Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/04/2018 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Public Works Administration at 253 -856-5500, or email Cheryl Viseth at CViseth@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Public Works Committee Agenda Chair - Dennis Higgins Councilmembers - Brenda Fincher, Toni Troutner Tim LaPorte, PE Monday, June 4, 2018 4:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair Higgins 01 MIN. 2. Roll Call Chair Higgins 01 MIN. 3. Changes to the Agenda Chair Higgins 01 MIN. 4. Approval of Minutes dated May 21, 2018 YES 5. Department of Ecology Waste 2 Resources Grant - Recommend YES Tony Donati 05 MIN. 6. Puget Sound Gateway Memorandum of Understanding - Recommend YES Kelly Peterson 05 MIN. 7. Parking Ordinance Update - Info Only NO Kelly Peterson 05 MIN. 8. Consultant Services Agreement for 2018 Visual Pavement Condition Survey - Recommend YES Joseph Araucto 05 MIN. 9. 2019-2023 B&O Overlay - Info Only NO Joe Araucto 10 MIN. 10. South 228th Street Right-of-Way Update - Info Only NO Tim LaPorte 05 MIN. 11. Quiet Zone Update - Info Only NO Chad Bieren 05 MIN. 12. Adjournment Chair Higgins 01 MIN. PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Approval of Minutes dated May 21, 2018 MOTION: Move to approve the Public Works Committee minutes dated May 21, 2018. ATTACHMENTS: 1. Minutes dated May 21 2018 (DOCX) 4 Packet Pg. 2 PUBLIC WORKS COMMITTEE May 21, 2018 Minutes City of Kent, WA Pending Approval Date: May 21, 2018 Time: 4:00 p.m. Place: Chambers East 1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee member Higgins. 2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda Fincher and Toni Troutner were present. Absent: N/A 3. Changes to the Agenda: Item 11 was added. In between items 6 and 7 there were two walk on items, one for Veterans Drive and the other for water flow on the West Hill 4. Approval of Minutes, Dated May 7, 2018 Committee member Troutner MOVED to approve the Minutes of May 7, 2018. The motion was SECONDED by Committee member Fincher. The motion PASSED 3-0. 5. Set Public Hearing Date for the Transportation Improvement Program (TIP) - Recommend April Delchamps, Senior Transportation Engineer noted that the Draft 2019-2024 Six-Year TIP represents the City’s proposed transportation improvement work program for the next six years. Per RCW 35.77.010, the six-year plan for each city shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region. The program is also required to be consistent with the Kent Comprehensive Plan. Including projects in the Six-Year TIP allows the City to search for funding partners and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in the City’s adopted Six-Year TIP. Committee member Fincher MOVED to recommend the Public Works Committee forward the Draft 2019-2024 Six-Year Transportation Improvement Program (TIP) to the city council and set a public hearing for June 6, 2018. The motion was SECONDED by Committee member Troutner. The motion PASSED 3-0. 4.a Packet Pg. 3 At t a c h m e n t : M i n u t e s d a t e d M a y 2 1 2 0 1 8 ( 1 2 5 5 : A p p r o v a l o f M i n u t e s d a t e d M a y 2 1 , 2 0 1 8 ) 6. Information Only/Quiet Zone Update Kelly Peterson, Transportation Manager, noted that he, Rob Brown and a member from the Parks Department spent a day last week with Burlington Northern Santa Fe Railroad staff looking at possible locations for fencing through downtown along the tracks. A State Safety grant application has been prepared to pay for the proposed fencing and sent off to Burlington Northern for concurrence. The meeting also included discussions about a broader range of improvements for the Quiet Zone and also a railroad repair on 84th Avenue S near 212th that we are trying to get Burlington Northern to complete. 6B. Information Only - Veterans Drive Extension Under I-5 Kelly Peterson, Transportation Manager noted that the Connecting Washington Gateway Package of 2015 includes SR 167 & SR 509. The Legislature stated that of the $1.89 million for the project they wanted $130 million contributed from King and Pierce county agencies. There is a Memorandum of Understanding (MOU) among the local agencies that identifies who will be contributing for each Stage. This will include Veterans Drive. The MOU is to be in place by July 1, 2018 and will be brought to the Committee and Council for approval. There will be an individual Local Agency Agreement between each jurisdiction in the State. The City is to contribute two million but has not yet identified the source for the funds. Staff is currently looking for grants to help out. 6C. Information Only - Cambridge Water Tank Sean Bauer, Water System Manager notes that the Cambridge Water Tank Re-Coating Project on the west hill will require that the water tank be taken off-line for a period of time for recoating purposes. The west hill is unique in that we do not have any sources on the west hill; it is pumped up the hill from across the valley. We have the opportunity to utilize the inter-tie we have with Highline Water District to supply water when the need arises. Work will begin June 11th and the tank will go off-line at the beginning of August. The inter-tie agreement states that we will pay the advertised rate at the time of use. Last time this tank was recoated was 1990-1991. 7. Information Only - 228th Street Corridor Union Pacific Railroad Overpass Update on the Right of Way Acquisition Tim LaPorte, Public Works Director, noted that staff is still working on acquiring the last property which is Pacific Power. Once acquired then we go through the right of way certification process which is needed to get approval to advertise from WSDOT. 8. Information Only – Residential Pavement Preservation Mike Almaroof, Engineering Technician II and Joe Araucto, Utility Engineer presented the future work plan for the residential pavement preservation program. This work is funded from the solid waste utility tax. A few of the streets included in the 2018 overlay plan have been moved to the 2019 work plan. 9. Information Only – June 2 Recycling Event Tony Donati, Assistant Solid Waste Coordinator noted that the Spring TeamUp2CleanUp was held on May 12, 2018 from 9:00 a.m. - Noon. Once again, we partnered with the Kent Downtown Partnership, Kent Station, and Republic Services. In addition to our usual activities to promote the event, we have reached out to thirty of our largest employers and all the local high schools to encourage them to form teams to help us keep Kent beautiful. There was a record turnout of 102 volunteers, representation from all four high schools, a couple middle schools and Green River Community College. There was a total of 300 volunteer hours and we collected 8,500 pounds of litter off of our streets and trails. 4.a Packet Pg. 4 At t a c h m e n t : M i n u t e s d a t e d M a y 2 1 2 0 1 8 ( 1 2 5 5 : A p p r o v a l o f M i n u t e s d a t e d M a y 2 1 , 2 0 1 8 ) Special thanks to our partners; the Doorman Services, Kent Downtown Partnership, Kent Station, Republic Services, Golden Steer and Kent Lions Club. Summer Recycling Collection Event will be held Saturday, June 2 at the Kent Phoenix Academy from 9:00 a.m. to 3:00 p.m. Residents of Kent and King County can bring in their hard to recycle items such as: mattresses, documents for shredding, scrap metal, concrete, appliances, and propane tanks. The event is funded by the King County Waste Reduction & Recycling Grant and the Local Hazardous Waste Management Program Grant. 10. Information Only/Public Works Week Jearl Williams, Streets Maintenance Worker and Kara Moore, Administrative Supervisor noted that the City of Kent will celebrate National Public Works Week at a free, open-to- the-public event on Thursday, May 31 from 10 a.m. – 3:30 p.m. at Accesso ShoWare Center. Adjournment: At 5:01 p.m., Committee Chair Higgins declared the meeting adjourned. Cheryl Viseth, Committee Secretary 4.a Packet Pg. 5 At t a c h m e n t : M i n u t e s d a t e d M a y 2 1 2 0 1 8 ( 1 2 5 5 : A p p r o v a l o f M i n u t e s d a t e d M a y 2 1 , 2 0 1 8 ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Department of Ecology Waste 2 Resources Grant - Recommend MOTION: Move to recommend Council authorize the Mayor to sign a Waste 2 Resources Local Solid Waste Financial Assistance Agreement with the Department of Ecology in the amount of $45,819.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This Grant funds Residential Waste Reduction and Recycling Programs including the Spring and Fall recycle events for collection of materials such as: appliances, scrap metal, electronic equipment, mattresses, Styrofoam, bulky yard debris and concrete. The Waste 2 Resources Local Solid Waste Financial Assistance Agreement (LSWFA) is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the “total eligible cost” for recycling events, which for Kent is $45,819.00. The remaining 25% ($15,273.00) must be paid by the local agency, and will be matched by the King County Waste Reduction and Recycling (WRR) Grant and the Local Hazardous Waste Management Program (LHWMP) Grant. BUDGET IMPACT: The City will receive from the Washington State Department of Ecology $45,819.00, distributed on a cost basis as tasks are completed. The required 25% match of $15,273.00 will come from the King County Waste Reduction and Recycling Grant and the Local Hazardous Waste Management Program Grant. SUPPORTS STRATEGIC PLAN GOAL: Innovation Government, Thriving Neighborhoods and Urban Centers ATTACHMENTS: 1. Waste 2 Resources Local Solid Waste Financial Assistance Agreement (PDF) 5 Packet Pg. 6 Agreement No. W2RLSWFA-1719-KentPW-00018 WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and CITY OF KENT, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2017-19 LSWFA City of Kent IMP GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: The RECIPIENT (City of Kent) will spend $61,092.00 on holding up to four (4) Recycle Collection Events, recycling an estimated 80 tons of mixed material and 2.3 tons of moderate-risk waste (MRW) from an expected participation of 1,700 residents, out of an estimated 54,000 contacts made. