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HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 09/04/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Marli Larimer Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins September 4, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS September 4, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Les Thomas Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Industrial Valley Update Bill Ellis 45 min Transportation Master Plan Update Kelly Peterson April Delchamps 45 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month ii. Proclamation for National Recovery Month iii. Proclamation for Constitution Week iv. Proclamation for Mayor’s Day of Concern for the Hungry v. Proclamation for Women on the Rise Month vi. Proclamation for National Childhood Cancer Awareness Month B. Community Events C. Economic and Community Development Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Minutes of August 21, 2018, Workshop and Council Meeting – Approve B. Excused Absence for Satwinder Kaur – Approve C. Excused Absence for Les Thomas - Approve D. Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2024 Capital Improvement Plan – Approve E. Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2020 Biennial Budget – Approve F. Ordinance Amending KCC Chapter 7.04 – “Sanitary Sewers” – Adopt G. Goods and Services Agreement with RailPros Field Services, Inc. for the South 228th Street Union Pacific Railroad Grade Separation Project – Authorize 9. OTHER BUSINESS 10. BIDS A. Green River Shoreline Soil Preparation Project – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. To evaluate the qualifications of a candidate for appointment to elective office as per RCW 42.30.110(1)(h). 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 7-1-1. COUNCIL WORKSHOP A) Industrial Valley Update, Bill Ellis B) Transportation Master Plan Update, Kelly Peterson and April Delchamps This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. Employee of the Month ii. Proclamation for National Recovery Month iii. Proclamation for Constitution Week iv. Proclamation for Mayor’s Day of Concern for the Hungry v. Proclamation for Women on the Rise Month vi. Proclamation for National Childhood Cancer Awareness Month B) Community Events C) Economic and Community Development Report This page intentionally left blank. PROCLAMATION WHEREAS, behavioral health is an essential part of health and one's overall wellness; and WHEREA$ prevention of mental and/or substance use disorders works, treatment is effective, and people recover in our area and around the nation; and WHEREAS, preventing and overcoming mental and/or substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of people with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and WHEREAS, in 2011, 3.8 million people received specialty treatment for a substance use disorder and more than 31.6 million adults aged 18 or older received services for mental disorders, according to the 2011 National Survey on Drug Use and Health. Given the serious nature of this public health problem, we must continue to reach the millions more who need help; and WHEREAS, on October 1,2013 as a result of the Affordable Care Act, more than 11 million uninsured individuals with behavioral health needs will become eligible for affordable insurance coverage for their treatment needs, according to the 2011 National Suruey on Drug Use and Health. We must ensure that all of these individuals are successfully enrolled into coverage; and WHEREA$ to help more people achieve and sustain longterm recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and The City of Kent, Washington invite all residents of Kent to participate in Nafional Recovery Month and NOW, THEREFORE, l, Dana Ralph, Mayor of Kent, do hereby proclaim the month of September 2018 as National Recovery Month in the city of Kent and call upon the people of Kent to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme. ln witness whereof , I have hereunto set my hand this 4th day of September 2018. KENT WASHTNGToN Mayor Dana Ralph PROCLAMATTON wHEREAS,September L9, 2018, marks the two hundred thirtieth first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 16 through 22 as Constitution Week; NOW THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do hereby proclaim September 16 through 22,2018 as CONSTTTUTTON WEEK In the city of Kent, Washington, and I encourage our citizens to reaffirm the ideals the Framers of the Constitution had in t787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. In witness whereof, I have hereunto set my hand and caused the Seal of the city of Kent to be affixed this 4th day of September, 2018r. t Dana Ralph, Mayo KENT WAgHlNoroN PROCLAMATTON Whereas, the City of Kent recognizes adequate nutrition as a basic goal for each citizen; and Whereas,no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and Whereas, food banks, emergency and hot meal programs stretch resources and strive each day to stem the rising tide of hunger, but still need more help; and Whereas,we believe that when Kent citizens learn of the especially serious needs of the hungry as winter approaches and budgets are stretched further to increasing costs--an outpouring of community assistance will follow; and Whereas,the Emergency Feeding Program coordinates an annual food drive to help suppoft the efforts of their program and the area's food banks in fighting hunger, and will be held at grocery stores throughout King County on Saturday, September 15, 2018; NOW THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim September L5,2Ot7 as MAYOR'S DAY OF CONCERN FOR THE HUNGRY in the city of Kent, Washington, and I encourage all citizens to join with the Emergency Food Program and our food banks to help feed those who are hungry. Donate food and volunteer for a shift at a pafticipating store on September 15th. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 4th day of September 2018. KENTWAsHrxorox Dana Ralph, M PROCLAMATIO'V wHEREASI the city of Kent is dedicated to the uprising of women to document and highlight their triumphs that they have accomplished despite being a marginalized group in the past. This month will emphasize the impoftance of women and men allies that uplift them; and, WHEREAS,the city of Kent, is home to many college students that will be a paft of the 202I workforce which will initially be exemplified during the Women on the Rise Gala. Although the month indicates "Women" as a singular entity we are also supportive of the men allies that help these women rise to the top; and, wHEREAS,the city of Kent has demonstrated through the Diversity Fair that businesses can come together to provide opportunity for all walks of life. The same can be said for Women on the Rise Gala. We will be holding a vendor-sponsor exhibition that will provide employment and further leadership development for past and future workforce employees; and, WHEREAS,Women on the Rise is for multigenerational women and men. Women and men from different backgrounds and ages will come together to actively seek oppoftunities to enhance their leadership skills; and, WHEREAS,the Women on the Rise Gala will act as a networking opportunity for women and men allies to meet others to make future successful connection all while utilizing leadership skills taught at this Gala. NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent, Washington, do hereby proclaim the month of September as, WOMEN ON THE RTSE MONTH In Kent and encourage men and women to join this Gala to ingrain leadership and networking skills that will help promote future success. Dated this 4th day of September, 2018. Dana Ralph Mayor KENT WASHINGIoN PROCLAMATTON Whereas, every year, thousands of children across America are diagnosed with cancer an often-life-threatening illness that remains the leading cause of death by disease for children under the age of 15; and Whereas, the causes of pediatric cancer are still largely unknown, and though new discoveries are resulting in new treatments, this heaftbreaking disease continues to scar families and communities in ways that may never fully heal; and Whereas, while much remains to be done, our