Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/19/2019 KENT CITY COUNCIL AGENDAS Tuesday, March 19, 2019 Chambers 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 i. Employee of the Year 2018 ii. Appointments to the Rally the Valley Advisory Panel B. Community Events C. Public Safety Report 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Chief Adminstrative Officer Report 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. 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. City Council Meeting City Council Regular Meeting March 19, 2019 8. CONSENT CALENDAR A. Approval of Minutes 1. Approval of February 1, 2019 and February 2, 2019, Kent City Council 2019 Annual Strategic Planning Meeting Minutes 2. Council Workshop - Workshop Regular Meeting - Mar 5, 2019 5:00 PM 3. City Council Meeting - City Council Regular Meeting - Mar 5, 2019 7:00 PM B. Set Public Hearing Date for Adoption of a New Chapter Under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right- of-Way C. Consultant Services Agreement with AECOM for Upper Mill Creek Dam Construction Support - Authorize D. Consultant Services Agreement with JECB for Upper Mill Creek Dam - Authorize E. Ordinance Permitting Light Manufacturing in the Downtown Commercial Enterprise District - Adopt F. Ordinance Revising Regulations Related to Mini-warehousing or Self- Storage Facilities in Commercial Zones - Adopt G. 2018 Consolidated Annual Performance Evaluation Report - Authorize H. Parriott Plat Bill of Sale - Authorize I. Bandon East Subdivision Bill of Sale - Authorize J. Verdana Phase 2 Bill of Sale - Authorize K. Verdana Phase 3 Bill of Sale - Authorize L. Consultant Services Agreement with JayRay Ads & PR Inc. for PR and Marketing Leisure Tourism - Authorize 9. OTHER BUSINESS 10. BIDS A. 2019 Asphalt Overlays - Award B. 2019 Sanitary Sewer CIPP Lining - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. City Council Meeting City Council Regular Meeting March 19, 2019 Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. Page 1 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 DATE: 03/19/19 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, March 19, 2019 The Chief Administrative Officer’s report is intended to provide the Council, staff and community with department highlights. ADMINISTRATION • The mayor sent a detailed letter to Sound Transit board members outlining the city’s opposition to the Lowe’s/Dick’s site for a light rail operations and maintenance facility. We are working on a second, more detailed letter for the environmental impact statement scoping process. • Your workshop agenda includes a presentation on renewal of the six-year countywide emergency medical services levy. As a city with more than 50,000 residents, Kent has a role in the county’s decision to place the measure on the November 2019 ballot. • The Police Department has begun to use a combination of Traffic Unit officers and overtime officers to address downtown parking complaints until our new parking enforcement officers are on board. • We have worked with the Police and Law departments to submit our Game of Life and DUI court for AWC awards and our DUI court for a Sound Cities Association dinner presentation. Clerk’s office The City Clerk’s Office has responded to over 200 public records requests for the month of February, including five requests for body camera video. The average amount of time spent redacting body cam video is approximately three hours, and all requests have been responded to within the five-business day time frame. The City Clerk’s Office has successfully converted ALL the departments electronic documents to Laserfiche, and continues to work with IT on fine-tuning the process and organizing the records before launching the public portal. Thank You for Your Service! Employee Anniversaries in March Years of Service Name Department 38 Highsmith, Greg Parks-Maintenance 30 Saxton, Lorena Parks-Facilities Management 28 Riener, Thomas Police-Investigations 28 Sprague, Christopher Police-Training/Personnel 26 Dexheime, Donevan Police-Patrol 21 Miller, Derric Parks-Maintenance 21 Martin, Andrew Parks-Maintenance 5.A Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n s t r a t i v e O f f i c e r 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 ) Page 2 of 9 20 Reed, Travis Police-Corrections 19 Johnson, Philip Police-Investigations 18 Raeburn, Andrew PW Oper-Water 18 Hopper, Joshua Parks-Maintenance 18 Vacca, Antonio Parks-Maintenance 18 Sheridan, Andrew Parks-Maintenance 18 Harrell, Jennifer PW Oper-Street 18 Moen, JoAnne Police-Investigations 17 Sehlin, Shane Parks-Maintenance 17 Pittman, Cynthia Finance-Reporting, AP, Payroll 14 Hinrichs, Eric Parks-Golf 14 Donati, Anthony PW Eng-Environmental 14 Gilderoy, Bonnie Kent Municipal-Administration 13 Ehrenheim, Patrick PW Oper-Fleet 12 Craft, Joseph PW Oper-Utilities 12 Green, Ronald PW Oper-Fleet 12 Lykken, Kristin PW Eng-Accounting Services 12 Azzola, Toni Admin-Mayor's Office 11 Devine, David PW Eng-Construction 11 Bishop, Jason Police-Patrol 11 Chupa, Sheena Police-Corrections 11 Morasco, John Police-Corrections 9 Meyer, Landon Police-Investigations 9 Ross II, Daniel Police-Patrol 9 Nixon, Jason Police-Patrol 7 Baron, Lyndon Police-Patrol 7 Wolcott, Trevor Police-Patrol 6 Huynh, Phung Parks-Administration 6 Richardson, Andrew Police-Patrol 5 Koehler, Daniel Police-Investigations 5 Reed, Andrew Police-Patrol 4 Carter, Christopher PW Oper-Street 4 Ellis, William ECD-Economic Dev 4 Hiatt, Janice Human Resources-Admin 4 Caro, Paul PW Oper-Street 4 Neira, Michael PW Eng-Land Survey 3 Jordan, Kelli PW Oper-Street 3 Anderson, Michael Police-Corrections 3 Tomjack, Chase PW Eng-Land Survey 3 Watson, Matthew PW Oper-Utilities 3 Caraballo, Amy HR-Benefits 2 Leyrer, Thomas PW Eng-Design 2 Kosen, Tanya ECD-Administration 1 Brom, Daniel Police-Patrol 1 Sims, Chante HR-Admin 1 Ball, Katie ECD-Permit Center 1 Hansen, Daniel PW Eng-Transportation 5.A Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n s t r a t i v e O f f i c e r 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 ) Page 3 of 9 ECONOMIC AND COMMUNITY DEVELOPMENT Rental Housing Inspection Program • On March 8, 68 letters were sent to landlords who own one or more of the 85 apartment complexes located in the northern half of Kent’s East Hill. The letter outlined inspection requirements, helpful resources and the inspection due date (November 1). • The KentNOW video about the program is finished and live on the website. A press release targeting a diverse array of media outlets was sent out March 12. • Customer Service and Business Licensing staff received training about the program, and brought up the need for handouts for non-English speaking customers or those with technology barriers. Brochures are in progress and will be translated into several languages. • Staff attended the Refugee Resettlement Agency’s quarterly community consultation, where they connected with the International Rescue Committee and discussed providing RHIP information at the Committee’s housing health and safety resettlement training course. Long Range Planning • The Rally the Valley advisory panel roster is finalized and includes representatives from aerospace/high-tech manufacturing, commercial/industrial real estate, general manufacturing and food production, global trade and supply chain management, and workforce development sectors. The individual panel members will be officially appointed at the upcoming City Council meeting. HUMAN RESOURCES Benefits • Implementation of the new Wellness vendor • Preparations for the Health Fair • Continued work on FMLA and ADA cases Labor, Class & Compensation • AFSCME LMM Tuesday – Court/Finance work • Determining additional cities to add for comp studies • Gathering re-class procedures from other cities to improve our process • 2 re-classes Finance Department • KPOA MOU – standby leave/bank with Finance. New personal holiday • Ongoing investigations and employee relation matters INFORMATION TECHNOLOGY • Firewall Configuration Phase 1 (PaloAlto) - Replace the current firewall infrastructure enabling the City to harden its network and protect all information assets. • Finance and PD Point-of-Sale Replacement - Replace the current POS software with an Enterprise System which facilitates coordination and information sharing both internally and externally with regards to the accounts receivable and account payable of funds circulated through the City of Kent. • Information Technology operational support for February 26 - March 12: Number of tickets opened was 383; number of tickets closed was 367 LAW • Continue to assist the Clerk’s office with public records requests, HR with a number of complicated and sensitive employment issues and Public Works, ECD, and Parks with 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 4 of 9 a number of high priority development projects, including various Sound Transit matters. • Continue to assist Public Works and Parks with their cooperative project with the King County Flood Control Zone District on issues concerning the Lower Russell Road levee project and a variety of real property, contracting, and restrictive covenant issues. • Prepared an ordinance establishing an Apprentice Utilization Program requiring that certain public work construction projects utilize apprentices to complete a portion of the labor hours. • Prepared nine body-worn camera videos for redaction and discovery production to defense counsel. The process took staff approximately 11 hours and 15 minutes to complete. • Submitted an application to the Association of Washington Cities (AWC) nominating the Kent Municipal DUI Court for AWC’s Municipal Excellence Awsard. • Submitted an application to provide a Recognize, Inspire, Share and Engage (RISE) Presentation at Sound Cities Association’s networking event on April 3, 2019, about the success of the Kent Municipal DUI Court. • Assisted the police department in obtaining an Extreme Risk Protection Order, which prohibited the subject from possessing any of his four weapons (two handguns, an assault rifle and a rifle) or any other weapon for one year, and required that he obtain an alcohol/drug evaluation and a mental health evaluation. MUNICIPAL COURT Security Stats January February Number of clients that entered 5,289 4,811 Number of arrests 40 34 PARKS, RECREATION, AND COMMUNITY SERVICES Recreation and Cultural Services • Staff met with Nexus Youth and Families street outreach team to gather information about available services for youth and teens facing homelessness. Youth/Teen staff will also be touring the various Nexus shelters and facilities available for youth. • Youth and Teen staff and a few other city employees joined Councilmember Bill Boyce on the City of Kent soccer team for a match against a team from Kent Downtown Partnership. Team Kent was coached by Mayor Dana Ralph. • International Guitar Night, the most recent performance in the Spotlight Series, was sell-out hit on Friday, March 1, drawing 361 people to Kent-Meridian PAC for an evening of world-class guitar music. Featured guitarists were Luca Stricagnoli from Italy, Antoine Boyer and Samuelito from France, and Cenk Erdogan from Turkey. In addition to the ticketed evening performance, the artists also presented a performance and Q & A session for approximately 100 Kent-Meridian HS performing arts students during the school day. • The 32nd annual Kent Kids’ Arts Day took place at the Kent Commons on Saturday, March 9. The event featured 18 hands-on art projects, performances by five youth bands and dance companies, and 60 middle and high school student volunteers. A strong turn-out of approximately 1,500 people attended, with this year’s event seeing an increase in paid admissions and a slight decrease in the number of free vouchers redeemed. • The 2019 Student Art Exhibit is on display from March 11-22 in the Centennial Center Gallery. The annual exhibit displays the art work of more than 650 students 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 5 of 9 (elementary through high school) from 24 schools in 22 downtown businesses (both historic downtown and Kent Station). • The latest Kent Creates exhibit, “New Year”, is open through March 31. People are encouraged to use the New Year and new beginnings for inspiration and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. Human Services • Northwest Harvest has a new strategic goal to reduce hunger in WA State by 50% by 2028, and one strategy is to support innovation in hunger reducing initiatives. Over 600,000 people experience hunger in WA State every year. The Northwest Harvest Accelerator Roundtable was created to advise and oversee this strategy and Human Services staff is participating in the Roundtable. The RFP to support innovative projects is expected to be released in April. The RFP will be open to public service providers and advocates, business developers, grocery supply-chains, community groups, research institutions, students, systems architects, social entrepreneurs and others who have taken action to ensure that nutritious food will reach those in need. Those that receive awards will receive a grant along with technical assistance to assist with refining their initiatives and develop plans for scaling up and integrating into systems. • The City receives Community Development Block Grant (CDBG) funds from Housing and Urban Development to support capital and public service projects. Two major reports are required annually; the Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER). The City released a draft of the 2018 CAPER, outlining how it spent CDBG funds in 2018. The 2019 Annual Action Plan will be released on March 12; it will include how the City proposes to spend CDBG funds this year. Public hearings were held on February 25, and another one is scheduled regarding the Action Plan on March 26 at 6 p.m. in Centennial North/South. • The March Kent Cultural Diversity Initiative Group (KCDIG) meeting focused on mental health and celebrating Black History Month (rescheduled from the February inclement weather cancellation). Margaret Mathai with Pioneer Human Services presented specifically on a holistic approach they utilize with their immigrant and refugee clients. POLICE Significant crime activities/arrests/investigations • On February 27, officers responded to the report of a victim being shot. The reporting party saw the victim with blood on his chest, face and hands and overheard a female say, “don’t call the police”. Officers arrived on scene and did not find a victim. They were able to locate blood on a door of a possible victim residence. The next day victim and suspect were identified, the suspect is a 3-strike felon. • On March 1, Officers were called to an incident at the 7-11 at 10630 Kent Kangley Rd. Store employees were in a struggle with a prolific shoplifter when a 55-year-old store clerk had a heartache during the struggle. Officers Jeremiah Johnson and Doug Westcott were on their way in to work in their take home cars and immediately responded. They performed CPR and utilized the AED to re-start the clerk’s heart before Fire or additional units were able to arrive. Per Puget Sound Fire personnel later arriving on scene, Officer Johnson and Westcott’s immediate timely arrival and application of CPR and AED saved the clerk’s life. • On March 2, officers observed a 40-year-old male suspect (a known prolific criminal offender) with warrants driving a U-Haul. The suspect switched seats with a 38-year- old female. The female suspect led officers on a short pursuit through residential areas where it crashed into fence posts. Both suspects were arrested. The van was reported stolen earlier in the day. 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 6 of 9 • On March 4, officers responded to the 24900 block of 38th Ave S for a male trying to set a house on fire. The suspect was arrested and found to have purposely set the house on fire and grabbed knifes to try and kill his roommate. The suspect was found to have been at SeaTac Airport earlier where he threatened to blow something up and pulled a fire alarm. The suspect was charged with Arson-1, Felony Harassment and Attempted Assault-2. • On March 9, officers were dispatched to the report of a suicidal female at the Sterling Ridge Apartments. The female was reporting to friends that she had a knife and was going to stab herself. The subject was inside a locked bathroom and had been there for over an hour. She then called and requested help saying she stabbed herself in the chest and could not get up or out of the bathroom. Officers forced entry and found her with a knife in her chest. Fire and Medics responded and were able to get her transported in stable condition. • On March 10, a KPD officer observed a gold Mitsubishi Montero with expired plates. He attempted to stop the vehicle, but it took off and a pursuit began. As the officer attempted to pin the vehicle against the concrete divider, the vehicle accelerated towards him and rammed the driver’s side of the patrol car. The vehicle then went the wrong way and fled in an unknown direction. The officer was unable to pursue the vehicle, as his patrol car was damaged but was uninjured and got a good look at the suspect driver. • On March 11, officers were dispatched to a report of a shooting at Kent Station. Fire personnel were nearby and had already begun treating the victim. Officers arrived to find an alert/conscious adult male with gunshot wounds. He claimed to have just been walking in the area when he was shot by an unknown suspect. Major emphasis patrol • Emphasis ran on February 26 with a focus on motels and the north end o Two arrests were made o One pursuit of a stolen vehicle that was terminated o Spoke with staff at two motel front desks o Roughly 20 traffic/suspicious stops o 110 license plate checks • As part of the Washington Traffic Safety Commission’s Target Zero program, King County police departments will have officers working extra enforcement for St. Patrick’s Day weekend, including the Liquor Cannabis Board. Events and awards • On March 4, Corrections Sergeant Travis Reed received his 20-year plaque from the City. • Letter of Commendation: Officer Jeremiah Johnson assisted John W. Chase, the Senior Investigator of Bank of America’s Global Technology and Operations Enterprise Fraud Intelligence Team in an investigation. They were able to identify a suspect that defrauded the bank for a substantial amount of money. The suspect is likely part of a larger criminal ring that had been targeting financial centers. Mr. Chase states “Officer Johnson provided an example of exemplary service and commitment to not only doing his job but also doing it well”. Other • Example of serving with Compassion: On March 6, officers were dispatched to assist King County Mental Health with taking an elderly female into custody on a court order. The female had been aggressive with officers in the past. Officers did an amazing job of patiently talking with her trying to convince her to go willingly. They provided ID cards, the order and everything she asked tyring to get compliance. In the end they 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 7 of 9 gently escorted her to the custody of Tri-Med staff. Her daughter and granddaughter were there and were very appreciative. PUBLIC WORKS Design • 2019 Asphalt Overlays and 2019 ADA Curb Ramp Upgrades - Bids opened March 12. Apparent low bidder is Miles Resources, LLC. • 2019 Sanitary Sewer CIPP Lining - Bids opened March 12. Apparent low bidder is Insituform Technologies, LLC. • S 212th Street Bridge Deck Resurfacing - Advertised March 5. Bid opening scheduled for March 19. • 228th UP Grade Separation - Advertised March 5. Bid opening scheduled for March 26. • Kent School District Coordination - Met with Fred Long and Dave Bussard to discuss upcoming projects near Panther Lake Elementary, Mt. View Academy and Mill Creek Middle schools. Land Survey and GIS • Land Survey group are doing design topography mapping for the Fourth Ave and Willis Street intersection, Water Transmission Main Locations and the Dvorak Barn. Field staff have also been providing construction staking for the active 224th St Corridor Improvements and the 228th St Utility work. Land Survey office staff have been writing legal descriptions for easements and right of way for Naden Ave Access and performing an analysis of historic topography/lidar data on the Seattle Land Fill site. • The GIS group (Geographic Information System) has actively been transferring city data to layer files for easy accessibility on web applications. GIS Coordinator continues prepping data models for upcoming CityWorks implementation. Transportation • Staff submitted project screening forms for the Sound Transit System Access Fund. The ST System Access Fund is a competitive grant opportunity for capital, operation, technology and transportation demand management (TDM) projects with a clear nexus to Sound Transit Centers. • Postcards have gone out informing the neighborhood school about our upcoming meeting on March 20 to discuss traffic calming on 98th Ave SE near East Hill Elementary School. • Signed contract documents for the Railroad Trespass Fence project. This project is partially funded through two Grade Crossing Protective Fund grants from the Utilities and Transportation Commission. • Replaced the traffic signal controller cabinet at 104th Ave SE & SE 248th St. The new TS2 controller cabinet with Cobalt controller will allow for addition of flashing yellow arrow operations. Flashing yellow arrows should be implemented before the YMCA opens this summer. • Reprogrammed school zone flashers after getting notification from the school district of the revised schedule. The last day of school may change again depending on the outcome of a request made by the school district due to this year’s missed snow days. Environmental • Water System Plan –Working to have the final draft of the updated plan to be completed in April, leaving 6-7 months for outside agency (DOH) review and response to comments. • Landsburg Mine – At long last, backfilling of the collapsed mine trench is scheduled to begin this Spring, and will probably continue through 2020. 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 8 of 9 • Howard Hanson Dam – Outflows from the dam are near record lows due to the low temperatures and the water in the watershed being bound in the snow. Reservoir fill won’t begin until the snow melt begins and is still anticipated to be completed by the end of May. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): o 84th to SR 167 – Grade beam forming is ongoing with the concrete pour scheduled for March 13. Pedestrian barrier rebar placement is starting on the bridge approach ramp. o SR 167 Bridge – Barrier electrical conduit placement is complete. Forming for traffic barriers will be taking place for the next few weeks. o SR 167 – Lane closures are scheduled for the nights of March 11-14 for removal of bridge falsework. • LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2) - Tree removal complete. Clearing and grubbing of pond area has begun. Roadway grind and excavation on 88th Ave began March 11, followed by import of roadway fill material on March 18. • Cambridge Reservoir Recoating and Fall Protection Improvements - Structural steel work to continue thru week of March 18, sand blasting will follow. • 228th St. Union Pacific Railroad Underground Utilities (Phase 3 of 5) - Manholes and 60” pipe is complete. Installation of the final lengths of 60” storm pipe (approximately 200 lf) and 2 bends is expected week of March 11. • 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments (Ph 4 of 5) - Contractor is scheduled to mobilize and begin offsite improvements on March 18. • East Valley Highway(EVH) Pavement Preservation – Curb ramp on the Southbound lanes of EVH will be complete week of March 11. Railroad spur that crosses EVH will be constructed over the weekends of March 15 and March 22. Traffic will be down to one lane in each direction, full roadway will be open for the Monday morning commute. • Kent Springs and Pump Station No. 4 Electrical Upgrades - Pump Station 4 – Substantially Complete. Kent Springs – Pouring piers for generator and electrical shelter(s). • Upper Mill Creek Dam Improvements and Diversion Structure Replacement - Mobilization Overhead power relocation along 104th Ave SE by PSE is expected to begin during the week of March 22. • 640 Pressure Zone Booster Station - Forming for the building’s concrete below-ground structure and footings is underway. • WSDOT Overlay Project on Washington Ave (SR181 - SR516 to W James St Paving & ADA Compliance) - Contract work is expected to begin March 25 at night. • Blue Origin – Detention pond construction that will include trucking for unsuitable material export by way of 72nd Ave will proceed during the week of March 18. Building construction is scheduled to proceed on or before April 1. Streets • Crews continue to focus on clean up from the snow and ice event. Crews are on the East Hill area along SE 208th St for powerbroom work and debris clean-up. • Concrete crews will be installing a new sidewalk on SE 260th St and 106th Pl SE and repairing a hand rail on 104th Ave SE. • Street Signs and Markings team will be replacing type III barricades on 124th SE and on 139th Pl SE. • Vegetation crews will be working on snow and ice event cleanup at water sites and assisting Street Maintenance in cleaning sidewalks of sand, city wide. Crews will 5.A 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 s t r a t i v e O f f i c e r 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 ) Page 9 of 9 continue fence repairs on Kent Kangley and are applying moss treatment to the City’s people paths. Water • Work continues at the Cambridge Tank recoating and structural improvement project on the West Hill. Structural modifications should be completed by March 15 with tank encapsulation and coating removal to follow. Distribution staff are working with Survey to expose bends on the Clark Springs Transmission Main, get better coordinates for our GIS system and work on wider easements where needed. First Quarter Wellhead Protection monitoring is underway out at eastern water sources. Utilities • Storm crews will be changing out a vault in the downtown area, performing assessments and pumping at multiple locations city wide for our National Pollutant Discharge Elimination System (NPDES). Crews will also be repairing a storm line on 76th St in front of Blue Origin and digging ditches on 31st Ave S, 72nd Ave S and on SE 242nd Ave. • Sewer crews will be vactor cleaning and performing TV truck inspections on the East Hill near 116th Ave SE, inspecting manhole structures between S 244th St and 256th Ave and conducting manhole change outs at S 252nd St, E Dean St and S 248th St. Fleet/Warehouse • Warehouse staff continues to monitor inventory levels and fulfill work orders, repairing small equipment, Forklift and CDL training and issuing hydrant meters and public notice boards. • The Radio Shop is concentrating on installing electronics for the new Vactor and T880 trucks. • Fleet staff are primarily focused on set up for the new Water Vactor and new Warehouse Kenworth T880 as well as vehicle maintenance. # # # 5.A 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 s t r a t i v e O f f i c e r 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 ) 1 KENT CITY COUNCIL 2019 ANNUAL STRATEGIC PLANNING MEETING Friday, 1 February, Noon – 4:45 p.m. / Saturday, 2 February, 8 a.m. - 4 p.m. Lake Wilderness Lodge / 22500 SE 248th Street, Maple Valley F INAL SUMMARY OF THE MEETING’S KEY DISCUSSIONS AND AGREEMENTS Friday’s Attendees: Mayor Dana Ralph; Council President Bill Boyce; Councilmembers Marli Larimer, Brenda Fincher, Dennis Higgins, Satwinder Kaur, Les Thomas, and Toni Troutner; Chief Administrative Officer Derek Matheson; Executive Leadership Team (ELT) members Mike Carrington, Marty Fisher, Pat Fitzpatrick, Kurt Hanson, Kim Komoto, Tim LaPorte, Dana Neuts, Julie Parascondola, Raf Padilla, and Margaret Yetter; Council Administrative Assistant Cathie Everett, and facilitator Jim Reid and note taker Jake Delbridge; Kent residents Bruce and Erica Anderson, TJ Peterson, and Awale Farah Saturday’s Attendees: All of the attendees from Friday plus Finance Director Aaron BeMiller; Police Commander Mike O’Reilly; Human Services Manager Merina Hanson; Parks Superintendent Garin Lee; Human Services Staff Member Christine Cain; and Kent residents Tim Clark, and Bailey Stober ____________________________________________________________________________________________________________ The primary goal of this year’s City Council strategic planning meeting was to discuss the issues of greatest interest and importance to the Council and Mayor and what needs to be done to advance the City’s vision for the community’s long-term future. Friday Afternoon Sessions: COUNCIL AND MAYOR IDENTIFY MAJOR ACCOMPLISHMENTS OF 2018 To lay the foundation for the discussions about the present and future, Councilmembers and Mayor Ralph began the retreat by reviewing 2018 to identify the accomplishments of last year of which they are proudest. 1. Solving the fiscal cliff: The Administration and Council worked collaboratively and diligently to achieve a fiscally sound budget, which paved the way to address other important issues. In addressing the fiscal cliff, both the Council and Mayor demonstrated nimble leadership and fast- acting decision-making to address and solve an issue of mounting importance and urgency. 2. Communications: The City improved communications and its social media presence. As a result, Kent is more effectively informing its residents about upcoming events to expand participation in 8.A.1 Packet Pg. 13 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 2 them, increasing the ability to “tell our own story,” and improving the public’s understanding of our vision and “brand.” 3. Updated the Council vision and goals. 4. Departmental creativity and innovations: These examples were cited: § The Parks Department’s development of a recreation strategic plan, deployment of staff, and changes in the management of the golf course. § The Public Works Department’s Transportation Master Plan, projects to improve traffic flow, such as the 228th Corridor Project, and its proactive and successful pursuit of grants funding. § The Police Department’s investments in staffing and operational improvements. § The Economic and Community Development Department’s innovations in economic development, including “Meet Me on Meeker,” implementation of Zoning Code reforms to liven up downtown, and efforts to build support for the vision to strengthen Kent’s economy (and the City’s budget) by attracting more manufacturing jobs (“Rally the Valley”). § Improvements in engaging neighborhoods. 5. Taking advantage of everyone’s ability to contribute: The unique perspectives of the elected officials combined with the talents and dedication of staff and the cohesive decision-making of the Council and Administration helped the City address key issues and resolve difficult challenges. Important elements in our success were Council President Boyce’s leadership, Mayor Ralph’s collaborative style, the leadership of Derek Matheson, and the support Council received from Cathie Everett. 6. Kent’s stronger presence at regional forums: The City’s expanded presence at South King County and countywide forums, and its coordination with both the state and King County improved the City’s ability to advance its vision and interests. 7. Legislative accomplishments and launching key programs: Examples cited were: a) the passage of the Rental Housing Inspection Program; b) implementation of the body camera program; and the expanded use of school zone safety cameras. ELT MEMBERS IDENTIFY ACCOMPLISHMENTS OF 2018 AND CHALLENGES FOR 2019 The next discussion on Friday afternoon was the presentation of each department’s major accomplishments of 2018 and the ELT members’ insights into their departments’ likely challenges in 2019. The accomplishments and challenges are presented here in the order in which the ELT members spoke. Margaret Yetter, Court § Accomplishments: 1. Transitioning of the new judge. 2. OCourt management system: The department is successfully going paperless; and an online scheduling system that coordinates with Laserfiche is coming soon. § Challenges: 1. Continued funding for DUI court: sustaining the program when grant funding is exhausted; the addition of red light cameras may create challenges and increase workload. 2. Departure of Judge Phillips in late November 2019 due to retirement. 8.A.1 Packet Pg. 14 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 3 Pat Fitzpatrick, Law § Accomplishments: 1. YMCA project: success attributable to great legal team efforts, extreme attention to detail, and collaboration between the City Attorney’s Office and the Parks and Recreation Department. 2. Transition in the filing cases in the Prosecuting Attorney’s Office: o Criminal Division: Shifted attention away from probable cause method of case filings, resulting in many fewer officers and civilians being subpoenaed to Court. Currently applying the new system to older cases. 3. Civil Division: efforts on the 228th corridor work; review of the IT contracts; and review of Sound Transit contracts. § Challenges: 1. Every prosecutor has been with office 10 years or more, making process change difficult. 2. Increase in case filings, but it is manageable. 3. Body cameras are coming online, which makes cases stronger but increases workload. Kurt Hanson, Economic and Community Development (ECD) § Accomplishments: 1. The new permit process system has dropped wait times by 60%, which is even more impressive given that 2018 was the second highest year for permitting year in both valuation and numbers. 2. Restructured entire department and six of seven leadership team members are new leaders. 3. Sound Transit developments. 4. Rental housing inspection program. 