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. $179,993.00 $61,092.00 $45,819.00 $15,273.00 07/01/2017 06/30/2019 Planning/Implementation 5.a Packet Pg. 7 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 2 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: CITY OF KENT 91-6001254 000000000 220 Fourth Ave S Kent, WA 98032 220 Fourth Ave S Kent, Washington 98032 Tony Donati Assistant Conservation Coordinator 220 Fourth Ave S Kent, Washington 98032 Email: tdonati@kentwa.gov Phone: (253) 856-5589 Authorized Signatory Corey Frame Financial Analyst 220 Fourth Ave S Kent, Washington 98032 Email: cframe@kentwa.gov Phone: (253) 856-5589 Billing Contact Project Manager Authorized Signatory Tony Donati Assistant Conservation Coordinator 220 Fourth Ave S Kent, Washington 98032 Email: tdonati@kentwa.gov Phone: (253) 856-5589 tdonati@kentwa.gov Version 10/30/2015 5.a Packet Pg. 8 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 3 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT Contacts Project Manager Financial Manager Vicki Colgan 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 Vicki Colgan 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Waste 2 Resources 300 Desmond Drive SE Lacey, WA 98503 Version 10/30/2015 5.a Packet Pg. 9 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 4 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Waste 2 Resources Date Date CITY OF KENT Laurie Davies Assistant Conservation Coordinator Tony Donati By:By: Template Approved to Form by Attorney General's Office Program Manager Version 10/30/2015 5.a Packet Pg. 10 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 5 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT Mayor Date Dana Ralph Version 10/30/2015 5.a Packet Pg. 11 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 6 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT SCOPE OF WORK Task Number:1 Task Cost: $61,092.00 Task Title:Recycling Operations Task Description: Activity: Collection Events The RECIPIENT will spend $61,092.00 holding up to four (4) residential Recycle Collection events in a convenient city location for regular and hard-to-recycle items, including batteries, which are considered moderate-risk waste (MRW). Educational materials which describe how to reduce waste and recycle more using City-sponsored or private sector recycling programs, will also be distributed. These are popular and well-attended community events, and eligible for reimbursement from Local Solid Waste Financial Assistance (LSWFA.).The RECIPIENT will report program progress and expenditures for those quarters when eligible costs related to these events occur; and may charge user fees for some items or may drop user fees to increase volume of materials collected, crediting LSFWA for any revenue received from fees or commodity sales on items this Agreement is directly supporting. The RECIPIENT has contracted with a number of vendors to collect and properly recycle items at each event. LSWFA does not pay for disposal or cost covered by existing product stewardship programs (E-cycle Washington, LightRecycle Washington, etc.) or for any new product stewardship programs that are adopted during this Agreement period. Costs of membership in civic, business, and technical/ professional organizations are allowed when covered in the overhead rate. If the RECIPIENT does not charge overhead to this Task, they may be directly billed if pre-approved by ECOLOGY. The RECIPIENT will note a return to the requirement for ECOLOGY review before printing promotional or other materials to be paid for by monies granted under this Agreement. The full text of this requirement can be found in Proviso #18 under the General Terms and Conditions below. Task Goal Statement: To reduce waste going to the landfill and preventing environmental pollution by holding well-organized collection events. Task Expected Outcome: From up to four (4) collection events, the RECIPIENT expects to recycle an estimated 80 tons of mixed material and 2.3 tons of MRW (batteries) from approximately 1,700 resident participants out of making an estimated 54,000 contacts. Version 10/30/2015 5.a Packet Pg. 12 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 7 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT Recipient Task Coordinator: Tony Donati Deliverables Recycling Operations Number Description Due Date 1.1 Work as defined in the Scope of Work for this Agreement is implemented. 06/30/2019 Version 10/30/2015 5.a Packet Pg. 13 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 8 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT BUDGET Funding Distribution EG180452 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State State Building Construction Account (SBCA) 100% Local Solid Waste Financial Assistance Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 25% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: City of Kent IMP 07/01/2017 06/30/2019 Grant City of Kent IMP Task Total Recycling Operations 61,092.00$ 61,092.00$Total: Version 10/30/2015 5.a Packet Pg. 14 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 9 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%45,819.00 61,092.0015,273.0025.00City of Kent IMP Total $$15,273.00 45,819.00 $61,092.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal Version 10/30/2015 5.a Packet Pg. 15 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 10 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 5.a Packet Pg. 16 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 11 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1.ADMINISTRATIVE REQUIREMENTS a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2.AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3.ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: •For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. •For projects with any federal involvement, if required, comply with the National Historic Preservation Act. •Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: •Keep the IDP at the project site. •Make the IDP readily available to anyone working at the project site. •Discuss the IDP with staff and contractors working at the project site. •Implement the IDP when cultural resources or human remains are found at the project site. c)If any archeological or historic resources are found while conducting work under this Agreement: •Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d)If any human remains are found while conducting work under this Agreement: Version 10/30/2015 5.a Packet Pg. 17 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 12 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT •Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4.ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5.COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6.COMPENSATION a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7.COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 5.a Packet Pg. 18 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 13 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8.CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9.CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 10.DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a)RECIPIENT notifies the funding program of an appeal request. b)Appeal request must be in writing and state the disputed issue(s). c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d)ECOLOGY reviews the RECIPIENT’s appeal. e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11.ENVIRONMENTAL DATA STANDARDS a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10/30/2015 5.a Packet Pg. 19 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 14 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: •Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. •Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). •Submit the QAPP to ECOLOGY for review and approval before the start of the work. b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12.GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13.INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14.INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15.KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified Version 10/30/2015 5.a Packet Pg. 20 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 15 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT minority and women's businesses. d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17.ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18.PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19.PROGRESS REPORTING a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c)RECIPIENT shall use ECOLOGY’s provided progress report format. d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20.PROPERTY RIGHTS a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to Version 10/30/2015 5.a Packet Pg. 21 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 16 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT authorize others to use the same for federal, state, or local government purposes. b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21.RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a)Be kept in a manner which provides an audit trail for all expenditures. b)Be kept in a common file to facilitate audits and inspections. c)Clearly indicate total receipts and expenditures related to this Agreement. d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of Version 10/30/2015 5.a Packet Pg. 22 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 17 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22.RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23.SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24.STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25.SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26.SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, , https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 27.TERMINATION a)For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the Version 10/30/2015 5.a Packet Pg. 23 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 18 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b)For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c)By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d)In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work Version 10/30/2015 5.a Packet Pg. 24 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - Page 19 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: W2RLSWFA-1719-KentPW-00018 2017-19 LSWFA City of Kent IMP CITY OF KENT completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28.THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29.WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 5.a Packet Pg. 25 At t a c h m e n t : W a s t e 2 R e s o u r c e s L o c a l S o l i d W a s t e F i n a n c i a l A s s i s t a n c e A g r e e m e n t ( 1 2 6 1 : D e p a r t m e n t o f E c o l o g y W a s t e 2 R e s o u r c e s G r a n t - PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Puget Sound Gateway Memorandum of Understanding - Recommend MOTION: Move to recommend the Council authorize the Mayor to sign the Puget Sound Gateway Program Local Funding and Phasing Memorandum of Understanding, subject to terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2015, the Washington State Legislature passed the Connecting Washington transportation package. The package included $1.8 billion for construction of the SR 509 Freeway in Kent and SeaTac and the SR 167 Extension in Pierce County, as part of the Puget Sound Gateway Program. The Puget Sound Gateway financing includes a directive from the legislature requiring $130 million in local contributions to the SR 509 & SR 167 projects. The Mayor and staff have participated in multiple meetings with WSDOT and other affected local agencies in the development of the Puget Sound Gateway Local Funding and Phasing Memorandum of Understanding. This MOU identifies the framework of the $130 Million in local contributions to be provided for the project. The Kent Law Department has also reviewed the document. If approved by Council, and as noted in the MOU, an inter-local agreement between WSDOT and local agencies to formalize the agreed upon funding contributions will be developed. A final draft of the MOU is attached. If the expectation of $130 Million in local contributions is not fulfilled, local nexus projects such as the Veterans Drive Extension may not be constructed. Kent has been provisionally awarded federal funding through PSRC regional grants to help fund the Veterans Drive Extension. The WA legislature has requested that a signed MOU be submitted by July 1, 2018. BUDGET IMPACT: The proposed MOU asks for a city commitment of $2 million towards the construction of the project. The SR509 Gateway Program has two stages. Local contributions must be provided within the stage of construction