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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/10/2019 KENT CITY COUNCIL AGENDAS Tuesday, December 10, 2019 7:00 PM Chambers Mayor, Dana Ralph Council President, Bill Boyce Councilmember Satwinder Kaur Councilmember Les Thomas Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Toni Troutner ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month ii. Police Chief Commendations - Josh Evans, C.J. Burleigh, George Naill iii. Lunar Rover B. Community Events 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report B. Chief Administrative Officer's Report C. Councilmember's Reports 6. PUBLIC HEARING A. Public Hearing – Surplus and Reallocation of Property from GRNRA, in exchange for the Surplus and Reallocation of property from Van Doren’s Landing Park, and to Lift Restrictive Covenants, all in Support of Levee Improvements along the Green River – Resolution - Adopt 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 City Council Meeting City Council Regular Meeting December 10, 2019 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. Approval of Minutes i. Committee of the Whole - Committee of the Whole - Regular Meeting - Nov 12, 2019 4:00 PM ii. Council Workshop - Workshop Regular Meeting - Nov 19, 2019 5:00 PM iii. City Council Meeting - City Council Regular Meeting - Nov 19, 2019 7:00 PM B. Excused Absence for Councilmember Larimer - Approve C. Kent Springs and Pump Station #4 Electrical Upgrades Project - Accept as Complete D. 640 Pressure Zone - Pressure Reducing Valve Project - Accept as Complete E. Service Club Ballfields Drainage System Installation - Accept as Complete F. Write-offs of Uncollectable Accounts - Authorize G. Goods and Services Agreement with Cintas Corporation for Linen Services - Authorize H. Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt I. Ordinance Amending Kent City Public Contracting and Procurement Code - Adopt J. Letter of Support for RapidRide I - Authorize K. Letter of Support for the Renton/Kent/Auburn Area Mobility Plan - Authorize L. Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan Phase 3 Contract - Authorize M. Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks Conditional Letter of Map Revision (CLOMR) to FEMA - Authorize N. Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Replacement - Authorize City Council Meeting City Council Regular Meeting December 10, 2019 O. King County Flood Control District Subregional Opportunity Fund Grant Acceptance for the Lake Fenwick Aerator Improvements - Authorize 9. OTHER BUSINESS A. Suspension of Council Rules and Election of Council President - Action 10. BIDS A. Riverbend Driving Range Improvements Phase 1 Project - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining as per RCW42.30.140(4)(a) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 1 | P a g e Administration • Congratulations to Councilmember Zandria Michaud, who joined the City Council on Tuesday, November 26, and thank you again to Dennis Higgins for his 10 years of service. • Some people have wondered aloud why committee of the whole meetings are on the 1st and 3rd Tuesdays in December (rather than the usual 2nd and 4th Tuesdays) and why the council meeting is on the 2nd Tuesday. City ordinance specifies the council meets on the 1st and 3rd Tuesdays of every month except December, when it meets the 2nd Tuesday. • The City Council’s 2020 retreat is scheduled for Friday, February 7, and Saturday, February 8, 2020. • Kent Sister Cities Association hosted their year-end wrap up Thursday, December 5 in Council Chambers from 6:00 to 8:00 pm. Highlights of the evening were PowerPoint presentations from the Youth Ambassadors that traveled to Tamba (Japan), Sunnfjord (Norway), and Yangzhou (China) this summer. Communications • We have begun working on the 2020 communications plan which highlights both external communications and an internal communications strategy. • We will be working on offering social media, communications and public speaking training for employees in 2020. • We have reformed the city’s communications team and increased meeting frequency across departments. • We are revamping our social media strategy across our platforms. Neighborhood Program • Cindy Vu, new GIS intern in the Mayor’s Office, started on Monday, December 2. Cindy will be working on mapping our historic aspects in the North Park and Kent SODO neighbors. Both North Park and Kent SODO are neighborhoods that were established back in the late 1800’s or early 1900’s. This is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. We are happy to have received a grant from 4Culture. Thank you 4Culture! • Kent 101, Your Guide to City Government, launched on December 1. Kent 101 is a free program that offers emerging community leaders the opportunity to better understand how local government works through lectures and interactive activities and tours. Classes start February 5 through March 11 with graduation on March 17. The class is filling up quickly. Go to https://www.kentwa.gov/residents/kent- 101 and sign up today. ADMINISTRATION December 10, 2019 5.B Packet Pg. 4 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 2 | P a g e Current Planning • Assisting the public is a big part of planners’ jobs. Every day one of our planners is available specifically to answer questions about property development, city code, and the permit process. Planners are also responsible for posting public notices, and collecting and responding to public comments on projects. Staff recently contacted the family of a car accident victim to help facilitate placement of a permanent memorial plaque replacing an informal memorial that was to be displaced by a development project. This is customer service above and beyond. Rental Housing Inspection Program • RHIP staff are working with landlords of the remaining properties in NE Kent to ensure failed inspection items are repaired in time for business license renewal in January. If all these properties pass their re- inspections, only 6 non-responsive properties will require code enforcement efforts in January. • In addition to helping improve the health and safety of rental units in the city, the RHIP is also generating permit and business license revenue. RHIP efforts in 2019 improved the business license compliance rate for multi-family properties by 44% and generated $2,000 in regular license fees, before the RHIP license fee takes effect in 2020. Approximately $30,000 in permit revenue was generated from RHIP-required repairs in 2019. Economic Development/Long Range Planning • Economic development and long-range planning met with Lake Washington Partners, an ownership group with assets in the valley, to discuss the Rally the Valley project and its goals in greater detail. • In mid-November, economic development staff attended a meeting of the Partnership to Advance Youth Apprenticeships (PAYA). Participants included educators from Renton, Yakima, Tukwila, and also Kent- based apprenticeship providers like ANEW and AJAC, to discuss advancing youth apprenticeships in manufacturing and the trades - and additionally, to discuss promoting the apprenticeship model to other applicable industries throughout the state. • Economic development met with the Executive Director for the Center for Advanced Manufacturing in Puget Sound (CAMPS) to discuss plans for their first ever manufacturing trade show at the accesso ShoWare Center in Kent planned for 2020, as well as their latest efforts to help guide the regional workforce development conversation. • ECD staff hosted the second of three Regional Trails Study Steering Committee meetings. Attendees included Parks, Public Works, and ECD staff, as well as representatives from King County Metro, King County Parks, City of Pacific, and a local bicycle manufacturer. The consultant team presented draft trail cross-sections, trail typologies and design concepts - and will refine these items based on steering committee feedback for the final draft later this month. • ECD staff attended the 2019 K4C Steering Committee meeting and received information regarding voting for 2019 International Energy Code amendments, and is available to provide information to anyone looking for guidance on voting (due 12/5). Staff is also available to share information on the proposed Clean Fuels Standard for Washington State and refreshed K4C Joint Partner Commitments. Permit Center/Building Services/November Statistics ➢ Inspections - 1284 ➢ Applications Received – 440 ➢ Permits Issued – 417 ➢ Plan Reviews Completed – 693 • As of December 2, the Permit Center is pleased to welcome David Biesman as our new Office Tech III. David is a local Kent resident and brings many years of administrative experience to our front counter. We are excited to have him as a new member of our ECD family! • Michelle Blubaugh will now be able to give up her dual role as a Permit Tech and Office ECONOMIC AND COMMUNITY DEVELOPMENT 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 3 | P a g e Tech, and fully devote herself to in to her Permit Tech role. We are excited to have her skill set added to our already strong team of Permit Technicians. • New technology is on the horizon in the Permit Center with the roll-out of QLess in early 2020. This application will help customers manage their appointments in the Permit Center, creating an improved customer service experience • Each year Moody’s (a credit rating agency) issues an Issuer Comment Report on the city of Kent. The Issuer Comment Report provides investors with a consolidated source of current credit metrics, including updated economic, demographic, and financial information. Additionally, the report helps to keep us informed of the key credit metrics which underpins the city’s credit profile. To create the report, Moody's utilized the city's audited financial statements, government data resources and their own databases. The report was published on Moodys.com on November 22. There have not been any changes to the city’s credit rating. • Finance held the annual year-end training on November 19 and 20. We had great attendance from all the departments. This year the Accounts Payable deadline will be January 17, 2020. There are several other deadlines coming up as year-end draws nearer. If you missed the training or need further information, please contact Angie Fealy (ext. 5246) or Dan Leahy (ext. 5266). • Finance held our annual grant training on Tuesday, December 3. The grant training helps staff get ready to reconcile grants and prepare for year-end reporting. Benefits • Open Enrollment closed on November 15, 2019. Changes will be effective January 1, 2020 and will be reflected on the January 3 paycheck. • JDE testing for Open Enrollment mass update. • Audit Open Enrollment changes and provide updates to our carriers. • The “Step into Fall” Wellness challenge ended on November 30 with the following numbers: 94 participants, 12 teams, an average of 8,706 steps per day and a total of 40,918,206 steps. • LEOFF 1 Board Elections and Council Members Appointments- o Robert Holt reelected for a 2-year term; and, o Toni Troutner and Les Thomas have been reappointed by the Mayor for a 2- year term. • The Retiree Drug Subsidy Reconciliation is in progress. • Paid Family Medical Leave (PFML) city policy review and implementation. • Mapping current state of employee data in support of Workday (HR and Payroll) implementation. • Collaborating with Payroll on implementation of new W4 form for new hires and employee changes beginning 1/1/20. • Gathering responsive records for PRRs. • Managing FMLA cases. Recruitment • Oral board interviews for Parking Enforcement Assistant December 10-12. • Proctoring the computer assessment for Police Records Specialist on December 16. • New eligibility lists for Entry Level Corrections Officer and Entry Level Police Officer established on December 2. • Mapping current state for the recruitment cycle in support of Workday (HR and Payroll) implementation. • Multimedia Request System Replacement – • Replace the existing Avanti system with a new system that will be more stable and better supported, and easier to maintain. The Avanti replacement will need features like: direct to print/quick print, electronic job ticket board, enhanced billing and FINANCE HUMAN RESOURCES INFORMATION TECHNOLOGY 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 4 | P a g e invoicing capabilities, and improved web catalogue/online ordering. • Kent Valley Signal System Upgrade - • Upgrade the north Kent Valley with traffic signal system by replacing 5 traffic signal cabinets, 29 controllers and some fiber interconnect. IT involvement in this project will primarily be to provide input and recommendation on network architecture and configuration. Public Works Transportation will be responsible for the remainder of the work involved with replacing the traffic signal system. Information Technology operational support for November 19, 2019 to December 3, 2019 • Number of tickets opened – 204 • Number of tickets closed – 197 • 119 cases were originally set for trial in November. Of those cases, only 11 proceeded to trial. Unfortunately, an insufficient number of jurors responded to their jury summons, so only 2 trials were able to proceed. The 9 remaining cases were either continued to a future jury term or resolved through guilty pleas, and 1 was dismissed when the victim refused to appear and testify. • Misdemeanor prosecution statistics for November 1, 2019 – November 25, 2019: o 262 new cases were referred for filing. o 302 cases were filed by our office. Of those cases, 97 were rush filings due to the defendant being booked and held in custody. o 2 responses were filed in RALJ appeals before King County Superior Court. o 7 responses were filed to defense motions to suppress evidence or dismiss. Of those motions, 5 were denied allowing the case to proceed, and 2 have not yet been addressed. o 452 Body Worn Camera (BWC) videos were reviewed by prosecutors, with an average video length of 37 minutes each video (roughly 278 hours of video in total). With 7 prosecutors on staff, this equates to each of them watching BWC footage for approximately 2 ¼ hours each work day. • Continued to assist the Clerk’s office with public records requests, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the HR Department in a number of sensitive employment and labor related matters. Human Services • King County Housing Authority (KCHA) will be opening their Section 8 waiting list lottery February 12 – 25. They expect they will exhaust the current waiting list by the end of that month. After the lottery closes, 2500 individuals will be selected at random to move onto the official wait list. As background context, when they last opened the waiting list in 2017 there were 20,000 applicants. KCHA is planning extra outreach this time into some specific communities in hopes of getting a better representation of the population into the applicant pool. Alaskan/Native, Hispanic, Black, and homeless individuals were the under- represented groups that were identified. Flyers will soon be available, as well as tiered outreach training opportunities. • Staff continues to track developments related to the formation of a regional homelessness authority. King County Councilmember Jeanne Kohl-Welles has been leading an effort to propose changes to the original legislation in order to make it more palatable for suburban cities. The most recent proposal changes the proposed structure of the agency from a public development authority to an agency created through an interlocal agreement. Under the new proposal suburban cities would make up a quarter of the seats on the 12-person governing committee comprised of elected officials and community members representing lived experience in homelessness. The governing committee has also been granted more power - including the ability to fire the CEO, confirm the authority’s CEO and amend the budget LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 5 | P a g e (versus confirm or reject the budget in the previous plan). King County may vote on the new proposal as early as this week, while the Seattle City Council has not yet set a date to vote. The Regional Policy Committee is set to consider the plan on Thursday 12/5. • South King Housing and Homelessness Partnership (SKHHP) has hired Angela San Filippo as their Executive Manager. Angela has extensive experience as both a senior planner and long-range planner. She has lead a Comprehensive Plan update process, facilitated the development of the City of Ellensburg’s affordable housing program, is skilled in community outreach, and has policy development experience as well. The SKHHP Executive Board also passed a resolution urging SKHHP member cities to support pooling of HB 1406 funds. Pursuant to the SKHHP ILA, member cities have determined that HB 1406 is a powerful and meaningful funding source to further advance the efforts of the housing objectives established through the ILA, and if pooled would generate approximately $1,000,000 per year for the eligible 20-year period. Significant crime activities/arrests/investigations • On November 18, a suspect was arrested for Assault-2 DV after SWAT had to take over as the suspect, possibly armed with a knife, refused to come out. noise flash diversionary devices were deployed. A robot was sent in to confirm suspect was still inside. The male exited and was taken into custody. • On November 24, a suspect was arrested for Weapons Capable of Producing Bodily Harm and Carrying Firearms after brandishing a gun at a victim. Officers recovered the firearm and over 3 grams of Ecstasy. • On November 25, officers were dispatched to a vehicle parked on the lawn of 744 Woodford Ave N. Officers arrived and found the vehicle was stolen out of Snohomish County. Officers detained the male and he was found to have a loaded gun in his waistband. The male was identified as being wanted for an armed robbery out of Seattle. Seattle PD came and took custody. Major emphasis patrol • SOU posted and removed several people from a camp last week along Veteran's Drive, which was preventing city employees from completing their work. This week, they returned and coordinated with the jail crew and the city vegetation crew to get the area cleaned up. Events and awards • Officer Steffes received commendation from a KC Prosecutor in reference to the recent stabbing and rape incident he responded to with other officers. The compliment pertained specifically to his ability to shift from threat engagement to care-taking mode as he spoke to the female child victim in trauma. She relayed that his interaction with the victim would be considered as a stellar training example. • Citizen Commendation: On October 24, 2019, Lauren Kmiechick came upon a collision which had just occurred in the 23500 block of 104th Ave SE, in the city of Kent. Lauren is currently employed as a nurse at Valley Medical Center. She stopped to render aid. and found that a pedestrian attempting to cross 104th Ave SE had been struck by a passing vehicle. She assessed the victim’s injuries and began to render aid, including stabilizing the patient’s head and neck, until the arrival of Fire/EMS units. Lauren is being commended for her quick actions which helped to stabilize the patient who was later transported to Harborview Medical Center with non-life- threatening injuries. Land Survey/GIS • Survey field staff have been staking active construction for the 224th Phase II, 228th Grade Separation and the 4th Ave./Willis Street utilities. • Survey field staff have also been providing design topography for the next phase of the Lake Meridian Estates storm project and POLICE PUBLIC WORKS 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 6 | P a g e wetland flag locations for the Parks Department as their schedule allows. • The GIS/Survey Technician has been updating water meter, water valve and backflow assembly locations. • Land survey office staff have been calculating boundaries/right of ways for current and future levee projects. • GIS supervisor has provided comment and professional insight on the importance addressing/parcel numbers to the Amanda permitting system project team. • GIS coordinator continues supporting the CityWorks implementation in Operations three-to-four days a week. • GIS analysts are developing web applications, working through the as-built backlog and providing data for public records requests. • GIS interns will be starting work this month in GIS, Transportation and Mayor’s office. Construction LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2) • PSE is pulling wire and setting new poles for power conversions. • Completed the concrete pedestrian barriers for the new culvert over Garrison Creek. Barrier slab pours will take place on Tuesday and Thursday this week. • Topsoil and street tree planting is ongoing • The first lift of asphalt paving is complete. Final paving will be completed after this winter as weather permits. • Work on the project’s storm water detention pond at 218th & 88th is ongoing. Installation of the ponds liner system will continue for the next few weeks, as weather permits. • Despite completion of first paving lift S 218th St from 93rd to 94th Pl remains closed. Work will continue under the closure through the week of December 9. • A ribbon cutting ceremony for the project will be on December 11 at 10:00 AM. 228th St Union Pacific Railroad grade separation ground improvements and embankments (Ph 4 of 5) • The 60-day settlement period for both bridge approach ramp embankments continues through the end of the year. 228th St Union Pacific Railroad Grade Separation Bridge and Roadway (Ph 5 of 5) • The first of four-concrete storm water detention vaults were set last week on the west end of project. Installation of the remaining three vaults will continue for several weeks. The expectation is to be done prior to February. • Placement of lightweight geofoam fill beneath the future alignment of the Interurban trail is ongoing. • Cast in Place Pipe (CIPP) lining in lieu of replacement for the section of sewer main at 228th and 76th is being scheduled with the subcontractor. This pipe repair method will greatly decrease traffic impacts on 76th Ave. • Wall SW3 (Geofoam under trail connector) construction continues this week. • Contractor preparing bridge columns and foundations for bridge structure work to begin in December. • The full closure of S 228th St from 72nd Ave S to 76th Ave S (4th Ave N) with detour will continue to be in place for approximately 2 years. • The Interurban trail is temporarily open for use, and will remain open until this winter when the contractor begins preparation for setting the bridge girders when the trail will close again for an extended duration. There is no access to either direction of S 228th St. from