5. Lodging Tax: now greater flexibility in use of funds to permit marketing and promotion of Kent for advanced manufacturing, engineering, aerospace developments, conferences and symposiums. § Challenges: 1. Technology is both a challenge and a motivation that will push us further along. 2. Implementing the permit tracking system highlighted the challenges we still face. 3. The restructuring of the department will create some organizational development challenges. Dana Neuts, Communications § Accomplishments: 1. Increasing and improving City-resident engagement, including: Coffee and Conversation with the Mayor; “Ask me Anything,” a new Facebook forum held every other month to answer residents’ questions; and “Kent Now” videos, such as the one on the property and sales taxes, which were huge hits with lots of viewership. – huge hit, lots of views 2. Mayor Ralph’s budget roadshow 3. EConnect 4. Started a blog and Instagram; grew Facebook audience by 44%, all through organic growth. 5. Adding 8 new neighborhood councils. 8.A.1 Packet Pg. 15 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 4 § Challenges: 1. Streamlined Sales Tax: The loss of revenue has been damaging to the City and in the department’s case. 2. Working to maintain the new tools that have been created and enacted. Kim Komoto, City Clerk § Accomplishments: 1. Deployed electronic agenda management system for City Council committees; now using the system more effectively. 2. Deployed the same system for City Council already in 2019. 3. Working with IT on Laserfiche. § Challenges: 1. High volume of public records requests creates workload challenges. 2. The growth in the use of body cameras will also increase the workload. 3. Budget constraints. Marty Fisher, Human Resources § Accomplishments: 1. Employee labor relations: successful negotiations with Kent Police Officer’s Association (KPOA) resulting in a new three-year contract; preparation for collective bargaining sessions with AFSCME and the Teamsters. 2. Ongoing labor-management meetings: discussing issues proactively to prevent crisis management or damage control. 3. Filled 110 requests for employees this year, many of which were for internal promotions. 4. Developed more comprehensive new employee orientation program. 5. For non-represented employees, working hard to make sure pay is competitive and job descriptions updated 6. Risk management team has been doing great job defending the City against two major lawsuits. 7. Training: held effective supervisory training to strengthen skills of supervisors; advanced online training with new learning management system; developed and led new citywide anti-harassment training, which will be repeated in the first quarter of 2019 (every employee is required to complete it); hosted and will host a multi-cultural training program for all employees to learn more about culture, customs, and needs of diverse communities; and designed and implemented the LEAN innovation and improvement program. 8. Wellness and Benefits: brought on Alliant (Employee Benefits) to provide employee benefits and wellness programs with a strong emphasis on promoting and maintaining wellness. § Challenges: 1. Upcoming collective bargaining negotiations 2. Working with IT to improve management systems 8.A.1 Packet Pg. 16 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 5 Mike Carrington, Information Technology § Accomplishments: 1. More than 8100 service tickets were closed. 2. More than 3400 multimedia requests were fulfilled. 3. Completed nearly thirty major IT projects. 4. Mug shot Booking program (Enrollment in RBPC/Regional Booking Photo Comparison) 5. ShoWare Center’s point of sales system replaced 6. Evidence Capture to Mobile (VeriPic) 7. B&O Solutions Releases 8. Jail Control System Upgrade 9. Information Security Program improvements and training 10. Data Center Hyper-Converged Infrastructure Upgrade 11. Network optimization 12. Golf System replacement § Challenges: 1. Trying to stay ahead of cyber security threats that seem to grow exponentially. 2. Managing a complex “hybrid” (servers vs. Cloud) environment while migrating systems and data to the Cloud. 3. Respecting department service calendars while still “forging ahead.” 4. Enterprise Considerations for New GIS Centric Systems: important to utilize GIS as a core element of doing business in the future; regulatory compliance requires us to support things like end of year, beginning of year and payroll processing 5. Staffing: gratitude to Council and Mayor for supporting staffing of IT department. For example, because of support IT office is now able to have new technological deployments and have proactive and advanced tech efforts. § An Accomplishment and Challenge: 1. Trojan Virus (TrickBot) acts as a data thief and is now the top ranked threat to businesses. We found it in our system, causing staff to remediate every single computer infected by the virus, which is costly in terms of time and resources. Staff was instrumental in avoiding multi-day or multi-week outage. Kent has been successful in preventing mass outages through proactive, strong measures and immediate remediation when virus detected Tim LaPorte, Public Works § Accomplishments: 1. Increased staff training and development has improved the department’s outcomes. § Challenges: 1. Transportation: Sound Transit’s new stations and new garage present an incredible opportunity on the West Hill; the City needs to consider the infrastructure that will be needed around them. 2. Staff development and training: it is difficulty to offer competitive salaries for top engineer positions; thus, key vacancies remain. We should be developing staff and promoting from within to balance external recruitments. 8.A.1 Packet Pg. 17 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 6 Julie Parascondola, Parks and Recreation § Accomplishments: 1. Provided services to millions of people all while facing a $1.1 million budget cut. We worked to minimize the impacts on residents and staff. 2. Success of YMCA/Morrill Meadows Development projects : team effort with ECD, the City Attorney’s Office, and Public Works. 3. Reorganized Parks Operations Division and improved data tracking to ensure equitable maintenance and support across the City’s parks. 4. Kent’s “Call to Action:” prevention program that provides positive and healthy activities for youth, including homework help and job offerings. 5. Broad, comprehensive constituent engagement with three formal and five informal commissions, demonstrating the department’s commitment to making decisions with substantive community input. 6. 100% in compliance with having full performance evaluations. § Challenges: 1. Managing the $1.1 million budget reduction while minimizing impacts on residents and staff was extraordinarily difficult, but we continue to meet the challenge. 2. 2019-‘20: Focus on community marketing and low-barrier recreation programming to better engage and support communities of color and vulnerable populations across the community. 3. Working with natural resources in Green Kent. 4. Working to maintain staff morale in light of budget cuts. 5. Need to conduct extensive planning and evaluation in the future to proactively address expected changes in the workforce that will partially caused by upcoming retirements. Raf Padilla, Police § Accomplishments: 1. Body Camera pilot project is underway. Twelve cameras going full-time; they are ahead of schedule on knowledge, impacts report, and disclosure. Great leadership and cooperation made it happen. 2. Funds savings: Purchased needed cars a year ahead at lower, older-model price. 3. Implementation of car per officer program: fully trained and capable officers are now able to respond to incidents directly from their homes. 4. Hiring and employee retention: twenty-eight officers were hired; Internal civil service rule reforms allowed us to get to top applicants faster; employee attrition rate dropped by double digits. 5. Great improvements in outreach to homeless people. § Challenges: 1. Addressing the rise in homelessness. 2. Regional growth is increasing demand for service. 3. Demand for space runs up against office and storage space limitations. 4. Managing the impacts of reforms in the King County Regional Justice System. For example, there is a lack of support for the County’s decriminalization/“zero youth incarcerations” program. This complicates Kent’s efforts to manage and reduce crime, even with effective enforcement practices. 8.A.1 Packet Pg. 18 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 7 5. Auto theft rate is one of the highest in the state; a lot of it is motivated by the opioid epidemic and consequences of drug addition. Derek Matheson, Mayor’s Office § Accomplishments: 1. New municipal court judges and new elected officials. 2. New leaders among City Staff; including: City Attorney Pat Fitzpatrick, Economic and Community Development Director Kurt Hanson, Police Chief Raf Padilla, the City’s new lobbyist and its new liaison to Sound Transit. 3. Negotiated key agreements with other local governments: the new agreement with the Regional Fire Authority (RFA), which helped the RFA establish its goal of network independence; and new franchise agreements with the water and sewer districts serving Kent, which resulted in greater equity in taxes and fee levels paid by people served by City utilities and those served by the Water and Sewer Districts. § Challenges: 1. Management of Kent Sound Transit stations and garage. 2. Employee workload – avoiding burnout. 3. Upcoming fiscal concerns: fiscal cliff resolution only pushed the structural imbalance out into the future; costs of doing business growing faster than the growth of revenues; the economic forecast is different than past budgets; and state laws create difficulties for cities to raise enough revenues to maintain proper fiscal soundness. When the discussion of accomplishments and challenges was coming to an end, everyone acknowledged that the continuing and emerging challenges of the future will require partnerships and collaboration among the departments and the open dialogue and collaboration between the Council and Administration. MAYOR RALPH REFLECTS ON HER FIRST YEAR IN OFFICE Having recently completed her first year as Mayor, Mayor Dana Ralph offered reflections about City government, the community, and her experiences in 2018. She cited these achievements: 1. Green Power passed through the Council. 2. Blue Origin is bringing good jobs with its new space. 3. Marquee on Meeker will be an amazing project and provide a perspective about what “Meet Me on Meeker” will look like as it is implemented. 4. Highway project to connect 509 to I-5 5. Apprenticeship Ordinance coming before Public Works next week; it exemplifies how we are supporting resident apprenticeships. 6. Sound Transit/Light Rail has been inspiring. Other cities are asking how we achieved the development agreement with Sound Transit. The Mayor also cited a few of the important things the City needs to work on this year and into the future. 1. Community outreach: We should demonstrate to residents how their input is fundamental and integral to the City’s decision-making. 8.A.1 Packet Pg. 19 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 8 2. Technology: Because the number of City employees is relatively small in proportion to the level of responsibilities and breadth of services, technology is uniquely vital to help the City provide high quality customer services to both the public and one another and to increase efficiency and effectiveness. 3. Regional conversations and working with other jurisdictions: The City’s presence at regional forums advances our vision, goals, and interests. As we approach working with other jurisdictions, we need to keep the big picture and the long-term in mind. REVIEW OF THE 2018 COMMUNITY SURVEY As a result of the discussion about the findings from the 2018 survey of Kent residents, the Council and Administration will brainstorm how the City could more effectively communicate the City’s vision, goals, and long-term direction to the public. The interest in helping the public understand that City officials have a vision and are following it is based on the survey finding that many residents do not know or believe that the City has a vision for Kent’s future and is working to implement it. To launch the discussion, Dana reviewed these facts about the process and outreach: 1. These results are based on 6000 requests sent out in Round 1 and a second set of 6000 requests sent out in Round 2. 2. The City received over 977 responses, nearly double the approximately 500 responses to the 2016 survey. Two reasons why the response rate may have increased so dramatically were: a) In 2018 requests to complete the survey were sent via email; and b) respondents were given a $5 gift card to Starbucks. 3. The respondents to the 2018 were more representative of Kent’s population than in 2016 as evidenced by these three factors: a) more non-white residents participated, which is consistent with the increase in the non-white population relative to the white population according to new census findings for Kent; b) survey respondents were younger than the respondent sample for 2016; and c) the survey experts made special efforts to oversample populations in order to ensure responses were representative of the city’s population. 4. In addition, the survey was weighted by age and gender to adjust for the sampling bias, so 2016 and 2018 percentage comparisons are “apple-to-apple” comparisons. 5. Kent’s residents for whom English is a second language (ESL) were well represented, according to tracking of the percentage of respondents who speak languages other than English. Thirty-one percent of respondents (weighted) spoke a language other than English, whereas 37% of Kent’s population speaks a language other than English. 6. A limitation to the survey was that respondents could not answer “Not Applicable” or “I don’t know.” That was intentional based on the finding that when these options are offered, too many people opt out. The survey’s key findings and metrics included: 1. Kent continued to received a “3.5 Star Community” rating. 2. Livability, government performance, and the economy are three areas where respondents rated Kent “below average” and where the City should look to improve performance. 8.A.1 Packet Pg. 20 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 9 3. Compared to 2016, a smaller percent of residents feel “positive” about the allocation their tax dollars and the value received for the services those dollars pay for. This decline fell within the “neutral” category rather than “negative,” indicating that some of the respondents did not feel strongly one way or the other. 4. Kent scored high for the variety of housing choices and quality of commercial shopping districts. 5. Safety: Crime rates in Kent have Crime decreased substantially (by double-digits), but survey respondents reported feeling less safe, fueling a perception that the community is less safe today. Could this be an issue of decreased or less visible police presence? Or might it reflect concerns about property crimes over personal safety? The survey results do not shed light on these questions because the survey question remained at a rather high level by asking about crime and safety in general. And because the preponderance of responses fell in the “neutral” category, residents may not feel that there is a crime problem. Some of the themes from the survey were: 1. People are more in the neutral camp than before; that doesn’t necessarily mean that people feel unsupportive of direction the City is going, but instead may not feel strongly in one camp or another. 2. There are mixed feelings around the willingness to pay more in taxes to support City services, with a reduction in willingness from 2016 to ’18. Survey respondents may not understand that most taxes they pay are not imposed or collected by the City, but by the State of Washington and King County. It is more likely that they were thinking about the total amount of taxes they pay when asked if they are willing to pay taxes overall. Given this, could the City be more deliberate in how it messages City taxes to residents? 3. Kent meets expectations for overall quality of services; it is performing above the performance of other 3.5 Star Communities. Listed below are strategies and ideas for the future that could help the City understand more precisely the needs, concerns, and interests of Kent residents. No effort was made to reach agreement on these ideas; they were the result of brainstorming during the discussion of the strengths and weaknesses of the 2018 Community Survey and its findings. 1. Conduct targeted or qualitative follow-up with the survey respondents. The purpose would be to gain further insights into the public’s feelings and perceptions. For example, understand more accurately why the feeling about the public’s safety during the daytime has worsened. 2. Rather than conduct a lengthy, broad survey in future years, conduct several shorter, more focused surveys on various subjects, such as public safety or parks and recreation. This could avoid asking questions for purely informational purposes and instead ask questions for which there is a plan to move forward. 3. Responding to some of the key findings about how the City communicates and where residents get their news, understand better why there was a decline in the use of certain information sources such as the Quarterly Parks and Recreation Guide, radio (FM, AM, or streaming), Kent TV 21, and information published by the Neighborhood Councils. 4. Might any of these ideas improve communications between the public and City? o Inform residents about the ability to view Kent TV 21 online. 8.A.1 Packet Pg. 21 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 10 o Educate people on the “brand” (identity) of the City by using utility bills or other such publications. o Use visuals and images, which may be more digestible than large quantities of text. o When the Kent Reporter fails to write a story on something of importance to the City, publish our stories using a variety of communications mechanisms. o Issue a quarterly periodical like the one the RFA publishes. Saturday Sessions: COUNCIL DISCUSSES INFORMATION TECHNOLOGY VISION AND PATHWAYS The Council’s retreat on Saturday morning began with a discussion, led by Mike Carrington, about the City’s vision for information technology and the strategies that are being implemented and will needed in the future to advance it. The discussion also included Mike’s assessment of the challenges that make achieving the vision more difficult. Vision: Becoming a “Smart City” is an aspiration. The video Mike showed at the start of his presentation illustrated the sophisticated strategies needed to reach that standard. It also highlighted that becoming a “Smart City” requires deep commitment and a high level of resources. A “Smart City” integrates the physical and digital worlds so that, for example, air quality is improved through the application of technological advances. If Kent cannot become a “Smart City” in the near future, Mike laid out two pathways for the City to make strides toward achieving the vision. 1. Pathway #1: Invest in the infrastructure—hardware, software, and services—to strengthen and modernize the City’s internal information technology, and expand its use across all departments. Then, it to build technological connections between the City and the wider community, including businesses. § In response to a Councilmember’s question, Mike said that the City has made incredible progress in the last five years. Some current projects involve replacing older technologies, while some involve innovations to maintain technologies so that they don’t become outdated. 2. Pathway #2: Evolve from current accomplishments to future ones, from data to information, and from information to knowledge (sensors provide data to inform better decision-making), the result being knowledge-based measurable decision-making. Mike commented that “enterprise solutions” and “business intelligence platforms” will allow the City to advance toward the vision of knowledge-based decision-making. He complimented the Police and Parks and Recreation Departments for already using these platforms. Under the umbrella of this vision and the two pathways, Mike cited two tools that are representative of the tools that can move Kent forward. They were: 1) the Open Data Portal that gives the public easy and instantaneous access to all City records; and 2) the Technology Action Board (TAB), a subset of the ELT, that receives recommendations from the IT department project managers, and agrees on the City’s IT priorities. 8.A.1 Packet Pg. 22 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 11 Challenges: Challenges that Kent faces today include: 1. The percent of data storage that is occupied continues to grow. 2. The vast majority of emails that come to the City are spam. 3. Each week the IT staff deals with an average of 148 viruses. 4. The incidence of “malicious viruses” and “bots” is increasing. § Mike reminded everyone to look carefully at the sender’s email address if the message seems suspicious. It may contain unexpected numerals or letters within the address. If so, or if there is anything else that raises suspicions, forward the email to the IT help desk to deal with it. § Mike also mentioned that the TRAPS program is a sophisticated program that prevents the transmission of TrickBot attacks into servers. However, it can miss a threat. When you click on a suspicious link by mistake, turn off the computer and contact the IT staff. 5. The City is transitioning data to the Cloud and reducing “on premise” servers. But IT staff recognizes the pros and cons of this strategy. Cloud storage must be stable, reputable, and trustworthy because, for example, public records requests would be severely affected if somehow data stored in the Cloud were inadvertently eliminated. Responding to a Councilmember’s question, Mike commented that the City keeps its eye on “getting the biggest bang for its buck.” For example, the City just negotiated with Comcast a ten-year franchise agreement. He also said that to meet the challenges of the future, the City has to stay current, and even a step ahead, of changes in technology. Future Ideas and Strategies: The Council, Mayor, and ELT briefly reviewed these strategies that Mike presented: 1. Examine “Smart Cities” that have funding/revenue source limitations similar to Kent’s to learn how they are leveraging resources. 2. Ensure that projects are undertaken at appropriate junctures, which requires coordination with other City schedules and projects. 3. Configure Cloud systems to more effectively avoid problems associated with customizing systems. 4. As current projects are finalized, the IT team should be able to focus on refreshing and maintaining those systems as well as conducting comparisons between Kent’s and other cities’ technologies. 5. Like Tukwila, provide free Wi-Fi for students. In the past, the Kent Corridor hosted free Wi-Fi but it became too expensive when vendors raised rates significantly. But the Parks and Recreation Department is interested in exploring this strategy, so it may be worthwhile to learn from Tukwila and engage local vendors. COUNCIL DISCUSSES HOMELESSNESS AT LENGTH AND IN DEPTH For this discussion of slightly more than two hours, Merina Hanson, the City’s Human Services Manager, and Police Commander Mike O’Reilly joined Julie, Raf, and Tim in presenting what Kent is currently doing to address homelessness, what other partners are doing, how homelessness impacts public health, City facilities, safety, and the environment, and what more might be done at the local, regional, and state levels to address the issue. 8.A.1 Packet Pg. 23 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 12 The first thing to note is that while our part of the country is thought to have some of the most strategic and effective approaches to dealing with homelessness, the number of homeless people in the Puget Sound area is increasing. Our situation mirrors what is happening elsewhere, lending credence to the belief that homelessness is a nationwide problem. To provide context to homelessness in Kent, Marina cited these statistics: • In the annual regional count of the number of people who are homeless, the count in Kent was 177. But a more accurate number is likely to be 250. • Eighty percent of students who experienced homelessness in 2016-‘17 were students of color. Nearly all of them had experienced homelessness by temporarily living in hotels or motels, in transitional living situations, and by staying with friends. Very few of them (less than 10%) were unsheltered or living in a car. What Kent’s Doing to Address Homelessness: The City is currently: 1. Engaged in both preventive and reactive efforts, and investing in the continuum of “wrap around” services that most effectively meet the needs of the community. 2. Balancing two interests that can seem in conflict: Ensuring public safety and operating with compassion. 3. Working at the local and regional levels. 4. Contracting with a variety of community partners for services, some of which are intended to prevent homelessness and some of which are focused on individuals experiencing homelessness. Kent also supports service providers who manage facilities and the services offered within them. 5. Managing a biennial funding application process that includes: § Community partners submit applications for funding. § Human Services staff comprehensively reviews and analyzes the applications. § Staff recommends which applications should be funded. § The recommendations are included in the Mayor’s proposed budget. § The City Council reviews and approves them as part of the adoption of the budget. What Community Partners are Doing: There are many community partners that the City does not help fund but which the City depends on to provide homelessness services. Among them are: 1) CREW, which provides mental health substance abuse services; 2) The Salvation Army: conducts outreach to people residing in vehicles and has access to three “low barrier shelters” that have in total more than 600 beds per night; 3) Kent HOPE, a day shelter for women and children; 4) The Union Gospel Mission, which provides search and rescue to unsheltered people; 5) Vine Maple Place, serving primarily homeless women and children and providing access to jobs and financial empowerment; 6) Mary’s Place, which recently opened a shelter in Burien; and 7) Shared Bread, which provides utility assistance, a safe parking program for people living in their cars, and hot meals. Furthermore, Seattle and King County are joining forces to work on homelessness issues this year. In previous years, Seattle and the County had operated in separate silos. This partnership reflects significant 8.A.1 Packet Pg. 24 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 13 planning and cooperation at both the policy and operations levels, which should also benefit Kent and other cities. Additional Issues, Considerations, and Complications: 1. There is not a well-planned network of service hubs throughout the region. 2. Churches and other providers of shelter have not wanted to participate in the “rotating shelter model,” which means this model may not be feasible. 3. Reducing restrictions on who may stay in shelters creates greater challenges for shelter hosting groups. 4. Placing people in permanent supportive housing results in better outcomes in the long term, but shelters are still needed to address short-term issues and challenges. Thus, the system must balance short-term and long-term needs and invest in both. 5. Catholic community services is developing an eighty unit permanent supportive housing project on Kent’s West Hill; 40% of the units will be set aside for homeless veterans, chronically homeless people, and homeless people who have been the hardest to reach. 6. Under the definition of “being housed,” the U.S. Department of Housing and Urban Development (HUD) doesn’t consider tiny homes as suitable, acceptable, or in compliance. Because the City relies on HUD guidance and funding, we cannot afford to ignore or violate HUD’s very prescriptive housing guidelines. Public Safety Issues Around Homelessness: Police Commander Mike O’Reilly led this part of the discussion with the Council, Mayor, and ELT. He provided this overview of what the Police Department is doing to work with people who are homeless and to address public safety issues related to homelessness. The Police Department’s goal is to connect homeless people to services, not arrest them. The department tries to balance support and enforcement. Today the Police Department spends approximately $650,000 annually on homeless services. This figure only represents the cost of personnel, not other related costs. The department has little interaction with individuals and families facing the short-term crisis of homelessness. Police officers interact with people with mental health and substance abuse issues when there is a risk to public health and safety. Because their lifestyle is more solitary, the department’s interactions with them are not all that frequent. But there are homeless individuals who frequently demand the Police Department’s attention because they pose threats to public safety, including to other homeless people. They often adamantly oppose assistance and referrals to service. These individuals draw the largest portion of the Police Department’s time and resources that the Police would rather spend helping homeless people connect to services. The department has tailored its operations to particular situations. For example, the bike unit has morphed into a team of officers responding to and providing services to homeless people. Another challenging situation is the department’s work with homeless camps. They can pose significant environmental and public health hazards from human waste, needles and syringes, and potential fires. Some companies who contract to clean up these encampments have found that some camps are too dangerous to abate. And some camps are reestablished even after they have been cleared. Because there is a wide array of complaints from Kent residents about the camps, the Special Operations Unit (SOU) prioritizes its work by the size and scope of the camps. Before making contact with a camp’s residents, SOU defines what personnel are needed to clean it up (the jail crew, public works staff, etc.). During the initial visit, SOU does not run the names of occupants through a database in search of offenders; rather, it focuses on connecting people to services. SOU staff also tries to educate and provide warnings about incompliance with codes. The size of the camp determines the amount of time provided to the occupants to clean up and leave. SOU visits camps multiple times, providing service referrals or the opportunity for occupants to set up alternative housing arrangements. 8.A.1 Packet Pg. 25 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 14 Commander O’Reilly ended his remarks by listing these limitations on the Police Department’s services: 1. The loss of the bike program has undermined the department’s efforts. 2. The department staffs its marine operations solely on overtime. 3. Significant time and energy are devoted to contacting and coordinating with the owners of the encamped/trespassed lands. 4. The City pays for the cleanup of camps, but property owners are likely shouldering some of the costs, too. Public Works Issues Around Homelessness: Tim LaPorte summarized the environmental issues and challenges presented by homelessness. He described the environmental health problems created by the camps. For example, fecal and chemical contaminants are washed into creeks and rivers. This is creating for the Public Works Department, acting on behalf of the City, a challenge in complying with federal and state clean water and hazard abatement mandates. Parks and Recreation Issues Around Homelessness: Julie Parascondola described the major challenges facing her department in addressing issues related to homelessness. She said that the biggest conflicts result when homeless people camp in parks that are used by the public. The perception that parks are unsafe reduces public health and wellness and undermines public support for parks in general and recreation programs more specifically. This ”conflict of use” problem also creates liability issues for the City. In addition, Parks and Recreation employees and operations are affected. Staff may not feel safe or may not want to spend their time cleaning up parks and recreation facilities after being used by homeless people. Because the department is not receiving additional resources for these purposes, funds meant for other programs and services could be siphoned away. All in all, these conditions are a burden on City operations and may make working for the department less attractive. Next Steps and Future Ideas and Strategies: The next major step the City will take to address the issue will be the release in June of the Regional Action Plan. Merina is a member of the Regional Task Force that is sponsoring the report. In March the preliminary release of the report will illustrate how spending on homelessness has been tied to outcomes and may highlight new focused strategies. Other steps the City is taking to address homelessness include: 1. Monitoring proposed legislation in Olympia regarding mental health services funding, including for homeless people. 2. Advocating that funding be channeled to prevention to help reduce the overall costs of addressing homelessness. 3. Encouraging other cities to increase their investments. Kent uses a per capita funding model, but other cities don’t. Staff is trying to influence other cities to adopt the per capita funding model so that they begin to approach the funding level that Kent has attained. 4. The Police Department hopes to fully staff the SOU. 5. The Police Department also plans to establish a mental health response team, which would include a mental health professional, a caseworker and a police office, to be able to respond more rapidly and comprehensively to situations involving homeless people in need of mental health services. 