Nation has come far in the fight to understand, treat, and control childhood cancer; and Whereas, thanks to ongoing advances in research and treatment, the five-year survival rate for all childhood cancers has climbed from less than 50 percent to B0 percent over the past several decades. Researchers around the world continue to pioneer new therapies and explore the root causes of the disease, driving progress that could reveal cures or improved outcomes for patients; and Whereas, despite the gains we have made, help still does not come soon enough for many of our sons and daughters, and too many families suffer pain and devastating loss; and Whereas, this month, we remember the young lives taken too soon and pay tribute to the famÍlies, friends, professionals, and communities who lend their strength to children fighting pediatric cancer. May their courage and commitment continue to move us toward new cures, healthier outcomes, and a brighter future for America's youth. NOW, THEREFORE I, Dana Ralph, Mayor of the city of Kent, proclaim September 2018 as National Childhood Cancer Awareness Month and encourage all citízens of Kent join me in reaffirming our commitment to fighting childhood cancer. In witness whereof, I have hereunto set my hand this 4th day of September, 20L8. KENT WasHrNGTo),r Dana Ralph, Mayor This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Fincher: Councilmember Higgins: Councilmember Kaur: Councilmember Larimer: Councilmember Thomas: Councilmember Troutner: This page intentionally left blank. Page 1 of 7 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 09/04/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, September 04, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Communications: We are working with Multimedia to finalize the new look for the City’s updated strategic framework (mission, vision, values, goals) and hope to do a rollout to staff in September. eConnect is on target to launch in September. We are also working on a SWOT analysis to see what’s working and what isn’t as we begin planning for 2019. Our first “Ask Me Anything” Facebook event with Mayor Ralph is scheduled for Sept. 25. During the hour, residents are invited to ask anything related to city business. • Community Engagement: The Cultural Communities Board will be sponsoring the upcoming Project Feast: Journey to Peace community dinner. The dinner provides an opportunity for community members to have a free sit-down dinner with members of various culturally diverse groups in Kent. Learning from one another is the goal and making new friends is the result. The dinner will be held on Saturday September 22 from 5:00 p.m. to 7:30 p.m. at the Kent Senior Center. • Neighborhood Program o West Hill Cambridge formed a new neighborhood council. On July 18, approximately 30 residents held a neighborhood meeting to talk about Kent’s Neighborhood Program. A unanimous vote moved to create a steering committee to work on identifying geographical boundaries, a neighborhood name, establish bylaws and other potential committees such as communications, projects, etc. Eight residents representing the steering committee had a successful meeting on Aug. 14. The next full neighborhood meeting is set for Sept. 11. There is huge support from Neighbors of West Hill. ECONOMIC AND COMMUNITY DEVELOPMENT Administration • We are filling two vacancies created by recent staff departures in the Permit Center. o Office Technician Candidates were interviewed the week of the 27th. Reference checks and scheduling of final interviews will take place this week. Page 2 of 7 o Permit Technician Candidates were tested the week of the 27th and the top testers will be invited to interview this week. • Code Enforcement Officer R.E. Miller recently announced that he will retire from the City on Oct. 5, 2018. Code Enforcement • A registration webpage was published on Aug. 27 for the Rental Housing Inspection Program. Postcards will be mailed directing landlords and tenants to visit this webpage to register the rental properties they own, manage, or rent. Collecting this information will help the City understand the rental housing options in our community and better communicate with landlords about the inspection program. Beginning in 2019, apartment units will be required to pass a health and safety inspections every 3 years. Staff continues to develop administrative materials and procedures for this new City program. • Cleanup of the recently demolished Command Labor building at 307 Lincoln Ave continues. All wood from the demolition has been removed and concrete is being broken up for removal as well. Current Planning • On Aug. 16, two staffers participated in an evening panel critiquing undergraduate students’ urban design proposals at UW Tacoma. The students were assigned to reimagine a small, underutilized urban park. Staff enjoyed the opportunity to give constructive feedback. We hope to explore future partnership opportunities with UWT urban design students, as they are always looking for new projects! Economic Development • Business View magazine interviewed Bill Ellis for potential inclusion of Kent’s superstar employers in an upcoming issue dedicated to Seattle metro job growth. • Staff identified 30 participants from Kent Valley businesses, regional public sector actors in workforce development and local schools to invite to Renton Technical College Foundation’s “Business and Higher Education” Roundtable held at its campus. ECD staff was also present. • A small group of craft brewing entrepreneurs toured potential downtown locations. Staff accompanied to answer questions and identified potential issues with bringing older buildings up to code for this use. • ECD joined a “Workforce Innovation Network Coalition” call organized by the Seattle Southside Chamber of Commerce, to talk about ways the City may participate and support efforts. • Economic development staff met with owner representatives of properties along the Meeker Street corridor to talk about their clients’ future plans and how those may align with the “Meet Me on Meeker” initiatives. • The Lodging Tax grant application process was formalized in August making way for the Sept. 1 opening of the funding cycle for 2019. The grant opportunity was publicized using all communication channels. Applications will be accepted until Sept. 30. • Staff made a joint presentation with Boeing Lunar Rover retiree, Charlie Martin, about the legacy of innovation in the Kent Valley to the Kent Rotary Sunrise Club. Long Range Planning • ECD and Communications staff toured a brand new tiny home built in Kent – the Close to Home “Aspire”. The Aspire is intended to be a sustainable and affordable option to house people displaced by natural disasters, provide transitional housing or to meet other housing needs. The Close to Home founders will soon be looking for warehouse space to expand their operation – here in Kent! Page 3 of 7 Building Services/Permit Center • Since Aug. 15, the Permit Center has received 138 permit applications and issued 132 permits during the same period. The plan review team reviewed 37 new plan sets and 29 resubmittals. Building inspectors completed 538 inspections with 338 passed inspections. FINANCE • The 2019 / 2020 budget process is continuing. The Mayor is nearing her final decisions for her proposed budget and will present her budget to Council on Sept. 25. At that point, the Council budget process begins in earnest and generally goes until later November with Council taking final action on the budget at their December Council meeting. • Finance is working with State Auditor’s Office to set up the exit conference for the 2017 audit process. The City received a clean audit for 2017. We are also working with them to set up the exit conference for the Public Facilities District 2017 audit. The City acts as lead agency on the District audit because we serve as treasurer for the District. HUMAN RESOURCES Administration • Tracey Padilla has been hired as a Human Resources Programs Analyst, effective Aug. 16. • Work has begun on the transition from Halogen to NeoGov for performance review and learning management systems. NeoGov will replace Halogen as the City’s vendor for