for which the funds have been identified. The Veterans Drive Extension is included in Stage 1 (by 2025). The second million may be provided in stage 2 (by 2030) and 6 Packet Pg. 26 will be negotiated during development of the inter-local agreement. If stage 2 is able to be accelerated to provide a cost savings to the project, the 2030 date may be sooner. A funding source within the city has not been identified, and will need to be determined. SUPPORTS STRATEGIC PLAN GOAL: Authentic Connectivity and Communication ATTACHMENTS: 1. Puget Sound Gateway MOU (PDF) 6 Packet Pg. 27 RATIFICATION FINAL Funding and Phasing MOU 1 5/21/2018 Puget Sound Gateway Program SR 167 and SR 509 Completion Projects Local Funding and Phasing Memorandum of Understanding 1. Participating Parties In addition to the Washington State Department of Transportation (WSDOT), the following Local Agency Partners constitute those parties currently participating in this Memorandum of Understanding pertaining to the local contribution requirement for the Puget Sound Gateway Program (Gateway Program):  Port of Seattle  Port of Tacoma  King County  Pierce County  City of Algona  City of Auburn  City of Des Moines  City of Edgewood  City of Federal Way  City of Fife  City of Kent  City of Milton  City of Pacific  City of Puyallup  City of SeaTac  City of Sumner  City of Tacoma 2. Background and Purpose of MOU In July 2015, the Washington State Legislature and Governor Inslee acted to fund the Gateway Program through the Connecting Washington revenue package. The Gateway Program is comprised of two projects: the State Route 167 Completion Project and the State Route 509 Completion Project. These projects provide essential connections to the ports of Tacoma and Seattle and will help ensure that people and goods move more reliably through the Puget Sound region. WSDOT is the lead project sponsor and is responsible for the planning, design and construction of the Gateway Program, as well as for its overall financial management. The program has been guided from its beginning by a Joint SR 167/SR 509 Executive Committee (Executive Committee), comprised of elected and appointed representatives of local jurisdictions served by the Gateway Program (Algona, Auburn, Burien, Des Moines, Edgewood, Federal Way, Fife, Kent, Milton, Pacific, Puyallup, SeaTac, Sumner, Tacoma, King County, Pierce County, Port of Seattle, and Port of Tacoma) as well as Federal Highway Administration, Washington State Transportation Commission, Washington State Department of Transportation, Puget Sound Regional Council, Sound Transit, Pierce Transit, and the Freight Mobility Strategic Investment Board. Funding for the Gateway Program has been approved to come from the state gas tax, tolls, local contributions, and potential federal and state grants. Total funding for the Gateway Program, from the 2015 Connecting Washington transportation funding package, is $1.875 billion, which includes local contributions of $130 million. The program has been funded over a 16-year 6.a Packet Pg. 28 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 2 5/21/2018 timeline. Based on the legislative funding plan, major construction for a first stage would occur from 2019 through 2025, and a second stage from 2026 through 2030. Local contributions will be needed to construct both stage one and stage two projects. In the 2017 Legislative session new language was enacted (Engrossed Senate Bill 5096 § 306(20)(b)) requiring development of a Memorandum of Understanding (MOU) between the Local Agency Partners and WSDOT. The legislature directed that: The secretary of transportation must develop a memorandum of understanding with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds for the Puget Sound Gateway project. Criteria for eligibility of local match includes matching funds and equivalent in-kind contributions including, but not limited to, land donations. The memorandum of understanding must be finalized by July 1, 2018. The department must submit a copy of the memorandum of understanding to the transportation committees of the legislature and report regularly on the status. To this end, the Executive Committee of the Gateway Program convened a Funding and Phasing Subcommittee (Subcommittee) to develop a MOU that summarizes their planned future commitments and planned timing of those commitments to contribute to the SR 167 and SR 509 projects. The Subcommittee goals include:  Support efforts to build the Gateway projects on or ahead of schedule  Create successful local partnerships  Obtain sufficient local funding to build the Puget Sound Gateway projects  Time grant-funding projects to support the project delivery schedule The construct of local funding participation, when authorized by the legislative bodies of the relevant agencies through a series of forthcoming interlocal agreements, is based on the following projections: SR 167 SR 509 TOTAL Port contributions $30 million $30 million $60 million Federal INFRA grant $10 million $10 million $20 million Local agency partner match $10 million $10 million $20 million Other Grants (PSRC, FMSIB, TIB) $20 million $10 million $30 million Total $70 million $60 million $130 million 3. Local Funding Strategy A key element of the local funding strategy is to identify projects within the Gateway Program that provide clear and measurable benefits to local jurisdictions. In the Gateway Program, these are called “Local Nexus Projects,” designed to: 6.a Packet Pg. 29 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 3 5/21/2018  Create a positive business case for Local Agency Partners by focusing on the parts of the program that are most relevant and important to local jurisdictions  Leverage the potential to access significant grant funding to support local funding assumptions In support of the local funding strategy, Local Agency Partners shall:  Participate, co-fund match, and submit grant applications with support from Subcommittee staff, as identified in Section 6 of this MOU  Combine local monetary and in-kind contributions and project funds to ensure fully- funded applications, as identified in Section 6 of this MOU  Support the grant effort and avoid competition with the local projects in the year of application The following Local Nexus Projects have been identified within the north (SR 509) and south (SR 167) segments of the Gateway Program: Gateway North (SR 509) Gateway South (SR 167) 188th South Ramps Meridian West Ramps SeaTac Access, with Ramps to 28th/24th Avenue South 54th Avenue East Ramps Veterans Drive Extension Interurban Trail Lake to Sound Trail Valley Avenue West Ramps Port of Tacoma Access/SR 509 Spur 70th Avenue E Bridge Relocation If Local Nexus, INFRA, and any other pending grant projects become fully funded, these projects will contribute substantially toward the Legislative requirement for local match. Funding commitments will be achieved via an interlocal agreement from each signing party up to the amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that once the local contribution requirements set forth in ESB 5096 ($130 million) is achieved, that Local Agency Partners will not be required to commit to additional funds beyond what is outlined in this MOU. If additional grant funding or additional funds from other sources are obtained that fulfill the $130 million local contribution requirement, the Secretary of Transportation and the Executive Committee will review and determine to either reduce local agency partner match payments, or recommend expanding scope of the Gateway Program, and amend each signing party’s interlocal agreement accordingly. 4. Local Participation Policy The Joint Executive Committee has agreed to a funding and phasing policy that structures local agency partner match requirements to be commensurate with the benefits accrued from the project at a local level. This policy states that: 6.a Packet Pg. 30 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 4 5/21/2018 All local agency partners accrue some benefit from the Puget Sound Gateway Program. Partners receiving fewer benefits, however, are not expected to contribute as much as partners who receive more benefits. Direct benefits are those that most quantifiable, but there are other components of value that include indirect, strategic and policy/social benefits. Both direct and indirect benefits will be assessed as part of the consideration of local contributions, because they are more easily quantifiable than strategic and policy/social benefits. All Local Agency Partner signatories of this MOU expect to seek approval of interlocal agreements to contribute a match to be applied to Local Nexus Projects at a level that reflects their respective anticipated level of benefit, as identified in Section 6 of this MOU. 5. Benefit Assessment Methodology The proposed financial participation by each partner is based on a general, qualitative assessment of the net benefits expected to be received by full completion of the Gateway Program. The assessment includes the following metrics, based on available project data and transportation modeling outputs:  Direct transportation linkages. The location of direct access points for new limited access highways or other transportation infrastructure that benefits the community.  Effects on local sales taxes. The impacts of the projects to sales tax receipts, both in terms of one-time construction sales taxes for the project, and ongoing sales taxes from impacts to commercial uses.  Travel time savings. Overall travel time savings for local car and truck traffic associated with the projects.  Traffic diversion from local streets. The diversion of, or increase in, traffic on local arterials due to the project, with associated positive impacts to traffic safety and local road maintenance.  Effects on local employment. The potential effects of improved accessibility are reviewed, particularly in the context of access to new or potential employment uses.  Effects on developable residential lands. The potential impacts of changes in traffic flow and accessibility on residential land development, with a focus on areas within the jurisdiction that are available for redevelopment.  Effects on developable employment lands. The potential impacts of changes in traffic flow and accessibility on the development or redevelopment of commercial and industrial lands.  Achievement of local policy goals. The alignment of the WSDOT Gateway Program with local plans and policies.  Environmental and social benefits. Environmental and social benefits specifically linked to these projects, including upgrades to pedestrian and cycling infrastructure, and wetlands and riparian restoration. The approach and findings of the benefits assessments have been provided to the Local Agency Partners. 