8.A.1 Packet Pg. 26 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 15 Councilmembers Larimer and Fincher reported that they have met and will meet with renters and property managers to possibly propose an ordinance to add protections for renters that are aimed at preventing to evictions and homelessness. If this proposal moves forward, the City Attorney’s Office will need to be involved in drafting it. Some Councilmembers also expressed an interest in ensuring that housing, including rentals, is affordable for Kent residents. They want to see that residents of all income levels are served but that in particular residents with low incomes are not pushed out of the city. It was also suggested that expanding the hours of the Community Engagement Center could ensure individuals have a safe place to be during the day, but it was noted that this could impact surrounding businesses. COUNCIL DISCUSSES VISION AND FUNDING FOR PARKS AND RECREATION Parks and Recreation Director Julie Parascondola opened the discussion by commenting that while parks and recreation programs have high returns on investment, these programs are usually the first areas to be cut when budget reductions are in order. This is a national trend, not just local. In Kent, concerns about future General Fund reductions and parks and recreation program cuts are creating stress for the Parks and Recreation Department staff. Julie also noted a recent success: The golf course plan was an excellent illustration of the importance of strategic planning and the leveraging of scarce resources. And Julie told the Council that her long-term vision includes getting the department designated as a nationally accredited parks system by 2023. In the interests of preparing the department for the future, and to increase both its value and efficiency, Julie is ensuring that: 1. The nine divisions within the department are coordinated and thinking and acting collectively. Because they are at different stages of maturity when it comes to strategic planning, they are working to align their strategies in eleven areas. Each set of strategies has performance measures for the purposes of evaluation and process improvement. 2. Employees are increasing the level of data tracking and evaluation of implemented projects and programs. For example, the department surveys residents to more accurately understand their needs, concerns, and interests, and what projects they would prioritize. The surveys indicate that Kent residents are very supportive of parks and recreation. One area that the department is planning to further examine is the public’s interest in and need for additional public transportation to access the parks and recreation facilities. 3. The department strategically identifies and applies for grants and other kinds of funding. Julie assured the Council that these grants are aligned with the City’s vision and existing City, School District, and King County policies and plans. 4. The department examines creating new sources of revenue to diversify and stabilize its funding sources while reducing reliance on the General Fund. Survey results will direct it in exploring permit and fee pricing structures, including the possibility of charging non-Kent residents more than Kent residents for programs and services or basing those costs on a sliding scale determined by need. In addition, the Washington Parks and Recreation Association is working at the state level on possible legislation to allow Parks Districts to receive one-tenth-of-a-percent of sales tax revenues or to gain the bonding authority currently given to Local Improvement Districts (LIDs). 8.A.1 Packet Pg. 27 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 16 In addition, the department is focusing on identifying funding from King County for the Interurban Trail and recreation areas such as Panther Lake. Julie will soon meet with King County Councilmember Reagan Dunn to advocate for returning to Kent more levy funding (Kent currently contributes $3 million annually and receives in return $250,000). 5. Parks and Recreation implements “greening processes”—the use of environmentally friendly products in the parks and processes throughout the department. 6. A succession plan captures the knowledge of existing professionals who will be retiring in the coming years to ensure that institutional history is not lost and a smooth transition from long- time to new employees. The Human Resources Department has been enlisted to help with the succession plan. COUNCIL REVIEWS CITY’S WORK TO ADDRESS SOME QUALITY OF LIFE ISSUES In preparing he retreat agenda, Councilmembers expressed interest in a variety of issues affecting the quality of life in Kent. Kurt Hanson reviewed what the Administration has done or is doing to address a number of quality of life issues. Code Enforcement: Code Enforcement has two code enforcement officers, including one who was recently hired. A number of departments coordinate in this endeavor, particularly ECD and the Police, but occasionally Public Works and the City Attorney’s Office, too. Hundreds of staff hours can be devoted to a single case. For example, no action can be taken until the owner of a property is contacted, which can take a lot of time. Sometimes abatement funds are used and sometimes, though rarely, criminal charges are filed. Some cases also required coordination with the Regional Fire Authority (RFA). An ordinance adopted by Council in July 2018 streamlined and improved Code Enforcement. When there is a clear violation, the new ordinance provides officers the ability to immediately write citations for either commercial or residential property. Citation recipients can either pay the fine or contest the citation, at which point the goes to Court. Qualitative reports have shown this new system saves an enormous amount of time because the City can move from initially identifying the problem to obtaining compliance at a much quicker rate. The Code Enforcement Division will soon be transferred from ECD to the Police Department’s Investigations Division so that all filed operations are under one central leadership. The division already deals with problem properties and related issues in the neighborhoods, so it makes sense for officers to have the ability to enforce codes. The budget line item for Code Enforcement is accompanying the program and staff’s move to the Police Department. Accountability measures will ensure that there is still coordination between the Police and CED. Rental Housing Inspection Program: Before this program existed, the City did not have a mechanism to get into privately owned hazardous or dilapidated housing facilities. Because they could not be adequately inspected, owners could take advantage of the situation to violate size-of-bedroom requirements and other housing rental and/or health codes. Today the City can inspect apartment dwellings where there are three or more units every three years. Buildings with less than three units are not being registered, and, therefore, are not 8.A.1 Packet Pg. 28 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 17 inspected through this program. When there is a violation and tenants are disrupted, the landlord is responsible for providing housing for those tenants. The program will commence with rental inspections in the northeast corner of Kent because of the relatively newer median age of the structures. Notices are being send to owners in that quadrant, letting them know of this requirement and the City’s authority to inspect. In addition, because the City wants to ensure that this program is self-funded, the annual apartment business license fee has been increased by $15 to pay for it. The Condition and Cost of Parking Signs: Kurt mentioned that it is Important that the public understands that the City does not have a choice in replacing and paying for reflective parking signs for parking zones; they are required for regulatory compliance. This messaging to the public must be clear. Windshield Inspections in Neighborhoods: In ensuring compliance, fliers were sent to neighborhoods alerting them to the issues and requirements. The fliers saved resources that would otherwise have been devoted to tracking down and sending letters to each individual owner who was in violation of the Code. RALLY THE VALLEY: TRANSFORMING KENT FROM WAREHOUSING TO MANUFACTURING For over four decades Kent has received significant revenue from an economic infrastructure in the Kent Valley that was based on warehousing. The State of Washington’s implementation of the streamlined sales tax (destination-based sales tax) has led to a massive loss of revenue from sales tax, so Kent has become a “pass through” whereby the state greatly benefits from Kent’s global e-commerce in the warehouse industry while the City receives a declining portion of the tax revenues. From this development emerged “Rally the Valley.” Kent has gotten seven cities in South King County to agree to name the industrial valley the “Kent Industrial Valley.” “Rally the Valley” is the effort to transform this industrial area from warehousing towards the manufacturing, aerospace, and engineering industries. Twenty-seven percent of the Kent Industrial Valley workforce is engaged in such industries, but 73% are not. These sectors bring in the greatest revenues but are the minority of jobs. Kent and the cities of the Kent Industrial Valley are intent upon reversing this. Today warehousing generates a low level of revenue but consumes a high proportion of land. In addition, it requires out of proportion land and street maintenance costs that are borne by the City. And today it minimally contributes to the City’s employment market. Manufacturing holds the promise of generating more jobs and revenue while costing less in terms of maintenance Kurt outlined the long-range strategies. They are: § Recruit and promote manufacturing in the Kent Industrial Valley. § Demonstrate to employers the benefits of living in the region and why their employees want to live and work here. § Incorporate design criteria into the industrial code to ensure pedestrian network connections at key nodes. § Move toward performance based zoning; current zoning regulations, which are from the previous era of warehousing, are outdated. The City is embarking on an eighteen-month process , 8.A.1 Packet Pg. 29 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 18 including public meetings, to negotiate policy and Zoning Code changes that will promote manufacturing industries. § Revisions to the lodging tax now allows the City to hire a public relations firm to conduct marketing and promotion (including website and media campaigns) targeted specifically for “blue” industry investments and manufacturing industries. This is a much more effective use of funds than investing in general tourism promotion. § The seven partner cities have agreed to jointly market the Kent Industrial Valley for advanced manufacturing. § The City is leveraging partnerships with industries by establishing “seed money” whereby industries match City funding for manufacturing development. At the end of Kurt’s presentation the Councilmembers appeared interested in and enthusiastic about this vision for the valley and the Administration’s efforts to date, particularly gaining the support of the other cities for calling the valley the Kent Industrial Valley and joining together to market it for manufacturing. ISSUES ON THE HORIZON Here are issues the Councilmembers expressed interest in and predicted would be topics of their future conversations. These issues are not ranked and reflect individual member’s interests. § HR’s Cultural Community Conversation training has been great. § Current conversations to revamp and come up with Racial Equity and Social Justice training. § Location/landmark named for Officer Diego Moreno. Mayor Ralph and staff are looking into the most appropriate landmark and location. § Inventory of available housing. Hayley Bonsteel will look into current version and revise if needed and present it again to Council. § Codes for: 1) Design standards in new single-family developments; and 2) Enforcing existing commercial design standards. Kurt and his staff have this information; Kurt offered to brief any interested Councilmembers. As this list was being generated, four ideas were generated that address current issues. The latter two will be implemented. 1. City Council Districts: Election not at-large but by district. Most Councilmembers stated that they do not favor district elections. It was also noted that the current Council is diverse and representative of all principal Kent neighborhoods. Some Councilmembers noted that an unintended consequence could be that there would be a reduced incentive to consider and address needs of the entire city. 2. Update Council Manual to revised the Council Meeting dress code. There was a general consensus that the Manual does not need to be updated, but that Councilmembers should be reminded to avoid wearing of jeans, shorts, and flip-flops. 3. Protocol for Responding to emails from resident to the Councils. Everyone was reminded that the practice is for the Council President to respond on behalf of the entire Council. Other Councilmembers may respond there is a need for coordination. The Council President also forwards messages to the appropriate Council Committee chair and department when the email addresses issues for which a particular committee is responsible. Afterwards the Council Committee chair should report back to the Council President on the status of the issue and reply. Derek will update orientation materials to include e-mail protocol. 8.A.1 Packet Pg. 30 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s 19 4. Councilmembers’ use of social media: Councilmembers must specifically state that they are speaking from their personal perspective and that they are not speaking on behalf of Council. Reminder: When on professional OR personal social media page, whatever a Councilmember writes is subject to public records requests. WHAT ARE WE TAKING AWAY FROM THIS YEAR’S STRATEGIC PLANNING RETREAT? The Council, Mayor, and ELT answered that question by saying: § Importance of succession planning § Great presentations from departments § Very helpful and informative presentation on homelessness in Kent § Seeing everything we are doing to address associated issues § Exciting to see economic development in the Kent Industrial Valley § Great to address other issues that aren’t the budget § Importance of departments banning together to “tell our story” § Focus on the future of Kent—tackling today’s issues with a lens on improving the future § How state and regional efforts related to affordable housing will impact Kent § Excited to continue actively participating with Rally the Valley § Coordination and ability to work together as leaders § Fantastic professionals and responsive leadership § Exciting to see transformation of the City § IT roadmap and leadership is impressive § Resident survey: We must strategically think about how to work with residents to make decisions for the betterment of the community 8.A.1 Packet Pg. 31 Co m m u n i c a t i o n : A p p r o v a l o f F e b r u a r y 1 , 2 0 1 9 a n d F e b r u a r y 2 , 2 0 1 9 , K e n t C i t y C o u n c i l 2 0 1 9 A n n u a l S t r a t e g i c P l a n n i n g M e e t i n g M i n u t e s Pending Approval City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Date: March 5, 2019 Time: 5:00 p.m. Place: Chambers I. PRESENTATIONS Council President Boyce opened the meeting at 5:03 p.m. II. CALL TO ORDER President Boyce opened the workshop at 5:03 p.m. Attendee Name Title Status Arrived Dennis Higgins Councilmember Present Les Thomas Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present Marli Larimer Councilmember Present 2. Sound Transit Project Updates Link Light Rail Liaison, Kelly Peterson gave a brief introduction of the Sound Transit Project Updates and tonight’s presenters. Sound Transit Second Parking Garage Senior Long-Range Planner/GIS Coordinator, Danielle Butsick presented an update on the Sound Transit second parking garage in downtown Kent, including: An Overview of progress since the December 12, 2019 meeting A letter was submitted to Sound Transit regarding the layout and capacity for future transit growth and concerns over the width of the road. Metro needs 19 bus bays - active and layover in the bus area Sound Transit and Metro adjusted the layout to accommodate 2025 needs for transit service - mainly the surface lot - if converted to bus layover space. Staff and Mayor accept this planning horizon and the wider streets if it supports the Downtown Subarea Plan - growing transit and creating a pedestrian-friendly environment. Butsick advised that she met with the Sound Transit project team, planner, and Hayley Bonsteel to discuss Downtown Design guidelines and talked 8.A.2 Packet Pg. 32 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 2 of 7 through the concerns. Staff expressed interest in being flexible in interpreting downtown guidelines broadly. Details have yet to be worked out on the roadway design - analysis on pedestrian safety. The High Capacity Transit Facility code requirement of the bottom floor being built or convertible to commercial purposes is problematic for Sound Transit. Sound Transit does not have organizational capacity to be a landlord. The biggest problem for Sound Transit is the 14" clear height requirement. Bonsteel asked for guidance from the Council. Mayor and councilmembers do not want vacant storefronts and are open to creative solutions including interactive art/design. South Sounder Project Development Director, Melissa Saxe indicated the 14' height requirement would impact parking spaces on 1st level and that a 10- 11’ height requirement would impact parking spaces throughout the garage. Sound Transit will determine how it will impact design and construction costs and will look for opportunities to improve pedestrian-friendly access. The project is scheduled to be completed in 2023. Staff will research the pros and cons of 1st floor retail and the 14" height requirement and will return to a future workshop. Federal Way Link Extension Executive Project Director at Sound Transit, Dan Abernathy provided an overview of the Federal Way Link Extension Project. The extension is scheduled to open in 2024. Project corridor length is 7.8 miles and travel time will be 12 minutes 2035 daily ridership is estimated at 36,500 riders Abernathy reviewed the Kent/Des Moines, South 272nd Street and Federal Way Transit Center station areas Project timeline: Alternatives Analysis, Environmental Review, Pre-Construction, Design & Construction, Testing & Pre-Operations, start of service to Federal Way Transit Center in 2024. Issue Design Build Contract and issue a notice to proceed. Last week they demolition five houses along South 28th off 272nd Once design build team are under contract, trees will start coming down. 8.A.2 Packet Pg. 33 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 3 of 7 Communications to public included meeting with neighbors over the last four years and will start again in late June informing them of the timeline. Once design builder is under contract, they will start planning for Transit- oriented development. Tacoma Link Extension The Operations and Maintenance Facility scoping period for the Environmental Impact Statement is open and staff are working on the comment letter. Council President Boyce advised that today he, along with other staff met with Sound Transit South Corridor Development Manager, Chelsea Levy. Boyce indicated Sound Transit will be transparent, trustworthy, honest, involve City at the right time - the City and Sound Transit are true partners. Levy indicated Sound Transit is in the early phases of this project and this is the first time Sound Transit is presenting to Council on this subject, and that they will return early and often through the planning process. Less than 3% engineering has been completed and a site has not yet been selected. The high-level of analysis done to date is intended to provide an indication of what sites might be viable and need to be studied further and which are not viable. This will occur over the next two years. There will be a SEPA EIS evaluation and there are currently a lot of unanswered questions. The potential sites are in highly developed areas - complicated areas to be building mega projects. Comments on the six sites identified are being sought from the public and stakeholders. Once the list is narrowed, they will need to study further on EIS. Official comment period is February 19, 2019 through April 1, 2019 which is 30 days beyond the 30-day requirement. Sound Transit is in the beginning of the environmental process. The Sound Transit Board is expected to decide at its May 23 meeting which sites move into a draft Environmental Impact Statement Phase. Sound Transit staff will not make a recommendation, but will present data and analysis to the Board. Sound Transit Project Development Director for the Tacoma Dome Link Extension Project, Curvie Hawkins Jr, provided the Council with information that included: 8.A.2 Packet Pg. 34 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 4 of 7 Background This project was included in the ST3 plan. This is one of four OMFs planned for the region. Location and size supports system expansion of multiple projects There is a need for a strategic facility Open by 2026 OMF South status Very early in planning Specific Site has not been identified Preliminary sites identified Public comment scoping period February 19, 2019 through April 1, 2019 OMF Overview Establish a safe, clean, and comfortable ride for passengers Vehicles are cleaned and stored every night along with service and routine maintenance. OMFs also house staff and equipment for train operations and station and track maintenance 300+ jobs on site, 100+ during construction Typical OMF Configuration 10 storage tracks Maintenance building with 12 service lanes Track yard leads connecting to main lines Auto/truck access points Employee and visitor parking OMF South requirements Accommodate 130+ light rail cars 30+ acres or more based on-site conditions For operational efficiency Needs to be located in South King County Able to connect to operating track in 2026 OMF South evaluation process from early scoping in 2018 through scoping in 2019 Early scoping - April 2018 - 24 sites identified Pre-screening - July 2018 -Narrowed to 20 sites Results of alternatives evaluation - narrowed to 6 sites Sound Transit was aware of the Dick's development - July of 2019 Preliminary estimates - used to compare and inform sites, not meant to establish budget 8.A.2 Packet Pg. 35 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 5 of 7 o Consistent methodology o Based on limited conceptual design o Does not establish a Project budget. Project budget established later in design Overview of sites for EIS scoping - advantages and disadvantages South 240th Street and SR 99 Comparison - Councilmember Higgins expressed disappointed there is no disadvantage identified regarding the loss of the transit area. Midway Landfill and I-5 comparison - Right-of-way considerations - cost driver is the construction of the concrete platform and there are no comparable properties based on surrounding property values. Sound Transit Project Director, Paul Bennett - Provided information on the existing OMF in SODO. It was a fill site, not a superfund landfill. Disadvantages - complex concrete platform to avoid digging into ground - moving dirt could open record of decision & would complicate the reaching of a schedule to get open. Bennett explained the differences between pile driver vs. excavating A consultant determined there was a need for the 3' thick slabs HDR is the consultant that came up with initial thought process Bennett talked about the concerns regarding of contaminates and groundwater issues in open areas and in buildings. Bennett indicated Sound Transit hires consultants to help develop projects. Sound Transit would welcome the City hire a consultant to come up with an analysis that would allow for the OMF to be placed on a landfill - they are open to ideas to evaluate together. Bonsteel indicated she received the HDR consultant document today from Sound Transit. Mayor Ralph expressed her concerns that Sound Transit has indicated they came up with the thought process that came up with 3' cap, but now say that HDR came up with cap recommendation. Council requested Sound Transit add the disadvantage of “less compatible with current zoning” for the Dicks location. Midway Landfill and SR 99 comparison that has similar advantages and disadvantages as the Midway Landfill and I-5 site. South 316th Street and Military road comparison advantages and the 8.A.2 Packet Pg. 36 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 6 of 7 disadvantage of it requiring two tracks crossing of I-5. South 336th St and I-5 Comparison advantages and disadvantages, including it being less compatible with current zoning and the potential property impacts to the Christian Faith Center. South 334th St and I-5 Comparison advantages and disadvantages Property values are determined by the King County Accessor property values and neighboring property values Hawkins indicated the public can share their thoughts on 1. OMF South site alternatives 2. The purpose and need of the project 3. Social, economic, environmental and transportation issues that should be considered or evaluated during the environmental review of the project Public opportunities to participate: Online Open House OMFSouth.participate.online March 12, 2019 at 6-8 p.m. @ Federal Way Performing Arts & Events Center March 20, 2019 at 6-8 p.m. @ Highline College. Next Steps - Preliminary Schedule February 19 - April 1, 2019 - EIS scoping public comment period May 2019 - Sound Transit Board determines which sites to study in EIS 2nd/3rd Quarter 2021 - Final EIS released & Sound Transit Board selects OMF South Site Project timeline Voter approval in 2016 Planning, including public involvement 2018-2021 Design and Construction, including public involvement 2021-2026 Opening Date 2026 Council indicated it is important to get a breakdown for each of the site estimates, advantages and disadvantages, because the ones presented tonight don’t make sense. Bennett indicated that today is a preliminary briefing that included a listing of all six sites, summary estimates, unit costs, assessed values, and how Sound Transit assessed right-of-way costs. Sound Transit provided a copy of cost estimates SPU conducted from 2005 and indicated that Kent now has as much information that Sound Transit had and can evaluate cost estimates. 8.A.2 Packet Pg. 37 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 M a r 5 , 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 ) City Council Workshop Workshop Regular Meeting Minutes March 5, 2019 Kent, Washington Page 7 of 7 Councilmember Higgins appreciated tonight’s presentation and dialogue and asked Sound Transit: 1. Document financial incentives that can be accessed for redevelopment on a Brownfield - try to get quantifications of those opportunities 2. Equity - The idea that this neighborhood that has been envisioned by Kent and Des Moines, adjacent to a light rail system, and the idea that half of that would be taken away. What is equitable? What are the needs of the City of Kent vs. Bellevue that have different demographics. Higgins indicated that, although tonight’s discussing was technical, we better not lose sight of the equity issue. Councilmember Fincher asked if Sound Transit has contacted the EPA, and if so, is that information contained in today’s materials. Sound Transit indicated they have communicated interest and have received information. The report will be shared with Kent. Council President Boyce indicated that Kent wants to be at the table and that the City of Kent engineers are really smart and there needs to be a dialogue before decisions are made. We need to look at the big picture and determine how you put a dollar value on equity. Sound Transit will return to a future workshop to present an update. 3. TMP Update Move to next meeting Meeting ended at 6:45 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 38 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 M a r 5 , 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 Kent City Council City Council Regular Meeting Minutes March 5, 2019 Date: March 5, 2019 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Bill Boyce Council President Present Dana Ralph Mayor Present Toni Troutner Councilmember Present Marli Larimer Councilmember Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 3. AGENDA APPROVAL A. Motion Approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month Mayor Ralph recognized Andy Martin, a Maintenance Worked IV in the Parks, Recreation, and Community Services Department, as the February employee of the month. ii. Reappointment to the Parks and Recreation Commission iii. Recognition of the 2019 Community Arts Support Program Grant Recipients Cultural Programs Manager in the Parks, Recreation and Community Services 8.A.3 Packet Pg. 39 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 2 of 12 Department, Rhonda Billerbeck expressed appreciation for the opportunity to present information regarding the Arts program grant recipients. Billerbeck indicated the recipients make a big impact on the community with limited resources. The Kent Arts Commission is awarding funding to six organizations in 2019: Rainier Youth Choirs will use their funding to produce a summer choir camp for youth that culminates in a public performance. Interurban Center for the Arts puts their funding towards their Art Docent Program, which brings arts enrichment into local elementary schools with the help of parent volunteers. Rainier Chorale uses their funding to support their 2019 concert season, including a Masterworks concert in April and holiday concerts in December. At the Ridge Theatre will use their funding to create scholarships for students in need to participate in a summer musical theater camp. Kent International Festival will use their funding to support stage performances at the annual event schedule for May 18. KidsQuest Children’s Museum uses their funding to produce “Sculpting on the Road” free clay sculpting workshops at the Kent Library for kids and families. B. Community Events Council President Boyce invited the high school civic students attending tonight’s meeting to speak to the council regarding their civics projects. Council President Boyce provided details regarding past and upcoming events at the accesso ShoWare Center and invited everyone to attend an upcoming event or Thunderbird game. Councilmember Fincher advised of an upcoming Spotlight Series event and Kent Kid's Arts Day. Mayor Ralph advised that she will be giving her State of the City address on March 14th at the Kent Meridian High School Performing Arts Center at 6:30 p.m. Mayor Ralph presented information on the potential siting of a Sound Transit Operations and Maintenance Facility and advised of the upcoming opportunities to provide public comment. Mayor Ralph also provided clarification on the contract for a consultant to work on the feasibility and 8.A.3 Packet Pg. 40 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 3 of 12 viability of building on the landfill site. The contract is for an amount up to $100,000. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF Mayor Ralph provided information on her recent trip to Olympia with Council President Boyce, to testify before the House Ways and Means Committee regarding the jobs bill - streamlined sales tax bill. Mayor Ralph advised that she attended a conference regarding autonomous trucks - technology that allows trucks to be parked. This technology is about creating efficiencies in smaller spaces - how do we access technology that exists? The Kent valley should be an adopter of the technology. Council President Boyce provided a recap of tonight's workshop presentations from Sound Transit and City staff and encouraged everyone to provide comments regarding the potential Operations and Maintenance Facility sites. Councilmember Larimer serves on the Sound Cities Association Advisory Council on Aging and Disability Services. The next meeting is scheduled for March 15, 2019. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. During the Feb 27th meeting the Council discussed the charter for new a new committee for a Growth Management Planning Council Affordable Housing advisory committee. The $1.3 million dollar budget is coming from King County. Vision 2050 was discussed. Puget Sound Regional Council already has their Vision 2040 - this will add onto the 2040 Vision. The Council is currently evaluating three alternatives: (1) stay the course for growth (2)make it more transit focused growth, or (3) reset urban grown in a more distributed growth pattern around the region. Upcoming open houses: March 12, 2019 at Edmonds city hall 4-6 p.m March 13, 2019 at the South Tacoma Public Library 4-6 p.m. March 18, 2019 Bothell Public Community room 4-6 p.m. March 19, 2019 Bremerton City Council chambers 4-6 p.m. Kaur will report on the Domestic Violence Initiative Task Force Initiative and Puget Sound Clear Air Agency meetings during the March 19, 2019 City Council meeting. 8.A.3 Packet Pg. 41 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 4 of 12 Councilmember Higgins serves on King County Regional Transit Committee that will meet later this month. Higgins is the Chair of the Public Works Committee. During the March 4, 2019 meeting, the committee discussed the revisions to the parking ordinance. Before passing the ordinance, the Committee asked Toni Azzola to reach out to the Mill Creek and Kentridge neighborhoods to discuss the ordinance. Councilmember Troutner chairs the Public Safety Committee and will present a report during the March 19, 2019 City Council meeting. Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee that will meet on March 28, 2019. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board. The next meeting is scheduled for March 20, 2019 at Station 78 at 5:30 p.m. Councilmember Thomas chairs the Operations Committee. Today's meeting was cancelled and the last meeting's minutes are available online. Councilmember Fincher is the Liaison for the Arts Commission. The next meeting is scheduled for March 19, 2019. Fincher serves on Parks and Human Services Committee. The Committee recently discussed the driving range improvements and recommended the Council authorize entering into the South King County Housing and Homelessness Interlocal Agreement. Fincher serves on the Mental Illness and Drug Dependency Council. The Council is restarting funding the elder and geriatric programs to be funded through veterans and MIDD dollars. There was also a discussion on supported housing and Not in My Backyard housing. The Council also discussed the opioid bills and the voluntary treatment act. There was also a discussion on the Bill allowing parents to seek treatment for their minor children and the healthcare integration program. Fincher serves as the Vice-Chair on the King Conservation District and indicated their report on year 3 of their 5 year plan to the King County Council Local Services Committee. A. Chief Administrative Officer Report 8.A.3 Packet Pg. 42 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 5 of 12 Derek Matheson advised his written report is in today's agenda packet and there is no executive session tonight. 6. PUBLIC HEARING A. Resolution for the Surplus and Restrictive Covenant Removal for a Portion of the Green River Natural Resource Area in Support of the Lower Russell Road Levee Improvement Project - Adopt Mayor Ralph provided opening comments regarding the public hearing on the Resolution for the Surplus and Restrictive Covenant Removal for a Portion of the Green River Natural Resources Area in support of the Lower Russell Road Levee Improvement area. Mayor Ralph opened the public hearing. Public Works Engineer, Toby Hallock gave the staff presentation on the Lower Russell Levee. Hallock provided an overview of the Project including detailing the geographic location. The City has partnered with the King County Flood Control District. This project will improve flood protection from 100-500-year protection level, make in water improvements for fish habitat and riparian improvements. This project also includes the relocation of Van Doren's Park. The three affected parcels include the KOA campground, the Green River Natural Resource Area, and the Suh property. The City has been working with the KOA campground on the exchange of land. Hallock advised that there has been a modification to the amount of area listed in the GRNRA from what was presented during the Public Works Committee. Since the GRNRA parcels are under ownership of City of Kent drainage utility, the property needs to be surplussed and the restrictive covenants removed. The Suh property that is being acquired is located south of existing GRNRA and is more land than what city is giving up. PUBLIC COMMENT: Al Johnson, from Recreational Adventures Company spoke in support of the resolution and is excited about the additional area for the GRNRA. John Casey from the Curran Law firm represents Recreational Adventures Company spoke in support of the resolution. 8.A.3 Packet Pg. 43 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 6 of 12 Discussion: Higgins spoke in support of the resolution and indicated this subject has been discussed in Public Works Committee multiple times and this is a win-win situation. The committee thoroughly discussed this project and understand it is a necessary part of Lower Russell Road Improvement Project. Boyce moved to close the public hearing, seconded by Thomas. The motion passed unanimously with a vote of 7-0. MOTION: Adopt Resolution No. 1979, that declares that portion of the Green River Natural Resources Area described therein and owned by the drainage utility as surplus; authorizes the transfer of that surplus to the owners of the KOA Campground upon the City’s receipt of fair market value for the same as provided for within the Land Exchange Agreement; authorizes the removal of restrictive covenants that may be necessary to allow that surplus property transfer and exchange to occur; ratifies the Land Exchange Agreement with the owners of the KOA Campground; and authorizes the Mayor to take all other actions, and sign all documents, deeds, easements, and agreements as provided for within the resolution that may be necessary to fully implement the terms of the resolution and the Land Exchange Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT Dale Bright works for the King County Labor Council and spoke in support of the Apprenticeship Ordinance on tonight's agenda and provided information on the upcoming career showcase at the accesso ShoWare Center on April 30, 2019. Dan Steiffert, Conservation Chair of Rainier Audubon asked the Council to consider purchasing additional land adjacent to the GRNRA. Public Works Director, Tim LaPorte provided additional information regarding the high and low water flows that provide bird habitat and also indicated the property Mr. Steiffert was referencing is already preserved, required to be maintained as a wetland, and is privately owned. 8. CONSENT CALENDAR 8.A.3 Packet Pg. 44 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 7 of 12 RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Feb 19, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Feb 19, 2019 7:00 PM B. Payment of Bills - Approve MOTION: Move to approve the payment of bills received through 1/31/19 and paid on 1/31/19 and approve the checks issued for payroll 1/16/19 - 1/31/19 and paid on 2/5/19 audited by the Operations Committee on 2/19/19. C. Reappointment to the Kent Parks and Recreation Commission - Confirm MOTION: Confirm reappointment of Randy Furukawa to the Kent Parks and Recreation Commission for a three-year term. D. Ordinance Amending Kent City Code Chapter 6.01, Establishing Apprenticeship Utilization Requirements - Adopt MOTION: Adopt Ordinance No. 4312, adding a new section to chapter 6.01 of the Kent City Code, establishing apprenticeship utilization requirements for public works contracts of $1 million dollars or more. E. Ordinance Amending Kent City Code 13.01 - Submittal of Confidence Testing Reports - Adopt MOTION: Adopt Ordinance No. 4313, amending various sections within Chapter 13.01 of the Kent City Code, to clarify the authority granted to the Fire Code Official regarding the submission of annual confidence testing reports required by the International Fire Code. F. Ordinance Amending Chapter 9.02 of the Kent City Code – “Criminal Code” - Adopt 8.A.3 Packet Pg. 45 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 8 of 12 MOTION: Adopt Ordinance No. 4314, amending the Criminal Code found in Chapter 9.02 of the Kent City Code to adopt by reference, new civil infractions and misdemeanor crimes enacted by the State Legislature in 2016, 2017 and 2018; to adopt other crimes that were previously adopted by the State Legislature but not adopted into the Kent City Code; and to make other housekeeping revisions consistent with the Revised Code of Washington titles. G. Condemnation Ordinance for Railroad Quiet Zone Trespass Prevention Fencing - Adopt MOTION: Adopt Ordinance No. 4315, that authorizes the condemnation of property rights necessary to construct trespass prevention fencing for the Quiet Zone project. H. Consultant Services Agreement with JECB LLC, for Materials Testing for the South 224th Street Improvements Project 88th Avenue South to 94th Place - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with JECB LLC, to provide material testing services for the South 224th Street Improvements (88th Avenue South to 94th Place) Project in an amount not to exceed $130,515, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Release of Water Main Easement for Clark Springs Transmission Main - Authorize MOTION: Move to terminate the watermain easement under King County Auditor’s file number 4831724 and partially terminate water main easements under King County Auditor’s file numbers 4831715, 4831731 and 5810436 through Elk Run Division 8 tracts, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Purchase of Clark Springs Parcel - Authorize MOTION: Authorize the Mayor to sign all documents necessary to purchase a parcel of land (APN 2622069017) located at the Clark Springs water supply site from King County, in an amount not to exceed $2,012, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Little Property Parcel Purchase - Authorize 8.A.3 Packet Pg. 46 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 9 of 12 MOTION: Authorize the Mayor to sign all documents necessary to purchase a parcel of land (APN 1822059115), located adjacent to the City-owned Little Property from King County, in an amount not to exceed $2,128, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Purchase of McSorley Creek Wetland Complex Parcel - Authorize MOTION: Authorize the Mayor to sign all documents necessary for the purchase of a parcel of land (APN 768280-0045), located at the 26400 block of Pacific Hwy S., from King County, in an amount not to exceed $16,570, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Washington Utilities and Transportation Commission Grant for Pedestrian Safety Fencing at Union Pacific Railroad - Authorize MOTION: Authorize the Mayor to accept grant funds from the Washington Utilities and Transportation Commission for pedestrian safety fencing at the Union Pacific Rail Crossing in the amount of $10,000, authorize the expenditure of the grant funds accordingly and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. Washington Utilities and Transportation Commission Grant for Pedestrian Safety Fencing at Burlington Northern Santa Fe Railroad - Authorize MOTION: Authorize the Mayor to accept grant funds from the Washington Utilities and Transportation Commission for pedestrian safety fencing at the Burlington Northern Santa Fe rail crossing in the amount of $10,000, authorize the expenditure of the grant funds accordingly and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. Consultant Services Agreement with Tetra Tech, Inc, for Design and Upgrade of Aeration System at Lake Fenwick - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Tetra Tech Inc, in an amount not to exceed $68,490, for the design and upgraded aeration system at Lake Fenwick, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.3 Packet Pg. 47 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 10 of 12 P. Public Works Agreement with M.A.D. Construction, LLC - Authorize MOTION: Authorize the Mayor to sign a Public Works Agreement with M.A.D. Construction, LLC in the amount of $124,386.90, to provide labor and materials for the Kent City Council Chambers renovation project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. Q. Consultant Services Agreement with Broderick Architects for the Riverbend Driving Range Renovation and Expansion Project - Recommend MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Broderick Architects, in an amount not to exceed $200,200, for design services on the Riverbend Golf Course Driving Range Renovation and Expansion Project, subject to final contract terms acceptable to the Parks Director and City Attorney. R. Interlocal Agreement for Creation of South King Housing and Homelessness Partners - Authorize MOTION: Authorize the Mayor to sign the Interlocal Agreement between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County for the creation and operation of South King Housing and Homelessness Partners and take all acts consistent with the authority provided for by the Agreement, subject to final terms and conditions acceptable to the Parks Director and City Attorney. S. Flood Protection, Habitat Restoration and Recreation Covenant with King County Flood Control District at Van Doren's Landing - Authorize MOTION: Authorize the Mayor to sign a Flood Protection, Habitat Restoration and Recreation Covenant with the King County Flood Control District for three tax parcels at Van Doren’s Landing on the Green River, subject to final terms and conditions acceptable to the Parks Director and City Attorney. T. Engineering and Cost Consultation for Proposed Sound Transit Light Rail Facilities - Authorize MOTION: Authorize the Mayor to sign a contract with selected engineering firms to provide engineering and cost consultation to City staff for proposed Sound Transit Light Rail Facilities up to $100,000, subject to terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.3 Packet Pg. 48 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 11 of 12 9. OTHER BUSINESS None 10. BIDS A. 2019 Plastic Markings Project Bid - Authorize Public Works Director, Tim LaPorte provided details regarding the 2019 Plastic Markings Project Bid. MOTION: Award the 2019 Plastic Markings Project to Stanley Patrick Striping Company in the amount of $152,755.50, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: ADOPTED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher B. 2019 Paint Line Striping and RPM Replacements Project - Authorize Public Works Director, Tim LaPorte provided details regarding the 2019 Paint Line Striping and RPM Replacements Project Bid. MOTION: Award the 2019 Paint Line Striping and RPM Replacement Project to Stripe Rite, Inc, in the amount of $281,650, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: ADOPTED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT Mayor Ralph expressed condolences to the family of the victim of a pedestrian collision that resulted in the death of the pedestrian. Mayor Ralph adjourned the meeting. 8.A.3 Packet Pg. 49 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 M a r 5 , 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 March 5, 2019 Kent, Washington Page 12 of 12 Meeting ended at 8:03 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 50 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 M a r 5 , 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: March 19, 2019 TO: Kent City Council SUBJECT: Set Public Hearing Date for Adoption of a New Chapter Under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right-of-Way MOTION: Set April 2, 2019, as the public hearing date, and direct the City Clerk to give notice as the law requires, for Council to consider whether to adopt a new chapter under Title 6 of the Kent City Code that will establish utility design standards and aesthetic requirements for infrastructure located within the right-of-way, including small cell equipment, and proprietary or leased poles and equipment attached to these poles. SUMMARY: City rights-of-way are often utilized by utility and telecommunication providers to deploy various services to the general public. Specifically, wireless communication providers have continued to ask to use rights-of-way to install, construct and maintain facilities in new and different ways. While the City embraces and supports this technology, the City also recognizes that it has a duty to protect and manage public safety as well as the City’s investments of time, money and resources in the construction, design and undergrounding of these utilities. The Federal Communications Commission (FCC) recently took action further limiting the City’s authority to regulate the deployment of small cell equipment in the right- of-way. Although the City may establish and enforce design and aesthetic standards, they must be reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance. Standards must be published no later than April 14, 2019. This new chapter specifically addresses the aesthetic requirements and design standards for small cell equipment, as well as the poles that the equipment will be deployed upon. The design standards and aesthetic requirements have been crafted to address concerns of service providers deploying unsightly facilities that create traffic hazards, would be incompatible with the character of the neighborhood and streetscape, and that comply with the FCC’s requirements. Because this code amendment is a development regulation, state law and the Kent City Code require a public hearing. In the interest of time, staff recommends that this hearing be set for April 2, 2019--the same day the code amendment will be considered by Council. At the public hearing, staff will present the details of the 8.B Packet Pg. 51 design standards within the ordinance and the public will be afforded an opportunity to comment. At the close of the hearing, if the Council supports the amendments, it may adopt the ordinance. Once a public hearing date is set, staff will work with the City Clerk’s Office to ensure that notice of the public hearing is given as statutorily required. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Notice of Public Hearing Title 6 Utility Design Standards (PDF) 8.B Packet Pg. 52 Kent City Council NOTICE OF PUBLIC HEARING On an Ordinance adopting a new chapter under title 6 of the Kent City Code, which establishes utility design standards in the right-of-way. NOTICE IS HEREBY GIVEN that the Kent City Council will hold a public hearing on an Ordinance adopting a new chapter under title 6 of the Kent City Code, which establishes utility design standards in the right-of-way at 7 p.m. on Tuesday, April 2, 2019, in the Council Chambers at Kent City Hall, 220 4th Avenue South, Kent. All interested persons are invited to attend and will be given an opportunity to speak. Members of the public may also submit written comments at the meeting, or in advance by regular U.S. Mail to the City Clerk’s Office, 220 Fourth Avenue South, Kent, WA 98032, or by electronic mail to CityClerk@KentWA.gov. Any written comments sent in advance must be received no later than 4 p.m. on April 2, 2019, in order to be considered. 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 at 7-1-1. Kimberley A. Komoto City Clerk 253-856-5725 8.B.a Packet Pg. 53 At t a c h m e n t : N o t i c e o f P u b l i c H e a r i n g T i t l e 6 U t i l i t y D e s i g n S t a n d a r d s ( 1 6 6 5 : S e t A p r i l 2 , 2 0 1 9 , f o r a P u b l i c H e a r i n g o n U t i l i t y D e s i g n S t a n d a r d s DATE: March 19, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with AECOM for Upper Mill Creek Dam Construction Support - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AECOM in an amount not to exceed $96,177.05, to provide engineering support services for construction of the Upper Mill Creek Dam, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam project (“Project”) will begin construction this spring. This critical flood protection Project will reduce flood risk in the Kent Valley along Mill Creek. The Project will raise the height of the dam by 5.5 feet and will provide an additional 50-acre feet of flood storage. The engineer-of-record for the Project is AECOM. This agreement allows AECOM to provide engineer-of-record support, construction services and field observations as required by the City’s Dam Safety Permit with the Department of Ecology. This work includes construction support services for the placement of structural concrete, earth fill for the dam (including earth retaining walls), excavation work for vaults and culverts, and electrical/communications work. This agreement allows AECOM to review, comment, and make recommendations to City staff to approve changes or revisions that may arise during construction. BUDGET IMPACT: The cost is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Consultant Services Agreement with AECOM (PDF) 03/04/19 Public Works Committee RECOMMENDED TO COUNCIL 8.C Packet Pg. 54 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.C Packet Pg. 55 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and AECOM Technical Services, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101, Phone: (206) 438-2605, Contact: Rod Denherder (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 Project Management and Construction Support services for the Upper Mill Creek Dam Improvements 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 December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Six Thousand, One Hundred Seventy Seven Dollars and Five Cents ($96,177.05), 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 A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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.C.a Packet Pg. 56 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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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.C.a Packet Pg. 57 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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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 B 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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: Rod Denherder AECOM Technical Services, Inc. 1111 3rd Ave., Suite 1600 Seattle, WA 98101 (206) 438-2605 (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 AECOM - Upper Mill Crk Dam 4/Lincoln 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK February 25,2019 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek Dam storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety. AECOM provided engineering design services to the City of Kent to design and develop bid documents for raising the UMCD. This service resulted in Bid advertisement in June 2018. A contract is needed to provide services during construction. This document describes the scope of work for a new 2019 agreement between the City of Kent and AECOM prepared at the City's request. PROJECT WORK ELEMENTS The following tasks are included in the scope of work: o Task I - Project Management¡ Task 2 - Construction Support Task 1 - Project Management Project activities will be managed and coordinated and with the City meeting the goals, budget, schedule objectives and expectations for the project. Coordination with the City will be on a bi- weekly basis to ensure that these objectives are met. AECOM will notify the City when it is within one month of exhausting the budget to provide adequate time to execute an amendment. Progress, schedule, and budget will be monitored weekly during periods of work. lnvoices will be generated every four weeks. Monthly progress reports will be completed as cover letters for invoices. They will summarize work completed during the period of work and show used and available budgets. Potential out-of-scope items will be addressed after being reviewed for their viability and impact to the project. AECOM will be responsible for the quality of our work and will conduct in-house quality control/assurance including technical reviews for all AECOM deliverables prior to submittalto the City for comment and review. ln-house review will be documented for all submittals. AECOM will prepare a project specific Safety Plan, applicable for site visits provided by AECOM staff. Assumption: Construction willtake place during one construction seasons, with all applicable work requiring inspection and/or observation to occur in those time periods. Revised schedule is where construction is split, such as dam construction one year and the diversion structure/channel the next construction season. More than one construction season is not anticipated and may require an added level of effort beyond this scope of work. Construction 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A services for each task and construction season will be authorized by separate notices to proceed from the City. Task 2 - Services During Construction AECOM will provide Engineer-of Record (EOR) support for the project during construction and provide observations for construction of structural concrete, earthfill for the dam (including MSE wall), excavation work for vaults and culverts, and electrical/ communications. The budgeted costs for these services are based on an estimated construction duration of 3 months (13 consecutive weeks) of full time work each construction season (assuming I fish window seasons) and periodic assistance from the time of Contractor Notice to Proceed (NTP), to completion of construction and closeout. This estimated duration could vary greatly depending on the contractor's proposed methods and schedule. Detailed scope of work and assumptions follow. Task 2.1 - Engineer-of-Record Support AECOM will provide Engineer of Record (EOR) support during construction. This effort will include the following elements: a) RFI(s) - Respond to contractor's Request for lnformation (RFl) that are design related requiring EOR reviedapproval. This may include revising drawings, answering questions, and/or providing other information. b) Review and approve proposed design changes from either changed site conditions or other construction changes, including material test result issues/failures. c) Review and approve design changes requested by contractor's value engineering proposals or request for alternative or deviations to material specified. d) Coordinate with and provide other engineering support to City construction inspection staff (assume telephone support and/or site visits as listed below to confirm design assumptions and answer questions). This does not assume re-design. e) Coordinate with Washington Dam Safety Office (DSO) during construction inspection (assume up to one (1) site visits by either design/geotech EOR during DSO inspection). Ð Review and approve any outstanding submittals and shop drawings. Assumptions: . Respond to up to a maximum of 12 RFI's. Revise a maximum of 3 drawings (total) as part of the RFls, with minor revisions only. No new drawings will be developed. City will print, copy and distribute revised drawings and RFI forms.. AECOM will only review technical submittals that relate to AECOM's portion of the design.. Up to one (1) site visits conducted by electrical EOR.. Up to two (2) separate site visits conducted by design and/or geotechnical EOR (RFl review).. A brief Field Report will be provided for each site visit Deliverables:. RFI forms as required. Revised drawings. Task2.2 - Gonstruction Field Services AECOM will provide construction field services associated with this construction support service agreement between AECOM and the City. This effort will include the following elements. 2 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A a) Make periodic field visits and conduct project reviews for the quality of services provided by AECOM and consistency with AECOM's project safety and quality plans. b) Provide regular communication with team members including key stakeholders identified by the City. Assumptions: ' AECOM will combine field services with observations listed below where possible.. Physical attendance by AECOM at weekly or other periodic construction meetings with the City and contractor is not required. Teleconference attendance is assumed for every other week at a maximum. Deliverables: ' No deliverables are assumed Task 2.3 - Observations Provide the services of an Engineer or construction observer for the Project who will provide specific observations based on the Dam Safety inspection plan or as listed on Sheet S01. For each day present on site, the Engineer or construction observer shall observe construction activities and specific areas as listed below. By providing construction observations, AECOM shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and City any known safety concerns immediately. a) Observe material, workmanship, and construction for compliance with the Contract Documents and applicable codes, and notify City of noncompliance. b) Prepare a field report, recording the construction contractors' operations observed while AECOM is on site. c) lnterpret plans, drawings, specifications and other contract documents, in coordination with Designer. d) Provide photographs taken during the observation of the construction. Photographs will be in digitalformat and cataloged by date and included with the Field Report. Construction observations will be conducted on an as requested basis in the following areas, including, but not limited to: a) Foundation for vault, stilling basin, fish ladder, diversion structure and box culverts b) Condition of dam footing c) Geomembrane/geotextile installation around 4x4 box culvert and start of MSE wall d) Rebar in forms and forming prior to first concrete pour for foundations for the vault, stilling basin, fish ladder, diversion structure, or diversion channel e) Anchor bars drilled and epoxied into ecology block dam facef) Anchors drilled and epoxied into dam face and fish ladder/diversion structure for attachment of debris cage, trash rack, fish screens, weirs, walking platforms, and handrails g) Rebar in forms and forming for dam face (1 visit prior to first pour) h) Rebar and forms for parapet wallsi) Rebar and forms for Auxiliary Spillwayj) lnstallation of articulated concrete mats for the spillway outlet 3 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A Assumptions: . Provide site visits as listed above not to exceed a maximum of 6 site visits and will be on an as requested basis.. A brief Field Report will be written for each site visit Deliverables: . Field Reports with photographs for each visit. Task 2.4 - Project Closeout AECOM will provide the following closeout assistance to the City as listed below: a) Punch list. Participate in the Project's final inspection and assist in developing a list of any remaining deficiencies. Deliverables ' Daily Reports for each day on site providing construction observation services - 1 set in pdf format.. Construction Photographs - 1 set in electronic format. PROJECT ASSUMPTIONS Responsibilities of the Gity a) Responsible for contract administration and oversight. Provide CM oversight and approval authority for all construction activities. b) Responsible for construction inspection, testing, and verifying that all work meets the drawings and specifications. c) Responsible for coordinating Construction Observations as noted in the Project Work elements listed above and notifying DSO when construction is ready for observations.d) Process all contract documents through the City's approval process (e.g. CM services invoices, construction contract, monthly pay estimates, change order execution, cost reduction proposals, time extensions, etc.). e) Conduct schedule evaluation, monitoring, and evaluate Time lmpact Analysis for changes.f) Provide utility coordination with third-party utilities under project specific or franchise agreements. g) Lead the Pre-Construction Meeting including preparing agenda and all hand-out materials. City will prepare meeting notes and include a list of the questions asked and response/answers. h) Coordinate and schedule any public meetings required before, during and after construction.i) Provide operations & maintenance interface with other City Staff for ongoing project issues.j) Provide preliminary review of submittals, shop drawings and RFls and reject all that do not provide adequate information or obviously fail to comply with the specifications and drawings. Provide only those submittals that require EOR reviedapproval to AECOM.k) Provide CM tools for Team use including: Project ROM; Project File lndex; lnspector Daily Report, Change Order, Submittal tracking, Force Account Tracking and Payment Forms. 4 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A l) Develop "As-Built" (Record) Drawings at end of project and submit to Washington Office of Dam Safety. Responsibilities of AECOM a) AECOM Staffing levels are anticipated in accordance with the attached budget estimate and include:i. One part-time Construction/Project Manager for contract period as identified in contract.ii. Engineering staff available part time for EOR and RFI assistance/support from NTP until construction completion but not later than December 2019. b) AECOM will provide construction observations as required to correlate design assumptions, meet DSO requirements, and check RFls as indicated above. The observer(s) will not be able to observe or report on construction activities, or collect documentation, during the time he/she is not on-site. c) AECOM scope of work for this task assumes that construction work is anticipated to begin in April 2019 and extend through October 2019. ft additional construction seasons are required, a contract amendment will be required. The labor hours proposed by AECOM are an estimate only and are subject to change based on the actual construction schedule and working hours of the Contractor. Should further field services be required, or should construction for identified work tasks run longer than this time period, and if costs to date exceed the approved budget, the City and AECOM will negotiate a supplement to this Agreement. AECOM will provide the City with one month's notice that the available budget will be exhausted at the current level of work. d) AECOM is not responsible for performing any scope items listed under the corresponding subtask should AECOM at the direction of the City not be on the project site. e) AECOM will not monitor the construction contractor's activities, and ãscertain whether or not they are performing the work in accordance with the Contract Documents in areas not identified for observations or areas outside of scope of AECOM developed drawings. Ð AECOM shall not be responsible for construction means, methods, measurement techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the Construction Contractor, any subcontractors, or for any other entity other than its own. g) ln case of the presence of toxic or hazardous materials is encountered. AECOM shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. lf AECOM suspects the presence of hazardous materials, they will notify the City immediately for resolution. 5 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n Exhibit A PROJECT BUDGET The budget estimate for this task is an allowance based on an assumed level of effort. The actual budget needed to provide support services under this task will be dependent on the construction progress and schedule. An amendment to this contract scope will be required if additional services are required that are not listed or are greater than assumed in the above scope. New employee hourly rates will apply for 2020. ESTIMATED SCHEDULE The contractor is expected to start construction April 2019. The work under this scope is assumed to be completed by the end of December 2019. 