these systems effective Jan. 2019. Benefits • Continuing work on renewals with the City’s benefits providers for 2019. • Continuing preparation for a Request for Proposal process for a new Wellness Program provider to replace Viverae, effective Jan. 2019. • Continuing testing and preparations for Benefits Open Enrollment that will be held from Nov. 5 to Nov. 16, 2018. Communication about Open Enrollment will be sent to City staff in October. Labor, Class & Compensation • Gina Esposito was hired as a Human Resources Labor Analyst, effective Aug. 16. • KPOA collective bargaining sessions with is underway. The next sessions will be held on 9/4 and 9/6. • Updates to Finance policies are under review. • Reclassification research continues on requests from various departments. • Teamsters are set to vote on a Memorandum of Understanding (MOU) regarding Police vehicles on 9/25 Risk Management • Continuing meetings with Parks staff, Structural Engineer, Architect, Contractor and Claims Adjuster to determine next steps to repair/rebuild the Lake Meridian Park restroom. Recruitment • Testing for the Permit Technician were held on Aug. 29. • Interviews for the Public Works Operations Administrative Assistant 1 took place on Aug. 27-28. Page 4 of 7 • Interviews for the Permit Center Office Tech 3 were held on Aug. 28-29. • Interviews for the Judicial Specialist took place on Aug. 29-30. • The Information Technology Supervisor position posted externally on Aug. 13 and closes on Aug. 31. INFORMATION TECHNOLOGY • Civil Legal Review Process Automation o Migrate Law's Civil Division from a physical workflow of legal documents and associative paper bi-products; to one that automates workflow, collaboration and document management that is available to any connected device through a centralized portal. o The system will reduce time spent managing the fragmented email communications associated with the legal review and management of physical artifacts enabling legal staff to navigate between assigned cases, case artifacts and the deliberations surrounding the cases in order to spend more time on legal deliberations and less on the administration thereof. • Enable Local Firewall - CJIS o This project will enable Windows firewall to/on all City supported workstations leveraging PD applications. • Information Technology operational support for Aug. 14, 2018 to Aug. 28, 2018 o Number of tickets opened – 315; number of tickets closed - 311 LAW • Continued to assist the Clerk’s office with public records requests; HR with a number of complicated and sensitive employment issues; ECD and PW with two Sound Transit development projects, and property acquisitions in development of the 228th and 224th corridor projects and various levee projects, including Lower Russell Road and Milwaukee II. • City of Kent v. Gary Asher (Case no. 8Z0760983). Defendant charged with attempted assault in the third degree (assault on a police officer), display of a weapon capable of harm, and obstructing public officers. Following jury trial, the City won convictions on all three charges. Defendant is currently in the City of Kent Correctional Facility awaiting sentencing. PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs o The 2018 Kent Summer Concert Series concluded on Aug. 16 with a performance of reggae and rock by Longstride at Lake Meridian Park. Total attendance for the 12 concerts (six Wednesday Picnic Performances for kids and six Thursdays at the Lake) was approximately 6,850, which is up slightly from last summer’s 6,300. The series brought in $12,200 in sponsorships and grants, as well as $500 in individual donations. o The 2018-2019 Spotlight Series brochure has been released and ticket sales have been coming in at a steady pace. Celebrating its 21st season, this long running performing arts series features music for everyone – celtic, world, folk, classical, and rock, as well as an evening of theater. A total of 379 tickets have been sold since Aug. 1. o The current Kent Creates exhibit – “Vacations and Summer Celebrations” – is open through Aug. 31. People are encouraged to gain inspiration from summertime fun and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. Page 5 of 7 POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry level Police Officer Shaun Brooks has a start date of Sept. 4. • Lateral Police Officer Robert Curl has a start date of Sept. 16. Significant crime activities/arrests/investigations • On Aug. 20, officers were dispatched to unwanted subject asleep with gun near him. Subject had a warrant and had extreme mental illness. Officers located a sparkler bomb and turned it over to the Puget Sound Fire Marshall. The gun was taken for safekeeping. The subject was advised on warrant due to mandatory booking. • Officer’s recovered two dumped stolen vehicles in three days at 121st Ave SE and SE 276th St. • On Aug. 26, officers responded to Morrill Meadows park regarding a suspicious subject who was yelling and wearing a Halloween mask. Officers located the subject, who had a warrant for dangerous weapons out of the Pierce County Sheriff’s Office. The subject’s face was covered with blue face paint, and he had belongings spread over the picnic shelter area, which included a yellow “Jason” style mask. The subject was informed he needed to leave because he was disturbing the many families in the park. However, the subject refused to do so. Officers decided to confirm the Pierce County warrant to resolve the issue. After the subject was told to sit, he attempted to flee on foot. An officer caught the subject and took him to the ground. A butterfly knife was located on the subject during a search. He was subsequently booked into the Kent Jail for resisting arrest and possession of danger ous weapons. • On Aug. 26, there were five separate illegal discharge/drive-by shootings on the East Hill in the area of Turnkey Park, 125th and 201st, 224th and 104th, 124th and 208th and two separate at 124th and 108th between 8 p.m. and 11:15 p.m. No one was hit nor any property damage located but casings were recovered. Major emphasis patrol • Officers standing by as Sam’s Sports Bar closes on Saturday evenings. • Racer Emphasis Aug. 17 o 15-Notice Of Infractions o 14-Warnings o Two Physical Arrest (Reckless Driving, Criminal Trespass) o One Arrest by citation (DWLS) Events and awards • We participated in Chief-For-A-Day with little Chief Syelis "Sye" Lee Wakeman. PUBLIC WORKS Design • S 228th UP Grade Separation o Phase 3 Underground utilities project which includes a storm pipe replacement and the joint utility trench was awarded on Aug. 21 to Road Construction Northwest, Inc. o Phase 4 Ground Improvements and Embankments which includes stone columns, embankment, impacted driveways, and water project to bid Sept. 11 pending WSDOT approval. o Phase 5 remaining project, TIB grant application has been submitted • S 212th St Bridge Deck Resurface - Project advertised only one bid received, bid was rejected. City maintenance crews to perform temporary patching repairs to bridge. Page 6 of 7 Construction • The International Union of Operating Engineers Local 302 members working under the Washington Master Labor Agreement could not reach agreement on their new contract. The old contract expired in June. As a result, the Union has directed their members to participate in an economic stand down (strike) effective Aug. 21 at 6 a.m. For our local projects in Kent, members of the Local 302 include heavy equipment operators (excavators, dozers, graders, loaders, etc.), pavers, grade engineers, crane operators, and concrete pump operators. Negotiations between the IUOE Local 302 members and the contractor’s signatory to the Western Washington Master Labor Agreement began Aug. 27. The following Kent projects have been impacted o LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) o East Valley Highway Pavement Preservation - Sawcutting is taking place this week in preparation of sidewalk demo that will begin at the conclusion of the strike. All other contract work is on hold. o 2018 Asphalt Overlays o Lake Meridian Estates Storm Drainage Improvements, Ph 2 o Downey and Naden Clearing and Grading - Clearing work is ongoing and will continue for the