the trail outside of the fenced pathway due to this being an active construction site. Green River Natural Resource Area (GRNRA) Storm Water Force Main • Contract work is complete except for the connection to the existing catch basin on Russell Rd and associated restoration. This connection and associated restoration work will be taking place over the next 2 weeks. • A full closure of Russell Rd with detour has been implemented and will be in place from Monday, December 2 through Friday, December 6 during daytime hours. • Valley Creeks FEMA CLOMR – A consultant services agreement with NHC is going before the Committee of the Whole on Tuesday December 3 for the Valley Creeks FEMA CLOMR project. The goal of the 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 7 | P a g e project is to prepare a Conditional Letter of Map Revision (CLOMR) to FEMA to reduce FEMA’s mapped floodplain in the Kent Valley related to flooding from the Kent Valley Creeks System. This system includes Mill Creek, Springbrook Creek, and Garrison Creek. • Summit Landsburg Road Culvert Replacement at Rock Creek - Habitat Conservation Measures 5 (HCM 5) – A consultant services agreement with Otak, Inc. is going before the Committee of the Whole of Tuesday, December 3 for the Summit Landsburg Road culvert replacement at Rock Creek, located within the city’s Clark Springs watershed east of the city of Maple Valley. The project will replace three existing culverts with a proposed bridge to improve fish passage, reduce flood risk, and to improve conveyance and storage of the Rock Creek channel. This habitat improvement project is a requirement of the city to operate and maintain its water supply at the city’s Clark Springs watershed. • Lake Fenwick Aerator Improvements - A King County Flood Control District (District) Sub-regional Opportunity Fund Allocation Acceptance for the project is going before the Tuesday, December 3 Committee of the Whole. The goal of the project is to improve water quality at Lake Fenwick to address excessive algae growth in the lake. Lake Fenwick is listed as an “impaired water body” by the WA Dept. of Ecology. As such, funds from the District’s Sub regional Opportunity Fund will be used to advance the project designs, with the goal of construction in 2020. • Signature Pointe Levee discussion on Monday, December 2, will plan for the $55 million project, to be able to move forward expeditiously to complete the levee improvements within the Flood Control District’s expectations. • Lower Russell Levee – construction progress is continuing Phase 1 of the Lower Russell Levee. • Phase 1 construction work includes the watermain, concrete floodwall, and work near the KOA campgrounds. • Construction work at the KOA to replace their camp sites impacted by the project has started. • Work on the Dvorak Barn is continuing. The barn’s concrete foundation has been poured and the contractor is working on the barn’s internal wood framing. • Staff presented to the West Hill Neighborhood Association on Thursday, November 21. Topics included: o Recycling; o What not to flush; and, o Stormwater pollution prevention. The presentation went so well that two additional presentations were requested for other groups. • Staff is working with Republic Services on various issues related to the contract with the city, including decreasing the significant number of overweight garbage trucks. Design 212th East Valley Highway to 72nd ▪ Design drawings were completed and sent out for review. Estimate and specifications are in detailed technical review. Planning to send design drawings and additional applications, prospectus, local agency agreement, etc. to WSDOT for review December. Preparing to advertise project by the end of January. 4th and Willis Roundabout ▪ Channelization plans are in review by WSDOT. Meeting with WSDOT scheduled for December 5 to discuss traffic control. WSDOT sent surplus property transfer documents to Kent, we have requested necessary checks. Discussed construction detour phasing options and planning to present after ELT to Major Projects next week. Second public open house scheduled for January 9. SEPA Determination of Non- Significance (DNS) decision received November 22, comment period ends December 6. Expect 90% design by December 17. Meet Me on Meeker Projects ▪ Meet Me on Meeker – Team performing detailed technical reviews, quality checks and coordinating construction phasing and duration. 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 8 | P a g e ▪ Meeker frontage improvements from Russell to GRE development (PSRC funds) design concurrent to above project. Design will be placed on the shelf until funding becomes available for construction. 76th Street Projects ▪ Road Raising – Project was awarded $2.5 million from the TIB (Transportation Improvement Board) on November 22. SEPA has been submitted to planning. Right-of-way team has secured temporary construction permits for work on private property. Landscaping design in progress. 2020 Overlays • Received list of locations for contracted and in-house overlay locations. Design drove locations last week for public notification. Meeting scheduled to review locations and plan to finalize confirmed locations. Streets • Street maintenance crews are doing two hot patch repairs, one on Frager Rd S and the other on a driveway on E Meeker St as well as a sawcut for removal on State Ave N. Crews will also be grinding and repairing sidewalks on S 216th St, SE 240th, SR 515, cleaning sidewalks and shoulders on SE 212th St and Russell Rd and sealing patches on 132nd Ave SE. The concrete crew will be backfilling sidewalk and strip forms, preparing and pouring concrete for ADA landing and backstop on E Meeker St. • The Street signs and markings team are installing signs and bases for the retro- reflectivity program, replacing signs on S 277th and installing bases and signs on S 246th Pl and on 108th Ave SE. Crew will be setting out traffic control for Winterfest downtown and sign inventory and GIS training on SE 256th St. The Solid waste crews will be removing debris and illegal signs on 80th Pl S, Hwy 99 and S 262nd St and assisting vegetation with homeless camp clean up at the Leber property. • Water vegetation crews will be performing maintenance at Kent water sites and drainage areas city wide. The sidearm crew will be installing rock tips in a roundabout on SE 223rd Dr, repairing fencing at SE 274th St and sidearm mowing on Kent streets. Street vegetation will be performing general maintenance and clean up in the mow strips on W Valley Hwy, as well as performing limb clean up at the golf course on W Meeker St, removing trees on E James St and on 132nd Ave S and replanting traffic islands on S 240th St, at the accesso ShoWare Center on W James St, S 204th St, SE 256th St, 111th Ave SE and SE Kent Kangley Rd. Wetland maintenance crews will be performing general maintenance at Mallory Meadows, Brookside Court and Boeing wetlands and the wetland mitigation crew is planting and working with the litter crew at the Leber property on S 262nd and performing maintenance at Alvin’s Pond and on Frager Rd. They are also staging and transplanting plants and weeding at the GRNRA Nursery and planning the Meeker St and State St planting. The holding pond crew is clearing blackberries at the SR516 Pond 1, tree removal at Stonepine East, Roses Meadow Wetland, Matheson Tract A, Murphy’s Landing and the Boeing pond on 68th Ave, clearing vegetation at Kangley Pond on Kent-Kangley Rd and pruning hedges and bushes at Cambridge on 46th Ave S, Highland Crossing and Sunnfjord. Water • Crews are working on two water facility upgrades and a new sodium hydroxide chemical feed pump for pH adjustment is being installed, including the wiring, programing and a control system upgrade. The project is kicking off at our Kent Springs facility out in Maple Valley and hydrant repairs continue on the hydrants found leaking during our water leak detection survey. • Water staff are working on fall/winter maintenance activities. Dead end water main flushing to maintain water quality in the distribution system is ongoing with water main cleaning getting set to kick off. This year’s water main cleaning will focus on the southern Kent East Hill. Fourth quarter disinfectant byproduct sampling is taking place in the water distribution system. Storm/Sewer • Storm crews will be changing out a manhole at S 226th St, repairing the spillway at Orchard Park, performing National Pollutant Discharge Elimination System (NPDES) 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) 9 | P a g e pumping on 119th Dr SE, SE 276th Pl and on 127th Ave SE and assessing on 132nd Ave SE. Crews are also performing the quarterly testing of citywide decant sites, cleaning scuppers on E Valley Hwy and S 212th St, cleaning catch basins on the bridge decks, removing leaves from storm drains on S 196th St, SE 208th St and on SE 256th St, repairing a rolled curb on SE 264th Pl, digging ditches on 116th Ave SE, 108th Ave SE and at 26461 104th Ave SE and pond maintenance at 20717 105th Pl. • Sewer crews are cleaning existing sewer lines on 43rd Ave S and on S 248th St, TV inspections on S 224th St, W James St and on 68th Ave S. Crews will be clearing the easements on 108th Ave SE and on 228th St, performing manhole frame and lid change outs on the East Hill, changing oil and filters on the generator lube oil systems at various pump stations, and replacing the pump seal and cleaning the force main at Mill Creek. Fleet/Warehouse • Fleet is finishing up the 2019 vehicle emissions testing (emissions testing will no longer be required in 2020), receiving new vehicles and putting them into service as well as finishing up seasonal prep work for the trucks, sanders and plows in anticipation of winter weather. Also processing 72 vehicle recalls, one vehicle is out for body repair and two for transmission repair. Finishing yearly inspections and preventative maintenance. The radio shop is programming new radios and checking vehicle electronics. • Warehouse staff continue with CDL training, fulfilling work orders, maintaining supply levels, haul spoils as time and equipment availability allow and repairing small equipment. # # # 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Standing Committees, Council, and Staff) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Public Hearing – Surplus and Reallocation of Property from GRNRA, in exchange for the Surplus and Reallocation of property from Van Doren’s Landing Park, and to Lift Restrictive Covenants, all in Support of Levee Improvements along the Green River – Resolution - Adopt MOTION: Adopt Resolution No. ______ that declares property within the Green River Natural Resources Area and Van Doren’s Landing Park as surplus and authorizes the reallocation of those properties between the Public Works Department and the Parks Department as described in the Resolution and in support of the Lower Russell Road Levee Improvement Project, authorizes the Mayor to take all actions necessary to remove any use restrictions from the properties as necessary to allow the Project to be constructed as designed, and authorizes the Mayor to take all other actions and sign all documents as may be necessary to fully implement the provisions of the Resolution and the authorized land reallocation. SUMMARY: Before real property can be declared surplus and put to another use, and before restrictive covenants can be removed from public property, state law and city code require a public process1. This public process has been combined into a public hearing set before Council tonight. Once the public hearing is opened, staff from the Public Works Department and Parks Department will present a joint description of the project and describe the land reallocation contemplated. After the land reallocation is complete and the associated Lower Russell Road Levee flood control project is fully constructed, both the Parks Department and the drainage utility will realize a net increase in overall land square footage—the Parks Department by a net land increase of 0.58 acres, and the drainage utility by a land increase of 3.01 acres. This net increase will be provided through the transfer of property from the King County Flood Control District to the City. Both properties—the GRNRA property and the existing Van Doren’s Landing Park property—are encumbered by use restrictions imposed by King County through grant funds awarded to the City previously to assist with the properties’ original acquisition. Through preliminary discussions with King County, it appears agreement will be able to be obtained to find that either the post-construction use 1 Utility surplus (RCW 35.94.040), Real property surplus (Ch. 3.12 KCC); Restrictive covenant removal (RCW 35A.21.410) 6.A Packet Pg. 13 of the property is consistent with grant agreement’s use restrictions, or the use restrictions can be satisfied through conversion and placement on replacement property that will be provided to the City by the King County Flood Control District under the parties’ July 26, 2019, Interlocal Agreement. The resolution proposed for Council adoption is intended to be all encompassing and would authorize the Mayor to surplus and reallocate land as described in detail in the resolution, and to take all actions and sign all documents necessary to implement the resolution, complete the land reallocation, and negotiate with King County to remove use restrictions as necessary to allow the Lower Russell Road Levee Improvement Project to be constructed as designed. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (PDF) 2. Exhibit A - Lower Russell Phase 2 - Land Reallocation (PDF) 6.A Packet Pg. 14 1 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land RESOLUTION NO. ___________ A RESOLUTION of the City Council of the city of Kent, Washington, that: (1) declares approximately 7.21 acres of land included within the City’s Green River Natural Resources Area surplus to the City’s drainage utility; (2) authorizes the reallocation of that surplus land from the drainage utility to the City’s Parks Department to be used for a relocated and reconstructed Van Doren’s Landing Park; (3) conditions the reallocation of the drainage utility surplus land upon the similar surplus and reallocation of the existing Van Doren’s Landing Park, approximately 10.22 acres in size, to the City’s drainage utility to be used for construction of flood protection amenities, a back channel, and habitat restoration in support of the Lower Russell Levee Improvement Project; (4) further conditions the reallocation of the surplus park land upon the City’s future receipt of additional land, approximately 3.59 acres in size, from King County, which is necessary to relocate and reconstruct Van Doren’s Landing Park; (5) authorizes the Mayor to take all actions necessary to remove any use restrictions from the surplus lands, whose removal is required to allow the Project to be constructed as designed, subject to the approval of the agency imposing the use restrictions; and (6) authorizes the Mayor to take all other actions, and sign all documents, deeds, easements, and agreements as may be necessary to fully implement the terms of this resolution and the reallocation of land between the City’s drainage utility and the City’s Parks Department. RECITALS A. The City and the King County Flood Control District (“Flood District”) have been cooperatively working together to improve the levee 6.A.a Packet Pg. 15 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 2 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land system along the Green River that runs through Kent. The Lower Russell Road Levee Improvement Project (“Project”) is located on the right bank of the Green River between S. 212th Street and Veteran’s Way. B. The Project documents provide for the City’s existing Van Doren’s Landing Park to be relocated to accommodate the Project. To allow for relocation and reconstruction of Van Doren’s Landing Park, City staff proposed an administrative land reallocation between the drainage utility and the Parks Department, whereby existing park land could be utilized for construction of flood protection amenities, a back channel, and habitat restoration area to support the Project, and drainage utility land could be utilized to house the relocated Van Doren’s Landing Park constructed by the Flood District as part of the Project. After the land reallocation is complete and the Project is fully constructed, both the Parks Department and the drainage utility will realize a net increase in overall land square footage—the Parks Department by a land increase of 0.58 acres, and the drainage utility by a land increase of 3.01 acres. C. The quality of land being reallocated between the Parks Department and the drainage utility is comparable, and through this resolution and future property transfers to be received from the Flood District under the terms of the parties’ July 26, 2019, Interlocal Agreement for Acquisition, Conveyance of Easements, Design, Permitting, Construction, Operation, and Maintenance (“Construction ILA”), both the Parks Department and the drainage utility are receiving land greater in square footage than is being reallocated to the other. D. Although the actual square footage being reallocated between the Parks Department and the drainage utility is different—10.22 acres of park land being reallocated to the drainage utility in exchange for 7.21 acres of drainage utility land being reallocated to the Parks Department—the Parks Department will receive additional consideration, including: (i) the future 6.A.a Packet Pg. 16 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 3 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land receipt of an additional 3.59 acres of land King County will transfer prior to completion of the Project to be added to the GRNRA surplus land to house the relocated Van Doren’s Landing Park; (ii) a reconstructed Van Doren’s Landing Park with new recreational amenities that include a Mount Rainier- themed play structure, a Wiffle ball field, and a pickle ball court; (iii) a new and wider boat launch to be built on drainage utility land; (iv) the retention of recreational access on the surplus park land, including the construction of a new observation tower and new nature trails; (v) a new separated Green River Trail that will increase public safety and the trail’s recreational quality; and (vi) the continued preservation of open space. E. Both the surplus park land and the surplus GRNRA land are encumbered by restrictions imposed by grant funds the City previously received to assist with the properties’ original acquisition. The current Van Doren’s Landing Park was acquired using King County forward thrust funds, which imposed use restrictions in exchange for that funding. The City believes these use restrictions are consistent with the use to which the current Van Doren’s Landing Park land will be put after the Project is fully constructed, but formal agreement will be needed from King County. F. The GRNRA surplus land also has use restrictions imposed due to it being acquired with grant funds through King County’s 1993 Regional Conservation futures Acquisition Program and King County’s Department of Metropolitan Services Regional Shoreline Fund. These restrictions provide that the entire GRNRA, including the surplus GRNRA land reallocated here, be preserved for shoreline public use and recreation purposes, habitat conservation, and uses consistent therewith, unless King County as the granting agency consents to a change in use. For most of the surplus GRNRA land, King County has preliminarily consented to a change in use or otherwise determined that the current and post-construction uses are consistent. However, King County has preliminarily advised the City that there are some active recreational elements that will be constructed on the 6.A.a Packet Pg. 17 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 4 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land surplus GRNRA land that do trigger conversion and the City’s responsibility under the grant agreements to provide replacement land. Preliminarily, the active recreation areas that trigger the City’s conversion and replacement responsibilities appear to involve land that is approximately 10,000 square feet in size. Through general discussions with King County, it appears this requirement to provide replacement land may be able to be satisfied by restricting a portion of the future 3.59 acres of land the City will receive from King County under the Construction ILA. G. There are other use restrictions imposed by the state through a Governor’s Deed and grant agreements signed with the Recreation and Conservation Office that relate to the original acquisition and development of Van Doren’s Landing Park. However, in both instances, the state either advised the City in writing that the Project in its after condition is either consistent with those use restrictions, or where it is not, the change in use was authorized without triggering any need to provide replacement land. H. Both the City’s drainage utility and its Parks Department will be made whole through this reallocation of City land and the subsequent transfer of land from King County under the Construction ILA. The drainage utility will surplus for reallocation 7.21 acres of land to the Parks Department, but the drainage utility will be reallocated 10.22 acres of land in return—a net increase in land by 3.01 acres. While the land reallocation authorized through this resolution will initially result in the Parks Department receiving only 7.21 acres of land from the drainage utility in exchange for 10.22 acres of surplus park land, the Construction ILA provides for the Parks Department to receive an additional 3.59 acres of land from King County, which is necessary for the relocation and reconstruction of Van Doren’s Landing Park—a net increase in land by 0.58 acres. In both instances, once the Project is fully complete, both the drainage utility and the Parks Department will realize net increases in their overall land square footage. 