6 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n UPPER MItL CREEK DAM CONSTRUCTION SERVICES FEE PROPOSAL oor o fotal s 1r.,s98.75 s 30.216.23 s L2,479.7A s 24,945.34 s 13,996.9s 5 3,000.00 s 96.177.05 s 96,777.Os Co E .9. ËE Adm¡n s 10s.00 24 L4 I O¡rect Costs Total .9 c eoò ı oo CAD 5 130.00 2C 24 48 o oi<eoi!;ı.9u: ı-cùu EE CAD s 135-58 4C I 'ı u u E Eo EE 5 167.78 4C I I oo or 't g U e Ø EE QA/QC s 271.30 4 2 2 o o U't o ! EI Staff Eng¡neer s 110.00 72 24 60 F o u o .9 Sr. Dam. Ensineer 5 242.27 4 co 'ı E! Þ.s E.E cg :ü Geotech s 193.92 I E ø o 6 .E È 5E s 1e.19 8 o c'a U o-ã. À =À E o !o PM s 183.26 48 4C 4C 8C 2C P o: .* c ıÈı F Pr¡nc¡pal 5 2a2.27 1 I 2 2 1 By: AECOM Project Management Setup, Mqnthly lnvoices, Safety plan, progress Reports, Controls Seru¡ces Dur¡ng Construction 2.L Eng¡neer of Record Support 2.2 Construct¡on Field Seruices 2.3 Spec¡al Obseruat¡on 2.4 Closeout Requested Contnct Amount 10100 2010 2/26/2OL9 Page 1 of 1 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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 and a $1,000,000 products-completed operations aggregate limit. 8.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor 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.C.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 A E C O M ( 1 6 5 2 : C o n s u l t a n t A g r e e m e n t w i t h A E C O M f o r U p p e r M i l l C r e e k D a m C o n s t r u c t i o n DATE: March 19, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with JECB for Upper Mill Creek Dam - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with JECB to provide inspection and testing services for the Upper Mill Creek Dam Project in an amount not to exceed $129,125, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project consists of raising the height of the existing Upper Mill Creek Dam by 5.5 feet, replacing the existing diversion structure and fish ladder, and constructing new principal and emergency spillways. This work is part of the effort to increase the storage capacity of the Upper Mill Creek reservoir to help alleviate downstream flooding. JECB will provide construction inspection, geotechnical and structural material inspection and testing, construction documentation, and construction management assistance for all scopes of work included in the construction contract. BUDGET IMPACT: This work is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement with JECB (PDF) 03/04/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.D Packet Pg. 73 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and JECB, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JECB, LLC organized under the laws of the State of Washington, located and doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jaime Hicks (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 materials testing and construction inspection services for the Upper Mill Creek Dam 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 December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Twenty Nine Thousand, One Hundred Twenty Five Dollars ($129,125.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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.D.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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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.D.a Packet Pg. 75 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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 B 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.D.a Packet Pg. 76 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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.D.a Packet Pg. 77 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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: Jaime Hicks JECB, LLC PO Box 832 Auburn, WA 98071 (253) 405-4654 (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 JECB - UMCD/McConnell 8.D.a Packet Pg. 78 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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.D.a Packet Pg. 79 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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.D.a Packet Pg. 80 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - 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.D.a Packet Pg. 81 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - IECB Geotechnical Engineering Special Inspections Materials Testing Construction Inspections Date: 1-15-L9 Projecl City of Kent -Upper Mill Creek Dam Crrv oF KENT 220 - 4h Avenue S. Kent, WA 98032-5895 Re: Atbr: Proposed Scope of Services for "2019- Upper Mill Creek Dam Project" Mr. Paul Kuehne, Construction Management Supervisor After reviewing the project plans and specifications we have compiled a list of items that we feel will be required for our successful completion of this conkact. Below please find a list of services and their brief scope that we will provide for this contract. Our personnel will perform Quality Assurance Testing and Inspection. Anticipated Materials Testing Services: Field ¡ In-place density testing of compacted Hot Mix Asphalt (HMA) (ASTM D 2950) o In-place density testing of soils (ASTM D 6938) ¡ Concrete Testing- includes slump (ASTM C 1,43), air content (pressure method) (ASTM C 231), temperature (ASTM C1.064), making compressive strength cylinders (ASTM C 31) ¡ Inspection of reinforcing steel r Inspection of epoxy dowel and anchors Anticipated Construction Inspection Services: ¡ Assist in onsite project oversite during construction. o Review of project progress and provide daily briefing to City Construction Project Manager. ¡ Assist in coordination between City Construction Project Manager and the Contractor. ¡ Assist with review and coordination of project schedule. ¡ Verification that City of Kent Project Plans and Specifications are adhered to. ¡ Verification that Contractors work is consistent with City of Kent Standards. ¡ Assist in preparing traffic impact notifications to City staff. o Verification that Contractor has set up adequate and safe traffic control for the task at hand. ¡ Provide clarification to Contractor should any misunderstanding of the Project Plans and Specs arise. . Provide field measurements and assist in tracking of bid items. o Review and verify any force account work. Our estimate includes both concrete testing and inspection of pre-cast and cast in place members, soil density testing is assumed for backfilled materials only. We assume all other soils related testing and inspection will be performed by the geotechnical engineer of record. Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071, EXHIBIT A 8.D.a Packet Pg. 82 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - JECB Geotechnical Engineering Special Inspections Materials Testing Construction Inspections Date: 1-L5-19 Project City of Kent -Upper Mill Creek Dam ]ECB has been performing testing and inspection services in the south Puget Sound region for 15 plus years. We have successfully completed numerous large federal, cities, and county projects with similar scope to the current project. We are amply staffed to provide excellent services in a timely manner for this project and understand the importance of flexibility when scheduling. Therefore we can respond to last minute or unanticipated scheduling needs promptly. It is our approach that for our larger projects such as this one, we will assign one inspector to provide the majority of the duties and he will directly manage any additional staff that is required for successful completion of the project. This in our opinion allows maximum flexibility for a successful projec! provides better communication between responsible parties, and significantly reduces any possible lost time or costs due to communication errors or scheduling issues. If you have any questions or if JECB can be of any further assistance please call on us at (253) 405-4654. Respectfully Submitted, IECB fr^.,*;t H:"1* lamie Hicks Phone; (253) 4054654 Email: jecboffice@gmail.com PO Box 832 Auburn W498071, 8.D.a Packet Pg. 83 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - X IECB Geotechnical Engineering Special Inspections Materials Testing Construction Inspections Date: 1-15-19 Project: City of Kent -Upper Mill Creek Dam File #: PROFESSIONAL SERVICES Asphalt/Soils WDensometert.rq *$9s.00 per hour 80 $7,600.00 G. Hicks Reinforced Concrete/Rebar Inspection * * *$95.00 per hour 280 $26,600.00 G. Hicks Epoxy Dowel/Anchor Inspection* **$9s.00 per hour 40 $3,800.00 G. Hicks Administrative Services $50.00 per hour 80 $4,000.00 Construction Inspection $l1s.00 per hour 640 $73,600.00 G. Hícks S taff En gineer/Geolo gi st $ 140.00 per hour 20 $2,800.00 J. Bell LAB TESTING SERVICES Asphalt.Ienition & Gradation (ASTM D2172\$ r 75.00 each 2 $3s0.00 Asphalt, Rice Specific Graviry (ASTM D2041)s 105.00 each 2 $2 r 0.00 Concrete, Cylinders Compression (ASTM C39)$25.00 each 228 $s,700.00 Soil, Moisture-Density Relation (ASTM D1557)$ 180.00 each 6 $ 1,080,00 Soil, Sand Equivalent Test (ASTM D2419)$75.00 each J $22s.00 Soil, Sieve Analysis includes 200 Wash (c136)$ 125.00 each 12 $ l,s00.00 Soil, Fracture Count (ASTM D5821)$75.00 each 2 $ 1s0.00 Soil, Moisture-Density Relation (ASTM D698)$360.00 each 2 $720.00 Soil, Sieve Analysis -Hydrometer (D422)$ 185,00 each 2 $370.00 Soil, Liquid Limit-Plastic Limit (ASTM D4318)$210.00 each 2 $420.00 Milease NO CHARGE $0.00 Sample Pick Up NO CHARGE $0.00 ESTIMATED PROJECT TOTAL TOTAL $ 129,125.00 ***Overtime rates (1.5) apply for all work-over 8 hrs per shift, before 7am, after 5 pm, holidays, or weekend Schedule of Fees & Services, SCHEDULE A Contract only executed after specific Notice to Proceed (NTP) received from City of Kent. Phone: (253) 4054654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071, 8.D.a Packet Pg. 84 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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 and a $1,000,000 products-completed operations aggregate limit. 8.D.a Packet Pg. 85 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor 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.D.a Packet Pg. 86 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 J E C B ( 1 6 5 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 J E C B f o r U p p e r M i l l C r e e k D a m - DATE: March 19, 2019 TO: Kent City Council SUBJECT: Ordinance Permitting Light Manufacturing in the Downtown Commercial Enterprise District - Adopt MOTION: Adopt Ordinance No. ________, amending sections 15.04.040 and 15.04.050 of the Kent City Code to permit light manufacturing in the Downtown Commercial Enterprise District subject to specific development conditions. SUMMARY: Advanced manufacturing has changed significantly over the past few generations and Kent’s zoning code reflects outdated restrictions on where manufacturing facilities can locate today. Considering the lesser impacts of many categories of manufacturing today, permitting more manufacturing downtown may be beneficial by bringing primary industries and intensive uses with a high number of jobs into our employment center. This ordinance would permit certain advanced manufacturing uses in the DCE zone, with considerable stipulations to ensure this change brings no adverse impacts. Specific limitations include limiting truck storage to sites with close access to principal arterials to ensure downtown streets are not impacted by increased freight traffic, and limiting dock-high doors for truck loading to a ratio of one door per 25,000 square feet of building area. Freight-intensive uses such as packaging, wholesale trading, and distribution are specifically not permitted in the proposal, while robotics testing and industrial research are specifically the kinds of uses that would bring desirable jobs and activity downtown, and are therefore permitted. The amendment does not change the existing use categories; although they do not reflect current industries, a larger project to redefine and update industrial use categories is a likely outcome of the Kent Industrial Valley Subarea Plan effort now underway. This amendment takes a more surgical approach as a way to broaden the possibilities for Kent’s downtown within a set of reasonably identified parameters. Please note: This ordinance has minor changes from what was presented at the Economic and Community Development Committee meeting; the ordinance underwent legal reformatting and a few details were in error. The ordinance is currently in the same form as presented for public hearing at the Land Use and Planning Board—it includes a 500-foot distance requirement for access to a principle arterial as described by staff at the Economic and Community 8.E Packet Pg. 87 Development Committee meeting, as well as the dock-high door ratio of one door per 25,000 square feet, instead of the ratio of one door per 30,000 square feet as was presented at Economic and Community Development Committee. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government, Sustainable Services ATTACHMENTS: 1. Ordinance Light Manufacturing in Downtown Commercial Enterprise District (PDF) 03/11/19 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Bill Boyce, Satwinder Kaur, Marli Larimer 8.E Packet Pg. 88 1 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.04.040 and 15.04.050 of the Kent City Code to permit light manufacturing in the Downtown Commercial Enterprise District subject to specific development conditions. RECITALS A. The City has a strong interest in fostering a vibrant and productive economic environment and a growth management goal to promote economic opportunity within the City through land use planning. B. Advanced manufacturing has changed significantly over the last several decades, and Kent’s current zoning code reflects some outdated restrictions on where manufacturing facilities can be located within the City. Many specialty or advanced manufacturing operations do not produce the kind of noise, truck traffic, or pollution that is often associated with manufacturing of the past. C. Considering the lesser impacts of many categories of light, specialty manufacturing today, allowing more manufacturing downtown may be beneficial by bringing primary industries and intensive uses with a significant number of high quality jobs into our employment center. By including specific development requirements and substantial limitations on any light manufacturing operation allowed in the Downtown Commercial 8.E.a Packet Pg. 89 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 2 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone Enterprise District, the City will be in a better position to attract operations that use advanced technology and create quality products, while still prohibiting the heavy, industrial type operations that have long been prevented from locating in the downtown area. D. On December 19, 2018, the City notified the state Department of Commerce of the proposed amendment, and requested expedited review under RCW 36.70A.106. On January 3, 2019, the state Department of Commerce granted the City expedited review. No comments were received. E. On February 8, 2019, the City’s SEPA responsible official issued a Determination of Non-Significance for the code amendment. F. On November 26, 2018, the Land Use and Planning Board held a workshop to discuss the proposed concept. After appropriate public notice, on February 25, 2019, a public hearing was held before the Land Use and Planning Board. No public comments were received in opposition to the zoning amendment at the hearing, and the Land Use and Planning Board unanimously recommended the City Council grant the zoning code amendment and allow light manufacturing in the Downton Commercial Enterprise District, subject to the development conditions provided for in the ordinance. G. On March 11, 2019, Council’s Economic and Community Development Committee considered the recommendation of the Land Use and Planning Board and similarly recommended Council adopt the zoning code amendment as presented to the Land Use and Planning Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 8.E.a Packet Pg. 90 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 3 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone ORDINANCE SECTION 1. – Amendment. Section 15.04.040 of the Kent City Code, entitled “Manufacturing land uses,” is hereby amended as follows: [See Following Page] 8.E.a Packet Pg. 91 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 4 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone Sec. 15.04.040. Manufacturing land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Manufacturing, processing, blending, and packaging of food and beverage products P (2) (23) P (23) P (23) P (23) P (23) P (23) C (1) Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics P (2) P P P P P P C (1) Manufacturing, processing, blending, and packaging of dairy products and byproducts P P (2) P P P P P P C (1) Industrial laundry and dyeing (including linen supply and diaper services) P P P P P (29) C (30) Printing, publishing, and allied industries P (21) P (2) P P C P P P P C (1) Chemicals and related products mfg. P (2) C (4) C (4) C (4) C (1) Contractor shops P (5) P (5) (3) C P C (1) Custom arts and crafts products mfg. P (2) P P P P C (1) Computers, office machines, and equipment mfg. P (2) P (3) P (3) Manufacturing and assembly of electrical equipment, appliances, lighting, radio, TV communications, equipment, and components P (2) P (3) P (3) P P P P C (1) 8.E.a Packet Pg. 92 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 5 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Fabricated metal products mfg.; custom sheet metal mfg., containers, hand tools, heating equipment, screw products, extrusion, coating, and plating P (2) P P P P P P C (1) Manufacturing and assembly of electronic and electrical devices, and automotive, aerospace, missile, airframe, and similar products P (2) P (3) P (3) P (25) P (25) P (25) P (25) C (1) Hazardous substance land uses A (7) A (7) A (8) A (8) A (8) A (8) A (7) A (7) A (7) A (7) A (12) A (12) A (12) A (14) C (15) Offices incidental and necessary to the conduct of a principally permitted use A A A A A P (2) A A A P P P P P P Warehousing and distribution facilities P (22) C (31) P (16) P (16) P (16) P (16) P (16) P (24) C (1) Rail-truck transfer uses C (13) C (17) C (17) P (18) P (11) C (1) Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) A (2) P P A A A C A P C (1) Miniwarehouses self-storage C (19) P P C Manufacturing of soaps, detergents, and other basic cleaning and cleansing preparations P (2) C P C (1) Manufacturing of plastics and synthetic resins P (2) C P C (1) 8.E.a Packet Pg. 93 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 6 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Manufacturing of synthetic and natural fiber and cloth P (2) C P C (1) Manufacturing of plywood, composition wallboard, and similar structural wood products P (2) C P C (1) Manufacturing of nonmetallic mineral products such as abrasives, asbestos, chalk, pumice, and putty C P C (1) Manufacturing of heat-resisting or structural clay products (brick, tile, or pipe) or porcelain products P (2) C P C (1) Manufacturing of machinery and heavy machine tool equipment for general industry and mining, agricultural, construction, or service industries P (2) C P C (1) Manufacturing, processing, assembling, and packaging of articles, products, or merchandise made from previously prepared natural or synthetic materials P (20) (26) (28) P (20) (26) (28) P (20) (26) (28) P C (1) Manufacturing, processing, treating, assembling, and packaging of articles, products, or merchandise from previously prepared ferrous, nonferrous, or alloyed metals P (2) P (20) (26) P (20) (26) P (20) (26) P (26) C (1) Complexes which include a combination of uses, including a mixture of office, storage, and light manufacturing uses P (2) (33) P P 8.E.a Packet Pg. 94 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 7 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Accessory uses and structures customarily appurtenant to a permitted use A A A (27) (32) A (32) A (32) A (32) A (32) A A A A A A A (9) A (9) A (10) A (10) A (10) A (10) A (10) A (9) A (9) A (9) A (6) A (6) A (6) A (6) Impound lots C C (1) [End KCC 15.04.040.] 8.E.a Packet Pg. 95 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 8 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone SECTION 2. – Amendment. Section 15.04.050 of the Kent City Code, entitled “Manufacturing land use development conditions,” is hereby amended as follows: Sec. 15.04.050. Manufacturing land use development conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: i. Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. ii. Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. ii. Rubber from natural, synthetic, or reclaimed materials. iii. Paving and roofing materials or other products from petroleum derivatives. c. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood, and other similar distillates. e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop 8.E.a Packet Pg. 96 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 9 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone hammering, boiler plate works, and similar heavy metal operations: i. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready- mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. f. Animal and food processing, including the following and similar operations: i. Tanning, dressing, and finishing of hides, skins, and furs. ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv. Rendering of animal grease or tallow, fish oil, and similar materials. v. Slaughtering, stockyard, feedlot, dairy, and similar operations. vi. Pickling and brine curing processes. vii. Wholesale produce markets. g. Salvage, wrecking, and disposal activities, including the following and similar operations: i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. iv. Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. h. Storage of the following kinds of goods: 8.E.a Packet Pg. 97 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 10 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone i. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. ii. Used building materials, mover’s equipment, relocated buildings, impounded vehicles, and similar materials. iii. Explosives or fireworks, except where incidental to a principally permitted use. iv. Fertilizer or manure. 2. [Reserved]. Light manufacturing is permitted in the Downtown Commercial Enterprise District as follows: a. Laboratory and related industrial research and development uses are permitted, including such uses as hardware or robotics testing, industrial showrooms and training facilities for industrial machinery. b. Operations of sorting, packaging, recycling or distribution are not permitted except as accessory uses to the on premise manufacturing. c. Heavy industrial uses that have significant external impacts such as noise, olfactory pollution, or vibration, such as those listed in KCC 15.04.050(1) are not permitted. d. All processing, fabricating or assembly of products (i.e., light manufacturing) takes place wholly within an enclosed building. i. Assembly is defined as creation of a component or end item made from a number of parts and subassemblies. This does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or wholesale trading. e. Storage is limited to items consumed, produced or altered on the premises. 8.E.a Packet Pg. 98 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 11 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone i. Outdoor storage shall only be allowed as an accessory use to another principal use. A. The material(s) being stored shall not exceed 12 feet in height at any point. B. The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris. C. The storage area shall not exceed 15 percent of the building footprint or 5 percent of the lot area, whichever is less. D. Outdoor storage shall be screened from public view from Class A and B streets (as defined in the Downtown Design Guidelines) and from trails by Type I landscaping and minimum 6-foot tall fence or wall. E. Outdoor storage shall be sited to minimize visibility. f. Truck storage is only permitted as an accessory use to a principally permitted use on sites 2.5 acres or larger that also have access to a principal arterial or higher classification roadway within 500 feet of the property, or as otherwise approved by the director. g. Areas designated for truck parking or loading shall be concealed from view along public streets or trails. Dock-high doors for truck loading are permitted at a ratio of one door per 25,000 square feet of building area. h. Dock-high loading doors shall be set back, recessed and/or screened so as not to be visible from adjacent local streets or residential properties. i. The office portion of a manufacturing use shall be adjacent to the public street with the highest classification. 8.E.a Packet Pg. 99 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 12 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone j. Buildings must have entries on abutting Class A and B streets (as defined in the Downtown Design Guidelines) and those entries shall include substantial fenestration on the associated façade, to emphasize the entry. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000-square-foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi- manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. 8.E.a Packet Pg. 100 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 13 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. Including rail-truck transfer uses, except classification yards in the category of “hump yards.” 12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 13. Conditional use permit required for trucking terminals and rail-truck transfer uses. 14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 15. The following require a conditional use permit: 8.E.a Packet Pg. 101 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 14 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16. Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. 17. Conditional use for car loading and distribution facilities, and rail- truck transfer uses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer uses. 19. Miniwarehouses; provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200. For purposes of this title, miniwarehouses means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. No occupant may use a miniwarehouse for residential purposes. a. Frontage use. The first 150 feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, or for the office or onsite manager’s unit, signage, parking, and access. A maximum of 25 percent of the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed 75 feet in width. No storage units or structures shall be permitted within this 150 feet of commercial frontage depth. 8.E.a Packet Pg. 102 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 15 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone b. Lot size. Minimum lot size is one acre; maximum lot size is four acres. c. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: i. Front yard: 20 feet. ii. Side yard: 10 feet. iii. Rear yard: 10 feet. e. Height limitation. The height limitation is one story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of Chapter 15.06 KCC shall apply. h. Off-street parking. i. The off-street parking requirements of Chapter 15.05 KCC shall apply. ii. Off-street parking may be located in required yards, except in areas required to be landscaped. i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: i. Front yard: 20 feet, type III (earth berms). ii. Side yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. iii. Rear yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The economic and community development 8.E.a Packet Pg. 103 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 16 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. l. Drive aisles. Drive aisle width and parking requirements are as follows: i. Fifteen-foot drive aisle and 10-foot parking aisle. ii. Parking for manager’s quarters and visitor parking. m. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of five feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No incompatible building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: i. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. iii. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. iv. The establishment of a transfer and storage business. v. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals or explosive substances. 8.E.a Packet Pg. 104 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 17 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone p. Fencing. No razor wire is allowed on top of fences. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smelting, refining, and forming). 21. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. 1 Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; 1 Code reviser: Please reposition the map in the online code as reflected in this ordinance. It should follow the first sentence of KCC 15.04.050.21, with subsections KCC 15.04.050.21.a – KCC 15.04.050.21.g. following. 8.E.a Packet Pg. 105 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 18 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 22. Permitted uses are limited to storage, warehousing, processing, and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants. 26. Excluding predominantly drop forge and drop hammer operations. 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8.E.a Packet Pg. 106 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 19 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone 28. Excluding paint boiling processes. 29. Limited to 25 percent of gross floor area. Reference KCC 15.04.080(5). 30. Retail or services uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 31. Reuse or replacement of existing structures for nonagricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to nonagricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a nonagricultural use. 32. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 33. All uses within a complex must be principally permitted uses within the zoning district. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 8.E.a Packet Pg. 107 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n 20 Amend KCC 15.04.040 and 15.04.050 - Re: Light Manufacturing in DCE Zone 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. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Ordinance\Ordinance Light Manufacturing in DCE zone - CLEAN.docx 8.E.a Packet Pg. 108 At t a c h m e n t : O r d i n a n c e L i g h t M a n u f a c t u r i n g i n D o w n t o w n C o m m e r c i a l E n t e r p r i s e D i s t r i c t ( 1 6 5 9 : O r d i n a n c e P e r m i t t i n g L i g h t M a n u f a c t u r i n g i n DATE: March 19, 2019 TO: Kent City Council SUBJECT: Ordinance Revising Regulations Related to Mini- warehousing or Self-Storage Facilities in Commercial Zones - Adopt MOTION: Adopt Ordinance No. ________, amending Sections 15.04.040 and 15.04.050 of the Kent City Code to revise regulations related to mini- warehouses or self-storage facilities in zoning districts in the City of Kent. SUMMARY: Mini-warehousing, also known as “self-storage,” is an industry in which storage space is rented out to tenants, usually on a short-term basis, such as month-to-month. Mini-warehousing is a relatively low-performing land use on its own; it generates little employment for residents, relatively less revenue for the city compared to other land uses, and may negatively impact the vitality of commercial corridors. Land used exclusively as mini-warehousing could otherwise be utilized for housing or more employment-intensive businesses or a mix of businesses. Mini- warehousing’s rents tend to rise with the growth of an area, and are very unlikely to redevelop into other uses over time. As Kent is increasingly built out, redevelopable parcels are at risk for becoming exclusively large footprint mini- warehouses instead of mixed uses or higher performing land uses that contribute more to life in Kent. There are approximately twenty-five mini-warehouses in Kent, which is higher per capita than Auburn, Covington, Renton, Des Moines, Shoreline, Bellevue and Redmond. This ordinance limits the size of mini-warehouses and requires that they be located in buildings with other, principally permitted uses. This approach leaves open the possibility for well-integrated mixed-use projects while protecting the City’s interests in economic development and commercial corridor vitality. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government, Sustainable Services 8.F Packet Pg. 109 ATTACHMENTS: 1. Ordinance - Self Storage Mini-warehouses (PDF) 03/11/19 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Bill Boyce, Satwinder Kaur, Marli Larimer 8.F Packet Pg. 110 1 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.04.040 and 15.04.050 of the Kent City Code to revise regulations related to mini-warehouses or self-storage facilities in zoning districts in the City of Kent. RECITALS A. The City has a strong interest in fostering a vibrant and productive economic environment and a growth management goal to promote economic opportunity within the City through land use planning. Without well-planned, forward looking land use regulations, certain land uses that do not foster economic growth, with negative consequences to economic expansion and job creation, can be established and proliferate. B. Mini-warehousing, also known as “self-storage,” is an industry in which storage space is rented out to tenants, usually on a short-term basis such as month-to-month. Typical facilities are in the range of 100,000 square feet as stand-alone uses; smaller facilities can be integrated into commercial developments. C. Several mini-warehouses exist today in Kent, and neighboring cities such as Auburn, Federal Way, Tukwila and Renton also have mini- warehousing options available. Security measures at mini-warehouses vary. However, mini-warehousing is a relatively low-performing land use; 8.F.a Packet Pg. 111 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 2 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing it generates little employment for residents, relatively less revenue for the City compared to other land uses, and may negatively impact the vitality of commercial corridors. Mini-warehouses can be a financing tool for developers. D. Land used exclusively as mini-warehousing could otherwise be utilized for housing, mixed use or more employment-intensive businesses. Mini-warehousing’s rents tend to rise with the growth of an area, and are very unlikely to redevelop into other uses over time. As Kent is increasingly built out, redevelopable parcels are at risk for becoming exclusively mini-warehouses instead of higher performing or mixed land uses that contribute more to life in Kent. E. Instead of seeking to exclude mini-warehouses from the City entirely, this ordinance limits the size of mini-warehouses and requires that they be located in buildings with other, principally permitted uses. This balanced approach leaves open the possibility for well-integrated mixed use projects, while also protecting the City’s interests in economic development and commercial corridor vitality. F. On December 19, 2018, the City notified the state Department of Commerce of the proposed amendment, and requested expedited review under RCW 36.70A.106. On January 3, 2019, the state Department of Commerce granted the City expedited review. No comments were received. G. On February 8, 2019, the City’s SEPA responsible official issued a Determination of Non-Significance for the code amendment. H. On November 14, 2018, and January 14, 2019, the Land Use and Planning Board held a public meeting to discuss mini-warehouse zoning in the City of Kent. After appropriate public notice, on February 25, 2019, a public hearing was held before the Land Use and Planning Board. 8.F.a Packet Pg. 112 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 3 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing While there were some opposing comments received, the Land Use and Planning Board discussed those concerns, determined the zoning amendments provided for by this ordinance struck an appropriate balance, and unanimously recommended the City Council grant the zoning code amendment regulating the size of mini-warehouses allowed within the City of Kent. I. On March 11, 2019, Council’s Economic and Community Development Committee considered the recommendation of the Land Use and Planning Board and similarly recommended Council adopt the zoning code amendment as presented to the Land Use and Planning Board. J. Immediately preceding Council’s adoption of this ordinance, it adopted Ordinance No. ______, which amended the same code sections that are further amended by this ordinance. Therefore, the code changes authorized by this ordinance are based on the versions of KCC 15.04.040 and KCC 15.04.050 as adopted by Ordinance No. ______. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. Section 15.04.040 of the Kent City Code, entitled “Manufacturing Land Uses” is amended to read as follows: 8.F.a Packet Pg. 113 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 4 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing Sec. 15.04.040. Manufacturing Land Uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Manufacturing, processing, blending, and packaging of food and beverage products P (2) (23) P (23) P (23) P (23) P (23) P (23) C (1) Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics P (2) P P P P P P C (1) Manufacturing, processing, blending, and packaging of dairy products and byproducts P P (2) P P P P P P C (1) Industrial laundry and dyeing (including linen supply and diaper services) P P P P P (29) C (30) Printing, publishing, and allied industries P (21) P (2) P P C P P P P C (1) Chemicals and related products mfg. P (2) C (4) C (4) C (4) C (1) Contractor shops P (5) P (5) (3) C P C (1) Custom arts and crafts products mfg. P (2) P P P P C (1) Computers, office machines, and equipment mfg. P (2) P (3) P (3) Manufacturing and assembly of electrical equipment, appliances, lighting, radio, TV communications, equipment, and components P (2) P (3) P (3) P P P P C (1) Fabricated metal products mfg.; custom sheet metal mfg., containers, hand tools, heating equipment, screw products, extrusion, coating, and plating P (2) P P P P P P C (1) Manufacturing and assembly of electronic and electrical devices, and automotive, aerospace, missile, airframe, and similar products P (2) P (3) P (3) P (25) P (25) P (25) P (25) C (1) Hazardous substance land uses A (7) A (7) A (8) A (8) A (8) A (8) A (7) A (7) A (7) A (7) A (12) A (12) A (12) A (14) C (15) Offices incidental and necessary to the conduct of a principally permitted use A A A A A P (2) A A A P P P P P P Warehousing and distribution facilities P (22) C (31) P (16) P (16) P (16) P (16) P (16) P (24) C (1) Rail-truck transfer uses C (13) C (17) C (17) P (18) P (11) C (1) Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) A (2) P P A A A C A P C (1) 8.F.a Packet Pg. 114 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 5 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Miniwarehouses self-storage C (19)P (19) P (19) P (19) CP (19) Manufacturing of soaps, detergents, and other basic cleaning and cleansing preparations P (2) C P C (1) Manufacturing of plastics and synthetic resins P (2) C P C (1) Manufacturing of synthetic and natural fiber and cloth P (2) C P C (1) Manufacturing of plywood, composition wallboard, and similar structural wood products P (2) C P C (1) Manufacturing of nonmetallic mineral products such as abrasives, asbestos, chalk, pumice, and putty C P C (1) Manufacturing of heat-resisting or structural clay products (brick, tile, or pipe) or porcelain products P (2) C P C (1) Manufacturing of machinery and heavy machine tool equipment for general industry and mining, agricultural, construction, or service industries P (2) C P C (1) Manufacturing, processing, assembling, and packaging of articles, products, or merchandise made from previously prepared natural or synthetic materials P (20) (26) (28) P (20) (26) (28) P (20) (26) (28) P C (1) Manufacturing, processing, treating, assembling, and packaging of articles, products, or merchandise from previously prepared ferrous, nonferrous, or alloyed metals P (2) P (20) (26) P (20) (26) P (20) (26) P (26) C (1) Complexes which include a combination of uses, including a mixture of office, storage, and light manufacturing uses P (2) (33) P P Accessory uses and structures customarily appurtenant to a permitted use A A A (27) (32) A (32) A (32) A (32) A (32) A A A A A A A (9) A (9) A (10) A (10) A (10) A (10) A (10) A (9) A (9) A (9) A (6) A (6) A (6) A (6) Impound lots C C (1) [End KCC 15.04.040.] 8.F.a Packet Pg. 115 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 6 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing SECTION 2. – Amendment. Section 15.04.050 of the Kent City Code, entitled “Manufacturing Land Use Development Conditions” is amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: i. Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. ii. Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. ii. Rubber from natural, synthetic, or reclaimed materials. iii. Paving and roofing materials or other products from petroleum derivatives. c. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood, and other similar distillates. e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop 8.F.a Packet Pg. 116 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 7 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing hammering, boiler plate works, and similar heavy metal operations: i. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready- mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. f. Animal and food processing, including the following and similar operations: i. Tanning, dressing, and finishing of hides, skins, and furs. ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv. Rendering of animal grease or tallow, fish oil, and similar materials. v. Slaughtering, stockyard, feedlot, dairy, and similar operations. vi. Pickling and brine curing processes. vii. Wholesale produce markets. g. Salvage, wrecking, and disposal activities, including the following and similar operations: i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. iv. Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. h. Storage of the following kinds of goods: 8.F.a Packet Pg. 117 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 8 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing i. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. ii. Used building materials, mover’s equipment, relocated buildings, impounded vehicles, and similar materials. iii. Explosives or fireworks, except where incidental to a principally permitted use. iv. Fertilizer or manure. 2. Light manufacturing is permitted in the Downtown Commercial Enterprise District as follows: a. Laboratory and related industrial research and development uses are permitted, including such uses as hardware or robotics testing, industrial showrooms and training facilities for industrial machinery. b. Operations of sorting, packaging, recycling or distribution are not permitted except as accessory uses to the on premise manufacturing. c. Heavy industrial uses that have significant external impacts such as noise, olfactory pollution, or vibration, such as those listed in KCC 15.04.050(1) are not permitted. d. All processing, fabricating or assembly of products (i.e., light manufacturing) takes place wholly within an enclosed building. i. Assembly is defined as creation of a component or end item made from a number of parts and subassemblies. This does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or wholesale trading. e. Storage is limited to items consumed, produced or altered on the premises. 8.F.a Packet Pg. 118 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 9 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing i. Outdoor storage shall only be allowed as an accessory use to another principal use. A. The material(s) being stored shall not exceed 12 feet in height at any point. B. The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris. C. The storage area shall not exceed 15 percent of the building footprint or 5 percent of the lot area, whichever is less. D. Outdoor storage shall be screened from public view from Class A and B streets (as defined in the Downtown Design Guidelines) and from trails by Type I landscaping and minimum 6-foot tall fence or wall. E. Outdoor storage shall be sited to minimize visibility. f. Truck storage is only permitted as an accessory use to a principally permitted use on sites 2.5 acres or larger that also have access to a principal arterial or higher classification roadway within 500 feet of the property, or as otherwise approved by the director. g. Areas designated for truck parking or loading shall be concealed from view along public streets or trails. Dock-high doors for truck loading are permitted at a ratio of one door per 25,000 square feet of building area. h. Dock-high loading doors shall be set back, recessed and/or screened so as not to be visible from adjacent local streets or residential properties. i. The office portion of a manufacturing use shall be adjacent to the public street with the highest classification. 8.F.a Packet Pg. 119 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 10 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing j. Buildings must have entries on abutting Class A and B streets (as defined in the Downtown Design Guidelines) and those entries shall include substantial fenestration on the associated façade, to emphasize the entry. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000-square-foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi- manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. 8.F.a Packet Pg. 120 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 11 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. Including transportation and transit terminals with repair and storage facilities, and rail-truck transfer uses, except classification yards in the category of “hump yards.” 12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 13. Conditional use permit required for trucking terminals and rail-truck transfer uses. 14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 8.F.a Packet Pg. 121 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 12 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing 15. The following require a conditional use permit: a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16. Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. 17. Conditional use for car loading and distribution facilities, and rail- truck transfer uses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer uses. 19. Miniwarehouses are limited to 40% of the gross leasable area of the building in which the miniwarehousing use is located, and cannot be located on the ground floor. ; provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200. For purposes of this title, miniwarehouses means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. No occupant may use a miniwarehouse for residential purposes. a. Frontage use. The first 150 feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, or for the office or onsite manager’s unit, signage, parking, and access. A maximum of 25 percent of 8.F.a Packet Pg. 122 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 13 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed 75 feet in width. No storage units or structures shall be permitted within this 150 feet of commercial frontage depth. b. Lot size. Minimum lot size is one acre; maximum lot size is four acres. c. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: i. Front yard: 20 feet. ii. Side yard: 10 feet. iii. Rear yard: 10 feet. e. Height limitation. The height limitation is one story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of Chapter 15.06 KCC shall apply. h. Off-street parking. i. The off-street parking requirements of Chapter 15.05 KCC shall apply. ii. Off-street parking may be located in required yards, except in areas required to be landscaped. i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: i. Front yard: 20 feet, type III (earth berms). ii. Side yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. iii. Rear yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. 8.F.a Packet Pg. 123 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 14 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The economic and community development department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. l. Drive aisles. Drive aisle width and parking requirements are as follows: i. Fifteen-foot drive aisle and 10-foot parking aisle. ii. Parking for manager’s quarters and visitor parking. m. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of five feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No incompatible building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: i. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. iii. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. iv. The establishment of a transfer and storage business. 8.F.a Packet Pg. 124 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 15 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing v. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals or explosive substances. p. Fencing. No razor wire is allowed on top of fences. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smelting, refining, and forming). 21. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. 1 Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, 1 Code reviser: Reposition the map in the online code as reflected in this ordinance. It should follow the first sentence of KCC 15.04.050.21, with subsections KCC 15.04.050.21.a – KCC 15.04.050.21.g. following. 8.F.a Packet Pg. 125 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 16 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 22. Permitted uses are limited to storage, warehousing, processing, and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants. 26. Excluding predominantly drop forge and drop hammer operations. 8.F.a Packet Pg. 126 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 17 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28. Excluding paint boiling processes. 29. Limited to 25 percent of gross floor area. Reference KCC 15.04.080(5). 30. Retail or services uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 31. Reuse or replacement of existing structures for nonagricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to nonagricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a nonagricultural use. 32. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 33. All uses within a complex must be principally permitted uses within the zoning district. 8.F.a Packet Pg. 127 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l 18 Amend KCC 15.04.040 and 15.04.050 - Re: Mini-warehousing 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. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Ordinance\Self Storage Mini-warehouse Ord KCC15.04.040-.050 (2019.02.22).docx 8.F.a Packet Pg. 128 At t a c h m e n t : O r d i n a n c e - S e l f S t o r a g e M i n i - w a r e h o u s e s ( 1 6 6 2 : O r d i n a n c e R e v i s i n g R e g u l a t i o n s R e l a t e d t o M i n i - w a r e h o u s i n g i n C o m m e r c i a l DATE: March 19, 2019 TO: Kent City Council SUBJECT: 2018 Consolidated Annual Performance Evaluation Report - Authorize MOTION: Approve the 2018 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report Housing and Urban Development. SUMMARY: The 2018 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent is a report to the U.S. Department of Housing and Urban Development (HUD) on the City’s activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31st. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. CAPER 2018 (PDF) 03/11/19 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Bill Boyce, Satwinder Kaur, Marli Larimer 8.G Packet Pg. 129 CAPER 1 OMB Control No: 2506-0117 (exp. 07/31/2015) CITY OF KENT CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) 2018 Fourth Year CAPER ASSOCIATED WITH THE 2015 – 2019 Consolidated Plan for Housing and Community Development 8.G.a Packet Pg. 130 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 2 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report (CAPER), is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment of CDBG and other resources for the 2018 program year, which covers the period January 1, 2018 to December 31, 2018. In 2018, HUD allocated $1,145,186 in CDBG funds to the City. (An additional $956,938 in funds allocated from the City's General Fund budget were used in conjunction with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City successfully executed the activities outlined in this report. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Affordable Housing to homeless and those at risk Affordable Housing Homeless CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 40 173 432.50% Affordable Housing to homeless and those at risk Affordable Housing Homeless CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 450 453 100.66% 90 115 127.77 % 8.G.a Packet Pg. 131 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 3 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing to homeless and those at risk Affordable Housing Homeless CDBG: $ Homeless Person Overnight Shelter Persons Assisted 200 299 149.50% 40 167 417.50% Basic Needs Homeless Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 110 281 255.45% 64 169 264.06% Basic Needs Homeless Non-Housing Community Development CDBG: $ Tenant-based rental assistance / Rapid Rehousing Households Assisted 260 561 215.76% 58 182 313.79% Increase Self Sufficiency Non-Housing Community Development CDBG: $ Other Other 280 85 30.35% 401 45 112.5% Planning and Administration Planning and Administration CDBG: $ Other Other 0 0 Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. As explained in the preceding tables, the City successfully addressed the goals and objectives of meeting basic needs, affordable housing to 1 The expected number included in the Strategic Plan was incorrect-it should have been 160 (40 per year for a three-year period) rather than 280. 8.G.a Packet Pg. 132 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 4 OMB Control No: 2506-0117 (exp. 07/31/2015) homeless and at-risk persons, increasing self-sufficiency, and planning and administration by providing the following services:  Case management services to youth with intellectual disabilities and their families  Rent and utility assistance  Home repair assistance  Shelter  Transitional housing  Employment and training  Planning and administration activities 8.G.a Packet Pg. 133 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 5 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 263 Black or African American 310 Asian 49 American Indian or American Native 3 Native Hawaiian or Other Pacific Islander 12 Total 637 Hispanic 73 Not Hispanic 564 Table 2 – Table of assistance to racial and ethnic populations by source of funds Note: The racial categories listed above do not include all of the racial categories that are tracked by sub-recipients in compliance with the racial categories that HUD requires programs to track. For example, programs track Other/Multi-racial, Black/African American AND White, etc. Narrative Demographic breakdown is listed below:  41% of the population served was White  49% of the population served was Black or African American  8% of the population served was Asian  0.47% of the population served was American Indian or American Native  2% of the population served was Native Hawaiian or Other Pacific Islander  11% of the population served was ethnic Hispanic 8.G.a Packet Pg. 134 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 6 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG 2,091,379.542 $947,043.643 Table 3 – Resources Made Available Narrative The City invested the full allotment of its CDBG budget into public services, capital projects, and planning and administration in accordance with the strategies outlined in the Consolidated Plan for Housing and Community Development. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Table 4 – Identify the geographic distribution and location of investments Narrative The city distributed 100% CDBG funds to programs serving Kent residents throughout all geographic regions of the city. The majority of funds were invested in programs serving low/moderate-income individuals and families. 2 The City’s 2018 Entitlement grant was 1,145,186.00; however amount available for the 2018 PY is the amount listed here. 3 Amount includes recaptured funds from previous years. 8.G.a Packet Pg. 135 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 7 OMB Control No: 2506-0117 (exp. 07/31/2015) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In addition to allocating $1,145,186 in CDBG funds, the City leveraged $956,938 in resources from General Funds to fund additional human services programs. Additional leveraging opportunities included the following: The Kent Community Development Collaborative (KCDC), an equitable community development alliance, was created to improve community outcomes focused on housing, health and economic security. Community engagement and leadership development are overarching priorities in KCDC’s work. KCDC is lead by the Community Network Council and includes the following organizations: Coalition for Refugees from Burma, Centro Rendo, Somali Youth and Family Club, Mother Africa, BEST, Iraqi Community Center and Communties In Schools of Kent. The City of Kent’s role is to offer support, help leverage addition resources, assist with data gathering, and to participate in workgroups. KCDC received a two-year grant of $500,000 from Communites of Opportunity. City staff provided additional Genderal Fund investment to Catholic Community Services in the amount of $20,000 in 2018 to leverage an additional $74,950 in funding through a “2018 King County Emergency Shelter and Services Outside of Seattle” Request for Proposals (RFP). This funding was utilized to expand the hours, as well as the days of operation, of the the Community Engagement Center (day shelter). The City does not allocate HOME funds; however Kent staff participates on the Joint Recommendations Committee (JRC). The JRC is an inter-jurisdictional body that provides funding recommendations on a variety of capital funding sources for affordable housing, including HOME funds. JRC also provides advice on guidelines and procedures for King County, and its consortia city partners on a wide range of housing and community development issues. 8.G.a Packet Pg. 136 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 8 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of homeless households to be provided affordable housing units 40 173 Number of non-homeless households to be provided affordable housing units 90 115 Number of special-needs households to be provided affordable housing units 0 0 Total 130 288 Table 5 – Number of Households One-Year Goal Actual Number of households supported through rental assistance 58 182 Number of households supported through the production of new units 0 0 Number of households supported through the rehab of existing units 90 115 Number of households supported through the acquisition of existing units 0 0 Total 148 297 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. Outcomes exceeded goals; and overall, the City was pleased with the performance of its sub-recipients (organizations that the City contracted with to provide services), as funding was stretched to prevent eviction and keep families in their homes. Discuss how these outcomes will impact future annual action plans . Although the City is projecting that it will receive level funding in 2019; this is extremely speculative given political uncertainties. The City is poised to shift a modest amount of funding to emerging issues (e.g., immigration services) and other issues identified by its residents and nonprofits. 8.G.a Packet Pg. 137 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 9 OMB Control No: 2506-0117 (exp. 07/31/2015) Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low-income 204 0 Low-income 46 0 Moderate-income 38 0 Total 288 0 Table 7 – Number of Persons Served Narrative Information The City met the national objective of activities benefitting low/moderate-income persons; these totals are only for Affordable Housing projects pursuant to CR-20. The projects are: City of Kent-Home Repair Program, Catholic Community Services-Katherin's House, St. Stephen Housing Association, and the YWCA-Anita Vista Transitional Housing. 8.G.a Packet Pg. 138 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 10 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City invested in outreach to the homeless through General Fund-supported projects, including street outreach by mental health professionals and a community engagement day center. In addition, the City's police officers’ bike unit outreaches to unsheltered street homeless individuals by connecting them to Housing and Human Services staff and providing information on organizations that provide homeless assistance. The City provides information on its cold weather shelter through organizations that work with the homeless and in locations where homeless individuals assemble; e.g, the library, hot meal programs, etc. Finally, a number of homeless individuals received telephone assistance and visited the City’s Housing and Human Services Office to request food, housing and other services. City staff assessed their needs and provided referrals to nonprofits in the area. Addressing the emergency shelter and transitional housing needs of homeless persons Three programs funded by the City addressed emergency shelter and transitional housing needs of homeless persons: YWCA: Anita Vista Transitional Housing Program (housing for domestic violence survivors and their families); St. Stephen Housing Association Transitional Housing Program (housing for families); and Catholic Community Services-Katherine's House (shelter and case management services to single women in recovery). Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Through its homeless continuum; which was funded by General Funds and CDBG, Multi-service Center (MSC) provided responsive services to target the needs of homeless individuals. Services provided along the continuum consisted of shelter with supportive services, hotel vouchers, rental assistance, and referrals to permanent housing. The YWCA provided case management services and helped homeless individuals find permanent housing. 8.G.a Packet Pg. 139 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 11 OMB Control No: 2506-0117 (exp. 07/31/2015) Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Rental assistance to prevent homelessness was provided by MSC and Open Doors for Multicultural Families. Most of the women that received shelter through CCS were women who were released from the King County Regional Justice Center. General Fund dollars support The Watson Manor Transitional Living Program, which provides up to 18 months of transitional housing and support services to single, homeless, and extremely low-income teenage and young adult mothers and their children. Each young mother is parenting one to two children or at least six months pregnant. Program participants receive a furnished apartment in Watson Manor, a small apartment complex. Services include case management, parent education, life skills training, counseling, substance abuse services, and referral to childcare and educational/vocational programs. The overall program goal is to increase self-sufficiency among homeless young mothers and equip them with the skills necessary to obtain and retain permanent housing. 8.G.a Packet Pg. 140 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 12 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City worked collaboratively to address the needs of public housing by advocating for and investing in affordable housing stock, providing supportive services to prevent homelessness (keeping additional people off the King County Housing Authority waitlist), and staffing a number of committees and application review teams that directed funds to organizations managing affordable housing stock. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The King County Housing Authority (KCHA) increased resident involvement through a number of mechanisms; e.g., the Resident Advisory Council was created as a forum for residents to provide feedback to assist KCHA with the development of policies and procedures that impact Housing Authority residents, etc. The City was rarely in a position to have direct impact on resident involvement. Actions taken to provide assistance to troubled PHAs The KCHA is not considered a troubled PHA. 8.G.a Packet Pg. 141 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 13 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City is researching and analyzing several potential changes, however no action was taken in 2018. Staff is tracking the Regional Affordable Housing Task Force Five Year Action Plan released in December 2018 to determine what recommendations can be implemented locally. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City staffs the Kent Cultural Diversity Initiative Group (KC-DIG). KC-DIG consists of provider agencies, public sector organizations, businesses, and community members that specialize in providing services and resources to refugee communities residing in Kent. It is an opportunity for continuing education, networking, collaboration, and understanding and sharing across cultures.  CDBG Coordinator/KC-DIG facilitator was appointed by the King County Executive to serve on the Immigrant and Refugee Task Force; a report was released in July 2016, and Dinah Wilson testified before the King County Council, advocating that the Council provide funding for a staff position and authorize an Immigrant and Refugee Commission; the Council Committee of the Whole unanimously approved an ordinance to appoint an Immigrant and Refugee Commission which was approved by the King County Council; Dinah will stay connected to the Commission and attend meetings periodically  The CDBG Coordinator attended Racial Equity in Education gatherings in 2018 to support the Kent School District in its efforts to improve education opportunities and academic performance for immigrant and refugee students and students of color  Staff worked with the King County Department of Natural Resources to provide free training opportunities to Kent residents, KC-DIG participants, and Kent Cultural Communities Board members on climate change and how it impacts the community  Staff participated on the planning committee to provide a training on refugee housing and is a member of the King County Refugee Housing Task Force http://www.kingcounty.gov/council/issues/archive/immigrantrefugee.aspx  Staff served as the South King County representative on the King County Mobility Coalition http://metro.kingcounty.gov/advisory-groups/mobility-coalition/index.html  Staff participated on the Black Education Strategy Roundtable; this group works to improve education outcomes for African American students in WA State  Staff participated on the Governing for Racial Equity and Inclusion (GREI), a regional equity and inclusion coalition  GREI hosted over 400 government employees, administrators, and a handful of nonprofit leaders at a conference in December 2018 which focused on racial equity; CDBG Coordinator, Dinah Wilson, chaired the Workshop Planning Committee 8.G.a Packet Pg. 142 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 14 OMB Control No: 2506-0117 (exp. 07/31/2015)  City staff represented Kent and South King County in a regional planning process to evaluate governance of the existing homelessness system in Seattle and King County. The community engagement process was lead by Future Laboratories and 123 customers were engaged to gain a deeper and nuanced understanding of the homeless service system. The work plan includes collaboration with those experiencing homelessness and marginalized communities to allow for the creation of feedback and accountability, enabling leadership to check biases, and build better structures to support change. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) None Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair Program enabled home owners to maintain their homes and preserve housing stock by assisting with critical repairs that they otherwise could not afford. In addition, the City provided funds to Puget Sound Training Center to provide job training and employment assistance to under-servered populations. The City continues to look for opportunities to partner with nonprofits and other community organizations to apply for planning and implementation grants to increase economic opportunity for its residents. Actions taken to develop institutional structure. 91.220(k); 91.320(j)  City staff chaired a regional committee (included the City of Federal Way) that continued a two- year parallel human services application process for the 2019-2020 funding cycle process; the City awarded General Fund grants to four ECBOs totaling over $30,000 (grants were between $2,500 to $9,000),  City staff is on a county planning committee to develop a rapid respond strategy to the challenges that immigrants and refugees are facing as a result of the new immigration policies  In 2018 city staff represented Kent and South King County in a regional planning process to evaluate governance of the existing homelessness system in Seattle and King County. Based on the findings the City of Seattle and King County have agreed to begin pursuing a consolidated regional authority to respond to homelessness while simultaneously boosting aspects of their rcurrent regional capacity in order to be more immediately responsive to the crisis. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City funds several organizations providing housing and rental assistance: Multi-Service Center, 8.G.a Packet Pg. 143 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 15 OMB Control No: 2506-0117 (exp. 07/31/2015) Catholic Community Services, DAWN (General Fund budget), Open Doors for Multicultural Families, and St. Stephen Housing Association. The City coordinates housing services through its investment, communication, and networking with these organizations. Additionally, the City sits on a number of committees that coordinate services to homeless individuals. Homeless coordination is led by All Home, formerly known as the King County Committee to End Homelessness. South King Housing and Homelessness Partnership Staff worked extensively in 2018 to develop an Interlocal Agreement as the continuation and expansion of three years of piloting formal collaboration on housing and homelessness issues between six cities in South King County, including Kent. Kent has contributed funds to the South King Housing and Homelessness Partnership since 2016; this partnership provided additional staff capacity for tracking, developing, and implementing policies related to affordable housing and homelessness to the participating cities. City staff and the Mayor attended collaborative meetings in 2018 to plan the future of the South King Housing and Homelessness Partnership project. Meetings were held in March, June, and October and solidified the intention of nine cities and King County to enter into an Interlocal Agreement starting in 2019. Funding for the project will continue to be allocated from within Human Services’ General Fund budget. Kent staff and other South King County stakeholders continue to meet to deepen cross-jurisdictional coordination, create a common understanding for housing and homelessness needs and strategies for South King County, and move forward strategies in the South King County Response to Homelessness. Two separate groups currently meet – the South King County Homeless Action Committee and the South King County Joint Planners. South King County Joint Planners Convening Human services, land use, and other staff members met every other month with Housing Development Consortium staff to promote regional dialogue and collaboration and provide support and technical assistance on comprehensive plan policies and assessments. This group, the SKC Joint Planners, continued to meet bimonthly to address regional needs related to housing and the suburbanization of poverty in general. South King County Homeless Action Committee The Homeless Action Committee met monthly and its focus was to keep stakeholders updated on regional work, such as the All Home Strategic Plan update and One Night Count facilitation. In 2016, the City of Kent joined with other cities, agencies, and funders in South King County to work with Housing Development Consortium to hire a South King County Housing Planner to help manage the coordination of a network of South King County stakeholders on issues related to affordable housing and homelessness. This partnership is now known as the South King Housing & Homelessness Partnership (SKHHP). The planner disseminated information about regional funding and comment opportunities and catalyzed progress on the implementation of local comprehensive plans and the South King County Response to Homelessness. Support for this work aligned South King County interests with needed 8.G.a Packet Pg. 144 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 16 OMB Control No: 2506-0117 (exp. 07/31/2015) homeless and affordable housing interventions, resources, and promising practices. As a result, South King County communities speak with a united voice to attract resources for locally supported housing solutions. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Recommendations from the City's Analysis of Impediments to Fair Housing Choice included: Recommendation I: Expand current education and outreach efforts The City continued to work on this recommendation by: (1) Posting fair housing materials on its website; (2) Providing fair housing articles/information/notices in electronic communications to the Kent Cultural Diversity Initiative Group; and (3) Providing fair housing materials to apartment complexes through its police department. Recommendation II: Continue ongoing enforcement activities In January 2017, the Kent City Council unanimously passed a Source of Income Discrimination Ordinance. This tenant protection ensures that people already facing high barriers to housing are not discriminated against solely based on use of a Section 8 voucher or other form of public assistance. This can have a significant impact on communities like Kent whose low income residents disproportionately need to rely on housing subsidies to make ends meet, including households of color, seniors, veterans, people with disabilities, and single parent households with young children. The City Council took great strides in 2016 by including funding in the 2017-2018 budget to enact a Proactive Rental Inspection program in the City of Kent. This tool will both help protect tenants who fear speaking up about substandard housing conditions, and ensure that rental properties are adequately maintained. The City does not have enforcement authority; the Washington State Human Rights Commission and the King County Office of Civil Rights investigates complaints. Recommendation III: Target home ownership and lending marketing to African Americans and Hispanics households When the City received stimulus funds through the Neighborhood Stabilization Program (NSP), the funds were used to purchase and rehabilitate three foreclosed homes, which were then sold to income- eligible homebuyers. The homebuyers were families of African descent that had been on the Habitat for Humanity waitlist for an extended period of time; the families received zero-interest loans. A fifteen- year covenant of affordability was signed by each homebuyer. Mortgage payments received from the 8.G.a Packet Pg. 145 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 17 OMB Control No: 2506-0117 (exp. 07/31/2015) homebuyers were entered into a fund that will allow Habitat for Humanity to purchase, rehabilitate, and sell additional houses. (Habitat for Humanity provides an annual accounting to the City on the amount of these funds.) The mortgage payments will allow the City and Habitat for Humanity to target additional home ownership to African American and Hispanic households that are on the waitlist. The City provides an annual report to the State on its NSP project. 8.G.a Packet Pg. 146 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 18 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City monitored its CDBG projects throughout the year, met with a number of project managers, and will schedule on-site visit at two projects in 2018. The following standards and procedures were used to monitor CDBG-funded agencies:  Programs funded by the City must maintain high standards. Organizations are informed via the CDBG Agreement that the failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding  Backup reports to support costs are required; and if adequate documentation is not submitted, payment is reduced or denied  Projects received quarterly monitoring. Programs that needed guidance in achieving performance measures or adhering to contractual requirements received technical assistance, were required to attend a meeting with City staff, and/or received an on-site monitoring visit; Quarterly performance reports were reviewed by the Human Services Commission  Monitoring concerns/finding were reviewed with agency staff and documented in writing. When applicable, timely corrective action was required Agencies were required to provide supporting documentation or written communication verifying that deficiencies were corrected. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.  A Public Notice was posted on the City of Kent website on Monday, January 11, 2019. A link to the website was provided to non-profits, South King County Planners, and stakeholders in the Kent area. In addition, a link to the electronic notice was provided to participants of the Kent Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial minorities, non-English speaking persons, and people with disabilities.  A copy of the Public Notice and the CAPER were posted in the Housing and Human Services Office and at City Hall.  The Kent community and stakeholders were also invited to provide comments at a public hearing before the Kent Human Services Commission on February 25, 2019. CR-45 - CDBG 91.520(c) 8.G.a Packet Pg. 147 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 19 OMB Control No: 2506-0117 (exp. 07/31/2015) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes in the City's program objectives. The City does not anticipate major changes in programs. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. N/A 8.G.a Packet Pg. 148 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) CAPER 20 OMB Control No: 2506-0117 (exp. 07/31/2015) Submitted to: US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Office of Community Planning and Development Seattle Federal Office Building 909 First Avenue, Suite 300 Seattle, WA 98104-1000 Prepared by: CITY OF KENT Parks, Recreation & Community Services Department Housing and Human Services Division 220 Fourth Avenue South Kent, WA 98032 Staff: Housing & Human Services Manager, Merina Hanson Lead CDBG Staff: Dinah R. Wilson Report Due: March 2019 8.G.a Packet Pg. 149 At t a c h m e n t : C A P E R 2 0 1 8 ( 1 6 5 8 : 2 0 1 8 C o n s o l i d a t e d A n n u a l P e r f o r m a n c e E v a l u a t i o n R e p o r t ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: Parriott Plat Bill of Sale - Authorize MOTION: Authorize the Mayor to accept the Bill of Sale from Parriott LLC, for public improvements made at 26120 132nd Avenue Southeast. SUMMARY: This bill of sale is related to Parriott LLC, for the following improvements located at 26120 132nd Avenue Southeast and detailed on the attached Bill of Sale: A. New streets, together with curbs, gutters, sidewalks, and/or any other appurtenances on 134th Avenue S.E. and S.E. 261st Place. B. New frontage improvements, together with lights, trees, landscaping (except for residential streets) and/or any other appurtenances on 132nd Avenue S.E. C. Storm Sewers, and/or any other appurtenances located on S.E. 261st Place and 134th Avenue S.E. ATTACHMENTS: 1. Bill of Sale Parriot LLC (PDF) 8.H Packet Pg. 150 MAIL TO; CITY OF KENT ENGINEERING DEPARTMENT ATTN: Karen Wesson KENT 22O . ATH AVENUE SOUTH KENT, WASI|TNGTON 98032WASHITtlToN gN (street, easement, etc.) Profcct:Parriott LLC Civil Construction Final Plat Pcrmlt #I DECA lnaAat<52783 Locatlon: 26120 l32nd Ave. S.E. Kent, WA 98042 Parcel # : Lot 1# 2722C59282 Lot 2#2722059245 BILL OF SALE GITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this _1d_ day of ZA 16 , by and between Parriott LLC ;,iT,?il"#-T,'gig "Granteet': WITNESSETH: That the sald Grantors for a valuable conslderatlon does hereby grant, bargain, sell to Grantee the followlng described improvements : Together of_ gate valves at g edch, _ hydrants at each other appurtenances thereto.$ IA Including llnear feet at $ _ per LF of -- (size & type) _ waterline. Together thereto. of _ manholes at g each and/or any other appurtenances s (street, easement, etc,) Including linear feet at $ _ per LF of _ Blll of Sale 1of5 IO ***Not Applicable to this Bill of Sale - Property of Soos Creek Water & Sewer District 8.H.a Packet Pg. 151 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) (size & tvpe) sewerllne. G. NEWSTREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances aN FROM (street, easement, etc,) Ig 26lst Pl & Hammerhead134th.Ave SE & SE 261st Pl.Prnnline Crrl-T)e-Sar Including 490'llnear feet at $122.00 per LF of I,590 S.Y. HMA (size & type) 620'FL of 18" C&G (improvement). 2,620 S.F. sidewalk & approach, 7 ea street tree, mailbox cluster, signs & striping D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except resldential streets) and/or any other appurtenances gN FRoM Ig {street, easement, etc,) 132nd Ave SE STA 21+46 STA 23 + 6l Including 215'linear feet at $263.00 per LF of 410 sy 6" HMA. 320 SY 2" HMA Overlay (size & type) 2-C8.27912" pipe. (improvement). 1 ea street light, 7 ea street trees, 192 LF curb, 1.900 SF Sidewalk & approach, 2 eaType III barricade. E. STORM SEWERIS; 2 ea,u manholes at $3.500.00Together with a total of basins at $925.00 each or total of L- catch storm filter MH cubic feet of detentlon pon$ storage each,lea LF of with a total cost of $l9-750_00 18.310 with a total cost of $135-000.00 ON (street, easement, etc.) SE 261st Pl & 134th Ave SE and/or any other appurtenances thereto. FROT{ ----All onsite storm pipe-- Ig Includlng 455 linear feet at $4t.75 per LF of 12" {size & type)sDR- 35 PVC sewerllne. To have and to hold the same to the sald Grantee, lts successors and assigns forever, The undersigned hereby covenants that it is the lawful owner of sald property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, lts successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the appllcable City Ordinances. The City accepts the ltems subJect to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 8.H.a Packet Pg. 152 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) IN WITNESS WHEREOF, the underslgned has caused this instrument to be executed on this 3rd day of February , 20 1S-. David Ceccanti, Manager lN WITNESS WHEREOF, the underslgned has caused this instrument to be executed on this dayof-,zo W W STATE OF WASHINGTON GOUNTY OF ISIRJ€1 pi"'.." On this ?...1 day of Februarv , 20 16 , before me, the undersigned A Notary Public ln and for the State of Washington, duly commissioned and sworn, personally appeared David Cerr:nti to me known to be the indlvidual descrlbed in and who executed the foregoing instrument, and acknowledged to me that he/she slgned and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and officlal seal thls 3rd day of 2016 . s5 ) ) ) -a{FPgil-t0 o- ro Notary Publ and for the State of Washington, resldlng at Pierce County, Washington My Commission Expires: 1 0-30-201 B Bill of Sale 3of5 8.H.a Packet Pg. 153 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) STATE OF WASHINGTON COUNTY OF KtrltOGfi Pierce ss ) ) ) On this 3rd day of Februarv t 20 16 , before mef the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared n/a David Ceccanti and n/a n/a to me to be the respectively ofand Parriott LLC the Manager that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liabiliry Company for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument, Witness my hand and offlcial seal hereto affix the day and year first above wrltten. G l1 Notary Public in and for the State of Washington, residing at ?i I I ltrOr W My Commission Expires: 1 0-30-201 B The Bill of Sale is given and accepted pursuant to a motion duly made. seconded, and passed by the City Council of the City of Kent, King County, Washlngton,on the 3rd of 2A16 Blll of Sale 4of5 r $o 3 0 -4tsPgg1-t0 8.H.a Packet Pg. 154 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) KENTWasHtlcroar EN GINE ER's CERTIFICATION CITY OF KENT I(ING COUilft WASHII{GTON The flgures used on the Blll of Sale for ?ARnI 0 uvf'i project dated zlrltu , for the same said PAOAoIf Ul, proJect.Do T llu-the underslgned @t land surveyor ls the person responslble for the pr$aration of the Bill of sate and rs an emplovee orfQiprl nrlr3rorl of DlfrOE{Artf fral.tSoaAt6 the ftrm responslble for the preparatlon of the record drawings. Signature ( Eng Ineer sta m p requl red ) f The quantities in this document are as provided by the contractor and generally conform to the project plans. The unit prices in this document are as provided by the contractor and generally conform to Triad's recent experience with bids that have been made on other projects. Triad has not reviewed detailed project costs. Conditions vary from project to project and in addition, prices may change for a given project due to shifts in supply and demand. Because of these factors, Triad does not guarantee or warant the accuracy of the unit prices shown.Blll of Sale 5of5 D r, 8.H.a Packet Pg. 155 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) ACI ACTIVE CONSTRUCTION INC. To: City of Kent Engineering Department LETTER OF TRANSMITTAL Date: 2/4116 Re: Parriott, LLC Job No 220 - Ath Avenue South 26120132"d Ave. SE Kent, WA 98042 Kent, WA 98032 We are sending you: tr Shop Drawings tr Copy of Letter X Attached n Under a separate cover via n Submittals E Plans & Specifications E Change Order tl Pay Estimate E Samples n the following items: n Subcontract Copies Date No.Description 1 213/20r6 Bill of Sale ,f .'t,,', .. ( ii r.,ff;n ji?::;; , . ' -1r ?".':jlJ:r.,. THESE ARE TRANSMITTED AS CHECKED BELOW: n For approval E Approved as submitted X For your use n Approved as noted fl As requested n Returned for corrections n For review and signature X Return lsigned original(s) n For Bids Due n Resubmit copies for approval. n Submit copies for distribution n Retum corrected prints n Release for signature and return n Prints returned after loan to us REMARKS: Thank You, Copies to: File G. Sampson Manager (253) 248-1428 *direct phone* b ev er ly p@p ct iv ec o n st r uct io n. co m If enclosures are not as noted, kindly notify us at once. PTTYALLUP, WA 98371 (253)248-1091 rwvw. activeconstruction.com POBOX430 ffi FAX (253) 248-1092 8.H.a Packet Pg. 156 At t a c h m e n t : B i l l o f S a l e P a r r i o t L L C ( 1 6 6 6 : P a r r i o t t P l a t B i l l o f S a l e - A u t h o r i z e ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: Bandon East Subdivision Bill of Sale - Authorize MOTION: Authorize the Mayor to accept the Bill of Sale from Harbour Homes, LLC for the public improvements made at 24459 98th Avenue South. SUMMARY: This bill of sale is for Bandon East, located at 24459 98th Avenue South for the following public improvements as detailed on the attached Bill of Sale: A. Watermains, together with a total of 8 gate valves at $1,000 each, 2 hydrants at $4,800 each, and/or any other appurtenances on South 245th Place from 96th Avenue South to 98th Avenue South. B. Sanitary Sewers, together with a total of 3 manholes at $5,616.67 each, and or other appurtenances thereto, and 27 cleanouts at $175. each and/or any other appurtenances on South 245th Place from 96th Avenue South to 98th Avenue South. C. New streets, together with curbs, gutters, sidewalks, and/or any other appurtenances on South 245th Place from 96th Avenue South to 98th Avenue South. D. Frontage Improvements, together with lights, trees, landscaping (except residential streets) and/or any other appurtenances on South 245th Place from 96th Avenue South to 98th Avenue South. E. Storm Sewers on South 245th Place from 96th Avenue South to 98th Avenue South. ATTACHMENTS: 1. Bill of Sale Bandon East (PDF) 8.I Packet Pg. 157 MAIL TO: CITY OF KENT ENGINEERING DEPARTM ENT ATTN: KENT 22O - 4TH AVENUE SOUTH KENT, WASHINGTON 98032WaSHTHGToH Project 13034 - Bandon East Permit #: Location: 24459 98th Ave S. Kent, WA Parcel #1q?2n5 -qo)1 -oa1 . -9416 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 19th day of January,2OL5, by and between _Harbour Homes, L , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following descri bed i mprovements : A. WATERMAINS: Together with a total of _8_ gate valves at $ _1,OOO.OO_each, _2_ hydrants at $ _4r8OO_ each and/or any other appurtenances thereto. ON (street, easement, etc.) S 245TH PL 96TH AVE S Including _642- linear feet at $ _36.OO_ per LF of _8" DI_ Including _25- linear feet at $ _26.75_ per LF of _6" DI_Including linear feet at $ _ per LF of _ (size & type) B. SANITARY SEWERS: FROM TO 98TH AVE S Together with a total appu rtenances thereto. Together with a total appu rtenances thereto. waterline. of _3_ manholes at g _56L6.67- each and/or any other of _27_ cleanouts at $ _175.OO_ each andlor any other Bill of Sale 1of5 8.I.a Packet Pg. 158 At t a c h m e n t : B i l l o f S a l e B a n d o n E a s t ( 1 6 6 7 : B a n d o n E a s t S u b d i v i s i o n B i l l o f S a l e - A u t h o r i z e ) ON (street, easement, etc.) S 245TH PL FROM 96TH AVE S TO 98TH AVE S Including -€29- linear feet at $ -36.00- per LF of -8" PVC- Including _l,443- linear feet at $ -26.75- per LF of -6" PVC- (size & type)sewerline C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM (street, easement, etc.) S 245TH PL 96TH AVE S TO 98TH AVE S Including _1,696 linear feet at $ -18.00- per LF of -curb and gutter- Including _1,619 linear feet at $ -13.13- per LF of -concrete sidewalk Including _331 linear feet at $ -15.45- per LF of asphalt driveways Including _82_ linear feet at $ _65,85- per LF of concrete handicap ramps (size & type)(improvement) D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON (street, easement, etc.) S 245TH PL ON (street, easement, etc.) S 245TH PL FROM 96TH AVE S TO 98TH AVE S Including -O- at $ -N/ of _street lights- Including -7- at $ -571.43- of street signs- (size & type)improvement) E. STORM SEWERS: Together with a total of _1O- manholes at $ -4,500.00- each or total of -24-catch basins at $ _1,O5O.OO- each, -O- LF of biofiltration swale or drainage ditch with a total cost of $ _N/A-, total of _357_ LF of C,I.P. concrete retaining wall with a total cost of $ -N/ total of -158,549- cubic feet of detention pond storage with a total cost of $ -3051864.15r and/or any other appurtenances thereto FROM 96TH AVE S TO 98TH AVE S Including -1AO- linear feet at $ -1O4.OO- per LF of -24" pvc- Including -1L7- linear feet at $ -160.00- per LF of -24" DI- Including -4a2- linear feet at $ -81.OO- per LF of -18" pvc- Including -196- linear feet at $ -1O9.OO- per LF of -18"DI-Bill of Sale 2of5 8.I.a Packet Pg. 159 At t a c h m e n t : B i l l o f S a l e B a n d o n E a s t ( 1 6 6 7 : B a n d o n E a s t S u b d i v i s i o n B i l l o f S a l e - A u t h o r i z e ) Including _444- linear feet at $ _8O.OO_ per LF of _l8"HDPE_ Including _LA54 linear feet at $ -44.OO- per LF of -L7"pvc- Including _L,226 linear feet at $ _17.50_ per LF of _6"pvc_ (size & type)storm sewerline To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS ) \s' WHEREOF, the undersigned has caused this instrument to be executed on this day of ,20 l[ uF vs(s pg.asraen"r IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of ,20 -. STATE OF WASHINGTON COUNTY OF KING on this 21rr ss ) ) ) undersigned A Notary Public in and for the State of Washington, duly appeared Jr^sli^ h^'^*^to me known who executed the foregoing instrument, and acknowledged to me instrument as his/her free and voluntary act and deed for the uses and , 20 I L , before me, the commissioned and sworn, personally to be the individual described in and that he/she signed and sealed this purposes therein mentioned. day of Bill of Sale 3of5 8.I.a Packet Pg. 160 At t a c h m e n t : B i l l o f S a l e B a n d o n E a s t ( 1 6 6 7 : B a n d o n E a s t S u b d i v i s i o n B i l l o f S a l e - A u t h o r i z e ) GIVEN under my hand and official seal this L\ rt day of 20 iI k/ LJ - Ltn.;s 8".*^! g0TARp Notary Public in and for the State of Washington, residing at Uooil,lnui llr PuBr"tc My Commission Expires: {-rs- rq ralltl STATE OF WASHINGTON COUNTY OF KING On this day of , 20 _ , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally a ppea red and to me to be the respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of Bill of Sale 4of5 (, a.- 88 ss ) ) ) and 20 8.I.a Packet Pg. 161 At t a c h m e n t : B i l l o f S a l e B a n d o n E a s t ( 1 6 6 7 : B a n d o n E a s t S u b d i v i s i o n B i l l o f S a l e - A u t h o r i z e ) KENT WasHrNErrEH ENGIN E ER'S CE RTIFICATION CITY OF KENT KrNG COUNTY, WASHTNGTON The figures used on the Bill of Sale for trn F^sl project dated Jrun' ?z tPlV , for the same said %wrLo"t&-s I project iVa,V-.orn Ju,r'.rt n'w the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of .PPS , the firm responsible for the preparation of the record drawings Signature (Engin:eer \. Bill of Sale 5of5 45?32 i\. ..\1, 8.I.a Packet Pg. 162 At t a c h m e n t : B i l l o f S a l e B a n d o n E a s t ( 1 6 6 7 : B a n d o n E a s t S u b d i v i s i o n B i l l o f S a l e - A u t h o r i z e ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: Verdana Phase 2 Bill of Sale - Authorize MOTION: Authorize the Mayor to accept the Bill of Sale from Kent 160, LLC for public improvements made as part of Verdana Phase 2. SUMMARY: This bill of sale is for Verdana Phase 2, located at 124th Avenue Southeast between 288th and 304th Streets for public improvements as detailed on the attached Bill of Sale: A. Watermains, together with a total of two 8” gate valves at $1,050 each, 4 hydrants at $2,600 each, and/or any other appurtenances on S.E. 289th Place. B. New streets, together with curbs, gutters, sidewalks, and/or any other appurtenances. C. Storm Sewers, together with 28 catch basins at $1,050 each. ATTACHMENTS: 1. Bill of Sale Verdana Phase 2 (PDF) 8.J Packet Pg. 163 q KENT MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 22O - 4TH AVENUE SOUTH KENT, WASHTNGTON 98032 Project Brirlnps(FKA \/erda ) - Phase 2 Permit #:11r\/A Dtra +)nA?q,)A Location: 124th Ave SE between 2BBth St and 304th St WrsurNBTtlt{ CITV OF KENT }4AR r 1 ?A13 FhIGINF.FHING DEPT Parcel #:O421n5-qn'l 6 end -7 700-0046 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this l9rr,t day of Mao J},2o:e , by and between Kent 16 LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements : A. WATERMAINS: Together with a total of 2 8" gate valves at $ 1,O5O each, g[_ hydrants at g 2t6OO each and/or any other appurtenances thereto.gN FRoM Ig (street, easement, etc.) sE 289th PL 12znd St SE 121st way sE 121* Way SE SE 289th PL SE 292nd Way 120th Way SE 121st Way SE SE 292nd Way Including 1485 linear feet at $'R per LF of 8" (size & type)D.I waterline. B. SANITARY SEWERS: Together with a total of thereto. ON (street, easement, etc.) Including linear feet at $ (size & type) _ sewerline manholes at $ FROM each and/or any other appurtenances TO Bill of Sale 1of5 per LF of 8.J.a Packet Pg. 164 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 2 ( 1 6 6 8 : V e r d a n a P h a s e 2 B i l l o f S a l e - A u t h o r i z e ) C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances S FROM (street, easement, etc.) sE 289th PL 122nd st sE 121st Way SE SE 289th pL 120th Way SE 121't Way SE Iq 12lst Way SE SE 292nd Way SE 292nd WayIncluding 1938 linear feet at $t20 per LF of asohalt road (size & type) 2-13' lanes with curb & outter and 5' sidewalks (improvement). Including 113 linear feet at $75 per LF of asohalt road (size & type) 2o'-wide Allev (improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) andlor any other appurtenancesON FROM TO (street, easement, etc.) Including linear feet at $per LF of (size & type)mprovement) E. STORM SEWERS: Together with a total of O manholes at $ O each, total of 28 catch basins at g _LEIQ_ each, O LF of bio-filtration swale or drainage ditch with a total cost of $ O , O cubic feet of detention pond storage with a total cost of $ O , and/or any other appurtenances thereto ON FROM (street, easement, etc.) sE 289th PL 122nd St SE 121st Way SE SE 289th PL 120th Way SE 121st Way SE Including L6fJ7 linear feet at $ 26.0O per LF of L2" (size & type)PVC sewerline. Including 156 T,A 121't Way SE SE 292nd Way SE 292nd Way (size & type)PVC linear feet at $ 3O.5O per LF of 15" sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period, Bill of Sale 2of5 8.J.a Packet Pg. 165 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 2 ( 1 6 6 8 : V e r d a n a P h a s e 2 B i l l o f S a l e - A u t h o r i z e ) IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this ? O'44L day of ^*ez* ,20 l< . IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of '20-. STATE OF WASHINGTON ) ) ) ss COUNTY OF KING On this *y day of '{A^-Jv.', 20 lj , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 'bvu.^"^. P-oSs to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this t#day of WnN-20 13 blic in and for the State of gton, residing at V^,tV,U--a, Wft of $l My Commission Expires: Itltt,r,,rr,,}L 4 STATE OF WASHINGTON Bill of Sale 3of5 ) 8.J.a Packet Pg. 166 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 2 ( 1 6 6 8 : V e r d a n a P h a s e 2 B i l l o f S a l e - A u t h o r i z e ) ss) )COUNTY OF KING 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 and to me to be the respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of ,20 Bill of Sale 4ofS and 8.J.a Packet Pg. 167 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 2 ( 1 6 6 8 : V e r d a n a P h a s e 2 B i l l o f S a l e - A u t h o r i z e ) I KENT WasHlrrrclror{ ENGIN EER'S CERTIFICATION CITY OF KENT KrNG COUNTY, WASHTNGTON The figures used on the Bill of Sale for Bridges (F.K.A, Verdana) - Phase 2 project dated , for the same said Bridaes (F-K-A-ana) - Phase 2 project. Richard A. Tomkins the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Triad Associates , the firm responsible for the preparation of the record drawings. ^ lry Izor^ I , Signature ( Engineer sta mp required) Bill of Sale 5of5 8.J.a Packet Pg. 168 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 2 ( 1 6 6 8 : V e r d a n a P h a s e 2 B i l l o f S a l e - A u t h o r i z e ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: Verdana Phase 3 Bill of Sale - Authorize MOTION: Authorize the Mayor to accept the Bill of Sale from Kent 160, LLC for public improvements made as part of Verdana Phase 3. SUMMARY: This bill of sale is for Verdana Phase 3, located at 29201 124th Avenue Southeast for the following public improvements as detailed on the attached Bill of Sale: A. Watermains, together with a total of nine 8” gate valves at $1,260 each, 5 hydrants and $5,100 each, and/or any other appurtenances thereto. ATTACHMENTS: 1. Bill of Sale Verdana Phase 3 (PDF) 8.K Packet Pg. 169 KENT MAIL TO; CITY OF KENT ENGXNEERING DEPARTMENT ATTN: Annika Howard 22O - 4TH AVENUE SOUTH KENT, \ltASHrNcTON 98032 Project:Bridnpc fF K.A- Verdana\ - Fh Permit #:KIVA REC #2063524 Location: Phase 3 Parcel #:04?1 0q-qn 16 and 786700-0046 WrsnrNCrrrlN THIS INSTRUMENT made this 3 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON day of November , 207.4 . , by and between K 160. LLC "Grantors", and City of Kent, a municipal corpo ration of King County, State of Washington hereinafter called hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the followingdescribed improvements: A. IIIATERMAINS: Together with a total of 9 8" gate valves at $ 126o _ each, 5 hydrants at$ S.fOO each and/or any other appurtenances thereto. s (street, easement, etc,) 123'd Place SE SE 269th Place/123rd Place SE SE 293'd Street Alley C SE 295th Court SE 294th Court Tract WV B. SANITARY SEWERS: Together with a total of thereto. 9N (street, easement, etc.) Including linear feet at g (size & type) _ sewerline. Bill of Sale 1of5 FROM Sta 1+00.00 Sta 1+00.00 Sta 1+00.00 Sta 1+00.00 Sta 1+00.00 Sta 1+00.00 sta 5+14.66 manholes at $ --FROM IA Sta 5+41.66 Sta 14+30.69 Sta 4+16.68 Sta 6+21,45 sta 1+80.50 sta 3+38,03 sta 17+84.97 each and/or any other appurtenances I9 Including 3275 linear feet at $ EZ per LF of 8,r (size & type)D.I.waterline. per LF of 8.K.a Packet Pg. 170 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 3 ( 1 6 6 9 : V e r d a n a P h a s e 3 B i l l o f S a l e - A u t h o r i z e ) C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM (street, easement, etc.) T,A Including linear feet at g per LF of _ (size & type)(improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) andlor any other appurtenances9N FRoM b(street, easement, etc.) Including linear feet at $ _ per LF of (improvement),(size & type) E. STORM SEWERS: Together with a total of - manholes at $- each, total of _ catch basins at $ _ each, _LF of bio-flltration swale or drainage ditch with a total cost of $-, - cubic feet of detention pond storage with a total cost of $ _, andlor any other appurtenances thereto. 