6.a Packet Pg. 31 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 5 5/21/2018 6. Local Jurisdiction Anticipated Contributions to the Program Based on results from the benefit assessment described in Section 5, contributions for each of the Local Agency Partners were determined by project stage in the tables below. Following execution of this MOU, interlocal agreements will be drafted for subsequent approval. Anticipated contributions only become binding commitments when embedded in interlocal agreements, and the conditions therein are approved by the proposed funding entity. Interlocal agreements between WSDOT and the respective Local Agency Partner must be in place for a project prior to issuance of the Request for Proposals (RFP) for any proposed construction contract. The Interlocal agreements will become binding commitments, within the statutory authority of the Local Agency Partner, and will define the schedule of local match payments expected over the duration of each construction project stage. WSDOT will exercise due diligence to develop and construct each project on schedule within the Gateway Program to the best of its abilities. Local Agency Partners will participate in project development reviews and project meetings in support of the Gateway Program. If grant pursuits identified in the Stage 1 and Stage 2 tables below are not achieved sufficient to meet the $130 million local contribution, additional grants will be pursued from the funding programs listed or from other funding programs that may become available over the life of the Gateway Program. If Local Nexus Projects go to construction without planned grants, the Local Agency Partner match funds will still be provided by agreement with WSDOT. If it is determined that a Local Nexus Project cannot be fully funded, WSDOT will review options with the Executive Committee. If an official decision is determined by the Executive Committee and the Secretary of Transportation that the Local Nexus Project is not to be included in a construction project, the Local Agency Partner match may be withdrawn. Stage 1 Grant Pursuits for Local Nexus Projects Project Estimated Construction Cost Funding Program Grant Target Amount Target Due Mo/Year Anticipated Construction Expenditure Local Agency Partner Match Partner Nexus 70th Avenue E/Interurban Trail $32,245,600 FMSIB $5,000,000 Mar 2018 2019-2021 $800,000 $500,000 $3,000,000 Fife Tacoma Port of Tacoma TIB $5,000,000 Aug 2018 2019-2021 State Capital & Transpor tation $1,400,000 Mar 2018 2019-2021 Fife Veterans Drive/ SR516 Interchange $33,800,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,000,000 Kent TIB $5,000,000 Aug 2020 2021-2025 $1,000,000 Kent SeaTac Access $176,883,500 PSRC $4,500,000 Apr 2018 2021-2025 $2,000,000 $500,000 SeaTac (ROW in lieu) Des Moines 6.a Packet Pg. 32 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 6 5/21/2018 Port of Tacoma Access/509 Spur $323,042,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,500,000 $3,000,000 $800,000 Tacoma Port of Tacoma Fife FMSIB $5,000,000 Mar 2020 2021-2025 All Gateway Program INFRA $20,000,000* Nov 2017 2019-2021 SR 167 Stage 1 Port of Tacoma Jan 2021 2021-2025 $9,000,000 Port of Tacoma SR 509 Stage 1 Port of Seattle Jan 2021 2021-2025 $15,000,000 Port of Seattle (expected in 2023-2025) Total Stage 1 $54,900,000 $38,100,000 $93,000,000 Stage 2 Future Grant Pursuits for Local Nexus Projects Project Estimated Construction Cost Funding Program Grant Target Amount Target Due Mo/Year Anticipated Construction Expenditure Local Agency Partner Match Partner Nexus Meridian Avenue Interchange TBD $3,000,000 2022 2026-2030 $2,000,000 Puyallup Valley Avenue Interchange TBD $3,000,000 2022 2026-2030 $2,000,000 Pierce County 188th Street Interchange improvements TBD TBD 2023 2026-2030 TBD SR 167 Stage 2 TBD $4,000,000 2022 2026-2030 $500,000 $500,000 Edgewood (ROW in lieu) Sumner Port of Tacoma Jan 2026 2026-2030 $15,000,000 Port of Tacoma SR 509 Stage 2 TBD $4,000,000 2024 2026-2030 Port of Seattle Jan 2026 2026-2030 $15,000,000 Port of Seattle Total Stage 2 $14,000,000 $35,000,000 $49,000,000 Total Stages 1 & 2 $68,900,000 $73,100,000 $142,000,000 * – If no INFRA, apply for FHWA BUILD grant for Port of Tacoma Access (SR 509 Spur) TBD – grant funding program pursuit to be determined in future 7. Terms and Termination 7.1. Amendments This MOU shall be periodically reviewed and evaluated regarding the need for modifications or amendments by mutual determination of WSDOT and Local Agency Partners. Amendments to the MOU shall be required if program funding assumptions need to be adjusted that affect the ability to construct the identified Local Nexus Projects or the ability to achieve the $130 million local contribution. Such amendments shall only be binding if they are in writing and signed by authorized personnel from all of the Local Agency Partners. Except as set forth in an amendment, the MOU will be unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict 6.a Packet Pg. 33 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 7 5/21/2018 between an amendment and the MOU or any earlier amendment, the terms of the most recent amendment will prevail. If there is a conflict between subsequent Interlocal Agreements and the MOU or any earlier amendments, the terms of the Interlocal Agreements will prevail. Changes that do not affect the ability to construct the identified Local Nexus Project or achieve the $130 million local contribution shall be addressed through the Interlocal Agreement between WSDOT and the relevant Local Agency Partner. 7.2. Dispute Resolution Should any signatory to this MOU object at any time to any actions proposed or the manner in which the terms of this MOU are implemented, the Executive Committee shall hear the dispute first and if the disputant(s) is/are not satisfied with the Committee’s proposed decision, the Committee will send to the Secretary of Transportation its proposed solution and all documentation relevant to the dispute. The Secretary of Transportation shall provide the Executive Committee with his/her advice on how to resolve the dispute within thirty (30) calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the Executive Committee shall prepare a written response that considers any timely advice or comments regarding the dispute from the Secretary of Transportation, signatories and other interested parties, and provide them with a copy of this written response. WSDOT will then proceed according to this final decision. 7.3 Conditions for Termination of Participation Subject to legislative appropriation and all applicable laws, each signatory shall ensure that the Gateway Program is carried out in accordance with the terms of the MOU and subsequent Interlocal Agreements. A signatory may terminate its participation in this MOU if its terms cannot be met and by providing written notice to the Secretary of Transportation and the Executive Committee a minimum of 180 calendar days before a project issues an RFP that relies on that local agency partner funding. Prior to providing written notice terminating participation, however, the signatories shall consult with WSDOT to determine whether an amendment to the MOU might be feasible. If a signatory terminates its participation, WSDOT will then consult with the Executive Committee to determine if project scope elements need to be removed if contributions are not realized in accordance with this understanding. 8. Period of Agreement. This MOU will commence on (July 1, 2018 proposed date) and will dissolve when the $130 million of local contribution have been secured, or when the Local Nexus Projects have been constructed and are complete. 6.a Packet Pg. 34 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 8 5/21/2018 9. Signatories _______________________________________ ________________________________ Stephen P. Metruck Date Executive Director Port of Seattle _______________________________________ ________________________________ John Wolfe Date Chief Executive Officer Port of Tacoma _______________________________________ ________________________________ Dow Constantine Date County Executive King County _______________________________________ ________________________________ Bruce Dammeier Date County Executive Pierce County _______________________________________ ________________________________ David E. Hill Date Mayor City of Algona _______________________________________ ________________________________ Nancy Backus Date Mayor City of Auburn _______________________________________ ________________________________ Michael Matthias Date City Manager City of Des Moines 6.a Packet Pg. 35 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 9 5/21/2018 _______________________________________ ________________________________ Daryl Eidinger Date Mayor City of Edgewood _______________________________________ ________________________________ Jim Ferrell Date Mayor City of Federal Way _______________________________________ ________________________________ Pat Hulcey Date Councilmember City of Fife __________________________________ ________________________________ Dana Ralph Date Mayor City of Kent _______________________________________ ________________________________ Shanna Styron-Sherrell Date Mayor City of Milton _______________________________________ ________________________________ Leanne Guier Date Mayor City of Pacific _______________________________________ ________________________________ Kevin Yamamoto Date City Manager City of Puyallup _______________________________________ ________________________________ Joseph Scorcio Date City Manager City of SeaTac 6.a Packet Pg. 36 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) RATIFICATION FINAL Funding and Phasing MOU 10 5/21/2018 _______________________________________ ________________________________ William L. Pugh Date Mayor City of Sumner ______________________________________ ________________________________ Elizabeth A. Pauli Date City Manager City of Tacoma _______________________________________ ________________________________ Roger Millar Date Secretary of Transportation Washington State Department of Transportation 6.a Packet Pg. 37 At t a c h m e n t : P u g e t S o u n d G a t e w a y M O U ( 1 2 6 0 : P u g e t S o u n d G a t e w a y M e m o r a n d u m o f U n d e r s t a n d i n g - R e c o m m e n d ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Parking Ordinance Update - Info Only SUMMARY: On April 16, 2018, the Public Works Committee voted to recommend Council approve amendments to the Kent Parking Ordinance Chapter 9.38. These amendments included: establishing Residential Parking Zones in the Mill Creek Neighborhood, limiting parking in the neighborhoods south of Kentridge High School, and limiting parking to one side of the street in the several neighborhoods to be consistent with Kent Design Standards. Two significant events have taken place since the committee moved the amendments. First after several years of requesting documentation, the city just received from the King County Traffic Engineer files that include County ordinances that established the no parking zones in the three neighborhoods south of Kentridge High School. Staff is working with the legal department to determine how the County legislation would pass to the city as part of the Panther Lake annexation. The second significant event is that Proposition A did not move forward creating difficulty with the ability to move forward with new initiatives that require additional police enforcement. Public Works and Police are determining the effect of these new parking restrictions on Police enforcement. Mill Creek Neighborhood: Sounder ridership has increased annually since service began in 2000, affecting the availability of parking near the Kent Transit Center. Residents in the Mill Creek neighborhood have contacted the City with concerns about train commuters parking in their neighborhood. Staff met with the Mill Creek Neighborhood Council to identify specific areas where Sounder commuters are parking. Based on this feedback, staff developed proposed residential parking zone boundaries for Council consideration. June 2018 status update – Continue discussion with the Police Department to