single parcel has a land use designation that is different from all other properties surrounding it. With that in mind, staff has developed a more strategic alternative to the proposal, which also includes the surrounding properties, totaling 13 properties and 5.67 acres. The staff alternative would amend the land use designation for all properties in the immediate area currently designated Commercial, as well as the remainder of the split- designated lot to the south and an adjacent single-family lot. For purposes of the following policy analysis, the greater area that is being considered as part of the staff alternative shall be referred to as “the larger site.” Seven of the 13 proposed parcels are developed with various retail and commercial uses and parking, with nearly 100% site coverage. Three parcels are owned by the City of Kent and currently function as a neighborhood park, although a large municipal water tower is planned to be installed on these lots. Two parcels to the south of the City-owned lots contain single-family residences, of which one takes ingress/egress from Military Rd., and the other from S 249th St. The southwesternmost parcel on the site contains a daycare center which has operated in this location for several decades under a Conditional Use Permit. A CUP is required of in-home businesses in single-family residential zones. This parcel, on the corner of Military Rd. and S 249th St., as well as the single-family property directly to the east have recently been purchased and come under a single owner, who intends to use both properties for commercial operations. Although this is currently not allowed without a new CUP, it signals unmet demand for additional neighborhood commercial services in this area. Relevant Comprehensive Plan Goals and Policies: Goal LU-3: Kent will focus household and employment growth in the Urban Center and designated Activity Centers to provide adequate land and densities to accommodate a large portion of the adopted 20-year housing target of 10,858 new dwelling units and 15,648 new jobs within Kent’s Planning Area. Staff comment: The Kent comprehensive plan and the regional and countywide planning framework under which it operates emphasize the targeting of growth in designated centers. Although the proposed amendment is not within Kent’s designated activity centers, it is within a half mile of the Midway activity center. Therefore, this proposal would be somewhat consistent with the intent of this goal. 8.O.b Packet Pg. 137 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – Policy LU-6.3: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, human and community services. Staff Comment: The proposal site (and larger site) is located within close proximity to transit, commercial services and shopping, and an elementary school. Additional density in this area would fulfill the intent of this policy. Goal LU-7: Kent will provide opportunities for a variety of housing types, options and densities throughout the City to meet the community’s changing demographics. Staff comment: The majority of Kent’s residential areas are single-family. If this proposed or larger site is designated Mixed Use and eventually rezoned and redeveloped as a mixed-use development with multifamily residential housing, it would provide a greater variety of housing types, options, and density than currently exists. Policy LU-10.1: Examine commercial nodes, corridors and subareas for existing attributes and opportunities to revitalize the commercial uses, connect with surrounding residential neighborhoods and support multimodal transportation facilities. Staff comment: This unique commercial node is near existing transit service, including a well- served King County Metro Park & Ride facility, and it is adjacent to residential neighborhoods that could benefit from increased commercial options. Policy LU-10.2: Ensure opportunities for residential development within existing business districts to provide support for shops, services and employment within walking distance. Staff comment: The proposed site and larger site contain existing businesses that could benefit from the support of on-site multi-family residential uses. New residential uses on this proposed site, or eventually on the larger site, could provide an opportunity for people who work at these businesses to live close to their places of work. Policy LU-10.4: Promote redevelopment of existing commercial properties by limiting the conversion of additional residential land use plan map designations to commercial land use plan map designations. Staff comment: The proposed site, as well as a majority of the parcels in the larger site, are currently designated and zoned Commercial, meaning that residential uses are not allowed here. This change would introduce new residential capacity without limiting commercial capacity, and would increase the likelihood of redevelopment of these commercial properties by potentially creating greater financial viability. A small segment (1.5 parcels) of the larger site is residential; converting to Mixed Use (a commercial designation), would seem to conflict with this policy. However, the long-term operation of a commercial daycare on this property, and the property-owner’s interest in incorporating a second adjacent owned parcel into the commercial use, indicates that there is an unmet demand for commercial property in this area. Access to Military Rd., a minor arterial, makes this an appropriate place for a Mixed Use designation, allowing commercial uses, particularly since that would be consistent with its current use. Goal H-2: Encourage a variety of housing types. 