9S FRoM rq(street, easement, etc.) Including + linear feet at $ _ per LF of _ (size & type)sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is freefrom all encumbrances; that all bills for labor and materials have been paidj ttrat it has the right to se1the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of allperson(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicableCity ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period, Bill of Sale 2of5 8.K.a Packet Pg. 171 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 3 ( 1 6 6 9 : V e r d a n a P h a s e 3 B i l l o f S a l e - A u t h o r i z e ) xN Y-r{frf9s wH!ff| rJg:ument ro be executed on this Uos 5 $'0inu.rr4$ ftno'rr IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 _. STATE OF WASHINGTON COUNTV OF KING 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 to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20_. Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 3of5 ss ) ) ) 8.K.a Packet Pg. 172 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 3 ( 1 6 6 9 : V e r d a n a P h a s e 3 B i l l o f S a l e - A u t h o r i z e ) STATE OF WASHINGTON COUNTY OF KING On this ibru day or f\lNefiqW' , zo i4 , berore me, the undersigned A Notary Public in and for the State of Washington, duly commissioned a nd sworn, personally to me to be the respectively of appeared fi'nftir\ Y? r,,i the that executed the foregoing tn acknowledged the said instrument to be the free and untary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized execute said instrument. Witness my hand and official seal hereto affix the day and year first above written ublic in and the State of Wa ton, residing at My Commission Expires: t-7q-rs The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City council of the city of Kent, Kins :ily:on, on the day of Bill of Sale 4ofS ss ) ) ) 1 8.K.a Packet Pg. 173 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 3 ( 1 6 6 9 : V e r d a n a P h a s e 3 B i l l o f S a l e - A u t h o r i z e ) KENT VfasHrNGT(}H ENGIN EER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures sed on the Bill of Sale for Bridqes (F.K.A. Verdana) - Phase 3 project dated , for the same said Bridqes (F.K,A. Verdana) - Phase 3 project.Rov E. Lewis, JR., PE the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Triad Associates , the firm responsible for the preparation of the record drawings. Signature ( E n g i neer sta m p req u i red ) Bill of Sale 5of5 19918 L I 8.K.a Packet Pg. 174 At t a c h m e n t : B i l l o f S a l e V e r d a n a P h a s e 3 ( 1 6 6 9 : V e r d a n a P h a s e 3 B i l l o f S a l e - A u t h o r i z e ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with JayRay Ads & PR Inc. for PR and Marketing Leisure Tourism - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jay Ray Ads & PR Inc in the amount of $96,500 to provide media and marketing services to promote Kent's Amenities as a leisure destination, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. SUMMARY: “Visit Kent” is Kent’s annual leisure tourism marketing program utilizing multiple strategies to increase overall awareness of Kent as a place for leisure entertainment. JayRay utilizes partnerships with the City, Kent Downtown Partnership, accesso ShoWare Center and Seattle Thunderbirds to collaborate on messaging and coordination of marketing efforts to help each organization extend their reach. They also work closely with Kent’s hoteliers, restaurateurs and other attractions to share their stories through Visit Kent’s marketing channels. Planned story telling for 2019 includes visuals both on and offline, and will feature places to stay, restaurants, attractions, events, parks, trails, sports, transportation options, affordability, diverse culture and more. JayRay will collaborate with local businesses to tell these stories utilizing a travel blog, e-newsletter, websites, social media, and media relations. BUDGET IMPACT: $96,500 Lodging Tax Account SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government, Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement with Jayray Ads & PR, Inc (PDF) 8.L Packet Pg. 175 8.L.a Packet Pg. 176 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 177 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 178 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 179 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 180 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 181 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 182 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 183 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 184 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 185 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 186 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 187 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 188 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 189 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 190 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 191 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 192 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 193 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 194 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r 8.L.a Packet Pg. 195 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 J a y r a y A d s & P R , I n c ( 1 6 8 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 J a y R a y A d s & P R I n c . f o r DATE: March 19, 2019 TO: Kent City Council SUBJECT: 2019 Asphalt Overlays - Award MOTION: Award the 2019 Asphalt Overlays Project to Miles Resources, LLC, in the amount of $3,227,355 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes new pavement on South 208th Street from 96th Way South to 108th Avenue Southeast, as well as residential areas on the east and west hills. See attached map. Also included are curb ramp upgrades, and minor curb and sidewalk repairs to meet Americans with Disabilities Act requirements. The bid opening for the 2019 Asphalt Overlays Project was held on March 12, 2019, with five bids received. The lowest responsible and responsive bid was submitted by Miles Resources, LLC, in the amount of $3,227,355. Bid Tab Summary 01. Miles Resources, LLC $3,227,355.00 02. Tucci & Sons Inc. $3,591,485.00 03. Lakeside Industries $3,606,150.50 04. ICON Materials $3,678,517.40 05. Scarsella Bros., Inc. $3,722,591.50 Engineer's Estimate $3,959,820.00 BUDGET IMPACT: The project will be paid for using Business and Occupation Tax Funds and Solid Waste Utility Tax Fund. ATTACHMENTS: 1. Exhibit A 2019 Asphalt Overlays Bid Tab (PDF) 2. Exhibit B 2019 Asphalt Overlays Map (PDF) 10.A Packet Pg. 196 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM Miles Resources, LLC Tucci & Sons Inc. Lakeside Industries ICON Materials 400 Valley Ave. NE 4224 Waller Rd. 18808 SE 257th St. 1508 Valentine Ave. SE Puyallup, WA 98372 Tacoma, WA 98443-1623 Covington, WA 98042 Pacific, WA 98047-2103 TOTAL $3,227,355.00 $3,591,485.00 $3,606,150.50 $3,678,517.40 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: RESIDENTIAL 1000 Mobilization 1 LS 156,800.00 $156,800.00 63,000.00 $63,000.00 250,000.00 $250,000.00 240,000.00 $240,000.00 1005 * Saw Cut Existing Asphalt Concrete Pavement 2,700 LF 5.75 $15,525.00 2.20 $5,940.00 4.00 $10,800.00 4.30 $11,610.00 1010 * Roadway Excavation Incl. Haul 170 CY 80.00 $13,600.00 48.00 $8,160.00 35.00 $5,950.00 40.00 $6,800.00 1015 * Unsuitable Foundation Excavation Incl. Haul 50 CY 80.00 $4,000.00 88.00 $4,400.00 35.00 $1,750.00 40.00 $2,000.00 1020 * Remove Existing Asphalt Concrete Pavement 520 SY 19.00 $9,880.00 26.00 $13,520.00 15.15 $7,878.00 59.00 $30,680.00 1025 * Remove Cement Concrete Sidewalk 1,500 SY 67.00 $100,500.00 78.00 $117,000.00 17.30 $25,950.00 70.00 $105,000.00 1030 * Remove Cement Concrete Curb and Gutter 2,300 LF 6.00 $13,800.00 3.00 $6,900.00 12.95 $29,785.00 18.00 $41,400.00 1040 * Gravel Borrow, Including Haul & Compaction 50 TON 75.00 $3,750.00 56.00 $2,800.00 35.00 $1,750.00 39.50 $1,975.00 1045 * Crushed Surfacing Top Course, 5/8 Inch Minus 250 TON 57.00 $14,250.00 105.00 $26,250.00 45.00 $11,250.00 40.00 $10,000.00 1050 Planing Bituminous Pavement, 2 Inch Thick 22,000 SY 3.85 $84,700.00 7.00 $154,000.00 5.50 $121,000.00 7.00 $154,000.00 1055 HMA Class 1/2", PG 58V-22 6,600 TON 90.00 $594,000.00 99.25 $655,050.00 96.50 $636,900.00 93.50 $617,100.00 1060 Asphalt Cost Price Adjustment 1 CALC 33,000.00 $33,000.00 33,000.00 $33,000.00 33,000.00 $33,000.00 33,000.00 $33,000.00 1062 Speed Cushion 2 EA 3,000.00 $6,000.00 6,000.00 $12,000.00 3,500.00 $7,000.00 5,454.70 $10,909.40 1065 * Cement Concrete Sidewalk 400 SY 64.00 $25,600.00 74.00 $29,600.00 56.45 $22,580.00 42.00 $16,800.00 1070 Cement Concrete Sidewalk Ramp Type Parallel A 37 EA 1,750.00 $64,750.00 2,600.00 $96,200.00 2,060.00 $76,220.00 1,870.00 $69,190.00 1075 Cement Concrete Sidewalk Ramp Type Parallel B 3 EA 1,750.00 $5,250.00 2,650.00 $7,950.00 1,815.00 $5,445.00 1,950.00 $5,850.00 1080 Cement Concrete Sidewalk Ramp Type Single Direction A 3 EA 2,200.00 $6,600.00 3,100.00 $9,300.00 2,090.00 $6,270.00 1,950.00 $5,850.00 1085 Cement Concrete Sidewalk Ramp Type Combination 17 EA 1,750.00 $29,750.00 2,700.00 $45,900.00 2,165.00 $36,805.00 2,200.00 $37,400.00 1086 Cement Concrete Sidewalk Ramp Type Single Combination 8 EA 1,750.00 $14,000.00 2,700.00 $21,600.00 2,135.00 $17,080.00 2,200.00 $17,600.00 1090 * Cement Concrete Curb & Gutter 2,300 LF 30.00 $69,000.00 28.00 $64,400.00 40.85 $93,955.00 40.00 $92,000.00 1095 * Pedestrian Curb 1,200 LF 30.00 $36,000.00 28.00 $33,600.00 38.05 $45,660.00 13.00 $15,600.00 1096 Detectable Warning Surface 50 SF 60.00 $3,000.00 60.00 $3,000.00 75.00 $3,750.00 90.00 $4,500.00 1097 Directional Striping 25 LF 290.00 $7,250.00 11.00 $275.00 250.00 $6,250.00 280.00 $7,000.00 1105 Replace Existing Valve Box Top Section & Lid to Finished Grade 29 EA 625.00 $18,125.00 740.00 $21,460.00 560.00 $16,240.00 500.00 $14,500.00 1110 Replace Existing Manhole Frame & Cover to Finished Grade 45 EA 1,400.00 $63,000.00 1,370.00 $61,650.00 1,340.00 $60,300.00 900.00 $40,500.00 1111 Replace Existing Rectangular Frame & Cover with Round Frame & Cover 4 EA 1,400.00 $5,600.00 1,370.00 $5,480.00 1,240.00 $4,960.00 900.00 $3,600.00 1120 Adjust Existing Catch Basin Frame & Grate to Finished Grade 23 EA 775.00 $17,825.00 965.00 $22,195.00 750.00 $17,250.00 600.00 $13,800.00 1121 Replace Existing Catch Basin Frame & Grate with ADA Frame & Grate 3 EA 1,350.00 $4,050.00 1,300.00 $3,900.00 1,035.00 $3,105.00 900.00 $2,700.00 1122 Replace Existing Catch Basin Frame & Grate with ADA Locking Frame & Grate 1 EA 1,350.00 $1,350.00 1,300.00 $1,300.00 1,035.00 $1,035.00 900.00 $900.00 1125 Install New Riser for Monument's Case & Cover to Finished Grade 46 EA 450.00 $20,700.00 940.00 $43,240.00 560.00 $25,760.00 450.00 $20,700.00 1126 Non-skid Type 1 Junction Box Frame & Cover 2 EA 702.00 $1,404.00 660.00 $1,320.00 600.00 $1,200.00 660.00 $1,320.00 1127 Remove & Relocate Existing Sign 3 EA 500.00 $1,500.00 300.00 $900.00 250.00 $750.00 200.00 $600.00 1129 * Permanent Signing Including Post 17 SF 150.00 $2,550.00 78.00 $1,326.00 50.00 $850.00 83.00 $1,411.00 1130 Mailbox Support, Type 2 1 EA 4,000.00 $4,000.00 550.00 $550.00 250.00 $250.00 3,220.00 $3,220.00 1400 * Topsoil Type A 150 CY 90.00 $13,500.00 85.50 $12,825.00 75.00 $11,250.00 130.00 $19,500.00 1405 * Hand Seeding 800 SY 6.00 $4,800.00 4.00 $3,200.00 10.00 $8,000.00 8.00 $6,400.00 1234 10.A.a Packet Pg. 197 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM Miles Resources, LLC Tucci & Sons Inc. Lakeside Industries ICON Materials 400 Valley Ave. NE 4224 Waller Rd. 18808 SE 257th St. 1508 Valentine Ave. SE Puyallup, WA 98372 Tacoma, WA 98443-1623 Covington, WA 98042 Pacific, WA 98047-2103 TOTAL $3,227,355.00 $3,591,485.00 $3,606,150.50 $3,678,517.40 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 1500 Traffic Control Labor 3,500 HR 61.00 $213,500.00 61.25 $214,375.00 67.00 $234,500.00 63.00 $220,500.00 1505 Traffic Control Supervisor 950 HR 90.00 $85,500.00 110.00 $104,500.00 77.00 $73,150.00 80.00 $76,000.00 1510 Temporary Traffic Control Devices 1 LS 11,000.00 $11,000.00 5,700.00 $5,700.00 75,000.00 $75,000.00 25,000.00 $25,000.00 1515 Portable Changeable Message Sign (PCMS) 300 DAY 90.00 $27,000.00 85.00 $25,500.00 78.00 $23,400.00 68.00 $20,400.00 1520 Sequential Arrow Sign (SAS) 150 DAY 44.00 $6,600.00 45.00 $6,750.00 25.00 $3,750.00 18.00 $2,700.00 1525 Removing Plastic Crosswalk Line 350 SF 3.50 $1,225.00 4.40 $1,540.00 3.00 $1,050.00 3.50 $1,225.00 1530 Single Solid Plastic Edge Line 7,250 LF 1.75 $12,687.50 1.70 $12,325.00 1.50 $10,875.00 1.70 $12,325.00 1535 * Profiled Plastic Double Yellow Centerline 2,500 LF 5.50 $13,750.00 5.15 $12,875.00 4.65 $11,625.00 5.25 $13,125.00 1560 * Plastic Crosswalk Line 520 SF 6.00 $3,120.00 7.50 $3,900.00 5.15 $2,678.00 5.50 $2,860.00 1565 * Plastic Stop Line (24 inch wide) 110 LF 9.50 $1,045.00 13.20 $1,452.00 8.00 $880.00 9.00 $990.00 1700 * Inlet Protection 75 EA 80.00 $6,000.00 87.00 $6,525.00 100.00 $7,500.00 62.00 $4,650.00 1705 ESC Lead 250 HR 5.00 $1,250.00 3.65 $912.50 10.00 $2,500.00 13.00 $3,250.00 1710 Street Cleaning 200 HR 174.00 $34,800.00 165.00 $33,000.00 150.00 $30,000.00 165.00 $33,000.00 1715 SPCC Plan 1 LS 500.00 $500.00 300.00 $300.00 5,000.00 $5,000.00 1,600.00 $1,600.00 1720 Temporary Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 1900 Minor Changes 1 CALC 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 1905 Asphalt Interlay Fabric 23,500 SY 3.00 $70,500.00 3.00 $70,500.00 2.60 $61,100.00 2.87 $67,445.00 1910 PG Tack for Pavement Reinforcement 4,700 GAL 0.25 $1,175.00 0.30 $1,410.00 0.25 $1,175.00 7.85 $36,895.00 SCHEDULE I TOTAL $1,984,061.50 $2,119,755.50 $2,177,161.00 $2,212,380.40 SCHEDULE II: B&O 2000 Mobilization 1 LS 60,000.00 $60,000.00 40,000.00 $40,000.00 185,000.00 $185,000.00 140,000.00 $140,000.00 2005 * Saw Cut Existing Asphalt Concrete Pavement 550 LF 5.75 $3,162.50 2.20 $1,210.00 4.00 $2,200.00 4.30 $2,365.00 2010 * Roadway Excavation Incl. Haul 50 CY 80.00 $4,000.00 48.00 $2,400.00 35.00 $1,750.00 40.00 $2,000.00 2015 * Unsuitable Foundation Excavation Incl. Haul 10 CY 80.00 $800.00 88.00 $880.00 35.00 $350.00 40.00 $400.00 2020 * Remove Existing Asphalt Concrete Pavement 110 SY 19.00 $2,090.00 26.00 $2,860.00 15.15 $1,666.50 59.00 $6,490.00 2025 * Remove Cement Concrete Sidewalk 350 SY 67.00 $23,450.00 78.00 $27,300.00 17.30 $6,055.00 70.00 $24,500.00 2030 * Remove Cement Concrete Curb & Gutter 500 LF 6.00 $3,000.00 3.00 $1,500.00 12.95 $6,475.00 18.00 $9,000.00 2040 * Gravel Borrow, Including Haul & Compaction 50 TON 75.00 $3,750.00 56.00 $2,800.00 35.00 $1,750.00 39.50 $1,975.00 2045 * Crushed Surfacing Top Course, 5/8 Inch Minus 50 TON 57.00 $2,850.00 105.00 $5,250.00 45.00 $2,250.00 40.00 $2,000.00 2050 Planing Bituminous Pavement, 2 Inch Thick 7,000 SY 3.25 $22,750.00 4.70 $32,900.00 4.00 $28,000.00 4.25 $29,750.00 2051 Planing Bituminous Pavement, 4 Inch Thick 15,000 SY 4.50 $67,500.00 7.00 $105,000.00 5.00 $75,000.00 6.25 $93,750.00 2055 HMA Class 1/2", PG 58V-22 5,100 TON 90.00 $459,000.00 100.00 $510,000.00 87.50 $446,250.00 100.00 $510,000.00 2060 Asphalt Cost Price Adjustment 1 CALC 25,500.00 $25,500.00 25,500.00 $25,500.00 25,500.00 $25,500.00 25,500.00 $25,500.00 2065 * Cement Concrete Sidewalk 180 SY 64.00 $11,520.00 74.00 $13,320.00 56.45 $10,161.00 42.00 $7,560.00 2070 Cement Concrete Sidewalk Ramp Type Parallel A 6 EA 1,750.00 $10,500.00 2,600.00 $15,600.00 2,060.00 $12,360.00 1,870.00 $11,220.00 2075 Cement Concrete Sidewalk Ramp Type Parallel B 2 EA 1,750.00 $3,500.00 2,650.00 $5,300.00 1,815.00 $3,630.00 1,950.00 $3,900.00 2080 Cement Concrete Sidewalk Ramp Type Single Direction A 1 EA 2,200.00 $2,200.00 3,100.00 $3,100.00 2,090.00 $2,090.00 1,950.00 $1,950.00 2085 Cement Concrete Sidewalk Ramp Type Combination 1 EA 1,750.00 $1,750.00 2,700.00 $2,700.00 2,165.00 $2,165.00 2,650.00 $2,650.00 2090 * Cement Concrete Curb & Gutter 500 LF 30.00 $15,000.00 28.00 $14,000.00 40.85 $20,425.00 40.00 $20,000.00 2095 * Pedestrian Curb 220 LF 30.00 $6,600.00 28.00 $6,160.00 38.05 $8,371.00 13.00 $2,860.00 2111 Replace Existing Rectangular Frame & Cover with Round Frame & Cover 11 EA 920.00 $10,120.00 1,370.00 $15,070.00 1,240.00 $13,640.00 1,300.00 $14,300.00 10.A.a Packet Pg. 198 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM Miles Resources, LLC Tucci & Sons Inc. Lakeside Industries ICON Materials 400 Valley Ave. NE 4224 Waller Rd. 18808 SE 257th St. 1508 Valentine Ave. SE Puyallup, WA 98372 Tacoma, WA 98443-1623 Covington, WA 98042 Pacific, WA 98047-2103 TOTAL $3,227,355.00 $3,591,485.00 $3,606,150.50 $3,678,517.40 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 2120 Adjust Existing Catch Basin Frame & Grate to Finished Grade 29 EA 575.00 $16,675.00 965.00 $27,985.00 750.00 $21,750.00 1,000.00 $29,000.00 2125 Install New Riser for Monument's Case & Cover to Finished Grade 6 EA 775.00 $4,650.00 940.00 $5,640.00 560.00 $3,360.00 750.00 $4,500.00 2126 Non-skid Type 1 Junction Box Frame & Cover 2 EA 702.00 $1,404.00 660.00 $1,320.00 600.00 $1,200.00 660.00 $1,320.00 2127 Non-skid Type 3 Junction Box Frame & Cover 2 EA 2,106.00 $4,212.00 1,980.00 $3,960.00 1,800.00 $3,600.00 2,000.00 $4,000.00 2129 * Permanent Signing Including Post 70 SF 150.00 $10,500.00 78.00 $5,460.00 50.00 $3,500.00 83.00 $5,810.00 2400 * Topsoil Type A 20 CY 90.00 $1,800.00 85.50 $1,710.00 75.00 $1,500.00 130.00 $2,600.00 2405 * Hand Seeding 30 SY 6.00 $180.00 4.00 $120.00 10.00 $300.00 8.00 $240.00 2410 Remove Existing Landscape Tree 31 EA 225.00 $6,975.00 3,300.00 $102,300.00 1,000.00 $31,000.00 1,600.00 $49,600.00 2500 Traffic Control Labor 2,000 HR 61.00 $122,000.00 61.25 $122,500.00 67.00 $134,000.00 63.00 $126,000.00 2505 Traffic Control Supervisor 700 HR 90.00 $63,000.00 110.00 $77,000.00 77.00 $53,900.00 80.00 $56,000.00 2510 Temporary Traffic Control Devices 1 LS 4,000.00 $4,000.00 4,000.00 $4,000.00 65,000.00 $65,000.00 25,000.00 $25,000.00 2515 Portable Changeable Message Sign (PCMS) 150 DAY 90.00 $13,500.00 85.00 $12,750.00 78.00 $11,700.00 68.00 $10,200.00 2520 Sequential Arrow Sign (SAS) 150 DAY 44.00 $6,600.00 45.00 $6,750.00 25.00 $3,750.00 18.00 $2,700.00 2522 Uniformed Off-Duty Police Officers 600 HR 100.00 $60,000.00 130.00 $78,000.00 115.00 $69,000.00 92.00 $55,200.00 2535 * Profiled Plastic Double Yellow Centerline 2,900 LF 5.50 $15,950.00 5.15 $14,935.00 4.65 $13,485.00 5.25 $15,225.00 2540 Profiled Plastic Skip Lane Line 7,000 LF 1.00 $7,000.00 1.25 $8,750.00 0.75 $5,250.00 0.84 $5,880.00 2545 Profiled Plastic TWLTL Line 2,500 LF 4.25 $10,625.00 5.15 $12,875.00 3.65 $9,125.00 4.00 $10,000.00 2550 Solid Plastic Wide Lane Line 430 LF 4.00 $1,720.00 6.25 $2,687.50 3.45 $1,483.50 4.00 $1,720.00 2560 * Plastic Crosswalk Line 2,050 SF 6.00 $12,300.00 7.50 $15,375.00 5.15 $10,557.50 5.50 $11,275.00 2565 * Plastic Stop Line (24 inch Wide) 300 LF 9.50 $2,850.00 13.20 $3,960.00 8.00 $2,400.00 9.00 $2,700.00 2570 Plastic Traffic Arrow 12 EA 290.00 $3,480.00 195.00 $2,340.00 245.00 $2,940.00 275.00 $3,300.00 2615 6' Diameter Traffic Loop 70 EA 880.00 $61,600.00 825.00 $57,750.00 750.00 $52,500.00 850.00 $59,500.00 2620 Additional Lead-In Wire 500 LF 2.50 $1,250.00 2.20 $1,100.00 2.00 $1,000.00 2.25 $1,125.00 2700 * Inlet Protection 31 EA 80.00 $2,480.00 87.00 $2,697.00 100.00 $3,100.00 62.00 $1,922.00 2705 ESC Lead 100 HR 5.00 $500.00 3.65 $365.00 10.00 $1,000.00 13.00 $1,300.00 2710 Street Cleaning 250 HR 174.00 $43,500.00 165.00 $41,250.00 150.00 $37,500.00 165.00 $41,250.00 2715 SPCC Plan 1 LS 500.00 $500.00 300.00 $300.00 5,000.00 $5,000.00 1,600.00 $1,600.00 2720 Temporary Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 2900 Minor Changes 1 CALC 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 SCHEDULE II TOTAL $1,243,293.50 $1,471,729.50 $1,428,989.50 $1,466,137.00 SUMMARY: SCHEDULE I TOTAL $1,984,061.50 $2,119,755.50 $2,177,161.00 $2,212,380.40 SCHEDULE II TOTAL $1,243,293.50 $1,471,729.50 $1,428,989.50 $1,466,137.00 CONSTRUCTION CONTRACT TOTAL $3,227,355.00 $3,591,485.00 $3,606,150.50 $3,678,517.40 10.A.a Packet Pg. 199 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE I: RESIDENTIAL 1000 Mobilization 1 LS 1005 * Saw Cut Existing Asphalt Concrete Pavement 2,700 LF 1010 * Roadway Excavation Incl. Haul 170 CY 1015 * Unsuitable Foundation Excavation Incl. Haul 50 CY 1020 * Remove Existing Asphalt Concrete Pavement 520 SY 1025 * Remove Cement Concrete Sidewalk 1,500 SY 1030 * Remove Cement Concrete Curb and Gutter 2,300 LF 1040 * Gravel Borrow, Including Haul & Compaction 50 TON 1045 * Crushed Surfacing Top Course, 5/8 Inch Minus 250 TON 1050 Planing Bituminous Pavement, 2 Inch Thick 22,000 SY 1055 HMA Class 1/2", PG 58V-22 6,600 TON 1060 Asphalt Cost Price Adjustment 1 CALC 1062 Speed Cushion 2 EA 1065 * Cement Concrete Sidewalk 400 SY 1070 Cement Concrete Sidewalk Ramp Type Parallel A 37 EA 1075 Cement Concrete Sidewalk Ramp Type Parallel B 3 EA 1080 Cement Concrete Sidewalk Ramp Type Single Direction A 3EA 1085 Cement Concrete Sidewalk Ramp Type Combination 17 EA 1086 Cement Concrete Sidewalk Ramp Type Single Combination 8EA 1090 * Cement Concrete Curb & Gutter 2,300 LF 1095 * Pedestrian Curb 1,200 LF 1096 Detectable Warning Surface 50 SF 1097 Directional Striping 25 LF 1105 Replace Existing Valve Box Top Section & Lid to Finished Grade 29 EA 1110 Replace Existing Manhole Frame & Cover to Finished Grade 45 EA 1111 Replace Existing Rectangular Frame & Cover with Round Frame & Cover 4EA 1120 Adjust Existing Catch Basin Frame & Grate to Finished Grade 23 EA 1121 Replace Existing Catch Basin Frame & Grate with ADA Frame & Grate 3EA 1122 Replace Existing Catch Basin Frame & Grate with ADA Locking Frame & Grate 1EA 1125 Install New Riser for Monument's Case & Cover to Finished Grade 46 EA 1126 Non-skid Type 1 Junction Box Frame & Cover 2 EA 1127 Remove & Relocate Existing Sign 3 EA 1129 * Permanent Signing Including Post 17 SF 1130 Mailbox Support, Type 2 1 EA 1400 * Topsoil Type A 150 CY 1405 * Hand Seeding 800 SY Scarsella Bros., Inc. Engineer's Estimate PO Box 68697 Drew Holcomb Seattle, WA 98168 $3,722,591.50 $3,959,820.00 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 210,000.00 $210,000.00 210,000.00 $210,000.00 4.00 $10,800.00 4.00 $10,800.00 35.00 $5,950.00 80.00 $13,600.00 35.00 $1,750.00 100.00 $5,000.00 15.15 $7,878.00 30.00 $15,600.00 17.30 $25,950.00 45.00 $67,500.00 12.95 $29,785.00 16.00 $36,800.00 35.00 $1,750.00 60.00 $3,000.00 45.00 $11,250.00 60.00 $15,000.00 5.25 $115,500.00 7.00 $154,000.00 100.00 $660,000.00 100.00 $660,000.00 33,000.00 $33,000.00 33,000.00 $33,000.00 3,000.00 $6,000.00 5,000.00 $10,000.00 59.95 $23,980.00 60.00 $24,000.00 2,185.00 $80,845.00 2,500.00 $92,500.00 1,915.00 $5,745.00 2,000.00 $6,000.00 2,220.00 $6,660.00 1,800.00 $5,400.00 2,300.00 $39,100.00 2,500.00 $42,500.00 2,270.00 $18,160.00 1,800.00 $14,400.00 43.65 $100,395.00 55.00 $126,500.00 40.55 $48,660.00 25.00 $30,000.00 80.00 $4,000.00 80.00 $4,000.00 250.00 $6,250.00 70.00 $1,750.00 560.00 $16,240.00 750.00 $21,750.00 1,340.00 $60,300.00 1,000.00 $45,000.00 1,240.00 $4,960.00 1,000.00 $4,000.00 750.00 $17,250.00 600.00 $13,800.00 1,035.00 $3,105.00 1,500.00 $4,500.00 1,035.00 $1,035.00 1,500.00 $1,500.00 560.00 $25,760.00 450.00 $20,700.00 600.00 $1,200.00 1,500.00 $3,000.00 500.00 $1,500.00 300.00 $900.00 60.00 $1,020.00 150.00 $2,550.00 1,000.00 $1,000.00 1,200.00 $1,200.00 75.00 $11,250.00 100.00 $15,000.00 2.25 $1,800.00 15.00 $12,000.00 5 10.A.a Packet Pg. 200 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 1500 Traffic Control Labor 3,500 HR 1505 Traffic Control Supervisor 950 HR 1510 Temporary Traffic Control Devices 1 LS 1515 Portable Changeable Message Sign (PCMS) 300 DAY 1520 Sequential Arrow Sign (SAS) 150 DAY 1525 Removing Plastic Crosswalk Line 350 SF 1530 Single Solid Plastic Edge Line 7,250 LF 1535 * Profiled Plastic Double Yellow Centerline 2,500 LF 1560 * Plastic Crosswalk Line 520 SF 1565 * Plastic Stop Line (24 inch wide) 110 LF 1700 * Inlet Protection 75 EA 1705 ESC Lead 250 HR 1710 Street Cleaning 200 HR 1715 SPCC Plan 1 LS 1720 Temporary Erosion/Water Pollution Control 1 FA 1900 Minor Changes 1 CALC 1905 Asphalt Interlay Fabric 23,500 SY 1910 PG Tack for Pavement Reinforcement 4,700 GAL SCHEDULE I TOTAL SCHEDULE II: B&O 2000 Mobilization 1 LS 2005 * Saw Cut Existing Asphalt Concrete Pavement 550 LF 2010 * Roadway Excavation Incl. Haul 50 CY 2015 * Unsuitable Foundation Excavation Incl. Haul 10 CY 2020 * Remove Existing Asphalt Concrete Pavement 110 SY 2025 * Remove Cement Concrete Sidewalk 350 SY 2030 * Remove Cement Concrete Curb & Gutter 500 LF 2040 * Gravel Borrow, Including Haul & Compaction 50 TON 2045 * Crushed Surfacing Top Course, 5/8 Inch Minus 50 TON 2050 Planing Bituminous Pavement, 2 Inch Thick 7,000 SY 2051 Planing Bituminous Pavement, 4 Inch Thick 15,000 SY 2055 HMA Class 1/2", PG 58V-22 5,100 TON 2060 Asphalt Cost Price Adjustment 1 CALC 2065 * Cement Concrete Sidewalk 180 SY 2070 Cement Concrete Sidewalk Ramp Type Parallel A 6 EA 2075 Cement Concrete Sidewalk Ramp Type Parallel B 2 EA 2080 Cement Concrete Sidewalk Ramp Type Single Direction A 1EA 2085 Cement Concrete Sidewalk Ramp Type Combination 1 EA 2090 * Cement Concrete Curb & Gutter 500 LF 2095 * Pedestrian Curb 220 LF 2111 Replace Existing Rectangular Frame & Cover with Round Frame & Cover 11 EA Scarsella Bros., Inc. Engineer's Estimate PO Box 68697 Drew Holcomb Seattle, WA 98168 $3,722,591.50 $3,959,820.00 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 60.65 $212,275.00 65.00 $227,500.00 81.45 $77,377.50 80.00 $76,000.00 136,467.00 $136,467.00 5,000.00 $5,000.00 75.00 $22,500.00 80.00 $24,000.00 30.00 $4,500.00 40.00 $6,000.00 3.00 $1,050.00 8.00 $2,800.00 1.50 $10,875.00 5.00 $36,250.00 4.65 $11,625.00 8.00 $20,000.00 4.75 $2,470.00 8.00 $4,160.00 8.00 $880.00 10.00 $1,100.00 125.00 $9,375.00 120.00 $9,000.00 75.00 $18,750.00 50.00 $12,500.00 175.00 $35,000.00 150.00 $30,000.00 2,500.00 $2,500.00 1,700.00 $1,700.00 10,000.00 $10,000.00 10,000.00 $10,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 2.60 $61,100.00 3.00 $70,500.00 7.10 $33,370.00 6.00 $28,200.00 $2,264,942.50 $2,306,960.00 120,000.00 $120,000.00 151,000.00 $151,000.00 4.00 $2,200.00 4.00 $2,200.00 35.00 $1,750.00 80.00 $4,000.00 35.00 $350.00 100.00 $1,000.00 15.15 $1,666.50 30.00 $3,300.00 17.30 $6,055.00 45.00 $15,750.00 12.95 $6,475.00 16.00 $8,000.00 35.00 $1,750.00 60.00 $3,000.00 45.00 $2,250.00 60.00 $3,000.00 5.25 $36,750.00 7.00 $49,000.00 5.75 $86,250.00 9.00 $135,000.00 90.60 $462,060.00 100.00 $510,000.00 25,500.00 $25,500.00 25,500.00 $25,500.00 59.95 $10,791.00 60.00 $10,800.00 2,185.00 $13,110.00 2,500.00 $15,000.00 1,915.00 $3,830.00 2,000.00 $4,000.00 2,220.00 $2,220.00 1,800.00 $1,800.00 2,300.00 $2,300.00 1,800.00 $1,800.00 43.65 $21,825.00 55.00 $27,500.00 40.55 $8,921.00 25.00 $5,500.00 1,240.00 $13,640.00 1,000.00 $11,000.00 10.A.a Packet Pg. 201 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 2019 Asphalt Overlays Bid Opening: March 12, 2019, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 2120 Adjust Existing Catch Basin Frame & Grate to Finished Grade 29 EA 2125 Install New Riser for Monument's Case & Cover to Finished Grade 6EA 2126 Non-skid Type 1 Junction Box Frame & Cover 2 EA 2127 Non-skid Type 3 Junction Box Frame & Cover 2 EA 2129 * Permanent Signing Including Post 70 SF 2400 * Topsoil Type A 20 CY 2405 * Hand Seeding 30 SY 2410 Remove Existing Landscape Tree 31 EA 2500 Traffic Control Labor 2,000 HR 2505 Traffic Control Supervisor 700 HR 2510 Temporary Traffic Control Devices 1 LS 2515 Portable Changeable Message Sign (PCMS) 150 DAY 2520 Sequential Arrow Sign (SAS) 150 DAY 2522 Uniformed Off-Duty Police Officers 600 HR 2535 * Profiled Plastic Double Yellow Centerline 2,900 LF 2540 Profiled Plastic Skip Lane Line 7,000 LF 2545 Profiled Plastic TWLTL Line 2,500 LF 2550 Solid Plastic Wide Lane Line 430 LF 2560 * Plastic Crosswalk Line 2,050 SF 2565 * Plastic Stop Line (24 inch Wide) 300 LF 2570 Plastic Traffic Arrow 12 EA 2615 6' Diameter Traffic Loop 70 EA 2620 Additional Lead-In Wire 500 LF 2700 * Inlet Protection 31 EA 2705 ESC Lead 100 HR 2710 Street Cleaning 250 HR 2715 SPCC Plan 1 LS 2720 Temporary Erosion/Water Pollution Control 1 FA 2900 Minor Changes 1 CALC SCHEDULE II TOTAL SUMMARY: SCHEDULE I TOTAL SCHEDULE II TOTAL CONSTRUCTION CONTRACT TOTAL Scarsella Bros., Inc. Engineer's Estimate PO Box 68697 Drew Holcomb Seattle, WA 98168 $3,722,591.50 $3,959,820.00 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 750.00 $21,750.00 600.00 $17,400.00 560.00 $3,360.00 450.00 $2,700.00 600.00 $1,200.00 1,500.00 $3,000.00 1,800.00 $3,600.00 3,000.00 $6,000.00 60.00 $4,200.00 150.00 $10,500.00 75.00 $1,500.00 100.00 $2,000.00 2.25 $67.50 15.00 $450.00 200.00 $6,200.00 1,000.00 $31,000.00 60.65 $121,300.00 65.00 $130,000.00 81.45 $57,015.00 80.00 $56,000.00 136,467.00 $136,467.00 10,000.00 $10,000.00 75.00 $11,250.00 80.00 $12,000.00 30.00 $4,500.00 40.00 $6,000.00 125.00 $75,000.00 120.00 $72,000.00 4.65 $13,485.00 8.00 $23,200.00 0.75 $5,250.00 8.00 $56,000.00 3.65 $9,125.00 8.00 $20,000.00 3.45 $1,483.50 8.00 $3,440.00 4.75 $9,737.50 8.00 $16,400.00 8.00 $2,400.00 10.00 $3,000.00 245.00 $2,940.00 200.00 $2,400.00 750.00 $52,500.00 1,500.00 $105,000.00 2.00 $1,000.00 5.00 $2,500.00 125.00 $3,875.00 120.00 $3,720.00 75.00 $7,500.00 60.00 $6,000.00 175.00 $43,750.00 150.00 $37,500.00 2,500.00 $2,500.00 1,500.00 $1,500.00 10,000.00 $10,000.00 10,000.00 $10,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 $1,457,649.00 $1,652,860.00 $2,264,942.50 $2,306,960.00 $1,457,649.00 $1,652,860.00 $3,722,591.50 $3,959,820.00 10.A.a Packet Pg. 202 At t a c h m e n t : E x h i b i t A 2 0 1 9 A s p h a l t O v e r l a y s B i d T a b ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) 10.A.b Packet Pg. 203 At t a c h m e n t : E x h i b i t B 2 0 1 9 A s p h a l t O v e r l a y s M a p ( 1 6 7 0 : 2 0 1 9 A s p h a l t O v e r l a y s - A w a r d ) DATE: March 19, 2019 TO: Kent City Council SUBJECT: 2019 Sanitary Sewer CIPP Lining - Award MOTION: Award the 2019 Sanitary Sewer Cast in Place Pipe Liner System Project to Insituform Technologies, LLC, in the amount of $1,078,110, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project will rehabilitate approximately 12,400 linear feet of sanitary sewer main in the Linda Heights neighborhood of West Hill. The pipe rehabilitation will be completed by utilizing a cast-in-place pipe liner system that minimizes construction costs and impacts while providing the necessary sewer capacity to meet the needs of the neighborhood. The bid opening for the 2019 Sanitary Sewer Cast in Place Pipe Liner System Project was held on March 12, 2019, with three bids received. The lowest responsible and responsive bid was submitted by Insituform Technologies, LLC in the amount of $1,078,110. Bid Tab Summary 01. Insituform Technologies, LLC $1,078,110.00 02. Allied Trenchless $1,306,470.00 03. Michels Corporation $1,352,586.40 Engineer's Estimate $974,270.00 BUDGET IMPACT: The project will be paid for out of the Sanitary Sewer Fund. ATTACHMENTS: 1. Exhibit 2019 Sanitary Sewer CIPP Lining Bid Tab (PDF) 10.B Packet Pg. 204 2019 Sanitary Sewer CIPP Lining Bid Opening: March 12, 2019, 10:00 AM Insituform Technologies, LLC Allied Trenchless Michels Corporation Engineer's Estimate 17988 Edison Ave. 2131 W. Wenatchee Ave. 1715 16th St. SE Thomas Leyrer Chesterfield, MO 63005 Wenatchee, WA 98801 Salem, OR 97302 TOTAL $1,078,110.00 $1,306,470.00 $1,352,586.40 $974,270.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1000 Mobilization 1 LS 19,527.00 $19,527.00 70,000.00 $70,000.00 54,741.00 $54,741.00 66,000.00 $66,000.00 1005 Clearing and Grubbing 1 LS 5,404.00 $5,404.00 7,000.00 $7,000.00 9,685.00 $9,685.00 10,000.00 $10,000.00 1010 Health and Safety Plan 1 LS 540.00 $540.00 1,500.00 $1,500.00 624.00 $624.00 2,000.00 $2,000.00 1015 SPCC Plan 1 LS 1,081.00 $1,081.00 1,500.00 $1,500.00 624.00 $624.00 1,500.00 $1,500.00 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 320 TON 70.00 $22,400.00 160.00 $51,200.00 63.00 $20,160.00 35.00 $11,200.00 1265 Remove and Restore Fence 100 LF 38.00 $3,800.00 20.00 $2,000.00 47.00 $4,700.00 55.00 $5,500.00 1270 Temporary Fencing 200 LF 11.00 $2,200.00 20.00 $4,000.00 3.00 $600.00 15.00 $3,000.00 1355 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 3010 CIPP Liner Installation, 8 Inch Diameter 12,400 LF 56.00 $694,400.00 55.00 $682,000.00 64.00 $793,600.00 45.00 $558,000.00 3015 Reinstate Lateral Connection 330 EA 539.00 $177,870.00 750.00 $247,500.00 906.00 $298,980.00 550.00 $181,500.00 3020 Odor Control Plan 1 LS 540.00 $540.00 1,500.00 $1,500.00 4,000.00 $4,000.00 1,500.00 $1,500.00 3025 CIPP Repair Plan 1 LS 540.00 $540.00 1,500.00 $1,500.00 625.00 $625.00 1,500.00 $1,500.00 3030 CIPP Installation Plan 1 LS 540.00 $540.00 1,500.00 $1,500.00 625.00 $625.00 1,500.00 $1,500.00 3035 As-Built Records 1 LS 811.00 $811.00 10,000.00 $10,000.00 1,250.00 $1,250.00 1,000.00 $1,000.00 3040 Tree, Vegetation, and Soil Protection Plan 1 LS 1,621.00 $1,621.00 1,500.00 $1,500.00 1,250.00 $1,250.00 1,500.00 $1,500.00 5000 Project Temporary Traffic Control 1 LS 31,124.00 $31,124.00 80,000.00 $80,000.00 17,900.00 $17,900.00 15,000.00 $15,000.00 7000 Surface Restoration 1 LS 2,702.00 $2,702.00 10,000.00 $10,000.00 5,260.00 $5,260.00 10,000.00 $10,000.00 7055 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 SUB TOTAL $980,100.00 $1,187,700.00 $1,229,624.00 $885,700.00 10% SALES TAX $98,010.00 $118,770.00 $122,962.40 $88,570.00 CONSTRUCTION CONTRACT TOTAL $1,078,110.00 $1,306,470.00 $1,352,586.40 $974,270.00 123 10.B.a Packet Pg. 205 At t a c h m e n t : E x h i b i t 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g B i d T a b ( 1 6 7 1 : 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g -