6.A.a Packet Pg. 18 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 5 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land I. RCW 35A.11.010 authorizes the City to dispose of real property for the common benefit. When land was originally acquired for public utility purposes, and before that land can be leased, sold, or conveyed, RCW 35.94.040 requires that the City determine, after a public hearing and by resolution of the City Council, that the public utility property is surplus to the City’s needs. While the statute is silent concerning any process that is required for an internal reallocation of land, staff provided notice consistent with RCW 35.94.040. Notice was also given consistent with the City’s local surplus provisions, found in Chapter 3.12 of the Kent City Code. Finally, because both the surplus drainage utility land and the surplus park land are encumbered by restrictive covenants that limit their use, RCW 35A.21.410 also requires a public hearing before those covenants may be removed, vacated, or extinguished. The City combined these various public hearing requirements and set them to occur together at one public hearing before the full Council on December 10, 2019. Notice was posted, mailed, and a press release issued consistent with state and local law inviting all interested members of the public to the public hearing to learn more about the land reallocation and to speak in support or opposition of the surplus determinations and the removal of restrictive covenants. J. Staff consulted with the City’s State Environmental Policy Act (SEPA) Responsible Official who determined that the City’s administrative reallocation of land, which involves no property conveyance or otherwise modifies the fee title currently held by the City of Kent, does not trigger SEPA review. As additional information, SEPA review has already been conducted by King County as the SEPA lead agency on the Project, who evaluated the displacement, relocation, and enhancement of Van Doren’s Landing Park and issued a Determination of Non-Significant (“DNS”) on October 25, 2017. The City’s SEPA Responsible Official reviewed that DNS and opined that it was adequately analyzed by King County under its SEPA analysis. 6.A.a Packet Pg. 19 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 6 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land K. Having complied with state and local procedural requirements to surplus City utility and park land, and remove restrictive covenants from public land, the Kent City Council has determined that it is appropriate and timely to surplus 7.21 acres of drainage utility land included within the City’s GRNRA, and 10.22 acres of park land currently utilized in support of Van Doren’s Landing Park, and authorize the reallocation of one for the other, conditioned upon the City’s additional receipt of 3.59 acres of land from King County to support the relocation and reconstruction of Van Doren’s Landing Park. This resolution authorizes the Mayor to complete the internal land reallocation as the Construction ILA or Project schedule may require, to take all steps and sign all deeds, easements, and other documents necessary to complete the land reallocation, to remove all restrictive covenants or impose new restrictive covenants on replacement land as necessary to allow construction of the Project, and to take all other action necessary to implement the terms and conditions of the Construction ILA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2. – Public’s Best Interest. It is in the public’s best interest that the City proceed with the reallocation of land provided for by this resolution in support of the Lower Russell Road Levee Improvement Project. SECTION 3. – Surplus Declaration and Authorization of Land Reallocation. After the giving of timely notice as required by RCW 35.94.040 and KCC 3.12.050, a public hearing was held on December 10, 2019, at a regular meeting of the Kent City Council, to evaluate whether a portion of the 6.A.a Packet Pg. 20 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 7 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land drainage utility’s GRNRA, and the Parks Department’s Van Doren’s Landing Park, should each be declared surplus and reallocated to the other in support of the Lower Russell Road Levee Improvement Project. Having given due consideration, Council declares as surplus that portion of the GRNRA depicted in the attached and incorporated Exhibit A, which encompasses all or part of King County Tax Parcel Numbers 102204-9017, 112204-9017, 112204-9064, 102204-9191. 102204-9153, 102204-9024, 000620-0011, and 000620- 0017, totaling approximately 7.21 acres in size (“GRNRA Surplus Land”), and authorizes the Mayor to take all steps necessary to administratively reallocate the GRNRA Surplus Land from the drainage utility to the Parks Department. Council further declares as surplus Van Doren’s Landing Park, also as depicted in the attached and incorporated Exhibit A, which encompasses all or part of King County Tax Parcel Numbers 102204-9176, 102204-9196, 102204-9217, and 112204-9014, totaling approximately 10.22 acres in size (“Park Surplus Land”), and authorizes the Mayor to take all steps, and to sign all documents, necessary to administratively reallocate the Park Surplus Land from the Parks Department to the drainage utility. The land reallocation authorized in this resolution shall be completed at a future date determined by the Mayor to be appropriate in order to comply with the Construction ILA or to otherwise maintain the Project schedule. SECTION 4. – Consideration to be Paid. The Council finds and declares that the land the drainage utility and the Parks Department each receive through this administrative reallocation, together with other consideration provided for in the Construction ILA, provides sufficient consideration at least equal to or greater than the fair market value of the land determined to be surplus. Once the Project is fully constructed, both the Parks Department and the City’s drainage utility will have been made whole. SECTION 5. – Removal of Restrictive Covenants Authorized. After the giving of timely notice as required by RCW 35A.21.410, a contemporaneous public hearing was held on December 10, 2019, to additionally receive 6.A.a Packet Pg. 21 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 8 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land testimony on the subject of removing restrictive covenants from both the GRNRA Surplus Land, which covenants were secured by grant agreements where the City promised to preserve the land for shoreline public use and recreation purposes, habitat conservation, and uses consistent therewith; and from the Park Surplus Land, which covenants preserve the land under King County’s forward thrust grant program for park, recreation, and natural resource purposes. After due consideration, Council hereby authorizes the Mayor to take all steps and sign all documents necessary to obtain King County or any other agency’s consent as necessary to authorize a change in use or to otherwise release any restrictive covenant on the GRNRA Surplus Land and the Park Surplus Land to allow the Project to be constructed consistent with the Construction ILA. It is presently anticipated that conversion and replacement land obligations may exist with respect to approximately 10,000 square feet of the GRNRA Surplus Land, which will contain active recreation uses that conflict with existing restrictive covenants once the Project is fully constructed. The Mayor is expressly authorized to sign any document that places a substitute restrictive covenant on future land transferred to the City, once fee title is held by the City, or on any other City land the City and King County mutually agree is suitable. SECTION 6. – Ratification. Council ratifies all acts consistent with the authority of this resolution and prior to the passage of this resolution, and authorizes the Mayor to take all acts necessary, and to sign all deeds, easements, and other documents required, to implement, fulfill, and otherwise carry out the terms and intent of this resolution, subject to final document terms and conditions as the City Attorney may determine are appropriate and consistent with the authority granted herein. SECTION 7. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such 6.A.a Packet Pg. 22 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – 9 Lwr Russell Rd Levee Improvement Project Surplus and Administrative Reallocation of GRNRA Land and Park Land decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 8. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 9. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Drafts\Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee.docx 6.A.a Packet Pg. 23 Attachment: Surplus Property Resolution-Van Dorens Landing and GRNRA-Phase 2 Lower Russell Road Levee (2122 : Public Hearing – City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 1 of 14 6.A.b Packet Pg. 24 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 2 of 14 6.A.b Packet Pg. 25 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 3 of 14 6.A.b Packet Pg. 26 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 4 of 14 6.A.b Packet Pg. 27 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 5 of 14 6.A.b Packet Pg. 28 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 6 of 14 6.A.b Packet Pg. 29 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 7 of 14 6.A.b Packet Pg. 30 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 8 of 14 6.A.b Packet Pg. 31 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 9 of 14 6.A.b Packet Pg. 32 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 10 of 14 6.A.b Packet Pg. 33 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 11 of 14 6.A.b Packet Pg. 34 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 12 of 14 6.A.b Packet Pg. 35 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of KentPublic Works DepartmentEngineering DivisionEXHIBIT A - Page 13 of 14 6.A.b Packet Pg. 36 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, City of Kent Public Works Department Engineering Division EXHIBIT A - Page 14 of 14 6.A.b Packet Pg. 37 Attachment: Exhibit A - Lower Russell Phase 2 - Land Reallocation (2122 : Public Hearing – Surplus and Reallocation of Property from GRNRA, Pending Approval Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Date: November 12, 2019 Time: 4:03 p.m. Place: Chambers 1. CALL TO ORDER Council President Boyce called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Bill Boyce Chair Present Brenda Fincher Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Mayor Ralph was in attendance. 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson explained why there are so many items on today's agenda. Matheson removed item 4.A - Reappoint Michael Taskey and Bayard DuBois to the Arts Commission, from the agenda. A. Move to approve the agenda as amended. RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Troutner, Kaur, Larimer, Boyce, Fincher, Higgins, Thomas 4. COMMITTEE BUSINESS A. Reappoint Michael Taskey and Bayard DuBois to the Arts Commission - Confirm Removed from the agenda. MOTION: Confirm the Mayor’s reappointment of Bayard DuBois and Michael Taskey to the Kent Arts Commission for additional four-year terms that will expire on October 31, 2023. 8.A.1 Packet Pg. 38 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 2 of 19 RESULT: PULLED B. Ordinance Amending KCC 15.02 and 15.04 Regarding Adult Family Homes and Room Rentals - Adopt Erin George, Planning Manager, presented information on the Ordinance Amending KCC 15.02 and 15.04 regarding adult family homes and room rentals. George reviewed the goals to address complaints received. Staff researched state and federal laws, in addition to looking into what surrounding jurisdictions are doing. Staff reviewed the current Kent City Code provisions, including Housing Type, the general description of the housing type, the number of people allowed, where allowed and notes for each housing type. The proposed changes include removing Other Groups - a vague term from the definition, delete the Class I.B category, define "provider" to match the state's definition, and require a City business license as well as proof of a valid state license. Add a footnote to prohibit other residential uses from operating on the same parcel - ADU will only be allowed as part of the group home. A footnote will be added to allow parking for a spouse and children only. George provided details on addressing short or long-term room rentals. This proposal will change the term "boarding homes" to "short-term rentals," limit stays to less than 30 consecutive days, and limits rentals to a maximum of 3 rooms. George indicated these revisions are in line with surrounding jurisdictions. After a public hearing, the LUPB recommended approval. This ordinance concerns only single-family homes in single family neighborhoods. Councilmember Higgins informed the Council that complaints regarding a home in his neighborhood contributed to this ordinance amendment. Higgins indicated he would not be recusing himself from voting on this ordinance. George addressed concerns over not being able to contact owners of rentals to advise them of the proposed amendments. George indicted most of the landlords do not currently have a valid business licenses for the rentals. Staff intends on wrapping this program into the rental housing inspection program. 8.A.1 Packet Pg. 39 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 3 of 19 Higgins expressed his appreciation of staff working to find a balance of regulations and enforcement. MOTION: Adopt Ordinance No. ______, amending Chapters 15.02 and 15.04 of the Kent City Code relating to adult family homes and room rentals. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM C. Ordinance Amending KCC 15.02, 15.06, 6.07.020 and 6.07.050 - Sign Code - Adopt Planner, Kaelene Nobis presented the Ordinance Amending the City's Sign Code. Nobis briefed the Council on recent court cases regarding the regulation of signs. Nobis provided details regarding the revisions to the code regarding signs, location, material, signs on public v. private, and right-of-way signage vs private property signage. Nobis reviewed maintenance requirements and the change of the reference from political signs to signs advertising a special event. Signs need to be removed at the end of 7 calendar days at the end of the event - an election is considered an event. After the public hearing by the Land Use and Planning Board, approval of the code amendments was recommended. MOTION: Adopt Ordinance No. ______ amending 15.02, 15.06, 6.07.020 and 6.07.050 of the Kent City Code relating to the City's sign code. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM D. Ordinance Amending KCC 3.16 - Sales and Use Tax for Affordable Housing - Adopt Human Services Manager, Merina Hanson presented information on the Ordinance Amending the Kent City Code Chapter 3.16 regarding sales and use tax for affordable housing. In the 2019 Regular Session, the State passed Substitute House Bill 1406, creating an approved revenue sharing program for local governments that went into effect on July 28, 2019. House Bill 1406 provides a new affordable housing revenue stream for cities and counties. It is in the form of a credit against the state share of local sales tax. Current annual revenue/credit estimate for Kent is $185,000 annually, but is 8.A.1 Packet Pg. 40 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 4 of 19 not guaranteed. To secure funding, the City Council must pass legislation imposing the tax by July 27, 2020. There is no timeline to expend the funds and the City is considering pooling the funds with surrounding jurisdictions for a larger project. South King Housing and Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to work together and share resources to effectively address affordable housing and homelessness. Councilmember Thomas requested the motion be revised to reflect that there is no new tax. MOTION: Adopt Ordinance No. ________, in accordance with RCW 82.14.540, which authorizes a tax credit against state sales tax that is already collected resulting in no additional taxes to consumers and which provides the tax be used for affordable and supportive housing, and authorize the Mayor to use the funds and to pool resources with South King Housing and Homeless Partners. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM E. 2019 Annual Docket - Adopt Long Range Planner, Hayley Bonsteel provided a recap of the 2019 Annual Dock that included three site-specific requests. Zoning Code Amendments suggested by staff are an annual "housekeeping " amendment and electric vehicle and bicycle parking update. Bonsteel detailed the Comprehensive Plan Land Use Map Amendments requested from the public. MOTION: Adopt the 2019 Docket as proposed by staff. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM F. Department of Commerce Grant for Housing Action Plan - Authorize Long Range Planner, Hayley Bonsteel provided details regarding the Department of Commerce Grant for a Housing Action Plan. In 2019, the State Legislature enacted HB 1923 which created a grant 8.A.1 Packet Pg. 41 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 5 of 19 opportunity made available to cities in Washington State for the purposes of encouraging an increase in urban residential building capacity. Six South King County cities (Auburn, Burien, Federal Way, Kent, Renton and Tukwila) submitted a grant application with a request of $100,000 for each city, with a unified intent to contribute approximately $15,000 - $20,000 to a collective pool of money that would be used to develop a Sub-Regional Collaborative Housing Action Plan Framework. Kent will retain approximately $80,000-$85,000 to utilize for housing policy development within its own boundaries, as will the other five cities, and these city-level Housing Action Plans will all begin with the same data, background, and decision-making framework. Because this collaborative work will require each participating city to pool a portion of their funds, a joint account will be set up. All participating cities will be represented on a staff group, which will utilize consultants in addition to significant staff time. Kent staff will be coordinating this effort and will oversee the project including disbursement of the grant funds. Mayor Ralph acknowledged Hayley for coming up with pooling plan for South King County cities. MOTION: Authorize the Mayor to accept forthcoming grant funds in the anticipated amount of $100,000 from the Washington State Department of Commerce for a Housing Action Plan, to take all necessary steps to finalize a grant award agreement subject to terms and conditions acceptable to the City Attorney, and to authorize the Mayor to direct $20,000 of those grant funds to a joint account between six South King County cities for a Sub-Regional Collaborative Housing Action Plan Framework, pursuant to the requirements of the existing SKHHP interlocal agreement. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM G. Lodging Tax Advisory Committee Grants - Award Economic Development Project Manager and staff to the Lodging Tax Advisory Committee, Michelle Wilmot, informed the Council on how the City receives Lodging Tax Funds and that the state requires funds be used for marketing purposes. The committee received 10 applications. Wilmot detailed each of the events that are being awarded funds for 2020. 8.A.1 Packet Pg. 42 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 6 of 19 MOTION: Authorize the Mayor to award the Lodging Tax Advisory Committee Grants and funding levels for applications submitted during the September cycle which meet the qualification guidelines set forth by the State of Washington. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM H. Appoint Erin McCallum to the Lodging Tax Advisory Committee - Confirm Economic Development Project Manager and staff to the Lodging Tax Advisory Committee, Michelle Wilmot advised that the committee membership is comprised of four members appointed by the City Council who represent businesses required to collect tax, and four members appointed by the City Council who are people involved in activities authorized to received revenue. Five applications were received, and the committee has selected Erin McCallum for a three-year term that will expire on September 11, 2022. MOTION: Confirm the appointment of Erin McCallum to the Lodging Tax Advisory Committee for a three-year term that will expire on September 11, 2022. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM I. Payment of Bills - Approve MOTION: Approve the payment of bills received through 10/15/19 and paid on 10/15/19 and checks issued for payroll 10/1/19-10/15/19 and audited by the Committee of the Whole on 11/5/19, and approve the payment of bills received through 10/31/19 and paid on 10/31/19 and checks issued for payroll 10/16/19-10/31/19 and paid on 11/5/19 and audited by the Committee of the Whole on 11/12/19. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM J. September 2019 Monthly Financial Report - Information Only Interim Financial Planning Manager, Michelle Ferguson provided details on the September 2019 Financial Report. K. Ordinance Amending Title 3 of the Kent City Code Relating to the City's Tax Provisions - Adopt 8.A.1 Packet Pg. 43 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 7 of 19 Finance Director, Paula Painter, advised that the Ordinance amending portions of Title 3 of the Kent City Code consolidates administrative provisions for all related taxes, aligns the City's B&O tax provisions with the model ordinance and adds various clarifications. MOTION: Adopt Ordinance No. ________, amending chapters 3.18, 3.21, 3.26, 3.28 and 3.29 of the Kent City Code to consolidate administrative provisions for all related taxes, align the City’s B&O tax provisions with the model ordinance, and add various clarifications. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM L. Resolution Authorizing Credit, Debit, eCheck Fees - Adopt Finance Director, Paula Painter, explained the need to adopt this resolution authorizing the City to assess service fees on debit, credit card or eCheck transactions. The City incurs significant costs associated with processing credit card, debit card, and eCheck transactions, and implementing a service fee is necessary means of avoiding those costs, which amount to over $700,000 annually. The service fee will be effective December 1, 2019. MOTION: Adopt Resolution No. ______, authorizing the assessment of service fees for processing credit card, debit card and eCheck transactions. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM M. Third Quarter Consolidating Budget Adjustment Ordinance - Adopt Finance Director, Paula Painter provided details on the consolidating budget adjustments made between July 1, 2019 and September 30, 3019. MOTION: Adopt Ordinance No. , consolidating budget adjustments made between July 1, 2019 and September 30, 2019, reflecting an overall budget increase of $12,002,345. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM N. 2019 Property Tax Levy Ordinance for the 2020 Budget - Adopt Finance Director, Paula Painter, provided details on the 2019 Property Tax Levy and indicated the ordinance levies a property tax increase of 1.0%, 8.A.1 Packet Pg. 44 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 8 of 19 which includes an increase of 1.0% on property, new construction and adjustments over the prior year. Councilmember Higgins indicated he was pleased to see that the City's Legislative Agenda includes an initiative to legislature to index property tax to inflation. MOTION: Adopt Ordinance No. , levying 2019 property taxes for the 2020 biennial budget. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM O. 2019-2020 Mid-Biennium Budget Adjustment – Ordinance – Adopt Finance Director, Paula Painter, indicated the 2019-2020 Mid-Biennium Budget Adjustment Ordinance creates budgets approved in 2019, update revenue forecasting, makes final modifications to cost allocations and provides for investing one-time dollars in capital. Revenue from utility taxes is consistently decreasing, so the budget associated with the reduction in those taxes has been amended. MOTION: Adopt Ordinance No. , relating to the mid- biennial review and modification of the 2019-2020 biennial budget. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM P. Ordinance Amending the Capital Facilities Element of the Comprehensive Plan for the 2020-2025 Capital Improvement Plan - Adopt Finance Director, Paula Painter, advised that the Capital Facilities Element of the Comprehensive Plan is amended concurrently with the adoption or amendment of the City's budget to reflect the updated 2020-2025 Capital Improvement Plan. The 2020-2025 Capital Improvement Plan identifies a six-year plan for capital improvement projects, including costs and revenue sources. MOTION: Adopt Ordinance No. , amending the Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital improvement projects (2020-2025) (CPA-2019-2). 8.A.1 Packet Pg. 45 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 9 of 19 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM Q. Ordinance Amending the Comprehensive Plan/Capital Facilities Element to Adopt School District Capital Facilities Plans - Adopt Long Range Planner, Hayley Bonsteel conveyed that the Kent City Code authorizes school impact fees on behalf of any school district that provides to the City a capital facilities plan. The plans are adopted by reference as a part of the Capital Facilities Element of the Kent Comprehensive Plan. The Kent, Federal Way, Auburn and Highline School Districts submitted the annual update to their capital facilities plans and the City Council held a public hearing on the plans. MOTION: Adopt Ordinance No. , amending the Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts (CPA-2019-1). RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM R. Ordinance Amending Kent City Code 12.13.160, School Impact Fees - Adopt Long Range Planner, Hayley Bonsteel advised that the Kent, Federal Way, and Auburn School Districts have requested amendment to the Kent City Code to reflect proposed changes to impact fees. The Highline School District has requested no impact fee for this year. MOTION: Adopt Ordinance No. , amending Section 12.13.160 of the Kent City Code to adjust the school impact fee schedules (CPA-2019-1). RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM S. Resolution Amending Kent City Code Fees - Adopt Planning Manager in the Economic and Community Development Department, Matt Gilbert went into details regarding the resolution amending permitting and business licensing fees. Gilbert advised, in 2016 the department adopted a budgeting model to recover 100% of costs related to permits. Gilbert reviewed the new fees being added: Rental Housing Inspection program $13 per apt unit cost 8.A.1 Packet Pg. 46 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 10 of 19 Fees for small cell telecommunication equipment + Franchise fees Councilmember Higgins indicated the 100% cost recovery is appropriate. MOTION: Adopt Resolution No. , amending new development, business licensing, and other miscellaneous fees and repealing Resolution No. 1941. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM T. Resolution Amending Kent Police Department and Correctional Fees - Adopt Commander McCuistion advised that after conducting an audit of the correction fees, it was determined that the commitment weekend fee was missing, so the resolution needed to be updated. MOTION: Adopt Resolution No. , repealing Resolution No. 1946, and adopting and amending Kent Police Department and Correctional Facility Fees. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM U. Consultant Services Agreement with Protingent, Inc. - Authorize Brian Rambonga, Project Manager in the Information Technology Department advised that this Consultant Services Agreement with Protingent - a recruitment agency, is for Information Technology positions through 2020. The department will monitor fees to ensure budget amounts are not exceeded. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Protingent Inc., in an amount not to exceed the previously established budget for all IT temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM V. Consultant Services Agreement with Scion Staffing Inc. - Authorize Brian Rambonga, Project Manager in the Information Technology Department advised that this Consultant Services Agreement with Scion - a recruitment 8.A.1 Packet Pg. 47 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 11 of 19 agency, is for Information Technology positions through 2020. The department will monitor fees to ensure budget amounts are not exceeded. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Scion Staffing Inc., in an amount that will not exceed the previously established budget for all Information Technology temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM W. Consultant Services Agreement with Viri Technology, LLC - Authorize Brian Rambonga, Project Manager in the Information Technology Department advised that this Consultant Services Agreement with Viri - a recruitment agency, is for Information Technology positions through 2020. The department will monitor fees to ensure budget amounts are not exceeded. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Viri Technology, LLC, in an amount that will not exceed the previously established budget for all information technology temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM X. Reappoint Carmen Goers to the Public Facilities District Board - Confirm Kurt Hanson, Director of the Economic and Community Development Department provided information on Carmen Goers and her banking expertise she brings to the board. MOTION: Confirm the reappointment of Carmen Goers to the Public Facilities District Board for an additional four-year term that will expire on August 31, 2023. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM Y. INFORMATION ONLY - Quiet Zone Update 8.A.1 Packet Pg. 48 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 12 of 19 Transportation Manager, Rob Brown presented an update on Quiet Zones as follows: · Reviewed the Train Horn Rule established by federal law · Different Methods to establish · Crossing modifications and Utilities and Transportation Approval · Construction · Quiet Zone Establishment Brown went over the general Quiet Zone schedule, the Union Pacific Railroad Schedule and the Burlington Northern Santa Fe Railroad Schedule. Councilmember Higgins explained that Quiet Zone updates were a standing item on the Public Works Committee. Higgins thanked Brown for the tremendous progress that has been made. The City has been discussing quiet zones for more than 10 years and that it is an economic development and quality of life issue for the City of Kent and that Kent deserves nothing less than what other cities have obtained. Higgins expressed appreciation of Rob Brown and the Mayor's work on quiet zones. Z. Resolution Adopting the 2019 Water System Plan - Adopt Environmental Coordinator, Evan Swanson recommended adoption of the 2019 Water System Plan. Swanson provided the overview as follows: 1. Demand 2. Supply 3. Resources 4. Operations and Maintenance 5. System Improvements and Prioritization of capital projects Swanson presented the history of Kent Water System plans and reviewed the approval process by City departments, state and county agencies and local agencies. The next update will not be required until 2029. Swanson advised comments on the plan were received from the majority of agencies that were provided an opportunity to review and provide comment. MOTION: Adopt Resolution No. , adopting the 2019 City of Kent Water System Plan. 8.A.1 Packet Pg. 49 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 13 of 19 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AA. INFORMATION ONLY - West Hill Water Tank Public Works Deputy Director Operations Manager, Dave Brock updated the Council on the West Hill Water Tank. The Department of Health is the regulatory agency that reviews existing and projected development. Improvements were designed to provide for adequate fire flow requirements. Brock indicated the improvements to the West Hill water tank have not been done to this point are due to the number of other water-related projects the City was required to do. Brock detailed the challenges of trying to acquire an alternate site for the water tank. AB. INFORMATION ONLY - West Hill Water System Capital Improvement Modeling Public Works Engineer, Drew Holcomb provided a review of the RH2 Engineering Contract for modeling. RH2 will prepare a modeling report that will be submitted to the Department of Health. In order to design a safe system, a modeling is required. AC. Surplus of Kronisch Property – Resolution - Adopt Public Works Deputy Director Operations Manager, Dave Brock advised that the Kronisch Property was acquired by the Parks Department in 1991 for $75,000 and no improvements have been made to the site. Public Works intends on using the property for a new West Hill Water Tank. The Hearing Examiner granted a conditional use permit to locate a water tank on the site. There are no encumbrances prohibiting siting of a water tank. Brock detailed the prior presentations to the Parks Committee, public hearings, neighborhood meetings, and presentations to the Council. The City will surplus the property from the Parks Department to the Water Utility. An appraisal was done in July that came back at $520,000. 8.A.1 Packet Pg. 50 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 14 of 19 MOTION: Adopt Resolution No. , transferring ownership of the Kronisch Properties from the City’s Parks Department to the Water Utility for use as a water storage tank site for the full appraised value of $520,000. Proceeds from the sale will be earmarked within the Park Capital fund and limited in use to advance park improvements, expansions, or acquisitions on Kent’s West Hill. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AD. Goods & Services Agreement with JCI Jones Chemical, Inc. for Water Treatment Chemical Supplies for 2020 - Authorize Water System Manager, Sean Bauer presented information on the contract with JCI Jones Chemical for water treatment chemical supplies for 2020. MOTION: Authorize the Mayor to sign the 2020 Water Treatment Chemical Supply Agreement with JCI Jones Chemical, Inc. for 25% Sodium Hydroxide and Gas Chlorine, in an amount not to exceed $101,100., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AE. Transportation Master Plan Goals - Adopt Senior Transportation Planner, April Delchamps detailed the update to the Transportation Master Plan. The overarching principle is to Develop a Transportation Master Plan that reflects the diverse perspectives and transportation needs of the community. Initial outreach objectives included: Awareness: What is the Transportation Master Plan? Input: What do you like or not like about the Draft Transportation Goals? How important are these goals to you? Phase 1 of the Public Outreach included: · Community Gatherings · Boards and Commissions · Library Events · Senior Activity Center · Online Engagement · Interview 8.A.1 Packet Pg. 51 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 15 of 19 The Transportation Advisory Board includes: · Kent boards/commissions · Business stakeholders · Residents · Kent Staff · Transit · Schools Draft Goals were reviewed by the public: · Strategy · Stewardship · Quality of Life · Connectivity · Placemaking Delchamps reviewed the goal development process used. MOTION: Adopt the Transportation Master Plan Goals. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AF. WSDOT Commute Trip Reduction Grant - Authorize Commute Trip Reduction Program Coordinator, Shivani Lal provided a review of the CTR 2019-2023 WSDOT Commute Trip Reduction Grant. CTR Program is state mandated program that provides for alternative modes of transit options and incentives. Lal reviewed the 2018 survey data and program benefits that include: · Reduce congestion · Improve air and water quality · Reduce transportation cost · Promote infrastructure Improvements · Attract and retain business and development MOTION: Recommend Council authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #PTD0124, for the term July 1, 2019 through June 30, 2023, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. 8.A.1 Packet Pg. 52 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 16 of 19 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AG. Mill Creek Reestablishment - Property Acquisition from Kent School District - Authorize Environmental Engineer, Melissa Dahl, detailed the property and easement acquisition with the Kent School District for the Mill Creek Restoration Project. The project will help reduce flooding adjacent to Mill Creek. This is a complex, multi-phase, multi-component project. The project is three miles in length that the City will need to access over an extended period. The purchase price is $18,000. MOTION: Authorize the Mayor to sign all documents necessary for the purchase of a portion of two parcels of land (APN 917960-1965 and 917960-2090), and a Storm Drainage Channel and Access Easement from the Kent School District, for the Mill Creek Reestablishment Project, in an amount not to exceed $18,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AH. Consultant Services Agreement with Jacobs Engineering Group, Inc. for GRNRA South Stormwater Pump Station Construction Services - Authorize Environmental Engineer, Stephen Lincoln, indicated Jacobs Engineering was the consultant on the project and as the designer they have the best institutional knowledge on the project. This contract is for the construction services for the GRNRA storm water pump station project. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jacobs Engineering Group, Inc., in an amount not to exceed $65,500 to provide construction support services for construction of the Green River Natural Resources Area South Pump Station, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.1 Packet Pg. 53 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 17 of 19 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AI. Amendment to Consultant Services Agreement with Gordon, Thomas, Honeywell for Legislative Lobbying Services - Authorize Chief Administrative Officer, Derek Matheson advised this amendment extends the City's contract with Gordon, Thomas, Honeywell Government Affairs for lobbying services for two more years at $75,000 per year. Matheson advised the City is very pleased with the lobbying services of Gordon, Thomas, Honeywell and Briahna Murray. MOTION: Authorize the Mayor to sign an amendment to the Consultant Services Agreement with Gordon, Thomas, Honeywell Government Affairs, subject to final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AJ. Milwaukee II Levee Improvement Project - Condemnation Ordinance - Adopt Property and Acquisition Analyst, Cheryl Rolcik-Wilcox provided a review of the Milwaukee II Levee Improvement Project Condemnation Ordinance. The property is owned by Drexel Investments/Skyway Towing. The City has been partnering with the King County Flood Control District to implement the project that will increase flood protection to the Kent Valley. The City contracted with Tierra Right-of-Way to handle the acquisition and relocation. Tierra sent an offer letter, the property owner responded with an offer based on their appraiser's value. The City increased their initial offer, but negotiations have stalled. The property owner engaged their own relocation services and have indicated they do not want to accept the City's offer. The right-of-way staff will continue to negotiate through outside council and will attempt to participate in mediation. 8.A.1 Packet Pg. 54 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 18 of 19 This ordinance allows the City to move forward with condemnation proceedings if/when we need to move forward. Boyce indicated he is hopeful the City can negotiate an agreement. Higgins expressed the need to complete the levy improvements for the benefit of the entire valley. MOTION: Adopt Ordinance No. , authorizing the condemnation of property rights necessary to construct the Milwaukee II Levee Improvement Project. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM AK. Signature Pointe Levee Improvement Project - Condemnation Ordinance - Adopt Property and Acquisition Analyst, Cheryl Rolcik-Wilcox provided a review of the Signature Point Levee Improvement Project Condemnation Ordinance. The City has been partnering with the King County Flood Control District to implement the project that will increase flood protection to the Kent Valley. Offers were sent to the Dejbods in June of 2019 and the Ostrovskis in July of 2019. The fair market value of the property is $40,000 for each parcel. The Dejbods have communicated with the City, but have not responded to the City's offer. Mr. Ostrovski has not personally responded to City's offer, but an attorney representing Mr. Ostrovski in a bankruptcy has indicated he has left the county. The City will continue to attempt to negotiate with the property owners. This ordinance allows the City to move forward with condemnation proceedings if/when we need to move forward. City Attorney, Pat Fitzpatrick advised it is in the City's best interest to negotiate a resolution. Boyce requested, that before filing condemnation proceedings, legal will inform Council. Higgins expressed the need to complete the levee improvements for the 8.A.1 Packet Pg. 55 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Kent City Council Committee of the Whole - Regular Meeting Minutes November 12, 2019 Kent, Washington Page 19 of 19 benefit of the entire valley. Troutner indicated it is important to continue to move forward on this project to show the King County Flood Control District that we are we are making progress on this project. MOTION: Adopt Ordinance No. , authorizing the condemnation of property rights necessary to construct the Signature Pointe Levee Improvement Project. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/19/2019 7:00 PM 5. ADJOURNMENT Council President Boyce adjourned the meeting. Meeting ended at 7:17 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 56 Minutes Acceptance: Minutes of Nov 12, 2019 4:00 PM (Approval of Minutes) Pending Approval City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Date: November 19, 2019 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Council President Boyce called the meeting to order at 5:02 p.m. Attendee Name Title Status Arrived Dennis Higgins Councilmember Present Les Thomas Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Excused Brenda Fincher Councilmember Present Toni Troutner Councilmember Present Marli Larimer Councilmember Present II. PRESENTATIONS 1. Parks and Urban Forestry Program Parks Department Deputy Director, Brian Levenhagen presented information on the importance of trees as a part of the City's public lands as follows: How do trees help accomplish Kent Park’s Mission? · Social equity and inclusion · Health and wellness · Public land and facility stewards · Environmental sustainability What opportunities exist for trees in Kent’s Park System? · Building and maintaining park assets is extremely important to activating parks · Trees are living assets · Go to parks to find places to play and picnic · A tree provides a shady spot, a playground, a place to hide, a fort, an opportunity to climb, a picnic spot and photo opportunity · Rest stop Trees role in natural areas: · Ecological benefits · Trees intercept Stormwater · Energy Conservation 8.A.2 Packet Pg. 57 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Kent, Washington Page 2 of 6 · Pollution removal · CO2 Reduction · Wildlife Habitat · Increase property values Parks Operations Superintendent, Garin Lee reviewed a tree’s requirements throughout its life cycle Challenges for Trees to thrive: · Development · Biological factors · Climate stress · Perception · Damage from improper care · Threats from illegal encampments Lee reviewed why an Urban Forestry Program will help restore, preserve, maintain trees while efficiently using resources to maintain the urban forest with a sensible, systemic approach, including: · Tree inventory · Best Management Practices · Policies · Staff/personnel Lee detailed the City’s current level of service on its urban forestry Lee reviewed details on how are we moving the Parks Urban Forestry Program forward? · Finish Parks Urban Forestry Management Plan · Work with consultants · Review what we have Parks interns Stacie Kessler and Alicia Jacquemin, provided a tour of the Davey Treekeeper inventory system and the I-Tree program that calculates tree benefits. Proper maintenance will allow trees to provide more beneficial results sooner for a longer period of time. Lee provided examples of the cost of not investing in Urban Forestry. Best management practices ensure the result meet the design intent. A completed Urban Forestry Plan ensures that the right trees are planted in the right place. We are losing the opportunity to engage and educate Kent residents in Urban Forestry 8.A.2 Packet Pg. 58 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Kent, Washington Page 3 of 6 · Outreach · Education · Interpretation If we want Kent to be healthier, happier, and more equitable, we must invest in Urban Forestry. Not doing so means we will continue to lose it. Next Steps include: · Finalizing Parks Urban Forestry Plan · Finish Park Tree Inventory · Consider Urban Forestry funding for 2021-2022 biennium budget cycle · Follow up with City Council in March in an expanded discussion about Natural Resource Management. Boyce expressed the need to pay close attention to Urban Forestry. Lee confirmed the City does not inventory or track trees on private property. Fincher requested street trees be included in the inventory. 