8.O.b Packet Pg. 138 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – Staff comment: Kent’s residential areas are majority single-family. Higher-density residential opportunities near existing and potential new commercial uses could offer a housing option that meets alternative housing needs and preferences. Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential sites. Staff comment: Designating this underutilized land as Mixed Use, which could allow multi-family residential uses if a rezone were requested and approved, would encourage infill development by adding to the potential financial viability of a redevelopment project here. Policy T-1.1: Locate commercial, industrial, multifamily and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials, or around freeway interchanges. Staff comment: The larger site is located primarily along Military Rd., a minor arterial, at its “Y” intersection with a residential collector (38th Ave. S). While 38th Ave S. is classified as a residential collector, its environment for the first two blocks south of its intersection with Military Rd. is unique to that road classification due to the existing commercial uses to the west and the National Guard Armory to the east. With careful attention to appropriate access points, and construction of road frontage improvements consistent with the requirements in Kent’s Design and Construction Standards, as well as consideration of bus stop amenities as appropriate, commercial and multi-family residential uses would be appropriate here in fitting with this policy. Applying the Standards of Review: 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. Staff comment: Staff mailed letters to property owners within 300ft. of the parcels proposed for re-designation in the larger site and received four comments, two of which were concerned with increased traffic, one of which was supportive of the change due to an expectation of increased property values from a mixed-use designation, and a fourth was neutral on the changes. Due to concurrency requirements, and transportation impact fees to pay for additional trips generated by new development, staff has concluded that new development here would not adversely impact public health, safety, and general welfare. 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan. Staff comment: The need for housing variety and options has steadily increased regionally each year due to population and job growth and housing demand. Changes in market preferences also result in increasing demand for multi-family and mixed-use options since Kent’s comprehensive plan was adopted in 2015. 3. The amendment will result in long-term benefits to the community as a whole and is in the best interest of the community. 8.O.b Packet Pg. 139 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – Staff comment: This comprehensive plan map amendment could result in development that could provide more opportunities for a wider variety of housing, improve redevelopment opportunities for an underutilized commercial area, introduce live/work opportunities, and provide additional commercial services and amenities for nearby neighborhoods. 4. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. Staff comment: The amendment meets several goals and policies in the comprehensive plan as described above. It would be an efficient use of existing and planned infrastructure serving existing commercial and adjacent residential areas. Recommendation: Staff recommends approval of the staff-modified proposal for re-designation of the larger site. 8.O.b Packet Pg. 140 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – Proposal CPA-2018-5 Applicant requests re-designation from Single-Family 8 (SF-8) to Mixed Use (MU). Background The proposed site consists of two parcels totaling 1.37 acres, currently designated Single- Family, 8 dwelling units per acre. The proposal is to re-designate these parcels to Mixed Use (MU), reflecting the designation of adjacent parcels fronting 104th Avenue SE. The properties proposed for re-designation are behind two lots which front 104th Avenue SE, and each has a private easement recorded on its deed for access to the public street. The City of Kent Development Engineering Division has requested that access to 104th Avenue SE be ensured as a condition of any land use plan map amendments or future development of these properties; access to 106th Avenue SE, to the east of the parcels, will be prohibited. 