following 2 weeks. Following contract activities will be on hold. • 132nd Ave SE Pedestrian Improvements - Cut and fill for walkway and block wall construction is complete. Concrete curb ramp and walkway is underway with the first concrete pour taking place Aug. 27. • James Street Pavement Rehabilitation (Central Ave. N, to Clark Ave. N.) - Final striping of the new pavement is taking place this week. Thru traffic will be impacted. • Development/Utility Projects o The Ridge Townhomes – Work is on hold. The developer is entertaining hiring a non-union contractor to resume work. o Marquee on Meeker – Civil work on site and off site is on hold. o Morrill Meadows Park / East Hill Park Renovation and YMCA – Civil work is on hold. o Kent Medical Office Building – Night work is scheduled for Aug. 27 and 28 nights to conclude the water connections from last week. This will conclude the right- of-way work. o 64th and Meeker – Contaminated soil excavation and export is nearly complete. Additional safety measures are being installed in advance of the school year starting. Land Survey and GIS • Design mapping for Linda Heights Pump Station Additional Topography and 64th and James Pump Station Force Main • Construction staking for James Street Channelization • Completed Storm Outfall Inventory Collector App for Storm Crews Transportation • Transportation and ECD staff are working together to provide comments to King County METRO on future design standards for Rapid Ride bus stops. The new standards will be used for construction of the future Auburn to Renton Rapid Ride route. • WSDOT is working with jurisdictions from Tumwater to Marysville for long-term planning for the preservation and redevelopment of the I-5 system. Staff will be participating in that process through March of 2019. • A traffic signal cabinet at SE 240th St. and 116th Ave SE was struck by a vehicle over the weekend. Prior to 2018, on average, one signal cabinet was struck per year. To date, five have been struck in 2018. Page 7 of 7 • The Notice of Intent to petition the Federal Railroad Administration (FRA) for a quiet zone on the BNSF line through Kent was mailed on Aug. 24, which begins the 60-day comment period. Following the comment period staff will review comments and finalize the application to the FRA to establish the quiet zone. • Staff met with the Puget Sound Regional Fire Authority to continue discussions about emergency response and the design of the Fourth Ave and Willis St. roundabout. • Kent Bicycle Advisory Board (KBAB) met on the Aug. 27. The agenda included discussion on recruitment of the new members, Green River Trail detour comments and a discussion on potential non-motorized projects for inclusion in the Transportation Master Plan. • Staff will be attending the Puget Sound Gateway Coalition Meeting on Aug. 29, chaired by Briahna Murray. The agenda topics are potential legislative requests including expedited funding, tolling authorization and cost savings provisions. • Staff will be meeting with the Kent Police vendor for additional school zone safety cameras. Based on the Legal Department’s review of school zone law (RCW 46.61.440), three of four flashing beacon assemblies will need to be relocated before the cameras can be installed. Cameras are proposed for Meadow Ridge and Springbrook Elementary Schools. Streets • Street maintenance crews will be repairing a sinkhole at 27415 146th Ave SE. The concrete crews will be prepping and pouring for a new sidewalk on 101st Ave between SE 256th St and 260th St. Signs and Markings Crews will be installing ADA bases and barricades for “NO Parking” signs on 5th Ave. S. at W. Titus St. Water • The Water Division completed the installation of 8-inch water main on 111th Ave SE north of SE 256th St. and are working on installing 12 new water service lines for our customers. Lead and copper sampling will occur in the water system in September. Staff have been contacting customers to set up sample collection. Lead and copper samples are collected by the customer due to the water residence time required in the plumbing system prior to collection. Utilities • Storm Crews will be removing asphalt, digging out the ditch area and pot holing for utilities in preparation for a catch basin installation on 104th Ave. SE between SE 276th St. and SE 266th St. Storm drainage staff will also be repairing a manhole on 321st Ave SE at 99th Ave. S, and at 9647 S 229th Pl. • Sewer crews will be TV inspecting for 2020 overlays on SE 256th St from S 203rd St. to S 206th Pl. Staff will also be performing manhole change-outs at 50th Ave. S and S 234th St. and on Washington Ave. at SR 516. # # # This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A_ CONSENT CALENDAR 8. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through G. Discussion Action 8A. Approval of Minutes. Minutes of August 21, 2018, Workshop and Council Meeting – Approve This page intentionally left blank. Kent City Council Workshop August 21, 2018 Minutes Kent, Washington Pending Approval Page 1 of 3 Date: August 21, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Brenda Fincher, Councilmember Dennis Higgins, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:02 p.m. Agenda: Morrill Meadows/Kent YMCA Project Update Parks Director, Julie Parascondola, provided a project summary and project history that included the agreement/partnership development, master plan/SEPA, and formal City Council/public updates. A PowerPoint presentation was provided to the Council. Parascondola provided additional details regarding material changes to the Conveyance Agreement, Ground Lease, Project Lease Project Development Agreement, and Operating Agreement. Parascondola indicated a temporary off-leash dog park has been completed, the YMCA is a little behind in fundraising project, there is no update on New Market Tax Credits, and they are still on track to finish the park and facility in early August open after Labor Day weekend 2019. Follow up items include: • Returning to a council meeting for the final RCO/King Conservation Plans; • The final dissolution plan for the Kent Meridian pool; • Approval of the Kent United Methodist Agreement; • Final YMCA opening details and pricing/membership information; • Final project costs/details, including New Market Tax Credits; and • General project closeout and other updates Green Direct Program Danielle Butsick, Senior Long-Range Planner and Heather Mulligan, Manager of Customer Renewable Energy Programs with Puget Sound Energy, provided information on Puget Sound Energy’s Green Direct Program. In July 2019, Kent joined the King County Cities Climate Collaborative, formalizing the city's commitment to partnering with King County and neighboring jurisdictions on climate-related issues, and working together to reduce our carbon footprint. This second phase of the Green Direct program is a timely opportunity to take action to demonstrate this commitment. Kent City Council Workshop August 21, 2018 Minutes Kent, Washington Pending Approval Page 2 of 3 Puget Sound Energy is in the second phase of the Green Direct program. Green Direct is a new renewable energy option. Green options include: 1. Green Power 2. Solar Choice 3. Carbon Balance 4. Green Direct Why Green Direct? • Energy that reflects customer values • New renewable energy development • A hedge value with known future energy costs • Reduced carbon footprint • Connection to specific resources • Integrated with standard billing How it works PSE has negotiated power purchase agreements with two developers – one for solar and one for wind. The solar project is anticipated to be online in 2021 (phase 2 customers will receive a blend of both solar and wind power). Heather provided details regarding the Green Direct billing. Green Direct creates new partnerships between PSE and customers and participants are driving the development of new energy resources. Customers can sign a 10, 15, or 18-year agreement. There is no penalty for reducing loads through energy efficiency. Open enrollment will begin on August 31, 2018 at 1 p.m. Danielle Butsick provided analysis of the City’s 2017 average daily usage and indicated that, over a 15-year term, the City could save up to $316,000. The Green Direct program offers an opportunity for the City to invest in renewable energy and contribute to the construction of new sources of renewable power that could not be built without this commitment. Enrollment in the program is a way for the City to make progress on goals to reduce greenhouse gas emissions, while also potentially saving hundreds of thousands of dollars over the term of the purchase agreement. The savings amount will be the price delta between PSE's conventional power portfolio and the Green Direct portfolio. Kent City Council Workshop August 21, 2018 Minutes Kent, Washington Pending Approval Page 3 of 3 If conventional power does not increase, will not save as much money. Solid studies show that conventional power will increase. The four councilmembers in attendance each indicated their approval to move forward with applying for the program. If Kent is selected, the schedule signed by the Mayor will be brought before the Council for ratification. The meeting concluded at 5:52 p.m. Kimberley A. Komoto City Clerk August 21, 2018 This page intentionally left blank. Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 1 of 7 Date: August 21, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Brenda Fincher, Councilmember Dennis Higgins, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:03 p.m. with Council President Boyce presiding. 2. Roll Call Mayor Ralph – Absent Council President Boyce - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember – Present Satwinder Kaur, Councilmember – Excused Absence Marli Larimer, Councilmember – Excused Absence Les Thomas, Councilmember – Excused Absence Toni Troutner, Councilmember – Present 3. Changes to the Agenda Councilmember Higgins moved to approve the agenda as presented, seconded by Councilmember Troutner. The motion passed unanimously with a vote of 4-0. 4. Public Communications A. Public Recognition i. Employee of the Month Council President Boyce recognized David Agnew as the City’s August employee of the month. David is a construction inspector and has worked for the City since August 1, 2014. ii. Meridian Orchard Neighborhood Council Toni Azzola, Neighborhoods Program Coordinator, presented details regarding the City’s neighborhood program and recognized the Meridian Orchard Neighborhood Council. Call 253-856-5708 for more information regarding the program. Councilmember Fincher recognized the City staff for their work supporting the DUI court. Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 2 of 7 B. Community Events Councilmember Troutner advised that single game tickets for Thunderbird games go on sale at 10 a.m. on August 22nd. Councilmember Fincher indicated the Spotlight Series tickets are now on sale and also advised of “The Time of Your Life” choir event at the Senior Center on August 23rd. C. Public Safety Report Chief Padilla expressed his appreciation of the support the Police Department has received over the past few weeks. The ceremony for Officer Moreno was outstanding and the Department is moving forward through grieving process. Council President Boyce performed the swearing in for Officer Eric Rodenberg and John Rainey. Chief Padilla provide brief histories on each of the officers. Chief Padilla presented information regarding the recent Chief for a Day program and the qualifications to participate in the program. Syelis “Sye” Lee Wakeman, 4, of Kent, served as the Kent Police Chief for a Day. Chief Padilla recognized Assistant Chief Kasner and the Meridian Kent Kiwanis Club for their assistance in organizing the event. School Zone Traffic Safety cameras will be installed at Springbrook and Meadowridge elementaries and should be up and running starting in mid- November. There will be a warning period for one month and the cameras will be fully operational with enforcement after the winter school break. The Department is moving forward with a feasibility study for red light cameras. They are looking at intersections with the highest rate of collisions. Data will be analyzed and a recommendations will be brought before the Council. If approved, the cameras will be installed, there will be public outreach and a warning period will take place prior to enforcement. Chief Padilla indicated the body camera project is on schedule and a pilot program will take place in October for 3-6 months for the purpose of gathering data. The pilot will include 10 body-worn cameras and 2 in car video cameras. Once the pilot is complete, recommendations regarding implementation will be brought before Council. 5. Reports from Council and Staff Derek Matheson, Chief Administrative Officer Matheson’s written report is in today’s agenda packet and there is no executive session. Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 3 of 7 The budget process is in full swing and the Mayor and Finance Department are working on preparing a balanced budget to be presented to the Council on Septemebr 25th. Matheson advised that the Mayor has appointed Michael Frans to the municipal court and the Council is scheduled to confirm that appointment during the September 21, 2018, Council meeting. Frans will work in the court as a pro tem through the end of the year and will officially take office in January of 2019. Matheson advised that City staff collaborated with the Kent Downtown Parnership (KDP) and participated in a parking sumit. Moving forward, the City and KDP will work together to come up with solutions to the increased need for parking downtown. Council President Boyce Boyce provided a brief recap of tonight’s City Council workshop with presentations from Parks Director, Julie Parascondola regarding Morrill Meadows and the Kent YMCA project update. As well as a presentation by Puget Sound Energy and Danielle Butsick on the Green Direct Program. Boyce serves on the Sound Cities Association’s Public Issues Committee. No report. Councilmember Higgins Councilmember Higgins is the Chair of the Public Works Committee. Meeting minutes are available online. Two items of note from yesterday’s meeting: (1) King County Solid Waste division gave a presentation on the Cedar Hills landfill. The landfill only has capacilty until 2028 and they are planning for alternatives. The County executive recommended redesigning Cedar Hills by expanding for use for an additional 15 years. The proposal will go before the county council in the fall. All cities utilizing the landfill, including Kent, will need to approve the plan; and (2) The City’s GIS group has created a geoportal that is now live on the City’s website. Councilmember Higgins serves on the King County Regional Transit Committee. No report. Councilmember Troutner Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. During the July 26th meeting, there was discussion regarding the use of the funds for the Best Starts for Kids. Troutner is the chair of the Public Safety Committee. During the August 14th meeting, information was presented regarding the Car-per-Officer program. Councilmember Fincher Councilmember Fincher serves on the Arts Commission and advised that the Spotlight Series tickets are now on sale and the latest KentCreates contest deadline is August 31st. Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 4 of 7 Fincher is the chair of the Parks and Human Services Committee. During the last meeting, the committee received an update on the YMCA. Fincher advised that the City is looking for a restaurant for the golf course. Fincher also advised that residents interested in serving on either the Bicycle Advisory Board or Kent Arts Commission, should apply by completing the applications located on KentWA.gov. Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee. No report. Fincher serves on the Sound Cities Association King Conservation District Advisory Committee. Discussed urban forestry. KCD provides assistance to cities participating in the program. Kent is involved in a project “ITree” a groundwater project. Ayden Bowl, a Boy Scout, stated that he is attending tonight’s council meeting to fulfill the requirements of the Government and Citienship of the Community badge. 