determine enforcement impacts if an RPZ is formed in the Mill Creek Neighborhood. Kentridge High School Neighborhood: The Kent School District permits high school students to drive to school, although on-site parking availability is limited. As a result, Kentridge students park in residential areas to the south of SE 208th St. Residents have requested the City implement parking restrictions through an ordinance to facilitate enforcement. These residential areas were included in the Panther Lake 7 Packet Pg. 38 Annexation area, and currently include signed parking restrictions that were established by King County prior to annexation into Kent, but are not enforceable since King County never adopted an ordinance. Staff proposes to add these parking restrictions to the city’s parking ordinance, allowing for enforcement. June 2018 status update – Kent Public Works staff and the Law Department are working to identify the application of King County legislation following the Panther Lake annexation. Ceder Pointe, Lauren Springs and Shadowbrook Neighborhoods: Residents of these neighborhoods have contacted the city about congested residential streets. Kent Design and Construction Standards limit parking to one side of the street unless the roadway width is at least 32-feet. This proposal would revise the city code to create new parking restrictions in these neighborhoods with narrow streets. These restrictions address concerns brought to the attention of the city by neighborhood residents and the Fire Marshal. The proposed changes would affect the Ceder Pointe, Lauren Springs and Shadowbrook neighborhoods on the East Hill. June 2018 status update – These neighborhoods are linked to the other two locations noted above through the pending council action. These could be separated from the other two locations and proceed to council for further consideration. The Public Works Committee has previously voted to move this parking ordinance update to the full council for consideration under other business. BUDGET IMPACT: The estimated cost to procure and install signs as proposed in all neighborhoods and implement the Mill Creek RPZ is estimated at $88,500. Estimated break down by neighborhood: · Ceder Point: $4,500 for installation of approximately 9 signs. · Kentridge: $45,000 for removal of existing signs and installation of approximately 75 signs. · Lauren Springs: $2,000 for installation of 4 signs. · Mill Creek: $25,000 for installation of approximately 38 signs and issuance of parking permits. Shadowbrook Ridge: $12,000 for installation of approximately 24 signs. SUPPORTS STRATEGIC PLAN GOAL: Authentic Connectivity and Communication, Thriving Neighborhoods and Urban Centers, Inclusive Community ATTACHMENTS: 1. Draft Amendments to the Kent City Code Chapter 9.38 (PDF) 7 Packet Pg. 39 1 Amend Chapter 9.38 KCC - Re: Parking ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, amending section 9.28.020, entitled “No parking zones,” adding a new section 9.38.051, entitled “Parking prohibited from 10:00 a.m. to 2:00 p.m.,” and amending sections 9.38.060, entitled “Two-hour parking zones,” 9.38.065, entitled “Four-hour parking zones,” and 9.38.175, entitled “Residential parking zone.” RECITALS A. Sound Transit’s “Sounder” train station, Kent Station, is located between James Street and Smith Street between Railroad Avenue and First Avenue North. Sounder operations began in late 2000. A parking garage was constructed for the Sounder commuters as well as surface lots and some on-street parking. B. Ridership on the Sounder has increased significantly in the years since Sounder service began. With the success of the Sounder, Sound Transit has increased train operations between Lakewood and Seattle by adding one round trip in 2016 and two round trips in 2017. Cities on the Sounder South route, including Puyallup, Sumner, Auburn and Kent have experienced parking challenges as the parking designated for the Sounder commuters becomes fully occupied very early in the morning on most weekdays. This has led to spill over parking in unintended areas of the cities, including residential areas. Specifically, 7.a Packet Pg. 40 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 2 Amend Chapter 9.38 KCC - Re: Parking Sounder commuters have been observed parking in the Mill Creek residential neighborhood. C. Sound Transit is currently designing a project that will construct a second parking garage downtown, however, that parking garage is not scheduled to open until approximately 2023. D. The Kent School District allows high school students to drive to school. However, parking at Kentridge High School does not have enough parking for all students who desire to drive. As a result, students are parking in the residential neighborhoods near Kentridge High School south of Southeast 208th Street. E. Pursuant to the 2009 City of Kent Design and Construction Standards, Standard Details 6-11 and 6-12, parking is limited to one side of the street where street widths are less than 32 feet. Parking is permitted on one side of the street where widths are between 28 feet and 32 feet. In some areas that have been annexed into the City, road widths are narrower than the 32-foot width at which parking is permitted on both sides by Kent codes. Parking on both sides of these roads creates accessibility issues for residents and emergency vehicles. F. Residents in the Ceder Pointe, Lauren Springs and Shadowbrook Ferncrest neighborhoods have contacted the City of Kent to help address parking issues within their respective neighborhoods. These neighborhoods do not meet criteria in Kent Design and Construction Standards to have the parking on both sides of the residential street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 7.a Packet Pg. 41 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 3 Amend Chapter 9.38 KCC - Re: Parking SECTION 1. - Amendment. Section 9.38.020 of the Kent City Code, entitled “No parking zones” is amended as follows: Sec. 9.38.020. No parking zones. A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street, east side only. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to 500 feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 7.a Packet Pg. 42 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 4 Amend Chapter 9.38 KCC - Re: Parking 11. 27th Place South: from South 259th Place north to South 256th Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 43rd Avenue South: the cul-de-sac north of 42nd Place S. and the attached spur road to the north. 17. 54th Avenue South: from South 228th Street to South 226th Street. 18. 58th Place South: from Russell Road to South 194th Street. 19. 58th Place South: from South 226th Street to south end of 58th Place South. 20. 62nd Avenue South: from South 190th Street to South 196th Street. 21. 64th Avenue South: from south end of road to South 212th Street. 22. 66th Avenue South: from South 196th Street to South 190th Street. 23. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 24. 72nd Avenue South: from South 262nd Street to South 277th Street. 25. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 26. 76th Avenue South: from South 228th Street to South 212th Street. 7.a Packet Pg. 43 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 5 Amend Chapter 9.38 KCC - Re: Parking 27. 77th Avenue South: from South 212th Street to north end of road. 28. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 29. 80th Place South: from 80th Avenue South to 84th Avenue South. 30. 81st Avenue South: from South 200th Street to South 196th Street. 31. 83rd Avenue South: from South 228th Street to South 224th Street. 32. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 33. 88th Avenue South: from East James Street to South 218th Street. 34. 94th Avenue South: from Canyon Drive to South 240th Street. 35. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 36. 100th Avenue Southeast: from Southeast 248th Street to Southeast 218th Street. 37. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 38. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 39. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 40. 108th Avenue Southeast: from Southeast 281st Street to Kent-Kangley Road (SR 516). 7.a Packet Pg. 44 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 6 Amend Chapter 9.38 KCC - Re: Parking 41. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 42. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 43. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 44. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 45. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 46. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 47. 117th Avenue Southeast: from Southeast 244th Street to end of street. 48. 118th Court Southeast: from Southeast 244th Street to end of street. 49. 119th Court Southeast: from Southeast 244th Street to end of street. 50. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 51. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 52. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 53. 128th Avenue Southeast: from Southeast 226th Place to Southeast 227th Street, west side only. 54. 128th Avenue Southeast/Southeast 227th Street: on the curve from 128th Avenue Southeast to Southeast 227th Street, northeast side only. 55. 128th Place Southeast: from Southeast 226th Place to Southeast 227th Street, east side only. 7.a Packet Pg. 45 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 7 Amend Chapter 9.38 KCC - Re: Parking 56. 129th Place Southeast: from 70 feet north of Southeast 225th Court to Southeast 225th Court, west side only. 57. 129th Place Southeast: from 120 feet south of Southeast 225th Court to Southeast 226th Place, east side only. 58. 129th Place Southeast: from Southeast 226th Place to 185 feet north of end of road, west side only. 5359. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 60. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 61. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 62. 134th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 63. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 64. 135th Avenue Southeast: from Southeast 252nd Street to Southeast 253rd Place, west side only. 5465. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 5566. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 5667. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 5768. 148th Avenue Southeast/152nd Way Southeast: from north city boat ramp to Kent-Kangley Road (SR 516). 5869. 152nd Avenue Southeast/152nd Way Southeast: from Kent- Kangley Road (SR 516) to SR 18. 5970. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 7.a Packet Pg. 46 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 8 Amend Chapter 9.38 KCC - Re: Parking 6071. Cambridge Way: 200 feet south of South 262nd Street, west side only. 6172. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 6273. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 6374. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 6475. East Harrison Street: from 140 feet west of 4th Avenue North to 4th Avenue North, south side only. 6576. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 6677. East Pioneer Street: from 170 feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to 200 feet east of Central Avenue, north side only. 6778. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 6879. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehicle parking only. 6980. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 7081. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 7182. East Titus Street: from East Smith Street to Reiten Road South. 7283. Frager Road South: from West Meeker Street to South 204th Street. 7384. Interurban Trail Street: from Meeker Street to Smith Street. 7485. Kennebeck Avenue South: from East Smith Street to East Ward Street. 7.a Packet Pg. 47 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 9 Amend Chapter 9.38 KCC - Re: Parking 7586. Lake Fenwick Road: from South Reith Road to South 272nd Street. 7687. Lakeside Boulevard East: from South 240th Street to South 228th Street. 7788. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 7889. Landing Way: from 64th Avenue South to West Valley Highway. 7990. Lincoln Avenue North: from West Meeker Street to West James Street. 8091. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 8192. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 8293. Novak Lane: from Central Avenue to west end of street. 8394. Ramsay Way: from 4th Avenue North to 230 feet east of 4th Avenue North. 8495. Ramsay Way: from 350 feet east of 4th Avenue North to 440 feet east of 4th Avenue North, south side only. 8596. Ramsay Way: from 350 feet east of 4th Avenue North to 480 feet east of 4th Avenue North, north side only. 8697. Ramsay Way: from 520 feet east of 4th Avenue North to 150 feet north of West Temperance Street. 8798. Ramsay Way: from West Temperance Street to West Smith Street. 8899. Riverview Boulevard: from South 216th Street to South 232nd Street. 89100. Russell Road South: from end of street at Green River Trail to West James Street. 90101. Russell Road South: from South 228th Street to South 212th Street. 7.a Packet Pg. 48 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 10 Amend Chapter 9.38 KCC - Re: Parking 91102. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from a point 960 feet west of 80th Avenue South westerly to the end of the street at the BNSF Railway Company tracks. 92103. South 190th Street: from West Valley Highway to 72nd Avenue South. 93104. South 192nd Street: from the west end of the road to 84th Avenue South. 94105. South 194th Street: from 58th Place South to 66th Avenue South. 95106. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 96107. South 196th Street/Russell Road/South 200th Street: from 84th Avenue South to the Green River. 97108. South 200th Street: from 80th Avenue South to 84th Avenue South. 98109. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 99110. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 100111. South 206th Street: from 72nd Avenue South to 77th Avenue South. 101112. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 102113. South 208th Street: from 84th Avenue South to 96th Avenue South. 103114. South 212th Street: from west city limits to east city limits. 104115. South 216th Street: from 64th Avenue South to 72nd Avenue South. 7.a Packet Pg. 49 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 11 Amend Chapter 9.38 KCC - Re: Parking 105116. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 106117. South 218th Street: from 84th Avenue South to SR 167. 107118. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 108119. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 109120. South 224th Street: from 83rd Avenue South to east end of road. 110121. South 226th Street: from 54th Avenue South to 64th Avenue South. 111122. South 228th Street: from Russell Road South to 83rd Avenue South. 112123. South 231st Way: from Military Road South to Russell Road South. 113124. South 234th Street: from West Valley Highway to east end of street. 114125. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 115126. South 240th Street: from 27th Avenue South to I-5. 116127. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 117128. South 256th Street: from 27th Place South east to the traffic control gate. 118129. South 259th Street: from 74th Avenue South to east city limits. 119130. South 260th Street/South 259th Place South/Reith Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 7.a Packet Pg. 50 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 12 Amend Chapter 9.38 KCC - Re: Parking 120131. South 268th Street: from Military Road South to Princeton Avenue South. 121132. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 122133. South 277th Street and Southeast 274th Way: from 700 feet east of L Street NE to 116th Avenue Southeast. 123134. South Central Place: from South 266th Street to the end of South Central Place. 135. Southeast 211th Street: from 160 feet east of 127th Place Southeast to end of street, north side only. 136. Southeast 224th Place: from 133rd Avenue Southeast to 134th Place Southeast, south side only. 137. Southeast 225th Court: from 60 feet south of end of road to 129th Place Southeast, southwest side only. 138. Southeast 225th Place: from 132nd Place Southeast to 133rd Avenue Southeast, north side only. 139. Southeast 226th Place: from 130 feet east of 127th Avenue Southeast to 128th Avenue Southeast, south side only. 140. Southeast 226th Place: from 128th Avenue Southeast to 129th Place Southeast, north side only. 141. Southeast 227th Street: from 128th Avenue Southeast to 128th Place Southeast, south side only. 142. Southeast 227th Street/128th Place Southeast: on the curve from Southeast 227th Street to 128th Place Southeast, northwest side only. 143. Southeast 227th Street: from 132nd Place Southeast to 134th Place Southeast, south side only. 124144. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 125145. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 7.a Packet Pg. 51 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 13 Amend Chapter 9.38 KCC - Re: Parking 126146. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 127147. Southeast 248th Street: from 104th Avenue Southeast to 116th Avenue Southeast, south side only. 128148. Southeast 248th Street: in front of George Daniels Elementary School. 149. Southeast 252nd Street: from 200 feet west of 133rd Place Southeast to 135th Avenue Southeast, north side only. 150. Southeast 253rd Place: from 90 feet west of 135th Avenue Southeast to 136th Avenue East, south side only. 129151. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 130152. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 131153. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 132154. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 133155. Southeast 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 134156. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 135157. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 136158. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 137159. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 138160. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 7.a Packet Pg. 52 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 14 Amend Chapter 9.38 KCC - Re: Parking 139161. West Saar Street: from west end of street to 4th Avenue South, south side only. 140162. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 141163. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 142164. West Temperance Street: from Ramsay Way to 1st Avenue North. 143165. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 144166. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 145167. Woodland Way South: from East Maple Street to South 262nd Street. 146. Southeast 224th Place: from 133rd Avenue Southeast to 134th Place Southeast, south side only. 147. Southeast 225th Place: from 132nd Place Southeast to 133rd Avenue Southeast, north side only. 148. Southeast 227th Street: from 132nd Place Southeast to 134th Place Southeast, south side only. 149. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 150. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 151. 134th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 152. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 7.a Packet Pg. 53 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 15 Amend Chapter 9.38 KCC - Re: Parking B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50.00. Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 2. – Amendment- New KCC 9.38.051. Chapter 9.38 of the Kent City Code, entitled “Parking” is amended to add a new section 9.38.051, entitled “Parking prohibited from 10:00 a.m. to 2:00 p.m.” as follows: Sec. 9.38.051. Parking Prohibited from 10:00 a.m. to 2:00 p.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 10:00 a.m. and 2:00 p.m. and during the months of September through June, except weekends and holidays, on either side of, the following locations: 1. 124th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. 2. 125th Avenue Southeast: from 260 feet north of Southeast 209th Street to Southeast 211th Street north end of road. 3. 125th Avenue Southeast: from Southeast 209th Street to Southeast 211th Street. 4. 126th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. 5. 127th Place Southeast: from Southeast 208th Street to Southeast 211th Street. 6. Southeast 208th Place: from 126th Avenue Southeast to end of road. 7. Southeast 209th Street: from 170 feet west of 124th Avenue Southeast to 125th Avenue Southeast. 8. Southeast 209th Court: from 126th Avenue Southeast to end of road. 7.a Packet Pg. 54 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 16 Amend Chapter 9.38 KCC - Re: Parking 9. Southeast 210th Court: from 126th Avenue Southeast to end of road. 10. Southeast 210th Court: from 127th Place Southeast to end of road. 11. Southeast 210th Place: from 124th Avenue Southeast to end of road. 12. Southeast 210th Street: from 124th Avenue Southeast to end of road. 13. Southeast 211th Street: from 125 feet west of 124th Avenue Southeast to 124th Avenue Southeast. 14. Southeast 211th Street: from 125th Avenue Southeast to 160 feet east of 127th Place Southeast. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 3. - Amendment. Section 9.38.060 of the Kent City Code, entitled “Two-hour parking zones” is amended as follows: Sec. 9.38.060. Two-hour parking zones. A. Two-hour parking limit. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, or the facilities superintendent for municipal parking facilities, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, parking lots, parking garages, or portions thereof: 1. Centennial Parking Garage: that portion of the first floor as posted or otherwise marked. A vehicle that displays a valid disabled 7.a Packet Pg. 55 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 17 Amend Chapter 9.38 KCC - Re: Parking parking placard or disabled license plate is exempt from the two-hour limitation. 2. City Hall parking lot between City Hall and the Centennial Building: all parking stalls unless otherwise posted or marked. A vehicle that displays a valid disabled parking placard or disabled license plate is exempt from the two-hour limitation. 3. Clark Avenue North: from East Smith Street to East Temperance Street, west side only 34. East Pioneer Street: from Central Avenue North easterly approximately 150 feet to the alley east of Central Avenue North, south side only. 45. First Avenue North and First Avenue South: from a point 200 feet north of West Meeker Street to West Titus Street. 56. Railroad Avenue North and Railroad Avenue South: from East James Street to East Smith Street, east side only; and from East Smith Street to East Gowe Street. 67. Ramsay Way: from 230 feet east of 4th Avenue North to 350 feet east of 4th Avenue North. 