8.O.b Packet Pg. 141 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – The site is adjacent to Morrill Meadows Park, where a new YMCA facility and redesigned park is currently under construction, representing a significant public-private investment. This location has bus stops within 300 feet that serve Metro routes 164, 168, and 169 with frequent peak service, and it is located along one of the proposed alignments of the King County RapidRide I- Line. City of Kent GIS data indicate a wetland present in the southwest corner of the southern parcel (7830800296); however, a wetland delineation completed as part of the Morrill Meadows YMCA project in 2016 indicates that these wetlands no longer exist, and are in fact storm water features that terminate south of the property boundary. Relevant Comprehensive Plan Goals and Policies: Policy LU-3.1: Encourage mixed-use development that combines retail, office, or residential uses to provide a diverse and economically vibrant Urban Center and designated Activity Centers. Staff comment: Re-designation of these two parcels to Mixed Use would meet the intent of this policy, encouraging mixed use development (which could contain a mix of retail, office, or residential uses) along an active transit corridor and near a major new parks facility. It would promote diverse and economically vibrant development along the 104th Ave. SE corridor, which is envisioned as mixed use, but which has remained underdeveloped single-family residential. Policy LU-6.3: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, human and community services. Staff comment: Re-designation of these two parcels to Mixed Use would allow for assemblage of properties along a proposed high-capacity transit route (RapidRide I-Line), thereby facilitating redevelopment of these and adjacent parcels. After a meeting with the applicant, staff understands that these parcels may be under the same ownership and could easily be assembled for a larger-scale mixed use development. These properties are in close proximity to Morrill Meadows Park, which includes recreation and community service opportunities. A commercial shopping center, including a major grocery and department store, is within two blocks of the properties proposed for re-designation. Goal LU-7: Kent will provide opportunities for a variety of housing types, options and densities throughout the City to meet the community’s changing demographics. Staff comment: As stated above, the majority of Kent’s residential areas are single-family. If this site is designated Mixed Use and eventually rezoned and redeveloped as a mixed-use development with multifamily residential housing, it would provide a greater variety of housing types, options, and density than currently exists. Goal H-2: Encourage a variety of housing types. Staff comment: See staff comment above pertaining to housing variety. Goal LU-10.2: Ensure opportunities for residential development within existing business districts to provide support for shops, services, and employment within walking distance. Staff comment: This site is envisioned as mixed use, but currently contains aging single-family 8.O.b Packet Pg. 142 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – residences. Redevelopment of this site into a large mixed-use development which includes multi-family residences would increase the number of residential units in close proximity to the existing retail center located two blocks from the properties proposed for re-designation. Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential sites. Staff comment: Designating this underutilized land as Mixed Use could allow commercial and multi-family residential uses if a rezone were requested and approved. This would encourage infill development by adding to the financial viability of a redevelopment project here, and through parcel assemblage would facilitate the transition of adjacent parcels to mixed use as envisioned in Kent’s comprehensive plan. Policy T-1.1: Locate commercial, industrial, multifamily and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials, or around freeway interchanges. Staff comment: The site is located behind, and has access through, two parcels which are located on 104th Avenue SE, a principal arterial as classified in Kent’s Transportation Master Plan. Per conversations with the applicant, it is likely the parcels proposed for re-designation would be assembled with those fronting 104th Avenue SE. Applying the Standards of Review: 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. Staff comment: Staff mailed letters to property owners within 300 ft. of the properties proposed for re-designation. A single comment was received as of the writing of this report, neutral on the changes but requesting information. Development resulting from this proposed land use plan map amendment would be beneficial to the general public welfare by promoting assemblage and redevelopment of underutilized land. 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan. Staff comment: The need for housing variety and options has steadily increased regionally each year due to population and job growth and housing demand. Changes in market preferences also result in increasing demand for multi-family and mixed-use options since Kent’s comprehensive plan was adopted in 2015. 3. The amendment will result in long-term benefits to the community as a whole and is in the best interest of the community. Staff comment: This comprehensive plan map amendment could facilitate development that would provide more opportunities for a wider variety of housing, improve redevelopment opportunities for an underutilized area envisioned as mixed use but currently retaining aging single-family residences, introduce live/work opportunities, and provide additional commercial services and amenities for nearby neighborhoods. 