2. Parks, Recreation and Community Services Comprehensive Recreation Program Plan - Final Presentation Parks, Recreation and Community Services Director, Julie Parascondola, provided an introduction of the Comprehensive Recreation Program Plan presentation. Parascondola advised that the Parks Department as a whole, over the next 4 years, is and will be going through extensive transformational change with a lot of mid/long term strategic planning occurring. This effort began with the Park Operations Division with their new LOS framework, followed by the Riverbend Golf Complex Business Plan completed in 2018 and the recently completed Marketing and Engagement Plan you’ll hear more about in July. Tonight, we will be sharing more on the Recreation Program Plan, later this next month we will begin launching the update to our 5-year Human Services Master Plan and Consolidated Plan and rounding it out in the biennium, with a new updated 20-year Facilities Master Plan which is starting late 2019. The need to think strategically is critical for the long-term success of our department. You are all aware that this department, both in the past and present day, has continued to receive the disproportionate share of budget reductions due to the City’s financial challenges and/or priorities. Unfortunately, in parallel, our Kent community has continued to grow in population, underserved residents need our support now more than ever, our youth throughout this City need our commitment to help guide them to 8.A.2 Packet Pg. 59 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Kent, Washington Page 4 of 6 success, the health of our community is at staggering levels of risk, ranking in the bottom throughout all of King County. We have high demands and unmet needs for our services and so on. Unfortunately, collectively, this places our department and staff in a constant defensive position in trying to balance needs versus funding. We need to actively work with our community to jointly make those hard decisions on what to focus our funding on, to right-size our services, programs and infrastructure to better align with the funding allocation provided to us. At the same time, internally, we need to evolve our mindsets and practices to be more entrepreneurial on how we plan and deliver our services, evaluate our performance and most importantly, how we continue to engage those we serve, in that decision- making and prioritization process. These plans we are bringing forward have had thousands of community feedback points from residents, we are analyzing industry and regional trends, best practices, our peers and more. They will guide our next phases of delivery but will also give staff the need framework and decision-making models to both pro-actively and re-actively divest in programs and services, if so mandated. Our department can no longer meet the needs of this community or absorb continued budget cuts without equivalent impacts to public services. We are here specifically today, to share a bit more about the development of our Recreation Program Plan, the first of its kind in Kent, which began in February this year with a goal to finalize in late August. Parascondola recognized and thanked the entire Recreation division for their willingness to engage in this type of process, for their transparency in sharing both their successes and their struggles, for their perseverance and fortitude in weathering consistent uncertainty and sticking it out with us and most of all for continuing to put Kent’s residents at the forefront of their delivery, many times sacrificing their personal time with their own families. It’s important that as our policy leaders, you all understand what we are asking of our recreation professionals in this new plan moving forward. The way that they are going to manage Kent’s programming framework and portfolio, only 3 other agencies’ in this state are similar in managing to that same level of excellence - out of 230+ recreation systems in Washington. It is the right thing to do for staff, it’s the right thing to do for our residents and I’m very proud of them and all they do for our community and I am personally excited to see them rise to yet another occasion to showcase their dedication and collective talents. Austin Hochstetler, the plan’s Project Manager with Pros Consulting started with a recap from the June presentation to Council that included information 8.A.2 Packet Pg. 60 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Kent, Washington Page 5 of 6 on: · Kent’s Parks System has faced many changes since 1988 · Parks and recreation plays a major role in community livability and community health · Stakeholders report Kent PRCS has not yet been leveraged, maximized or seen as an essential service impacting community outcomes Hochstetler reviewed the Kent survey findings: Community outcomes - Top 5 areas where respondents believe parks and recreation are somewhat or very valuable contributors are: 1. Enhancing Healthy Aging 2. Making Living in Kent Fun 3. Enhancing Community Connection 4. Protecting/Preserving the Environment 5. Enhancing Community Health Underserved Areas and Market Providers -The community said top 5 unmet needs are: 1. Fitness and wellness programs 2. Outdoor events 3. Cultural performances 4. Outdoor recreation 5. Aquatic programs Hochstetler reviewed the core parks recreation and community services program areas that focused on a comprehensive community inventory that helps us understand equity, market share, niche areas, etc., including: 1. Fitness and wellness programs 2. Outdoor events 3. Cultural performances and similar providers 4. Outdoor recreation 5. Aquatic Programs 6. Senior Programs 50+ - Kent Parks owns the market - no other similar providers 7. Adaptive Recreation (persons with disabilities) - Kent Parks owns the market - no other similar providers Parks is gathering data points to make business decisions and emphasizing on equity (including geographical equity). Hochstetler reviewed: 1. Top five programs offered by Kent Parks that residents participated in during the past 12 months and the top five reasons why the respondent participated in Kent Parks programs. 2. Recreation needs and barriers: By race, by income, by household 8.A.2 Packet Pg. 61 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes November 19, 2019 Kent, Washington Page 6 of 6 composition Leon Younger, President of Pros Consulting reviewed the Action Plan: · Recreation is consumptive by nature · Kent Parks must understand the cost to deliver services - need to maximize value and experience · This is a business management and operational action plan because recreation is a government business function · Recreation services can be viewed as an “earned” department when leveraged for public and economic benefit - creates economic development and impact, health and wellness Younger reviewed the Framework and Tactics: Three main categories: 1. Operational Management 2. Programs and Services 3. Departmental Policies and Practices Next steps · Report completion by the end of 2019 · Adjustments and shifts - Think through training of staff - Minor shifts begin in 2020 - Bigger shifts and proposals to the Mayor and City council on what to advance · Related planning processes - costing analytics - economic impact This is a departmental plan that does not require council approval. Boyce indicated this lays the foundation for the next 5 years and indicated we need to communicate this plan to the public. Higgins liked the concrete suggestions / ideas for council to work on. Meeting ended at 6:30 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 62 Minutes Acceptance: Minutes of Nov 19, 2019 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes November 19, 2019 Date: November 19, 2019 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL Mayor Ralph called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Councilmember Present Marli Larimer Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Excused Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson added Consent Item 8.A.K - an Excused Absence for Councilmember Kaur. A. Move to approve the agenda as amended RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Appreciation of Councilmember Higgins Mayor Ralph introduce a video in appreciation of Councilmember Higgins. Councilmember Higgins expressed words of appreciation and indicated he is most grateful for his family and wife Karyn. Accomplishments he is most proud of are: •256th Street and sidewalk project 8.A.3 Packet Pg. 63 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 2 of 15 •B&O Tax - A success - Kent deserved and needed to implement the tax •Bond Rating back to high level •Levee Improvements - Higgins thanked the King County Flood Control District Higgins expressed regrets regarding: •Pine Tree Park - The City should have talked with the community first. •Sale of Par 3 - The Council should work harder to preserve Kent’s green spaces. The Council’s intentions may have been good, but did not engage citizens enough. It’s important to remember that Council sometimes has to make hard decisions. Higgins expressed that he is saddened by the 37% turnout for the recent election and contemplated how to we make the community feel more connected to participate in civic life. Higgins indicated he is committed to working with the City on equity and outreach. Residents need to get involved and keep perspective. Small groups can make a difference and T.J. Pedersen is helping shape policy. Higgins indicated he has been honored and privileged to serve with his fellow councilmembers and residents. He is blessed to live in Kent and will be forever grateful. Troutner expressed words of appreciation for Higgins and that he taught her how to try and get people to understand how Council makes decisions. Fincher expressed words of appreciation and indicated Higgins has been a mentor, leader, humble, generous, strong, determined, focused, patient, kind and eloquent. He is unique and one-of-a-kind. Thomas expressed words of appreciation and indicated Higgins is a gentleman and a man with great honor and personal integrity. Larimer expressed words of appreciation and indicated Higgins has been an excellent role model. Higgins is humble and makes decision through the lens of integrity for the residents. He is brave - his is willing to call other organizations out on their need to pay attention to Kent. Council President Boyce indicated Higgins is a fantastic person. Boyce congratulated his parents on raising a heck of a son that has made an impact on residents with his compassion, trustworthiness and honesty. Boyce recognized the family of Councilmember Higgins and expressed his appreciation of their support. 8.A.3 Packet Pg. 64 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 3 of 15 Mayor Ralph indicated Higgins has been committed, dedicated, educated and she is so grateful to have had the opportunity to work alongside Higgins. Mayor Ralph indicated that Higgins helped the Council understand the importance of representing Kent on regional committees, so that Kent would get its fair share. Mayor Ralph indicated Higgins commitment to do the right thing and willingness to stand up for his commitments is second-to-none. Higgins never rushes to a judgment - he studies, educates and talks to people and that is what makes for the best decisions. Higgins is brave and never waivers, because he took the time to make the right decision. Mayor Ralph expressed her words of appreciation of Karyn Higgins for her support. Mayor Ralph read words of appreciation from King County Councilmembers Reagan Dunn, Dave Upthegrove and Pete von Reichbauer, indicating Higgins is going to be missed at the regional and county level and that Higgins has been a great partner, regional leader and a friend to both King County and the King County Flood Control District. Boyce conveyed Councilmember's Kaur's message indicating Higgins has been a role model as a public servant and she appreciates how much he cares about his work. 2. Reappointment of Carmen Goers to the Publlic Facilities District Board Mayor Ralph provided information on the Public Facilities District Board. 3. Reappointment of Bayard Dubois and Michael Taskey to the Kent Arts Commission Mayor Ralph provided information on the Arts Commission. 4. Recognition of Living at the Bridges Neighborhood Council Neighborhood Program Coordinator, Toni Azzola provided a brief overview of the Neighborhood Program and introduced the Living at the Bridges Neighborhood Council. 5. City Employee's 2019 Fall giving Campaign - Award of Donation to Kent Youth and Family Services - Homeless Prevention Program City Employees Alyne Hansen, Ron Lashley and Margaret Bishop presented the Fall Giving Campaign charitable contributions donation from City staff to Kent Youth and Family Services for their Homeless Prevention Program in the amount of $11,650. Kent Youth and Family Services Executive Director, Mike Heinisch and staff 8.A.3 Packet Pg. 65 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 4 of 15 expressed words of appreciation for the City Staff and their generous contributions. Mayor Ralph expressed her appreciation of the Charitable Giving Committee and the city staff for their hard work and contributions. 6. Proclamation for Small Business Day Mayor Ralph presented Gaila Gutierrez, Executive Director of the Kent Downtown Partnership with the Proclamation for Small Business Day. Gutierrez expressed her appreciation for the proclamation and provided information on the 10th annual American Express Small Business Saturday on November 30, 2019 from 8 a.m. - 9 p.m. The Kent Downtown Partnership has been activating campaigns showcasing small businesses. There will be a booth from 10 a.m. - 2 p.m. at the corner of 2nd & Meeker. Gutierrez indicated the Kent Downtown Partnership launched the Penguin Shoppers Card that offers significant savings at downtown businesses. Visit Downtownkentwa.com for details. B. Community Events Council President Boyce provided details on upcoming events at the accesso ShoWare Center. Visit accessoshowarecenter.com for event details. Fincher provided details on upcoming Spotlight Series events. Visit Kentwa.gov for event details. Mayor Ralph invited the public to attend her Coffee and Conversation event on December 3, 2019 from 9 - 11 a.m. at the Kent Senior Center. Mayor Ralph recognized Civics students Nathan Gatan, Jordan Low, Maua - taoeta Yandall and Robyn Babbitt. C. Public Safety Report Assistant Chief Hemmen presented the Public Safety Report for Chief Padilla. Chief Padilla is currently at the Washington Association of Sheriffs and Police Chief’s conference and should be receiving the Police Department's accreditation with WASPC. Kent is one of only three agencies in Washington that are accredited for both operations and the jail. Assistant Chief Hemmen provided a brief background on Maxwell Neumann. Mayor Ralph performed the swearing in of Lateral Officer Maxwell Neumann. 8.A.3 Packet Pg. 66 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 5 of 15 Assistant Chief Hemmen presented Lauren D. Kmiechick with the Chief's Award for Citizen Commendation. On October 24, 2019, Lauren Kmiechick came upon a collision. Kmiechick is currently employed as a nurse at Valley Medical Center and she stopped to render aid. Lauren found that a pedestrian attempting to cross 104th Avenue SE had been struck by a passing vehicle. She assessed the victim's injuries and began to renter aid until the arrival of Fire/EMS units. Lauren is being commended for her quick actions which helped to stabilize the patient. Assistant Chief Hemmen presented Officer Robert Curl with the Lifesaving Medal. On September 2, 2019, Officer Curl was dispatched to a medical call in which a male was reportedly unconscious and not breathing. Officer Curl arrived at the location and immediately began performing lifesaving CPR. Fire Personnel arrived shortly after and the male was stabilized. Due to Officer's Curl's decisive actions, the male survived and ultimately recovered. Assistant Chief Hemmen presented Officer Tom Burnside with a Letter of Commendation for his work coaching football at Totem Middle School. The Police Department partnered with the school to have an Officer help coach their team of diverse athletes to connect with them on a positive level as a role model. Burnside expressed his appreciation of Chief Padilla providing him with the opportunity to coach at Totem Middle School. Officer Burnside indicated his work with the students was the best experience he has ever had while in law enforcement. He has been able to bridge a gap between the students and law enforcement and connected with the students on a personal level and taught them many life lessons. Assistant Chief Hemmen provided details on the King County EMS Project "RAMPART." All Kent Police Department vehicles have AEDs. This year, a grant was received and will be used to purchase supplies and batteries. Assistant Chief Hemmen conveyed Chief Padilla authorized the officers to wear beards for the month of November for a donation of $50 to the Seattle Cancer Care Alliance. If officers want to continue wearing beards through December, they can make an additional donation of $50 that will go to the Kent Police Foundation. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report Mayor Ralph serves as the Vice Chair on the Regional Transportation Policy Board and indicated the board has taken the 509 project from “candidate” status to “approved.” Construction should start soon. 8.A.3 Packet Pg. 67 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 6 of 15 Mayor Ralph provided a recap of the Lunar Rover Unveiling and STEM festival that was held at the accessoShoware Center that had over 1,000 attendees. Mayor Ralph advised the City staff have started meeting with state representatives before the legislative session. Staff is discussing the City's legislative priorities and working on ways to support one another during the legislative process. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised that on November 26, 2019, King County will certify the General election and Zandria Michaud will officially join the Council. On December 3, 2019, there will be a new councilmember orientation at 5 p.m., immediately following the Committee of the Whole. Matheson advised that planning has started for the City Council 2020 retreat that has tentatively been set for February 7 - 8, 2020. Matheson indicated there is no Executive Session tonight. C. Councilmember's Reports Council President Boyce provide a recap of the two workshop presentations today - The Parks Urban Forestry Program and the Parks, Recreation and Community Services Comprehensive Recreation Program Plan Final Presentation. Councilmember Larimer serves on the King County Aging and Disabilities Advisory Council that recently heard a presentation from Community Living Connections - a county program providing support for unpaid care givers. Visit Communitylivingconnections.org for support services. For culturally- relevant support, visit Kccaregiver.org. Councilmember Higgins serves on the King County Regional Transit Committee. The Committee is set to consider approval of the Mobility Framework document that shows great promise for Kent. Councilmember Troutner invited the public to attend the Kent Police Department community meeting on December 18, 2019, at 7 p.m. at the Kent Commons. There will be a presentation on the body-worn camera program and related staffing issues. Troutner advised that she and Sara Wood participated in the Las Vegas marathon for Childhood Cancer Awareness Month. The marathon supports St. Jude’s and families with childhood cancer. Troutner and Wood ran in support of the Judd Family and represented "Jack's Army." Troutner indicated a 8.A.3 Packet Pg. 68 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 7 of 15 major corporation in Kansas pledged a total of $50,000 in support of Jack's Army. Councilmember Fincher advised the Arts commission will be moving their monthly meeting to the second Wednesday and in January the meetings will be held in Centennial Center Room 402. Councilmember Fincher indicated the first Equity and Inclusion workshop was a success. Councilmember Fincher expressed her appreciation of the Parks Department for hosting a Thanksgiving meal and for businesses that donated food for the event on Saturday, November 16th. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Bruce and Erica Anderson, Kent residents, provided comments requesting the City continue using the park located adjacent to the National Guard site as a park. They expressed their support of placing the West Hill Water Tank on the site with the highest elevation. Nathan Gatan, a civics student, expressed his appreciation of the City and Parks Department for continuing to provide parks programs for youth. Jared Huyett, co-owner of Drexel Investments and Skyway Towing, a Kent business, expressed concerns over the City’s condemnation proceedings related to his property, within the Milwaukee Levee project. Huyett indicated that he has tried very hard to work with the City and promises were made by the City. This has been disruptive to him, disruptive to his customers and employees. Huyett indicated his tow company has been serving this City for decades. Working with the Kent Police, his company has done over 700 Police tows for Kent, year to date, including towing 20 junk motorhomes and trailers at his own expense in an effort to keep the streets beautiful. Huyett conveyed that it is not too late for the city of Kent to do what is right, to follow its own value of integrity and make good on its promise. T.J. Peterson expressed his appreciation of Councilmember Higgins and for taking the time to listen to his concerns and work with him over the past few years. 8.A.3 Packet Pg. 69 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 8 of 15 Peterson expressed concerns over the recently-passed zoning ordinance. Peterson also indicated there needs to be a community discussion and public hearing regarding the five-year Human Services Master Plan. 8. CONSENT CALENDAR Boyce moved to approve Consent Items A - AK. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Higgins, Thomas, Fincher A. Approval of Minutes 1. City Council Meeting - City Council Regular Meeting - Nov 5, 2019 5:00 PM B. Payment of Bills - Approve MOTION: Approve the payment of bills received through 10/15/19 and paid on 10/15/19 and checks issued for payroll 10/1/19-10/15/19 and audited by the Committee of the Whole on 11/5/19, and approve the payment of bills received through 10/31/19 and paid on 10/31/19 and checks issued for payroll 10/16/19-10/31/19 and paid on 11/5/19 and audited by the Committee of the Whole on 11/12/19. C. Ordinance Granting Zayo Group, LLC. a Fiber Franchise - Adopt MOTION: Adopt Ordinance No. 4338, granting to Zayo Group, LLC, a non-exclusive franchise for 10 years, to construct, maintain, operate, replace, and repair a telecommunications network in, across, over, along, under, though, and below certain designated public rights-of-way of the City of Kent. D. Resolution Recognizing Living at the Bridges Neighborhood Council (#49) - Adopt MOTION: Adopt Resolution No. 1998, recognizing the Living at Bridges Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. E. Reappoint Carmen Goers to the Public Facilities District Board - Confirm MOTION: Confirm the reappointment of Carmen Goers to the Public Facilities District Board for an additional four-year term that will expire on August 31, 2023. 