78. Ramsay Way: from 440 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, south side only. 89. Ramsay Way: from 480 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, north side only. 910. Ramsay Way: from 30 feet north of West Temperance Street to 150 feet north of West Temperance Street. 1011. Second Avenue North and Second Avenue South: from West Harrison Street to West Titus Street. 1112. State Avenue North and State Avenue South: from East Smith Street to East Gowe Street. 1213. West Gowe Street and East Gowe Street: from Fourth Avenue South to Central Avenue South. 7.a Packet Pg. 56 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 18 Amend Chapter 9.38 KCC - Re: Parking 1314. West Meeker Street and East Meeker Street: from Fourth Avenue to State Avenue. 1154. West Harrison Street: from Fourth Avenue North to Second Avenue North. 1516. West Titus Street: from Second Avenue South to First Avenue South, north side only. Provided, that this section shall not apply on Sundays or holidays. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed and impounded as provided by law. SECTION 4. - Amendment. Section 9.38.065 of the Kent City Code, entitled “Four-hour parking zones” is amended as follows: Sec. 9.38.065. Four-hour parking zones. A. Four-hour parking limit. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. East George Street: from Central Avenue North to State Avenue North. 2. State Avenue North: from 175 feet south of East George Street to north end of road, west side only. 13. Railroad Avenue North and Railroad Avenue South: from East Smith Street to East Gowe Street. Provided, that this section shall not apply on Sundays or holidays. 7.a Packet Pg. 57 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 19 Amend Chapter 9.38 KCC - Re: Parking B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed or impounded as provided by law. SECTION 5. - Amendment. Section 9.38.175 of the Kent City Code, entitled “Residential parking zone” is amended as follows: Sec. 9.38.175. Residential parking zone. A. Purpose of residential parking zone. The city establishes this residential parking zone (RPZ) program in response to parking concerns expressed by residents of the neighborhood surrounding destinations that are expected to generate significant demand for offsite parking in those neighborhoods, the Kent Events Center and as required to mitigate parking impacts of those destinationsthe events center. This RPZ program will reserve parking on the surface streets in the RPZs established hereinNorth Park Neighborhood for neighborhood owners, residents, and their visitors, who might otherwise be displaced by visitors to these destinations. by visitors to or employees of the events center. B. Residential parking zone established. 1. The following described area, also known as the North Park Neighborhood, is established as Kent RPZ No. 1: That area bounded on the west by Fifth Avenue North, to the south by West James Street, to the north by State Route 167, and to the east by the Burlington Northern main line (First Avenue North). 2. The following roadways or portions thereof, within the area known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2: a. Cedar Street: from Clark Avenue North to Jason Avenue North. b. Clark Avenue North: from 150 feet north of East Smith Street to East Temperance Street, east side only. 7.a Packet Pg. 58 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 20 Amend Chapter 9.38 KCC - Re: Parking c. Clark Avenue North: from East Temperance Street to East James Street. d. East George Street: from State Avenue North to Woodford Avenue North. e. East Temperance Street: from Kennebeck Avenue North to Jason Avenue North. f. Jason Avenue North: from East Smith Street to East James Street. g. Kennebeck Avenue North: from East Temperance Street to north end of road. h. State Avenue North: from East James Street to 175 feet south of East George Street. i. State Avenue North: 175 feet south of East George Street to north end of road, east side only. j. Woodford Avenue North: from East James Street to north end of road. C. RPZ manager. The mayor will appoint from city staff the RPZ manager who shall administer the RPZ program as set forth in this section. The duties of the RPZ manager may be carried out by more than one (1) person and may be delegated to the customer services division of the city’s finance department as appropriate. D. Residential parking zone permit. When properly issued and displayed, a RPZ permit or a visitor parking permit will authorize a vehicle to park within the RPZ for which the permit was issued. A property is included within the RPZ only if its address includes, and/or sole access to the property is via, a street that is within the RPZ. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is otherwise prohibited, including but not limited to permanent or temporary no parking zones, loading zones, 7.a Packet Pg. 59 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 21 Amend Chapter 9.38 KCC - Re: Parking fire zones, and all zones where parking is regulated or prohibited by other applicable laws or regulations of the Kent City Code. E. Permit eligibility. 1. Zone owners and residents. Permits may be issued only to persons who own property or reside in the RPZ established by subsection (B) of this section. At this time, all permits will be issued to RPZ owners and residents free of charge. 2. Resident visitors. The RPZ manager may issue additional permits to each residence within the RPZ for temporary use by residents’ visitors. Visitor permits may not be sold or redistributed for any purpose. 3. Government vehicles. Government vehicles will not be required to obtain permits for the purpose of conducting official business in the North Park Neighborhood. Government vehicles associated with the conduct of business at the Kent Events Center may not park in the RPZ. F. Use and validity of permits. 1. The RPZ permit is valid only if displayed on the rear left window of the vehicle and only for so long as the permit holder owns or controls the vehicle and resides at the address for which the permit was issued. 2. A visitor parking permit shall be valid only if the hang tag is hung from the vehicle’s rearview mirror. 3. All permits shall expire on December 31, 2010, irrespective of the date of issuance. Reissuance shall be in accord with the process set forth in subsection (G) of this section for a term to be determined by the RPZ manager. G. Issuance of permits. The RPZ manager will send four (4) RPZ window decals to the owner of record and to the occupant of each dwelling unit or residence within the RPZ. In addition, the RPZ manager will send 7.a Packet Pg. 60 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 22 Amend Chapter 9.38 KCC - Re: Parking fifteen (15) hang tag visitor permits to each owner of record and the occupant of each dwelling unit or residence for temporary use. Each permit issued shall contain the number of the RPZ for which it was issued and a serial number for the permit, together with such other information as determined by the RPZ manager. The RPZ manager is authorized to issue additional RPZ and/or visitor permits, if a demonstrated need exists. Any RPZ resident may make application for additional necessary permits by returning to the RPZ manager a completed application supplied by the city identifying the additional permits required and the reason for the request. Additional permits will be issued at the discretion of the RPZ manager and at no cost at this time. H. Proof of ownership or residence. The following will be sufficient proof of ownership or residence within the RPZ: 1. Appearance as owner of record on the King County recorder’s office website; or 2. A valid driver’s license showing residence at a current address located within the RPZ; or 3. A deed, lease, rental agreement, or other document which, at the discretion of the RPZ manager, establishes residency, and which shows residency within the RPZ. I. Revocation or denial of permits – Cause. Any of the following shall be cause for the revocation or suspension of RPZ permits and/or visitor permits by the RPZ manager: 1. The making of any false or misleading statement in application for a permit. 2. The transfer to an unauthorized person or address. 3. The alteration of a permit in any respect in order to gain privileges not authorized by the permit. 7.a Packet Pg. 61 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 23 Amend Chapter 9.38 KCC - Re: Parking 4. The display on a vehicle of a permit that has been suspended or revoked. 5. The sale of a permit and the receipt of anything of value in exchange for a permit. J. Revocation or denial of permits – Process. If the RPZ manager finds that a RPZ permit or a visitor permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the RPZ manager will send a written notice of revocation or denial to the permit holder, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for permit revocation or denial. 3. That unless a written notice of appeal is filed with the community development director not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or denial – Appeal. An applicant aggrieved by the RPZ manager’s revocation or denial of a RPZ or visitor permit may file a notice of appeal with the community development director who upon consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse, or modify the revocation or denial decision, or order suspension for a specified period. L. Violation – Penalty. Effective January 1, 2009, it shall be a parking infraction to park within the RPZ unless the parked vehicle properly displays a valid RPZ permit or a visitor parking permit. Any violation of this 7.a Packet Pg. 62 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) 24 Amend Chapter 9.38 KCC - Re: Parking section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 6. – 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 7. – 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 8. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 7.a Packet Pg. 63 At t a c h m e n t : D r a f t A m e n d m e n t s t o t h e K e n t C i t y C o d e C h a p t e r 9 . 3 8 ( 1 2 5 6 : P a r k i n g O r d i n a n c e U p d a t e - I n f o O n l y ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Consultant Services Agreement for 2018 Visual Pavement Condition Survey - Recommend MOTION: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Visual Pavement Rating Services, LLC in an amount not to exceed $64,710, for the purpose of performing a visual pavement condition survey for all City streets, subject to final terms and conditions acceptable to the City Attorney and Public Works Director SUMMARY: The City of Kent roadway network is approximately 310 centerline miles (equivalent to nearly 720 lane miles). The 2018 Transportation Sustainability binder presented to Council in January 2018 identified a deferred maintenance need in excess of $275M for the roadways. This number was based on prior studies. In addition to aiding staff in the prioritization of projects, the visual pavement rating aids in quantifying the condition and needs of the roadway network. An updated pavement condition survey is also a necessity when competing for regional grant funding opportunities, as it complies with requirements of the Federal Highway Administration. The City had a favorable experience working with Visual Pavement Rating Services Inc. in 2015/16, the last time the City’s roadways were rated. BUDGET IMPACT: Funding for the agreement is through B&O tax revenue. SUPPORTS STRATEGIC PLAN GOAL: Authentic Connectivity and Communication ATTACHMENTS: 1. Consultant Services Agreement with Visual Pavement Rating Services, LLC (PDF) 8 Packet Pg. 64 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Visual Pavement Rating Services, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Visual Pavement Rating Services, LLC organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 3116 N. Pine Court, Spokane, WA 99205, Phone: (509) 496- 7950, Contact: Rebecca McConnaughey (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 Vendor shall perform a 2018 Visual Pavement Surface Condition Survey. For a description, see the Vendor'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 October 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty-Fourt Thousand, Seven Hundred Ten Dollars ($64,710.00), including applicable Washington State Sales Tax, 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. B. The Consultant shall be paid after execution of the agreement and submittal of invoice. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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. 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 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. 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. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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: Rebecca McConnaughey Visual Pavement Rating Services, LLC 3116 N. Pine Court Spokane, WA 99205 (509) 496-7950 (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 [In this field, you may enter the electronic filepath where the contract has been saved] 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l 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.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l 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.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l 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.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l VPR Services Rebecca McConnaughey 3116 N Pine Ct Spokane, WA 99205 (509) 496-7950 beccamcco@hotmail.com EXHIBIT A 8.a Packet Pg. 73 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l VPR Services Owner/Project Manager: Rebecca McConnaughey Team Structure and qualifications: All services will be conducted by Rebecca McConnaughey and seasonal employee. Both Rebecca and seasonal are qualified to both rate and perform QA/QC with other rater. There would not be any sub consultants on this project. Rebecca would do all quality control and quality assurance analysis for project. Education of Rebecca McConnaughey:  Bachelor of Science in Mathematics – Whitworth University 1988-1992  Bachelor of Arts in Business Management – Whitworth University 1988-1992 References:  Tom Myklebust, Pavement Management Foreman City of Lewiston, ID tommyklebust@cityoflewiston.org 208-746-1316  Mitch Johnson, GIS & Road Log Manager Chelan County, WA Mitch.Johnson@Co.Chelan.WA.Us (509)667-6512  Additional references upon request 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l ALL previous projects were performed on time and with NO change to the original bid price. It is VPR’s goal to only apply for projects that are able to be completed within the time frame that is needed. We will always have the pavement condition survey completed in time unless there are delays due to circumstances beyond our control such as weather delays, not starting the project on agreed upon time due to agency delay, etc. VPR Services has the availability to perform the City of Kent’s pavement condition survey in its entirety during the 2018 rating season. This includes the import of data into Streetsaver. Qualifications/Experience with Washington State Pavement Condition Surveys:  25 Years (26,900 centerline miles) experience in conducting walking and driving pavement condition surveys of flexible, rigid and gravel roads.  Extensive experience conducting distress surveys for use in a variety of Pavement Management Softwares such as Streetsaver, Cartegraph, and Mobility.  Extensive knowledge of multiple data collection formats including computer, tablet, and paper formats. Experienced in entering data into MobileRater during field survey and importing data into Streetsaver. Skilled in data verification and collection.  Trained seasonal employees to conduct pavement condition surveys for Spokane County from 1995 to 2014. This included weekly quality assurance of work and calibration of raters.  Attended pavement rating training classes provided by WSDOT and CRAB in 1993 , 2006 and 2014. Have attended multiple classes provided by Streetsaver in use of software, pavement condition survey, and MobileRater.  Attendance at the Spring and Fall conferences offered by the Northwest Pavement Management Association, which offers training on different rating methods and software used. Rebecca McConnaughey was awarded “Pavement Manager of the Year” from the NWPMA for 2007-2008. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l Vendor’s Approach to Project:  Vehicle will be equipped with safety lights, company and safety signs on rear of vehicle, distance measuring instrument, and all related insurance required by the C ity. Employees will be clearly identified with safety vests.  Rating team will be assigned to this project four to six days per week (approx. 8-12 hr/day). Survey will start as early as possible after the City of Kent supplies a start date. Rating would be completed in full during the proposed time frame.  Rating team will pay close attention to weather and direction of sun to get best vi ew of roadway. Roads will be rated during daylight hours, into the sun or from an angle that will show the most road distresses.  All roads will be rated with a walking survey, on 100% of all lanes and segments of City of Kent maintained streets. Distresses to be rated for flexible pavement are alligator cracking, block cracking, distortions, longitudinal and transverse cracking, maintenance and utility patching, rutting/depressions, weathering, and raveling. The database for the roads to be surveyed will be given by the City of Kent in an excel file after award of contract.  Data will be entered directly into MobileRater during survey and uploaded into Streetsaver after quality control has been completed.  A file will be supplied after survey is complete with any discrepancies observed between Streetsaver database and field survey for number of lanes or pavement type. If approved by the City of Kent, updates will be made in the Streetsaver database. An excel spreadsheet will also be included listing any segment that is not rated, with a comment describing the reason. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l VPR Services, LLC Rebecca McConnaughey (509) 496-7950 beccamcco@hotmail.com April 9, 2018 Bid Estimate Pavement Condition Walking Survey City of Kent, WA 2018 719 lane miles @ $90.00/lane mile = $64,710.00 Total cost = $64,710.00 *Total estimated cost includes insurance as required by the City of Kent, fuel, vehicle use and maintenance, and employee per diem expenses including food and lodging. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l REQUEST FOR PROPOSAL FOR SERVICES TO PERFORM 2018 VISUAL PAVEMENT SURFACE CONDITION SURVEY Notice is hereby given that the City of Kent Washington is seeking proposals from qualified firms for consulting services to collect visual pavement surface conditions utilizing StreetSaver’s MobileRater application and importing these conditions into the City’s StreetSaver Database. The City maintained street network is summarized below: Function Class Sections Length (mi) Lane Miles Urban Principal Arterial 138 11.8 53.2 Urban Minor Arterial 412 34.8 124.2 Major Collector 284 23.8 56.0 Urban Local 3549 239.6 485.6 Totals 4383 310.0 719.0 The services will include walking all City of Kent Streets, visually collecting eight core pavement defects (i.e., alligator cracking, block cracking, distortions, longitudinal and transverse cracking, patch and utility cut patch, rutting/depression, weathering, and raveling) on 100 percent of all lanes and segments of City of Kent maintained streets. The services will include updating the StreetSaver database when the following existing conditions do not match the information within the database: number of lanes and pavement type. Insurance requirements and terms of contract are available upon request from the City of Kent Public Works Department by contacting Nancy Yoshitake at 253-856-5508. A statement of qualifications indicating the firm’s qualifications, experience of individuals to perform work on this project, experience of the firm with similar work, technical expertise, capability to perform the work, availability to perform the work, familiarity with City of Kent street network, familiarity with StreetSaver and MobileRater application, resumes and references, how the firm will approach the project, including a cost proposal per lane mile of rated street shall be addressed to: Nancy Yoshitake City of Kent 220 4th Avenue South Kent, WA 98032 Re: RFQ – 2018 Visual Pavement Surface Condition Survey Three (3) sets of qualifications must be received by mail or delivery at the City of Kent Public Works Department no later than 5:00 p.m. on April 13, 2018. Request for qualifications & cost proposal shall be no longer than 5 pages in length excluding the cover, index, divider sheets, resumes and references. For additional information, please contact Joseph S. Araucto, P.E., Utility Engineer, by telephone at 253-856-5664 or via e-mail at jaraucto@kentwa.gov. The City of Kent is an equal opportunity employer and reserves the right to waive any informality or reject any or all submittals and shall be the sole judge thereof. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’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. B. Minimum Amounts of Insurance Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’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 Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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 contractor 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 Contractor’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 Contractor 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 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 8.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 V i s u a l P a v e m e n t R a t i n g S e r v i c e s , L L C ( 1 2 6 2 : 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 f o r 2 0 1 8 V i s u a l PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: 2019-2023 B&O Overlay - Info Only SUMMARY: Staff will present the future work plan for the B&O pavement preservation program. BUDGET IMPACT: Funding for projects is through B&O tax revenue. SUPPORTS STRATEGIC PLAN GOAL: Authentic Connectivity and Communication 9 Packet Pg. 81 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: South 228th Street Right-of-Way Update - Info Only SUMMARY: Staff will provide a brief update to the Committee members on the acquisition progress required to move this project into construction. SUPPORTS STRATEGIC PLAN GOAL: Authentic Connectivity and Communication 10 Packet Pg. 82 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 4, 2018 TO: Public Works Committee SUBJECT: Quiet Zone Update - Info Only SUMMARY: Staff will give an update on the status of the Quiet Zone. SUPPORTS STRATEGIC PLAN GOAL: Thriving Neighborhoods and Urban Centers, Sustainable Funding 11 Packet Pg. 83