8.O.b Packet Pg. 143 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – 4. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. Staff comment: The amendment meets several goals and policies in the comprehensive plan as described above. It would be an efficient use of existing and planned transportation and transit infrastructure, as well as significant City and private investment in an adjacent park and community services facility. Future development occurring as a result of the land use plan map amendment would be expected to meet concurrency requirements. Recommendation: Staff recommends approval of the applicant’s proposal. 8.O.b Packet Pg. 144 At t a c h m e n t : 2 0 1 8 C o m p P l a n A m e n d m e n t s S t a f f R e p o r t _ F i n a l ( 1 9 5 6 : O r d i n a n c e A d o p t i n g 2 0 1 8 D o c k e t e d C o m p r e h e n s i v e P l a n A m e n d m e n t s – DATE: October 1, 2019 TO: Kent City Council SUBJECT: Reappoint Bryan Powell, John Casey, David Kwok and Tim Higgins to the Lodging Tax Advisory Committee – Confirm MOTION: Confirm the following reappointments to the Lodging Tax Advisory Committee: Bryan Powell for a three-year term that will expire on May 31, 2022; John Casey and David Kwok for three-year terms that will expire on July 31, 2022; and Tim Higgins for a three-year term that will expire on September 5, 2022. SUMMARY: The Lodging Tax Advisory Committee serves in an advisory capacity to the Mayor and City Council, and makes reports and recommendations regarding the expenditure of lodging tax revenues. The program is designed to fund the marketing, operation and promotion of activities, events or projects that promote Kent as a destination for business or leisure activity, and ultimately bring more people to the city. Committee membership is comprised of four members appointed by the City Council who represent businesses required to collect tax, and four members appointed by the City Council who are people involved in activities authorized to receive revenue under Chapter 67.28 RCW; and the council president appoints a member of the Council to serve as a member of and to chair the Lodging Tax Advisory Committee. Organizations representing businesses required to collect tax and organizations involved in activities authorized to receive revenue under said tax, as well as local agencies involved in tourism and promotion, may submit recommendations for membership on the committee. Bryan Powell and David Kwok are being reappointed as a representative of hotel interests. John Casey is an attorney with Curran Law Group representing both the Kent Chamber and the Kent Downtown Partnership - organizations eligible to utilize Lodging Tax funds. Tim Higgins is the Managing Director of the accesso ShoWare Center, Kent’s largest event venue which hosts sporting events, concerts and other activities which draw visitors to the city. SUPPORTS STRATEGIC PLAN GOAL: 8.P Packet Pg. 145 Thriving City 09/11/19 Lodging Tax Advisory Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019 7:00 PM AYES: Bill Boyce, John Casey, Andrew Hutchison, Bryan Powell ABSENT: Mohamad Abouelrous, Tim Higgins, David Kwok, Barbara Smith 8.P Packet Pg. 146 DATE: October 1, 2019 TO: Kent City Council SUBJECT: Kent Correctional Facility Fencing Project Bid - Award MOTION: Award the Kent Correctional Facility Fencing Project to Olympic Peninsula Construction, Inc. in the amount of $205,645 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Parks, Recreation and Community Services Director. SUMMARY: The work called for in this contract will provide security fencing and access control for secure staff parking and inmate transfers between the Municipal Court and the Correctional facility. The bid opening for the Kent Correctional Facility Fencing Project was held on August 28, 2019, with two bids received. The lowest responsible and responsive bid was submitted by Olympic Peninsula Construction, Inc. in the amount of $205,645.00. Bid Tab Summary 01. CFC Construction (non-responsive - incomplete bid) $163,000 $16,300 (10% WSST) $179,300 02. Olympic Peninsula Construction, Inc. $186,950 $18,695 (10% WSST) $205,645 Architect’s Estimate $150,000 to $170,000 SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Kent Correctional Facility Fencing Bid Tab (PDF) 10.A Packet Pg. 147 E Exhibit A Exhibit A City of Kent Facilities Management Bid Opening Project: Kent Correctional Facility Fencing________________________ Project #: FAC19-71__________________________________________ Date: August 28, 2019 Due / Open: 2:00 PM________ Location: Chambers West Addenda Issued: None Bidders Bid Amount Bid Bond CFC Construction $163,000 (Rejected) N/A Olympic Peninsula Construction $186,950 (Accepted) N/A $ $ $ $ $ $ $ $ Architect’s Estimate $150,000.00 - $170,000.00 The apparent low responsible bidder is: Olympic Peninsula Construction 10.A.a Packet Pg. 148 At t a c h m e n t : K e n t C o r r e c t i o n a l F a c i l i t y F e n c i n g B i d T a b ( 1 9 9 8 : K e n t C o r r e c t i o n a l F a c i l i t y F e n c i n g P r o j e c t B i d - A w a r d )