8.A.3 Packet Pg. 70 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 9 of 15 F. Reappoint Michael Taskey and Bayard DuBois to the Arts Commission - Confirm MOTION: Confirm the Mayor’s reappointment of Bayard DuBois and Michael Taskey to the Kent Arts Commission for additional four-year terms that will expire October 31, 2023. G. 2018 Asphalt Overlays Project - Accept as Complete MOTION: Authorize the Mayor to accept the 2018 Asphalt Overlays Project as complete and release retainage to ICON Materials, Inc. upon receipt of standard releases from the State and the release of any liens. H. Ordinance Amending KCC 15.02 and 15.04 Regarding Adult Family Homes and Room Rentals - Adopt MOTION: Adopt Ordinance No. 4339, amending Chapters 15.02 and 15.04 of the Kent City Code relating to adult family homes and room rentals. I. Ordinance Amending KCC 15.02, 15.06, 6.07.020 and 6.07.050 - Sign Code - Adopt MOTION: Adopt Ordinance No. 4340, amending 15.02, 15.06, 6.07.020 and 6.07.050 of the Kent City Code relating to the City's sign code. J. Ordinance Amending KCC 3.16 - Sales and Use Tax for Affordable Housing - Adopt MOTION: Adopt Ordinance No. 4341, in accordance with RCW 82.14.540, which authorizes a tax credit against state sales tax that is already collected resulting in no additional taxes to consumers and which provides the tax be used for affordable and supportive housing, and authorize the Mayor to use the funds and to pool resources with South King Housing and Homeless Partners. K. 2019 Annual Docket - Adopt MOTION: Adopt the 2019 Docket as proposed by staff. L. Department of Commerce Grant for Housing Action Plan - Authorize 8.A.3 Packet Pg. 71 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 10 of 15 MOTION: Authorize the Mayor to accept forthcoming grant funds in the anticipated amount of $100,000 from the Washington State Department of Commerce for a Housing Action Plan, to take all necessary steps to finalize a grant award agreement subject to terms and conditions acceptable to the City Attorney, and to authorize the Mayor to direct $20,000 of those grant funds to a joint account between six South King County cities for a Sub-Regional Collaborative Housing Action Plan Framework, pursuant to the requirements of the existing SKHHP interlocal agreement. M. Lodging Tax Advisory Committee Grants - Award MOTION: Authorize the Mayor to award the Lodging Tax Advisory Committee Grants and funding levels for applications submitted during the September cycle which meet the qualification guidelines set forth by the State of Washington. N. Appoint Erin McCallum to the Lodging Tax Advisory Committee - Confirm MOTION: Confirm the appointment of Erin McCallum to the Lodging Tax Advisory Committee for a three-year term that will expire on September 11, 2022. O. Ordinance Amending Title 3 of the Kent City Code Relating to the City's Tax Provisions - Adopt MOTION: Adopt Ordinance No. 4342, amending chapters 3.18, 3.21, 3.26, 3.28 and 3.29 of the Kent City Code to consolidate administrative provisions for all related taxes, align the City’s B&O tax provisions with the model ordinance, and add various clarifications. P. Resolution Authorizing Credit, Debit, eCheck Fees - Adopt MOTION: Adopt Resolution No. 1999, authorizing the assessment of service fees for processing credit card, debit card and eCheck transactions. Q. Third Quarter Consolidating Budget Adjustment Ordinance - Adopt MOTION: Adopt Ordinance No. 4343, consolidating budget adjustments made between July 1, 2019 and September 30, 2019, reflecting an overall budget increase of $12,002,345. R. 2019-2020 Mid-Biennium Budget Adjustment – Ordinance – Adopt MOTION: Adopt Ordinance No. 4344, relating to the mid- biennial review and modification of the 2019-2020 biennial budget. 8.A.3 Packet Pg. 72 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 11 of 15 S. 2019 Property Tax Levy Ordinance for the 2020 Budget - Adopt MOTION: Adopt Ordinance No. 4345, levying 2019 property taxes for the 2020 biennial budget. T. Ordinance Amending the Capital Facilities Element of the Comprehensive Plan for the 2020-2025 Capital Improvement Plan - Adopt MOTION: Adopt Ordinance No. 4346, amending the Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital improvement projects (2020-2025) (CPA-2019-2). U. Ordinance Amending the Comprehensive Plan/Capital Facilities Element to Adopt School District Capital Facilities Plans - Adopt MOTION: Adopt Ordinance No. 4347, amending the Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts (CPA-2019-1). V. Ordinance Amending Kent City Code 12.13.160, School Impact Fees - Adopt MOTION: Adopt Ordinance No. 4348, amending Section 12.13.160 of the Kent City Code to adjust the school impact fee schedules (CPA-2019-1). W. Resolution Amending Kent City Code Fees - Adopt MOTION: Adopt Resolution No. 2000, amending new development, business licensing, and other miscellaneous fees and repealing Resolution No. 1941. X. Resolution Amending Kent Police Department and Correctional Fees - Adopt MOTION: Adopt Resolution No. 2001, repealing Resolution No. 1946, and adopting and amending Kent Police Department and Correctional Facility Fees. Y. Consultant Services Agreement with Protingent, Inc. - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Protingent Inc., in an amount not to exceed the previously established budget for all IT temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. Z. Consultant Services Agreement with Scion Staffing Inc. - Authorize 8.A.3 Packet Pg. 73 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 12 of 15 MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Scion Staffing Inc., in an amount that will not exceed the previously established budget for all Information Technology temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. AA. Consultant Services Agreement with Viri Technology, LLC - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Viri Technology, LLC, in an amount that will not exceed the previously established budget for all information technology temporary service contracts through December 31, 2020 of $2,499,226.49, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. AB. Resolution Adopting the 2019 Water System Plan - Adopt MOTION: Adopt Resolution No. 2002, adopting the 2019 City of Kent Water System Plan. AC. Goods & Services Agreement with JCI Jones Chemical, Inc. for Water Treatment Chemical Supplies for 2020 - Authorize MOTION: Authorize the Mayor to sign the 2020 Water Treatment Chemical Supply Agreement with JCI Jones Chemical, Inc. for 25% Sodium Hydroxide and Gas Chlorine, in an amount not to exceed $101,100., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. AD. Transportation Master Plan Goals - Adopt MOTION: Adopt the Transportation Master Plan Goals. AE. WSDOT Commute Trip Reduction Grant - Authorize MOTION: Recommend Council authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #PTD0124, for the term July 1, 2019 through June 30, 2023, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. AF. Mill Creek Reestablishment - Property Acquisition from Kent School District - Authorize 8.A.3 Packet Pg. 74 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 13 of 15 MOTION: Authorize the Mayor to sign all documents necessary for the purchase of a portion of two parcels of land (APN 917960-1965 and 917960-2090), and a Storm Drainage Channel and Access Easement from the Kent School District, for the Mill Creek Reestablishment Project, in an amount not to exceed $18,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. AG. Consultant Services Agreement with Jacobs Engineering Group, Inc. for GRNRA South Stormwater Pump Station Construction Services - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jacobs Engineering Group, Inc., in an amount not to exceed $65,500 to provide construction support services for construction of the Green River Natural Resources Area South Pump Station, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. AH. Amendment to Consultant Services Agreement with Gordon, Thomas, Honeywell for Legislative Lobbying Services - Authorize MOTION: Authorize the Mayor to sign an amendment to the Consultant Services Agreement with Gordon, Thomas, Honeywell Government Affairs, subject to final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. AI. Milwaukee II Levee Improvement Project - Condemnation Ordinance - Adopt MOTION: Adopt Ordinance No. 4349, authorizing the condemnation of property rights necessary to construct the Milwaukee II Levee Improvement Project. AJ. Signature Pointe Levee Improvement Project - Condemnation Ordinance - Adopt MOTION: Adopt Ordinance No. 4350, authorizing the condemnation of property rights necessary to construct the Signature Pointe Levee Improvement Project. AK. Excused Absence for Councilmember Kaur - Approve 9. OTHER BUSINESS A. Surplus of Kronisch Property – Resolution - Adopt Public Works Director, Tim LaPorte provided a review of the surplus of the Kronisch property and the need for additional water supply and water pressure on the West Hill. 8.A.3 Packet Pg. 75 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 14 of 15 Councilmember Higgins sought clarification on why the City did not select the West Hill Park Site. LaPorte advised that site has more possibilities for recreation. The Parks Master Plan detailed more attributes for the West Hill Park, than the Kronisch Park. LaPorte advised the Public Works Department is purchasing the Kronisch site from the Parks Department and the proceeds will be used for park improvements on west hill LaPorte confirmed to Councilmember Troutner that there are no restrictions on what the Kronisch property can be used for. LaPorte confirmed to Councilmember Fincher that the elevation of the property is a significant factor in siting the water tower and alternate sites would require taking down businesses or multiple homes. Boyce provided a recap of the Council's discussion on the surplus of this property, including evaluating taking homes down or taking a park. Boyce indicated this is the right decision, the only choice and that he will support this motion. Higgins concurred with Council President Boyce’s comments and requested the Public Works Department plan 10 years in advance rather than two. MOTION: Adopt Resolution No. 2003, transferring ownership of the Kronisch Properties from the City’s Parks Department to the Water Utility for use as a water storage tank site for the full appraised value of $520,000. Proceeds from the sale will be earmarked within the Park Capital fund and limited in use to advance park improvements, expansions, or acquisitions on Kent’s West Hill. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Ralph, Higgins, Thomas, Fincher 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT 8.A.3 Packet Pg. 76 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes November 19, 2019 Kent, Washington Page 15 of 15 Councilmember Higgins adjourned the meeting. Meeting ended at 8:43 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 77 Minutes Acceptance: Minutes of Nov 19, 2019 7:00 PM (Approval of Minutes) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Larimer - Approve MOTION: Approve an excused absence for Councilmember Larimer as she is unable to attend today's meeting. 8.B Packet Pg. 78 DATE: December 10, 2019 TO: Kent City Council SUBJECT: Kent Springs and Pump Station #4 Electrical Upgrades Project - Accept as Complete MOTION: Authorize the Mayor to accept the Kent Springs and Pump Station No. 4 Electrical Upgrades Project as complete and release retainage to Colvico, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included a back-up power generator, generator cover, electrical upgrades and installation of new variable frequency drive motors at the Kent Springs site. Additionally, improvements were constructed at the Pump Station #4 facility including fencing, electrical improvements, installation of variable frequency drive motors, and a retaining wall to improve access. The final contract total paid was $1,104,992.95 which is $2,049.81 over the original contract amount of $1,102,943.14. BUDGET IMPACT: The project was paid for using budgeted water utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure 8.C Packet Pg. 79 DATE: December 10, 2019 TO: Kent City Council SUBJECT: 640 Pressure Zone - Pressure Reducing Valve Project - Accept as Complete MOTION: Authorize the Mayor to accept the 640 Pressure Zone Pressure Reducing Valves North Project as complete and release retainage to Northwest Cascade, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included the installation of 618 individual small pressure reducing valves, including site restoration, asphalt paving, and cement concrete sidewalks. The final contract total paid was $1,447,520.44 which is $202,254.06 under the original contract amount of $1,649,774.50. BUDGET IMPACT: The project was paid for using water utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure 8.D Packet Pg. 80 DATE: December 10, 2019 TO: Kent City Council SUBJECT: Service Club Ballfields Drainage System Installation - Accept as Complete MOTION: Authorize the Mayor to accept the Service Club Ballfields Drainage System Installation project as complete and release retainage to Greenshield Systems LLC, upon receipt of standard releases by the State and the release of any liens. SUMMARY: A supplemental turf drainage system was installed on fields one, two, and four at Service Club Ballfields Park. The project added an under-drainage system to improve saturated outfield conditions on these fields and allow for extended use throughout the year This is the final acceptance of this project. BUDGET IMPACT: Service Club Park SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services ATTACHMENTS: 1. Exhibit - Service Club Ballfields Drainage System Accept (PDF) 8.E Packet Pg. 81 KENT PARKS, RECREATION & COMMUNITY SERVICES Terry Jungman, Parks Planning & Development Manager Parks, Recreation and Community Services 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050WasHrNoToi PHONE: 253-a56-511O September 25,2Ot9 Cynthia Dolman Greenshield Systems LLC LL745 State Route 20 Mount Vernon, WA 98273 RE: Service Club Ballfields Drainage Installation Fields 1,2 and 4, #PPDL9-03 Cynthia: I made a final inspection of the Service Club Ballfields drainage system on 9/23/2}tg and found that the project is completed to my satisfaction. This letter constitutes Notice of Physical Completion of the Service Club Ballfields Drainage Installation Project. As required, a Notice of Completion will be filed with the Washington L&I Department, To avoid delays in closing out the project and the release of retained funds, please ensure that all prevailing wage affidavits are filed promptly with washington L&I. If you have any questions, please call or email. Thank you. Regards, B ryan Higgins Bryan Higgins, Parks Capital Project Manager Parks Planning & Development Division Parks, Recreation, & Community Services 220 Fourth Avenue South, Kent, WA 98032 2s3-856-slrO bhiooins@KentWA.oov City of Kent Parks, Recreation & Community Services Julie Parascondola, Director 8.E.a Packet Pg. 82 Attachment: Exhibit - Service Club Ballfields Drainage System Accept (2121 : Service Club Ballfields Drainage System Installation - Accept as DATE: December 10, 2019 TO: Kent City Council SUBJECT: Write-offs of Uncollectable Accounts - Authorize MOTION: Authorize the Mayor to write-off uncollectable accounts owed to the City in the amount of $25,764.58, subject to final approval of the Finance Director. SUMMARY: Authorization is requested to write-off $25,764.58 of uncollectable receivables. The requested write-off represents .33% of the receivables balance. The requested write-off also includes $630.74 in interest and finance charges. Of the $25,764.58: $6,945.00 represents unpaid violations and fines; $6,974.17 is for miscellaneous permits, taxes and fees; $11,616.77 is comprised of miscellaneous Public Works repairs and services and $228.64 is an uncollectable utility billing account. All write-offs range from 2011 through 2015 and a small balance from 2018. Finance has adopted a procedure to write-off all delinquent accounts receivable invoices older than 3 years, not including current year, unless requested by the department. The write-off does not forgive the debt. For Accounts in Collections, they may stay in collections if the billing department ensures all backup documents are retained while the accounts remain with the collection agency. BUDGET IMPACT: There are no expected budget impacts as a result of this motion. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. 2019 Write-Offs Summary (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL 8.F Packet Pg. 83 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner EXCUSED: Les Thomas 8.F Packet Pg. 84 2019 Write-offs Summary Year:Summary:Amount:Services, Fines & Fees: Accounts Receivables Write-offs: 2015 ECD Code Violation Fines & Hearing Examiner Fees 6,945.00 Accounts in Collection with AllianceOne 2011 & 2018 ECD Permits - Various permit fee balances 50.55 Permits with small balances, uncollectable 2012 to 2015 ECD Permits - Various permit fee balances 4,625.67 Permit balances in Collections with AllianceOne 2015 Finance - Business & Occupation Tax 265.05 Accounts in Bankruptcy and Businesses Closed 2015 Fire Permits & Fees 2,032.90 Accounts in Collection with AllianceOne 2015 Public Works Operations - Services and Repairs 11,616.77 Accounts in Collection with AllianceOne Total Accounts Receivable Write-offs:25,535.94 Utility Billing Write-offs: 2015 Utility Billing Accounts - Drainage & Sewer fees 228.64 Final bill system error, uncollectable Total Utility Billing Write-offs:228.64 2019 WRITE-OFFS:$25,764.58 8.F.a Packet Pg. 85 Attachment: 2019 Write-Offs Summary (2088 : Write-offs of Uncollectable Accounts - Authorize) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Goods and Services Agreement with Cintas Corporation for Linen Services - Authorize MOTION: Authorize the Mayor to sign a three year agreement with Cintas Corporation for the purchase, rental, and laundering of uniforms and linens in an amount not to exceed $275,000.00, with final terms and conditions acceptable to the Finance Director and City Attorney. SUMMARY: The City is required to provide rental and laundering of uniforms for approximately 24 employees and the purchase of parkas, Carhartt jackets and raingear for approximately 213 employees. This contract provides for those services, and will also include linen services for the use of mats, towels, and mops. Cintas was selected from a response to a Request for Proposals (“RFP”). Cintas is our current vendor and was the only vendor to respond to the City’s RFP. Cintas is our preferred vendor for the following reasons: 1. Reduction in setup fees since we are currently using Cintas. 2. On hand inventory will be rolled over. 3. The quality of merchandise provided by Cintas meets our requirements. 4. The service provided by Cintas meets our requirements. This agreement is for an initial three-year term. After November 30, 2022, and upon mutual agreement, the agreement may continue on a month-to-month basis up to one additional year. BUDGET IMPACT: The uniform and linen contract is valued at approximately $250,000 over a period of three (3) years. This represents about a 13% increase over the previous three years, during which the Sewer Division of 13 employees began renting their uniforms. An additional $25,000 will be held and only used as contingency for staffing and uniform need increases. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 8.G Packet Pg. 86 ATTACHMENTS: 1. Linen & Uniform Svcs-Cintas; Analysis & Recommendation (PDF) 2. Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner EXCUSED: Les Thomas 8.G Packet Pg. 87 Uniform & Linen Services FinancialAnalysis October 30, 2019 Employee Uniform Costs: Code Enforcement Officers & lnspectors: Custodians: Temps: Full-Time: Linen Costs: Parks and Facilities Golf Operations Public Works Fleet Meter Reader Towels Printshop Towels Uniform Rental: Mechanics, Sewer Div. & Home Repair: Weekly Cost = Uniforms* + Service Fee. Total includes Start up costs every 18 months and Tax. *Estimate includes all available uniform options at the high end. Quantity 24 22 TL 47 L47 L47 L47 L47 15 Cost per ltem Total Sl,s84 ss68 s1,056 s3,102 5t4,LLz s9,7O2 s19,551 SL4Joo s780 s65,555 s6,555 572,LLt s66 S44 Sso Soo $so s66 s133 s100 $sz Uniform Type Duck Detroit jacket (Carhartt) High lmage jacket Parka Duck Detroit jacket (Carhartt) Parka Duck Detroit jacket (Carhartt) Raingear Coat Raingear Pant Coveralls - operational need (est'd) Sub-Total Uniforms Tax Total Uniforms: # of Years Cost per Year 3 $25,9LO 3 54,946 3 s1,859 3 s1293 s66 Total linen Cost, includingTax: 3 Year Total $77,729 5L4,837 Ss,stt Sgss S198 s98,728 # of Weeks 156 Cost per Week 54s7 3 Year Total 579,975 Grand Total: $249,814 8.G.a Packet Pg. 88 Attachment: Linen & Uniform Svcs-Cintas; Analysis & Recommendation (2089 : Goods and Services Agreement with Cintas Corporation for KENT CUSTOMER SERVICE DIVISION Patty Roseto Manager 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6200 WASHtNGToN oql < =Pc o)\z PHONE: 253-856-52O0 Date:October 30, 2019 To Paula Painter, Finance Director From Uniform & Linen Services Committee: Patty Roseto - Finance Department Mariane Ely - Finance Department Sheldon Page - Parks Department Robert Stone - PW Ops, Teamsters Steve Reynolds - PW Ops, Teamsters Joseph Craft - PW Ops, Teamsters Purpose I The city is required to rent and launder uniforms for approximately 24 employees and to purchase jackets, parkas and raingear for approximately 213 employees. Additionally, the city rents linen services that include mats, towels, and mops. Recommendation: As a committee, we recommend the City of Kent enter into a three year agreement, commencing on the date of execution, with Cintas Corporation for the Rental and Laundering of Uniforms and Linens. We would further recommend that upon mutual written consent, the contract may be extended on a month to month basis for an additional one (1) year period. During the extension period, all terms and conditions of the existing contract shall remain in effect except those amended for during the extension period. The total duration of the contract, including any additional period, shall not exceed four (4) years. Financial Analysis: The Uniform and Linen contract is valued at approximately $250,000 over a period of three (3) years. This represents approximately a L3.6o/o increase over a period of three years which is primarily due to the addition of the Public Works Sewer division who started renting their uniforms about 18 months ago, doubling the employee rental base. The estimated value includes all available uniform options, at the high end. Cintas was the only vendor who responded to the Request for Proposal A detailed analysis of the projected cost of this proposal is attached. O Mayor Dana Ralph City of Kent Finance Paula Painter, Director 8.G.a Packet Pg. 89 Attachment: Linen & Uniform Svcs-Cintas; Analysis & Recommendation (2089 : Goods and Services Agreement with Cintas Corporation for Process The Finance Department adveftised for a Uniform and Linen vendor through the Request for Proposal (RFP) process. A committee was formed which included representatives from Finance, Public Works, Parks, and the Teamsters Union. The committee reviewed the submittal forms and evaluated the garments presented along with the related pricing. Conclusion: The committee strongly recommends Cintas Corporation as our Linen and Uniform vendor for the following reasons: 1, The pricing forthe rental garments and linen rental remained virtually unchanged. 