6. Public Hearing None. 7. Public Comment Dick Landen, a Kent resident, indicated he wanted to make himself available to answer any questions the Council may have regarding his communication to them regarding a recent decision made by the Land Use and Planning Board. 8. Consent Calendar Councilmember Higgins moved to approve the Consent Calendar Items A through L, seconded by Councilmember Troutner. The motion passed unanimously with a 4-0 vote. A. Minutes of August 7, 2018, Council Meeting – Approve Minutes of the August 7, 2018 Council Meeting were approved. B. Payment of Bills – Approve Bills received through July 15, 2018 and paid on July 15, 2018 after auditing by the Operations Committee on August 7, 2018 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 07/15/18 Wire Transfers 7578 - 7592 $2,139,413.96 07/15/18 Regular Checks 726044 - 726348 $1,216,681.90 07/15/18 Payment Plus 100981 - 101004 $153,091.57 Void Checks ($0.00) Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 5 of 7 07/15/18 Use Tax Payable $2,919.40 $3,512,106.83 Approval of checks issued for payroll for July 1, 2018 through July 15, 2018 and paid on July 20, 2018: Date Check Numbers Amount 7/20/2018 Checks 0 Voids and Reissues 7/20/2018 Advices 412145 - 413039 $1,797,742.95 $1,797,742.95 C. Excused Absence for Satwinder Kaur – Approve Council approved an excused absence for Councilmember Kaur as she was unable to attend the City Council meeting of August 21, 2018. D. Excused Absence for Les Thomas – Approve Council approved an excused absence for Councilmember Thomas as he was unable to attend the City Council meeting of August 21, 2018. E. Excused Absence for Marli Larimer – Approve Council approved an excused absence for Councilmember Larimer as she was unable to attend the City Council meeting of August 21, 2018. F. Consultant Services Agreement with GeoEngineers for Signature Point Levee – Authorize The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $210,919.00, for the Signature Pointe Levee Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. School Zone Traffic Safety Camera Program Fund Expenditures for Vehicle Purchases – Authorize Council authorized the expenditure of $930,000 from the School Zone Traffic Safety Camera Fund, amend the budget, authorize the Mayor to purchase 15 police vehicles for the second phase of the car-per-officer program, utilizing the State’s master contract with Columbia Ford, Inc., and authorize future purchases with Columbia Ford if they are within the City’s established budgets and made during the term of the master contract. H. Police Interceptor Vehicles – Authorize Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 6 of 7 Council authorized the expenditure of $434,000 from the 2019 Fleet Reserve fund, amend the budget, and authorize the Mayor to purchase 7 replacement police vehicles utilizing the State’s master contract with Columbia Ford. I. Resolution Recognizing the Meridian Orchard Neighborhood Council – Adopt Resolution No. 1972 was adopted, recognizing the Meridian Orchard Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. J. Consolidating Budget Adjustment Ordinance for Adjustments Between January 1, 2018 and June 30, 2018 – Adopt Ordinance No. 4284 was adopted, approving the consolidating budget adjustments made between January 1, 2018 and June 30, 2018, reflecting an overall budget increase of $11,145,837. K. Resolution for Two Grant Applications to the Recreation and Conservation Office for the Service Club Ballfields Drainage and West Fenwick Park Renovation projects – Adopt Resolution No. 1973 was adopted, authorizing the submission of applications for grant funding assistance through the Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program of the Recreation and Conservation Office for renovation of West Fenwick Park and field drainage services at Service Club Ballfields, and identifying the Parks Director as the City’s authorized representative for purposes of securing the grants and binding the City to the grant terms and conditions. L. South 228th Street Grade Separation at Union Pacific Railroad Joint Trench – Accept as Complete The Mayor was authorized to accept the South 228th Street Grade Separation at Union Pacific Railroad Joint Utility Trench Project as complete and release retainage to Scarsella Brothers, Inc. upon receipt of standard releases from the state and the release of any liens. 9. Other Business None. 10. Bids A. South 228th Street Union Pacific Railroad Underground Utilities Project Bid – Award Tim LaPorte, Public Works Director provided details regarding the South 228th Street Union Pacific Railroad Underground Utilities Project. Councilmember Higgins moved to award the South 228th St. Union Pacific Railroad Underground Utilities Project to Road Construction Northwest, Inc. in the amount of $1,923,246.25 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to Kent City Council Regular Meeting August 21, 2018 Minutes Kent, Washington Pending Approval Page 7 of 7 the City Attorney and Public Works Director. Seconded by Councilmember Fincher, the motion passed with a vote of 4-0. B. 4th Avenue and Meeker Street Complete Streets Project – Award Tim LaPorte, Public Works Director, provided details regarding the 4th Avenue and Meeker Street Complete Streets project. Councilmember Higgins moved to award the 4th Avenue and Meeker Street Complete Streets Project to R. W. Scott Construction Co. in the amount of $454,316.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Troutner, the motion passed with a vote of 4-0. 11. Executive Session and Action after Executive Session None. 12. Adjournment Council President Boyce adjourned the meeting at 7:47 pm. Kimberley A. Komoto City Clerk August 21, 2018 This page intentionally left blank. Agenda Item: Consent Calendar – 8B_ TO: City Council DATE: September 4, 2018 SUBJECT: Excused Absence for Councilmember Kaur - Approve SUMMARY: Councilmember Kaur is unable to attend the City Council meeting of September 4, 2018 and has requested an excused absence. RECOMMENDED BY: Council President Boyce MOTION: Approve an excused absence for Councilmember Kaur as she is unable to attend the City Council meeting of September 4, 2018. This page intentionally left blank. Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: September 4, 2018 SUBJECT: Excused Absence for Councilmember Thomas - Approve SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of September 4, 2018 and has requested an excused absence. RECOMMENDED BY: Council President Boyce MOTION: Approve an excused absence for Councilmember Thomas as he is unable to attend the City Council meeting of September 4, 2018. This page intentionally left blank. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: September 4, 2018 SUBJECT: Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2024 Capital Improvement Plan – Approve SUMMARY: This is the first of the required public hearings on the City’s 2019-2024 Capital Improvement Plan. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director STRATEGIC PLAN GOAL(S): ☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. ☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Set September 18, 2018 as the date for the first public hearing on the 2019-2024 Capital Improvement Plan at the regular City Council meeting. This page intentionally left blank. 0. Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: September 4, 2018 SUBJECT: Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2020 Biennial Budget – Approve SUMMARY: This is the first required public hearing for the 2019 – 2020 Biennial Budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director STRATEGIC PLAN GOAL(S): ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Set September 18, 2018 as the date for the first public hearing on the 2019-2020 Biennial Budget at the regular City Council meeting. This page intentionally left blank. 0. Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: September 4, 2018 SUBJECT: Ordinance Amending KCC Chapter 7.04 – “Sanitary Sewers” – Adopt SUMMARY: In 2017 the State Auditor’s office recommended a change to our existing sewer code provisions in chapter 7.04 of the Kent City Code. The city has a long- established practice of not requiring homeowners to connect to sewers unless requested by the Health Department or unless the residence was in a Local Improvement District (LID) established to provide sewer service. There are a few residential areas on the west and east hills of Kent that are served with septic systems, possibly numbering two to three hundred homes. Unless a septic system is failing, redevelopment occurs or for some other health related reason, the city has continued to allow these residences to remain on their individual septic systems. The septic systems would need to be kept in good working order. Connecting to the public sewer system can easily cost a homeowner $20,000 to $30,000 due to the excavation costs. Generally, it is more economical for a group of homes in a neighborhood to participate in a LID to accomplish this rather than an individual residence owner. The purpose of this amendment is to clarify that the director has the authority to implement policies and procedures relating to the enforcement of this chapter, including the connection requirement. The imposition of the monetary penalty has been made discretionary (not mandatory) and the authority of the director regarding enforcement was broadened beyond particular situations. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Troutner NAY: BUDGET IMPACT: There is no budget impact associated with this recommended change. STRATEGIC PLAN GOAL(S): ☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Adopt Ordinance No.___, amending various sections within chapter 7.04 of the Kent City Code, to clarify the director’s authority to implement policies and procedures relating to the enforcement of the sewer connection requirement and to make the imposition of monetary penalties discretionary. This page intentionally left blank. 1 Amend Ch. 7.04 KCC - Re: Sanitary Sewers ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections of Chapter 7.04 of the Kent City Code to clarify provisions relating to enforcement of this chapter. RECITALS A. The City has a few neighborhoods and residences that are still on septic systems. It has been the established policy of the City to allow these residences to remain on septic systems, provided they are in good working order and are not causing groundwater pollution issues or health issues. This is consistent with the practice of surrounding jurisdictions and the King County Health Department. B. An internal audit conducted in 2017 recommended that KCC 7.04.030 and 7.04.130 be amended to clarify the director’s discretion to implement policies and procedures regarding to the enforcement of this chapter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 7.04.030. Section 7.04.030 of the Kent City Code, entitled “Powers and authority of the director, 2 Amend Ch. 7.04 KCC - Re: Sanitary Sewers inspectors, and assistants – Discretion of the director,” is amended as follows: Sec. 7.04.030. Powers and authority of the director, inspectors, and assistants – Discretion of the director. A. Access to facilities. The director and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter upon all premises for the purposes of inspection, observation, measurements, sampling, and testing in accordance with the provisions of this chapter. No consent, warrant, or court order is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. B. Director discretion. In applying, interpreting, and enforcing this chapter, the director has the authority to develop, implement and administer policies and procedures pertaining to this chapter, impose additional conditions, to waive or alter the application of any requirement in any particular situation under the facts then existing or pursuant to policies and procedures, or to alter any performance required under this chapter where the director determines such departure is necessary to mitigate identified or potentially negative impacts to the sanitary sewer system or public health, safety, or welfare. SECTION 2. – Amendment – KCC 7.04.130. Section 7.04.130 of the Kent City Code, entitled “Use of public sanitary sewer required,” is amended as follows: Sec. 7.04.130. Use of public sanitary sewer required. A. Proper sanitation required. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city or in any area under the 3 Amend Ch. 7.04 KCC - Re: Sanitary Sewers jurisdiction of the city, any human or animal excrement, or other objectionable waste. B. Sewage disposal system – Chapter compliance required. Except as provided in this chapter, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. C. Connection to public sanitary sewer required. The owners of all houses, buildings, properties or other premises used in any manner for human occupancy situated within or without the city that abut any street, alley, or easement in which there is located a public sanitary sewer of the city shall, at their expense, install suitable toilet facilities therein and connect those facilities directly to the proper public sanitary sewer within 90 days from the date of official notice to do so; provided, that the public sanitary sewer is within 200 feet of any building on the owner’s property. D. Failure to connect when required. In addition to any other penalty authorized by this chapter, a property owner who fails to connect to the public sanitary sewer within 90 days of receiving official notice to do so shall may be subject to a penalty that shall be a monetary charge in an amount equal to the base monthly sewer rate that would be charged against that property if it were connected to the public sanitary sewer. The city’s finance department shall assess the penalty against the property through its utility billing system. E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to pay the penalties levied pursuant to this section shall constitute a lien for those delinquent and unpaid charges against the premises to which the service is available. This lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. 4 Amend Ch. 7.04 KCC - Re: Sanitary Sewers F. Interest assessed for delinquencies. All delinquent charges imposed under the authority of this section shall bear interest at the rate of eight percent per annum computed on a monthly basis. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ___________ ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Agenda Item: Consent Calendar – 8G_ TO: City Council DATE: September 4, 2018 SUBJECT: Goods and Services Agreement with RailPros Field Services, Inc. for the South 228th Street Union Pacific Railroad Grade Separation Project – Authorize SUMMARY: Construction of the South 228th Street Union Pacific Railroad Grade Separation project requires railroad flagging to ensure railroad traffic is not impeded by construction. Railpros Field Services, Inc. is the only company authorized by the Union Pacific Railroad to conduct flagging operations on Union Pacific tracks. They will provide the railroad flagging during construction of the bridge and related infrastructure. EXHIBITS: Goods & Services Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: N/A BUDGET IMPACT: Costs associated with this contract are included in the project budget. STRATEGIC PLAN GOAL(S): ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Authorize the Mayor to sign a Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $190,000 for the South 228th Street Union Pacific Railroad Grade Separation Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and RailPros Field Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and RailPros Field Services, Inc. organized under the laws of the State of Texas, located and doing business at 1705 W. Northwest Highway, Suite 150, Grapevine, TX 76051, Phone: (877) 315-0513, Contact: Kendall Koff (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide flagging services for the S. 228th St. UPRR Grade Separation Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Ninety Thousand Dollars ($190,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit invoices monthy and shall be paid within 30 days of receipt. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor 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 Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. 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. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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 Vendor 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 Vendor 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 Vendor 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. 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. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Kendall Koff RailPros Field Services, Inc. 1705 W. Northwest Highway, Suite 150 Grapevine, TX 76051 (877) 315-0513 (telephone) (866) 762-7619 (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) GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk RailPros - 228th UPRR Grade Sep/Smith EEO COMPLIANCE DOCUMENTS - 1 of 3 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: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 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. EEO COMPLIANCE DOCUMENTS - 3 of 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: _________________________________________ øRArLPRosFIELD .SEfR\./ICES March 1,2018 Susanne Provencio Smith City of Kent 2s3-856-5553 sosmith@kentwa.sov Subject: Quote for Flagger in Charge Services Dear Susanne Provencio Smith, Thank you for contacting RailPros Field Services, lnc. (RPFS) to provide a qualified Flagger in Charge. RPFS provides associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All of our Flaggers in Charge are dedicated to safety on the job-site and have an acute understanding of railroad rules. RPFS charges a daily rate which includes an 8-hour on-site work day, mobilization, and Per Diem costs. Our services are billed for the Flagger in Charge's (FlC's) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the FIC's 8 hours will be charged at an hourly overtime rate. The rates for our services are as follows ln the event of cancellation, if RailPros UP Management is given less than twenty-four hours' notice, it is considered a billable day. Cancellations must be made in writing to UPflae@RailProsFS.com. This quote is based on RailPros Field Services standard labor rates and does not take into any account prevailing wage requirements. lf prevailing wages are applicable for this project, RPFS will re-quote with the prevailing wage requirement. lnvoices are submitted upon completion of the job or at month's end. On-going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. lnvoices are subject To a L% fee for every 30 days the payment is delinquent. We offer credit card payment processing for an additional 5% fee. lf you have any questions regarding this quote or would like further information, please feel free to contact me. Thank you,REED TO AND ACCEPTED BY: RAILPROS FIELD SERVICES, INC. Client Co HEATHER MORRIS Field Services Associate 877.315.0513 x116 Printed Name 1705 W Northwest Hwy, Suite 150 Grapevine, TX 76051 P: (877131s - 0s13 F: (s66) 762 -7619 www,rai lprosf s.com Standard 8 hour day sgso.oo Overtime rate r hour after 8 hours S1,1so.ooStandard 8 hour day $tzs.oo Overtime rate per hour after 8 hours Srzs,oo Standard Work Day: Nights, Weekends, and Holidays enres tative Title EXHIBIT A Exhibit B RailPros Field Services Working days Standard fee per day Total 200 $9s0,00 $190,000.00 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 10A_ TO: City Council DATE: September 4, 2018 SUBJECT: Green River Shoreline Soil Preparation Project – Award SUMMARY: Construction of the Upper Mill Creek Dam Improvements requires state and federal permits; these permits include conditions for mitigating lost fish habitat above the dam with new plantings along the Green River. This contract consists of preparing the soil along the west bank of the Green River near the Veteran’s Drive bridge, preparing the area for city crews to plant later this year. A 3.4-acre area will be cleared and grubbed and covered with mulch. The bid opening for the Green River Shoreline Soil Preparation Project was held on August 28, 2018 with four bids received, all were responsive. The lowest responsible and responsive bid was submitted by Olson Brothers Excavating, Inc. in the amount of $326,901.32. Bid Tab Summary 01. Olson Brothers Excavating, Inc. $326,901.32 02. Buckley Nursery Company $356,278.45 03. Mike McClung Construction Co. $359,150.00 04. Scarsella Bros., Inc. $368,480.45 Engineer's Estimate $294,305.00 EXHIBITS: Green River Shoreline Planting Project bid tabulation RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Budget for this mitigation work has been included as part of the Upper Mill Creek Dam Improvements project. MOTION: Award the Green River Shoreline Soil Preparation Project to Olson Brothers Excavating, Inc. in the amount of $326,901.32 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Green River Shoreline Soil Preparation Project Olson Brothers Excavating, Inc. Buckley Nursery Company Mike McClung Construction Co. Scarsella Bros., Inc.Bid Opening: August 28, 2018, 11:00 AM6622 112th St. E. 16819 92nd St. E. PO Box 1189 PO Box 68697 Puyallup, WA 98373 Sumner, WA 98390 Buckley, WA 98321 Seattle, WA 98168-0697 TOTAL $326,901.32 $356,278.45 $359,150.00 $368,840.45ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE I: EARTHWORK 1000 Mobilization 1 LS 16,856.57 $16,856.57 40,200.00 $40,200.00 20,000.00 $20,000.00 25,000.00 $25,000.001005 Clearing & Grubbing 3.4 AC 45,936.78 $156,185.05 27,800.00 $94,520.00 42,000.00 $142,800.00 60,000.00 $204,000.001015 Minor Changes 1 CALC 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.00SCHEDULE I TOTAL$179,041.62 $140,720.00 $168,800.00 $235,000.00SCHEDULE II: TRAFFIC CONTROL2005 Construction Signs Class A 100 SF 24.93 $2,493.00 75.00 $7,500.00 20.00 $2,000.00 20.00 $2,000.002010 Traffic Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SCHEDULE II TOTAL$7,493.00 $12,500.00 $7,000.00 $7,000.00SCHEDULE III: TEMPORARY EROSION & SEDIMENTATION CONTROL3000 Seeding, Fertilizing, & Mulching 5,000 SY 1.39 $6,950.00 0.75 $3,750.00 1.00 $5,000.00 1.50 $7,500.003010 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.003015 ESC Lead 100 HR 41.55 $4,155.00 80.00 $8,000.00 75.00 $7,500.00 0.01 $1.00SCHEDULE III TOTAL$21,105.00 $21,750.00 $22,500.00 $17,501.00SCHEDULE IV: ROADSIDE RESTORATION4015 Arborist Wood Chip Mulch 1,070 CY 53.42 $57,159.40 51.85 $55,479.50 60.00 $64,200.00 38.55 $41,248.504020 Coir Fabric Installation (Erosion Control Blanket) 12,800 SY 2.53 $32,384.00 7.30 $93,440.00 5.00 $64,000.00 2.70 $34,560.00SCHEDULE IV TOTAL$89,543.40 $148,919.50 $128,200.00 $75,808.50SUMMARY: SCHEDULE I TOTAL$179,041.62 $140,720.00 $168,800.00 $235,000.00SCHEDULE II TOTAL$7,493.00 $12,500.00 $7,000.00 $7,000.00SCHEDULE III TOTAL$21,105.00 $21,750.00 $22,500.00 $17,501.00SCHEDULE IV TOTAL$89,543.40 $148,919.50 $128,200.00 $75,808.50BID SUBTOTAL$297,183.02 $323,889.50 $326,500.00 $335,309.5010% WA STATE SALES TAX$29,718.30 $32,388.95 $32,650.00 $33,530.95CONSTRUCTION CONTRACT TOTAL $326,901.32 $356,278.45 $359,150.00 $368,840.451243 Green River Shoreline Soil Preparation Project Bid Opening: August 28, 2018, 11:00 AM TOTALITEM DESCRIPTION QTY UNITNO. SCHEDULE I: EARTHWORK1000 Mobilization 1 LS1005 Clearing & Grubbing 3.4 AC1015 Minor Changes 1 CALCSCHEDULE I TOTALSCHEDULE II: TRAFFIC CONTROL2005 Construction Signs Class A 100 SF2010 Traffic Control 1 FASCHEDULE II TOTALSCHEDULE III: TEMPORARY EROSION & SEDIMENTATION CONTROL3000 Seeding, Fertilizing, & Mulching 5,000 SY3010 Erosion/Water Pollution Control 1 FA3015 ESC Lead 100 HRSCHEDULE III TOTALSCHEDULE IV: ROADSIDE RESTORATION4015 Arborist Wood Chip Mulch 1,070 CY4020 Coir Fabric Installation (Erosion Control Blanket) 12,800 SYSCHEDULE IV TOTALSUMMARY:SCHEDULE I TOTALSCHEDULE II TOTALSCHEDULE III TOTALSCHEDULE IV TOTALBID SUBTOTAL10% WA STATE SALES TAXCONSTRUCTION CONTRACT TOTALEngineer's EstimateMatt Knox $294,305.00UNIT TOTALPRICE AMOUNT30,000.00 $30,000.0015,000.00 $51,000.006,000.00 $6,000.00$87,000.0023.00 $2,300.005,000.00 $5,000.00$7,300.002.88 $14,400.0010,000.00 $10,000.0057.50 $5,750.00$30,150.0050.00 $53,500.007.00 $89,600.00$143,100.00$87,000.00$7,300.00$30,150.00$143,100.00$267,550.00$26,755.00$294,305.00 This page intentionally left blank. EXECUTIVE SESSION A. To evaluate the qualifications of a candidate for appointment to elective office as per RCW 42.30.110(1)(h). ACTION AFTER EXECUTIVE SESSION ADJOURNMENT