2. On-hand inventory will be rolled over. 3. Reduction in setup fees since we are currently using Cintas. 4. The quality of merchandise provided by Cintas meets our requirements. 5. The service provided by Cintas meets our requirements. 8.G.a Packet Pg. 90 Attachment: Linen & Uniform Svcs-Cintas; Analysis & Recommendation (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and CINTAS CORPORATION THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cintas Corporation organized under the laws of the State of Washington, located and doing business at 631 Valley Ave N. W, Puyallup, Wasington 98371 (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: Linen and uniform services in accordance with the City's July 26, 2019 Request for Proposals and Vendor's August 26, 2019 response to the City's request. Copies of the City's Request for Proposals is attached and incorporated as Exhibit A and the Vendor's Response is attached and incorporated as Exhibit B. Uniforms will be provided under this Agreement on a mixed rental and purchase basis. All rented uniforms will be replaced with new garments after 18 months of use. Purchased uniforms will be replaced as the City may determine is necessary. 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 through November 30, 2022. However, upon the parties mutual agreement, this Agreement may be extended on a month-to-month basis, up to an additional one year term. However, in no event shall the term of this Agreement be extended beyond November 30, 2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $275,000 for the original three year term of this Agreement, for the goods, materials, and services contemplated in this agreement. This 'not to exceed' amount is provided as an estimate only and is in no way a guarantee of the payment the Vendor can expect to receive during the term of this agreement. However, because the City's uniform needs depend on the number of employees it has on staff, this amount may fluctuate up and down. If the parties agree to extend this Agreement after the initial three year term, and should the 'not to exceed' amount provided for in this section prove insufficient to cover the costs associated with that extension, the parties shall properly negotiate and execute an amendment to this Agreement. However, by its execution of this Agreement, the Vendor agrees that the rental and purchase rates it charges the City during that extension period shall remain locked at the rates originally provided for within this Agreement, unless the City agrees otherwise, 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: 8.G.b Packet Pg. 91 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Vendor will be paid on a monthly basis for services rendered and goods received during the prior month. The City has elected to contract with Vendor to provide a mix of uniform rental, uniform purchase and uniform laundry services. During the term of this Agreement, the City will purchase and rent uniform garments in the quantities as the City may designate, as provided for in Exhibit C. For those uniform garments that are rented, the weekly laundry service and all mending or repair services are included within the rental cost. For those uniform garments purchased by the City or employee, and which require laundry service due to contamination, the Vendor shall invoice the City $2.00 per laundered item. The Vendor shall not repair or mend any purchased item that has been sent to Vendor for laundry service, unless first requested by the City. Invoices will be paid within thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City's receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City's receipt and acceptance of the items identifed in the invoice thereof. 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, 8.G.b Packet Pg. 92 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 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 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 da te 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. 8.G.b Packet Pg. 93 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 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. 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 8.G.b Packet Pg. 94 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) 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 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 D 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 8.G.b Packet Pg. 95 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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. 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 CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor 8.G.b Packet Pg. 96 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) (title) DATE: DATE: NOTICES TO BE SENT TO: VENDOR: Chris Scheer Cintas Corporation 631 Valley Ave N W Puyallup, WA 98371 253-231-8317 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Patty Roseto City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5234 (telephone) (253) 856-6200 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk P:\CustomerService\Uniform-Linen Svcs Contract RFP-2019 8.G.b Packet Pg. 97 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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: _________________________________________ 8.G.b Packet Pg. 98 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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. 8.G.b Packet Pg. 99 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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: _________________________________________ 8.G.b Packet Pg. 100 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for CALL FOR PROPOSALS Notice is hereby given that the City of Kent, Washington, is accepting proposals for Linen and Uniform Services. Proposals will be received at the City Clerk's office through August 26,20t9 up to 2:30 p.m. as shown on the clock in the lobby of City Hall located at22A Fourth Avenue South, Kent, Washington. Proposals received later than 2:30 p.m. on August 26,2019 may not be considered. Detailed information about this proposal and a set of specifications, along with details of what must be submitted as a response to this proposal, may be obtained from the Finance Department. You may contact the Finance Department by calling (253) 856- 5200 or by emailing at CustomerService@KentWa.gov. The Finance Department is located at 400 West Gowe, Suite 122, Kent, Washington. The City of Kent reserves the right to reject any and all proposals and to waive irregularities and informalities in the submittal and evaluation process. The decision will be qualitative and performance-based. Overall cost will be a factor but not necessarily a determinative factor. Once bids are received, the City may conduct one or more follow- up interviews and/or negotiations with selected vendors. No bidder may withdraw its proposal for a period of one-hundred twenty (120) days after the proposal due date. Dated this 26th day of July, 20L9. Kim Komoto City Clerk City of Kent Published: Kent Reporter/Sound Publishing On July 26,2019 and August 2,24t9. EXHIBIT A8.G.b Packet Pg. 101 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Linen and Uniform Services Proposal The City of Kent seeks proposals from qualified vendors of linen and uniform services for the purpose of servicing the City's linen and limited uniform needs. The proposal will have a duration period of three years from the date of execution of this agreement. Proposals should be completed on the City's form, which is attached and should be received at City Hall located at 22A Fourth Avenue South, Kent, Washington 98032, on or before 2:30 p.m. on August 26,20t9. General fnformation The City of Kent has approximately 210 employees that will be serviced by this contract. Purchasing Estimates Parka- 210 Jackets- 43 Coveralls- 10 Set of raingear- 186 Carhartt lackets-210 Shirts-50 Rental and Laundry a Approximately I Mechanics/Full-time, 13 Sewer, and 3 Home Repair employees that are entitled to the following: 11 shirts, 11 pants (combination of pants and non-insulated overalls), 3 jackets, and 3 coveralls/overalls and regular weekly laundering. a Laundry service for both leased and non-leased clothing that has been contaminated. This will be on an as needed basis for all employees. Payments based on items laundered Rental and laundry of linen. See Exhibit A. These numbers may vary with the needs and operational goals of the City. t t 8.G.b Packet Pg. 102 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Requirements and Services Unit prices shall remain constant during the life of the contract. The contract period for Linen and Limited Uniform Services shall be at least three (3) years beginning approximately October 7,2019 to September 30, 2022. Delivery of uniforms, mats, towels, etc. may be required at any or all of the following locations: 1 2 3 City Hall 220-4th Avenue S Kent, WA 98032 Centennial Center 400 West Gowe Kent, WA 98032 Kent Commons 525-4t^ Avenue N Kent, WA 98032 Parks Maintenance 5821 S 240th Kent, WA 98032 Public Works 5821 S 240th Kent, WA 98032 Senior Center 600 E. Smith Kent, WA 98032 Golf Maintenance 24058 Russell Road Kent, WA 98032 4 Parks Dept. Annex t2607 SE 248th Kent, WA 98032 The City of Kent has the right to decrease or increase its employees to meet the needs of the City. Quantities are estimates only. During the life of the contract the City reserves the right to change quantities (increase or decrease) as required. The City reserves the right to change locations (add or delete) as needed. The successful bidder will furnish for the use of the City, all items listed on the proposal form and cleaning of same for a period beginning approximately October L,20Lg through September 30, 2022. Pickups and deliveries will be made weekly, Deliveries and pickups should fall on the same day of the week for the duration of the contract. All rental garments shall remain the property of the supplier. If the garments are lost or destroyed, or become 5 6 7 8.G.b Packet Pg. 103 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 8 unpresentable through misuse, the City shall pay for those garments at their depreciated value. Depreciation schedule to be provided as part of the RFP. Damaged garments will be replaced within (2) weeks. For purchased garments, the successful bidder will provide the city a turnaround timeline, from the date the order is placed, to delivery. Not to exceed 30 days. The successful bidder will invoice individual City of Kent Departments as directed. Agreed billing and payment periods will be determined during contract negotiations. (Currently, the City's vendor employs a weekly billing and payment period.) 10. The supplier's driver should check clothing regularly to ensure that name tags and City identification tags are intact and in good repair. The supplier shall mend, alter, or replace leased garments to the extent necessitated by normal wear and tear. The supplier will furnish all necessary repair tags. 11, Leased uniforms that require mending shall be properly labeled by the city, and the selected supplier will mend and return items to the city within one laundering cycle. 9 I2 It is the intent of the city to give the successful bidder a thirty (30) day lead to measure, order and deliver all required leased items by November 1, 2019. It is expected that the current vendor, if not the successful bidder, will be prepared to pick up its products during the same week. 13. The City will work with the vendor to come up with an implementation plan. The selected supplier(s) will install all locations within a five consecutive day time period. Exceptions to this plan must be agreed in writing. 74. Names: The employee's first name will be stitched over the left breast pocket of shirts and jackets. The'City of Kent'will be stitched over the right breast pocket of shirts and jackets. Style, size, format, color, etc., for names will require the City's prior approval. 8.G.b Packet Pg. 104 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 15. The supplier will properly measure each employee before supplying uniforms. Measuring may need to be scheduled to accommodate shift changes. Measuring is the responsibility of the vendor, Employees will be measured by using size samples to insure accurate measurements for each employee. This process should be completed prior to the beginning of the new contract. 16. Garments shall be deemed unsatisfactory if the employee refuses the garments for good reason. Since employees are usually in the field at the time of delivery an employee shall have one working day (typically 24 hours) to refuse delivery of garments, at which time the supplier will replace the article(s). L7. Vendor will count all dirty uniforms removed from each site and provide a report to the City for each pick-up cycle. The report will be provided to the city no later than 24 hours after pickup of dirty uniforms, The preferred method of reporting will be determined during contract negotiations. 18. Vendor will provide a count of all uniforms returned to the city after laundering, noting any discrepancies and reason. The preferred method of reporting will be determined during contract negotiations. 19. Vendor will provide at City's request an accurate and itemized listing with associated costs, 20, Vendor shall provide cleaning services for purchased garments, on an as needed basis, where garments have been contaminated. Purchased garments lost or damaged by vendor will be replaced at full list price. 2L. The city will notify the vendor in writing of any employee who is no longer in need of the vendor's service. The employee shall be removed from the invoice within one billing cycle. All garments shall be returned to the vendor at time of notification. Any vendor selected by the City will be required to enter into an agreement in the form attached as Exhibit B. 8.G.b Packet Pg. 105 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Proposal Requirements: 1. Proposals shall be clearly marked "PROPOSAL" with "t!-@.Ad Limited Uniform Services" on the outside of the envelope, addressed to the City Clerk, 220 - Fourth Avenue South, Kent, Washington 98032-5892. 2. Proposals should be made on the blank form attached to these specifications and all prices stated must be in ink or typewritten. Failure to use this form may result in rejection of your proposal. 3. The bidder shall provide the City with a replacement price list for all items and a depreciation schedule. 4. This contract is subject to all the terms and conditions of state, local, and federal law, including without limitation, WISHA and OSHA regulations. 5. Cost of the item must include any and all silk screening and embroidery costs. 6. Bidder shall supply samples of materials on which they have bid. Materials shall be as specified. 7. Photos of all proposed garments must be attached to the proposal if different from the garments on the bidder form. 8. For questions or concerns contact: Mariane Ely Senior Financial Analyst 2s3-Bs6-5233 8.G.b Packet Pg. 106 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Selection Process 1. The City reserves the right to reject any or all proposals, and to waive any informality in the process, or determine which proposals or bidder is lowest and most reasonable and shall be the sole judge thereof. 2. In awarding the contract, the City will consider among other things, the reliability of the supplier, services offered by the vendor, product quality, as well as the price quoted. Bidders should furnish a list of five references of contracts approximately equal to the City's volume. 3. The City of Kent is an Equal Opportunity Employer and encourages women and minority contractors to submit proposals. The winning contractor and subcontractors must conform to the requirements listed in the City's Personnel Policy and Procedure Manual, Number 1.2, entitled "Minority and Women Contractor" as adopted on January I, 1998. There is no exception to any of the above. 4. This contract will be awarded to one supplier only. 8.G.b Packet Pg. 107 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price Work Pants r 8,25 oz. twillc 65o/o polyester/3So/o combed cotton pants. Heavy duty brass ratcheting zipperr Sizes and styles for both men and women should be availabler Regular cut with slashed pocket, a western jean cut, and double pleated slackso Color: Navy Carhartt Pants - Double Front r 12-ounce, 100o/o ring-spun cotton duck with piled yarns for added durability. Chap-style double front with cleanout bottomr Multiple tool and utility pockets, and a hammer loopr 19-inch leg opening easily fits over work boot. Carhaftt Carhartt Pants - Dungaree . 383 The Work Dungareer Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably.r Built tough with multiple tool pockets and two reinforced back pockets.. 19" leg opening accommodates work boots. Page I of9 8.G.b Packet Pg. 108 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Gost'r Purchase Price Goveralls r 10 oz., LOAo/o cotton fisher striper Concealed zippero Front closure Industrial Shirts c 55o/o polyester/3solo combed cottonr Double chest pocketo Sewn in stay collars. Long sleeve and short sleeve lengthsr Slzes S-6XL, for both men and womenr Colors: Navy. City of Kent logo required White silkscreen or embroidery Left chest Denim Shirt r 100o/o cotton denim shirt. Long oversized cut with a fully constructed button-down collarr Two-button cuffs and sleeve. Button-through chest pocket. Color: Faded Denim. Sizes: S-6XL. Clty of Kent logo required White silkscreen or embroidery Left chest Polo Shirt r Fade resistant, shrink resistant and wrinkle resistant.r Three-button placket, rib knit cuffs, chest pocket. r 100o/o polyester e Sizes XS-4XL Page2 of9 8.G.b Packet Pg. 109 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price _l'il High-Image Jacket a Inside storm flap to keep the breeze out 650/o polyester / 35o/o cotton twilla Parka . Insulated, water resistant shell. Two way zipper. Insulated collar with roll-away hood. Fleece inner jacket zips in for extra warmth or worn separatelyr Chest and side pocketsr Color: Navyr Sizes: S-6XLr City of Kent logo required White silkscreen or embroidery Left chest Carhartt Detroit Jacket 103828 (formerly JOOl) . t2 ounce, 100n/o rlng'spun cotton duck. Updated blanket linlng in body. Quilted nylon linlng in sleeves. Corduroy-trimmed collar with under collar snaps for optional hood. Left-chest pocket with zipper closurer Two inslde pockets. Two lower front pockets. Snap adjustable cuffs and waist ' Pleated bl-swing back enhances movement. Trlple-stitched maln seamsr Back length: Large Regular: 29 inches Coloa: Carhartt Brown Slzes: Small Regular - 5XL Regular Medium Tall - 4XL Tall Options for larger sizes lltrd Women's optlon of this jacket Page 3 of9 8.G.b Packet Pg. 110 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A . CALL FOR PROPOSAL Descrlption Rental Cost,r Purchase Price Carhartt Ghore Goat 103825 (formerly COOI) . 12 ounce, firm-hand duck, 100o/o rlng-spun cotton duckr Updated blanket linlng ln bodyr Qullted llnlng ln sleeves. Corduroy-trlmmed collar with under collar snapsr Two rlvet-relnforced chest pocketsr Two Inslde pockets. Two rlvet-reinforced lower front pockets llned wlth a brushed trlcot llnlngr Updated cuff openingr Triple-stltched maln seams. Back length: Large Regular: 31 % hches Color: Carhartt Brown SEe3: Small Regular - 3XL Regular Large Tall - 2xL Tall Optlons for largcr slzes WJ13O W Sandstone Active Jac 12-ounce, 100o/o cotton sandstone duck Flannel- lined body for comfort, Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams. Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets, Model height: 5'8"; Wearing size S Sizes: XS-2XL Ike Jacket r Short-waisted, 65135polylcotton twilljacketr Quilted nylon liner ideal for all climates. Adjustable waist, single- buttonr Adjustable cuff and two large button-down patch pockets.r Sizes: S-6XL. City of Kent logo required White silkscreen or embroidery Left chest Page 4 of9 8.G.b Packet Pg. 111 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price I Jacket-Lined c 7.25 oz. twill,650/o polyester/31o/o combed cottonr Pre-cure durable press e Light soil washr Solid brass zippero Collar and waistband is 100o/o polyester lx1 rib knitr Mid lengthr Welted slash pockets and utility pocket on left sleever Permanently lined, black 100o/o nylon taffeta quilted to a 3.3o2. 1/8" polyurethane foamr Colors: Navyr City of Kent logo required White silkscreen or embroidery Left chestr Sizes: S-6XL Green Waterproof Bib . Waterproofc .35mm A-series double sided PVC- coated polyesterr Resistance to oils, chemicals, acids and other abrasives Green Waterproof Iacket r Waterproof. .35mm double sided PVC-coated polyesterr Resistance to oils, chemicals, acids and other abrasivesr 2 front pockets with storm flapsr Attached hood with drawcord Page 5 of9 8.G.b Packet Pg. 112 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price *[ I \III t\ i trt-+ Vision Rain Jacket o 7 mil thick waterproof, breathable fabric with seams stitched and taped sealedr ANSI/ISEA 107 Class 3 compliantr Full cut shoulder with 90 degree sleeve to body angle for maximum freedom of movementr Velcro take-up straps on the sleeves for adjustable fitr 2-inch silver reflective tape for 360 degree visibilityr Roll-a-way hood M :: ibn4J, il F' 1: l'+,r' Vision Overall . 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed. ANSIIISEA 107 Class 3 compliant. Suspenders shall be equipped with quick release buckles and crossoverr Velcro take-up straps on the ankles for adjustable fit. 2-inch silver reflective tape for 360 degree visibility. Easy access cargo pocket with velcro enclosure I i i J Vision Pants o 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed. ANSIASEA 107 Class 3 compliant. Elastic waist with adjustable drawcord and side openings with flap enclosuresr Velcro take-up straps on the ankles for adjustable fitr 2-inch silver reflective tape for 360 degree visibility Page 6 of9 8.G.b Packet Pg. 113 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price t tl 1 Rain Jacket . Level 2 waterproof, 600 denier, 100o/o polyester shell and fully taped seamsr ANSI Class 3. Removable three piece hood with adjustable drawcord. 3M Scotchlite reflective material ij it Rain Pants . Level 2 waterproof. 600 denier, 100% polyester shell. ANSI Class 3 t tf{\ Rain Jacket . 100o/o waterproof. .16 mm polyurethane-coated knit polyesterr Class 3r Stow away hood. Adjustable cuffsr Waist drawcords. 2-inch wide 3M Scotchlite reflective tape around chest and arms. 350 degree visibility Page 7 of9 8.G.b Packet Pg. 114 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for D( I {.' \. Rain Bibs o 100o/o waterproof. .16 mm polyurethane-coated knit polyester. Class 3. 19-inch leg openings with adjustable snap fastener at the anklee 2-inch wide 3M Scotchlite reflective tape around chest and legso 360 degree visibility d ,'i I I I Iair_l Rain Pants r 100o/o waterprool. .16 mm polyurethane-coated knit polyesterr Class 3. 19-inch leg openings with adjustable snap fastener at the ankler 2-inch wide 3M Scotchlite reflective tape around lower legso 360 degree visibility Launder/Wash - Cost per item r City owned garments. Contaminatedgarments Additional Costs? . Weekly Service Charges?o Rentals - Namelstartup. Purchase - City Logo. Other Charges? Exhibit A - CALL FOR PROPOSAL Picture Description *Rental Cost of uniforms are weekly and are to include laundry service Rental Cost* Purchase Price Page 8 of9 8.G.b Packet Pg. 115 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A . CALL FOR PROPOSAL Description Rental Cost* Purchase Price Linen Current Unit Cost Unit Cost *Rental Cost of towels, covers and mops to include Iaundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondent(s) or any other person(s). Signature Name Printed Date Shop Towels 820 Fender Covers 8 Glass Towels 20 Terry Towels 600 Bath Towels 160 24" Dust Mop t1 36" Dust Mop 48" Dust Mop I 60" Dust Mop 0 Wet Mop 5 3' x 5'Rubber Outdoor Scraper Mat 24 3'x 5' Spring Step Mat 0 3' x 4' Entry Mat 18 4' x6' Entry Mat l8 3' x 10' Entry Mat 8 3' x4'Entry Mat (Heavy-duty, absorbent and fast-drvine) 5 4' x 6' Entry Mat (Heavy-duty, absorbent and fast-drvins) 7 3'x l0'Entry Mat (Heavy-duty, absorbent and fast-drvine) 7 Title Page 9 of9 8.G.b Packet Pg. 116 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for KENT ExhiU;r S GOODS & SERVICES AGREEMENT between the City of Kent and [Insert Vendor's Co. Name] THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Vendor's Company Name] organized under the laws of the State of [Insert State Co, Formed Under], located and doing business at [Insert Vendor's Address, Phone Number, and Contact Person] (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: [Insert Detailed Description of goods, materials, and/or services Vendor will be providing. Please be as detailed as possible. You may also refer to an Exhibit so long as it is clearly identified by title and date.l 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 IEnter either "within" or "by" depending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months, years, etc.]. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed [Insert maximum dollar amount to be paid for services. You may type out the dollar amount and place the numerical dollar amount in parentheses or you may just enter the numerical dollar amountl, 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: [Insert Detailed Description of how Vendor is to be Paid for its Goods and Services] GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) 8.G.b Packet Pg. 117 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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. 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. Final Payment: Waiver of Claimq. 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 tndependent 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: 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. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. 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. 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. 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, GOODS & SERVICES AGREEMENT - 2 (Over $2A,000, including WSST) A B A. B. c. D E 8.G.b Packet Pg. 118 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for the City will make an equitable adjustment. The City will attempt, in good faith, to reach 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) catendar 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. FATLURE TO PROVIDE A COMPIETE, WRITTEN NOTIFICATTON OF CLArM WrrHrN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROII 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: The date of the Vendor's claim; The nature and circumstances that caused the claim; The provisions in this Agreement that support the claim; The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruptlon. 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 DHty to Cgnolete 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 - 3 (Over $2O,00A, including WSST) 1 2 3 4 5 B 8.G.b Packet Pg. 119 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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). 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. TIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WTTH 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 LIMITATTONS 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, sexua! 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. Xf. INDEMNIFICATION. Vendor shall defend, indemniff 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 - 4 (Over $20,000, including WSST) D E 8.G.b Packet Pg. 120 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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 [Insert Exhibit #] 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-Walver 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 Dlsputes 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; ptgvidgd., 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 - 5 (Over $20,A0A, including WSST) 8.G.b Packet Pg. 121 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for H. Compliance with Lawq. 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, L 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 Llcense Required. Prior to commencing the tasks described in Section I, Contractor agrees to provlde 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 pafties 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: (title) DATE: CITY OF KENT: By (signature) Dana RalohPrint Name: Ife,Mavnr DATE NOTICES TO BE SENT TO: VENDOR: [Insert Contact Name] [Insert Company Name] IInsert Address] [Address - Continued] [Insert Telephone Number] (telephone) [Insert Fax Number] (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: flnsert Name of City Rep. to Receive Notice] City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) [Insert Phone Number] (telephone) (253) [Insert Fax Number] (facsimile) GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 8.G.b Packet Pg. 122 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk lln thls tield, yo! may en!e. the €lectronic fll€path wherc the ontract has bes sv€dl GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) 8.G.b Packet Pg. 123 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 3 4 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITV 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. 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. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 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. For: Title: Date: 5 By EEO COMPLIANCE DOCUMENTS - 1 of 3 8.G.b Packet Pg. 124 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for CITY OF KENT ADMINISTRATIVE POLICY NUMBER: L.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORIry AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 1 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: Provide a written statement to all new employees and subcontractors indicating commitment as an equal oppoftunity 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 Depatments to assume the following duties for their respective departments. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are farniliar 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. 1 EEO COMPLIANCE DOCUMENTS - 2 of 3 8.G.b Packet Pg. 125 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 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 th a (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: EEO COMPLIANCE DOCUMENTS - 3 of 3 8.G.b Packet Pg. 126 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Linen and Uniform Services Proposal The City of Kent seeks proposals from qualified vendors of linen and uniform services for the purpose of servicing the City's linen and limited uniform needs. The proposal will have a duration period of three years from the date of execution of this agreement. Proposals should be completed on the City's form, which is attached and should be received at City Hall located at 220 Fourth Avenue South, Kent, Washington 98032, on or before 2:30 p.m. on August 26, 2019. General Information The City of Kent has approximately 210 employees that will be serviced by this contract. Purchasing Estimates Parka- 210 Jackets- 43 Coveralls- 10 Set of raingear- 186 Carhartt Jackets-210 Shirts-50 a e a Rental and Laundry Approximately 8 Mechanics/Full-time, 13 Sewer, and 3 Home Repair employees that are entitled to the following : 11 shirts, 11 pants (combination of pants and non-insulated overalls), 3 jackets, and 3 coveralls/overalls and regular weekly laundering. Laundry service for both leased and non-leased clothing that has been contaminated. This will be on an as needed basis for all employees. Payments based on items laundered, Rental and laundry of linen. See Exhibit A" a I These numbers may vary with the needs and operational goals of the City. EXHIBIT B8.G.b Packet Pg. 127 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Req uirements and Services Unit prices shall remain constant during the life of the contract. The contract period for Linen and Limited Uniform Services shall be at least three (3) years beginning approximately October t,201-9 to September 30, 2022, Delivery of uniforms, mats, towels, etc. may be required at any or all of the following locations: 1 2 3 City Hall 220-4th Avenue S Kent, WA 98032 Centennial Center 400 West Gowe Kent, WA 98032 Kent Commons 525-4th Avenue N Kent, WA 98032 4, 5 Parks Maintenance 5821 S 240th Kent, WA 98032 Public Works 5821 S 240th Kent, WA 98032 Parks Dept. Annex L2607 SE 248th Kent, WA 98032 Senior Center 600 E. Smith Kent, WA 98032 Golf Maintenance 24058 Russell Road Kent, WA 98032 6 7 The City of Kent has the right to decrease or increase its employees to meet the needs of the City. Quantities are estimates only. During the life of the contract the City reserves the right to change quantities (increase or decrease) as required, The City reserves the right to change locations (add or delete) as needed. The successful bidder will furnish for the use of the City, all items listed on the proposal form and cleaning of same for a period beginning approximately October L, 20tg through September 30, 2A22. Pickups and deliveries will be made weekly. Deliveries and pickups should fall on the same day of the week for the duration of the contract. All rental garments shall remain the property of the supplier, If the garments are lost or destroyed, or become 8.G.b Packet Pg. 128 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for unpresentable through misuse, the City shall pay for those garments at their depreciated value. Depreciation schedule to be provided as part of the RFP. Damaged garments will be replaced within (2) weeks. B.For purchased garments, the successful bidder will provide the city a turnaround timeline, from the date the order is placed, to delivery. Not to exceed 30 days. The successful bidder will invoice individual City of Kent Departments as directed, Agreed billing and payment periods will be determined during contract negotiations. (Currently, the City's vendor employs a weekly billing and payment period.) 10. The supplier's driver should check clothing regularly to ensure that name tags and City identification tags are intact and in good repair. The supplier shall mend, alter, or replace leased garments to the extent necessitated by normal wear and tear. The supplier will furnish all necessary repair tags. 11, Leased uniforms that require mending shall be properly labeled by the city, and the selected supplier will mend and return items to the city within one laundering cycle. 12. It is the intent of the city to give the successful bidder a thirty (30) day lead to measure, order and deliver all required leased items by November 1, 2019. It is expected that the current vendor, if not the successful bidder, will be prepared to pick up its products during the same week. 13, The City will work with the vendor to come up with an implementation plan. The selected supplier(s) will install all locations within a five consecutive day time period. Exceptions to this plan must be agreed in writing. 74. Names: The employee's first name will be stitched over the left breast pocket of shirts and jackets. The'City of Kent' will be stitched over the right breast pocket of shirts and jackets. Style, size, format, color, etc,, for names will require the City's prior approval. 9 8.G.b Packet Pg. 129 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 15 The supplier will properly measure each ernployee before supplying uniforms, Measuring may need to be scheduled to accommodate shift changes. Measuring is the responsibility of the vendor. Employees will be measured by using size samples to insure accurate measurernents for each employee. This process should be completed prior to the beginning of the new contract. 19 Vendor will provide at City's request an accurate and itemized listing with associated costs. 20. Vendor shall provide cleaning services for purchased garments, on an as needed basis, where garments have been contaminated. Purchased garments lost or damaged by vendor will be replaced at full list price. 2I. The city will notify the vendor in writing of any employee who is no longer in need of the vendorb service. The employee shall be removed from the invoice within one billing cycle. All garments shall be returned to the vendor at time of notification, Any vendor selected by the City will be required to enter into an agreement in the forrn attached as Exhibit B. 16. Garments shall be deemed unsatisfactory if the employee refuses the garments for good reason. Since employees are usually in the field at the time of delivery an employee shall have one working day (typically 24 hours) to refuse delivery of garments, at which time the supplier will replace the article(s). L7. Vendor will count all dirty uniforms rernoved from each site and provide a report to the City for each pick-up cycle, The report will be provided to the city no later than 24 hours after pickup of dirty uniforms. The preferred method of reporting will be determined during contract negotiations. 18. Vendor will provide a count of all uniforms returned to the city after laundering, noting any discrepancies and reason. The preferred method of reporting will be determined during contract negotiations. 8.G.b Packet Pg. 130 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Work Pants r 8.25 oz. twillc 650/o polyester/3So/o combed cotton pants r Heavy duty brass ratcheting zipperr Sizes and styles for both men and women should be availabler Regular cut with slashed pocket, a western jean cut, and double pleated slacksr Color: Navy 945 $. 1e $ 1s,00 Carhartt Pants - Double Front a l2-ounce, 100o/o ring-spun cotton duck with piled yarns for added durability Chap-style double front with cleanout bottom Multiple tool and utility pockets, and a hammer loop 19-inch leg opening easily fits over work boot Carhartt a a a Direct Purchase Only $36.00 Carhartt Pants - Dungaree o 383 The Work Dungareer Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably.. Built tough with multiple tool pockets and two reinforced back pockets.. 19" leg opening accommodates work boots. 383 $.4e $40.00 Page I of10 8.G.b Packet Pg. 131 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Coveralls . 10 oz., L0Qo/o cotton fisher striper Concealed zipperr Front closure 910 $.s4 $s2.00 fndustrial Shirts . 650/o polyesterl35o/o combed cottonr Double chest pocket. Sewn in stay collars. Long sleeve and short sleeve lengthsr Sizes S-6XL, for both men and womenr Colors: Navy. City of Kent logo required White silkscreen or embroidery Left chest 935 $.16 $1s.00 Denim Shirt r 100o/o cotton denim shirt. Long oversized cut with a fulty constructed button-down collar. Two-button cuffs and sleeve. Button-through chest pocketr Color: Faded Denim. Sizes: S-6XL. City of Kent logo required White silkscreen or embroidery Left chest 65415 $.2s $27.A0 Polo Shirt . Fade resistant, shrink resistant and wrinkle resistant.. Three-button placket. rib knit cufFs, chest pocket. r 100o/o polyesterr Sizes XS-4XL 2!'9 $.27 $2 1 .00 Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Page 2 of 10 8.G.b Packet Pg. 132 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price High-Image Jacket a Inside storm flap to keep the breeze out 650lo polyesterl3So/o cotton twil I 355 $1.45 $4 1 .00 Parka r Insulated, water resistant shell. Two way zipperr Insulated collar wlth roll-away hood. Fleece inner jacket zips in for extra warmth or worn separately. Chest and side pocketsr Color: Navyr Sizes: S-6XLr City of Kent logo required White silkscreen or embroidery Left chest Direct Purchase Only $e0.00 $6.00 Per Embroidery for this item, Due to 2 Pieces Carhartt Detroit lacket 103828 (formerly JOOI) o 12 ounce, 10070 ring-spun cotton duck. Updated blanket linlng In body. Qullted nylon llnlng ln sleevese Corduroy-trimmed collar wlth under collar snaps for optlonal hood. Left-chest pocket wlth zlpper closure. Two inslde pocketsr Two lower front pockets. snap adjustable cuffs and walstr Pleated bl-swing back enhances movementr Triple'stltched main seams. Back length: Large Regular: 29 inches Color: Carhartt Brown Slzes: Small Regular - sXL Regular Medium Tall - 4xL Tall Optlons for larger clzec - Page 4 An{ Womenb optaon of this Jacket - Page 4 Direct Purchase Only $63.00 Page 3 of 10 8.G.b Packet Pg. 133 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A . CALL FOR PROPOSAL Description Rental Cost* Purchase Price DUCK oul$-Ll ]{ED ACTIVE JAC SIYLE#104053 , l?ounce,lffililngrynmttondr* '&rihednglotlnlngfremgorardofiS0gll{'lhirniate'feltkdsssimrlalion{uttamthwitlrouttlte Hlgh , [arhartt*t0ng,tri&.riltdxdnah$sfirnt , fudrnrrrinfondshltruhmxnsistresanduar ' lnurmldblnitstonncuffslnlphepou tlnto$ ' lttadrdluodnithinnerdwmrdmdudftti , fl M plmts fff rareo{numpttt ' lvo &nd fi ortt pdrls, up witlt pert stal ,lminmrpfutr ' l{oddt*igl* 5'8';l{euingshr S ' lmpfid Direct Purchase Only Jacket and Pricing will not be available till beginning of 2A2O per Carhartt lniltrtltw Fsl,l Direct Du*Tlernd.l.indActi$e Jtchet Pu rchase $l.itJlll $U0,$!G{.1-.,0U Only , t?.orm*, lf$lhppn clror dril tanit ,'hyrulfirl|trrfl liiinlhrrrntlntenbl , l{u€lh lox rritt krw:rdd*l'e &bfu irrulsaic wl:: lrphr4r.r thr idd ' 'wloilr.fnrtprl*s ' .rmirrnrrpcatr , lxllttgh tatgt nldmil'rlqt ullr ll' r llodglhilfrr6ithsnri;p,dll'1|{lain[d4 rl , {rdr nthUlttl isrlortd prrtr $lt.so $7 1 .00 Page 4 of 10 8.G.b Packet Pg. 134 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A . CALL FOR PROPOSAL Description Rental Costx Purchase Price Carhartt Chore Coat 103825 (formerly COOI) . 12 ounce, flrm-hand duck, 100o/o rlng-spun cotton duck. Updated blanket linlng in body. Quilted lining in sleeves. Corduroy-trimmed collar with under collar snapso Two rivet-relnforced chest pockets. Two lnslde pockets. Two rivet-reinforced lower front pockets lined with a brushed trlcot lining. Updated cuff opening. Trlple-stitched main seams. Back length: Large Regular: 31 % inches color: Carhartt Brown Slzes: Small Regular - 5XL Regular Large Tall - 3XL Tall Options for larger slzes Direct Purchase Only $63.00 WI13O W Sandstone Active lac 12-ounce, 100o/o cotton sandstone duck Flannel- lined body for comfoft. Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams, Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets. Model height: 5'8"; Wearing size S Sizes: XS-2XL Direct Purchase Only $es. oo Ike Jacket r Short-waisted, 65/35 poly/cotton twill jacket o Quilted nylon liner ideal for all climates. Adjustable waist, single- button. Adjustable cuft and two large button-down patch pockets. . Sizes: S-6XLr City of Kent logo required White silkscreen or embroidery Left chest 970 $,88 $33.00 Page 5 of 10 8.G.b Packet Pg. 135 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Iacket-Lined t 7.25 oz. twill,55olo polyester/3So/o combed cotton. Pre-cure durable press. Light soil wash. Solid brass zipper. Collar and waistband is 100o/o polyester 1x1 rib knitr Mid length. Welted slash pockets and utility pocket on left sleeve. Permanently lined, black 100% nylon taffeta quilted to a 3.3o2. 1/8" polyurethane foamr Colors: Navy. City of Kent logo required White silkscreen or embroidery Left chest. Sizes: S-6XL 677 $.42 $42. O0 Green Waterproof Bib r Waterproofr .35mm A-series double sided PVC- coated Polyester. Resistance to oils, chemicals, acids and other abrasives Direct Purchase Only $ 10.00 Green Waterproof Jacket o Waterproofr .35mm double sided PVC-coated polyestero Resistance to oils, chemicals, acids and other abrasivesr 2 front pockets with storm flaps r Attached hood with drawcord Direct Purchase Only $ 10.00 Page 6 of l0 8.G.b Packet Pg. 136 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price Vision Rain Jacket r 7 mil thick waterproof, breathable fabric with seams stitched and taped sealedr ANSI/ISEA 107 Class 3 compliant. Full cut shoulder with 90 degree sleeve to body angle for maximum freedom of movement. Velcro take-up straps on the sleeves for adjustable fito 2-inch silver reflective tape for 360 degree visibilityr Roll-a-way hood Direct Purchase Only $120.00 Vision Overall r 7 mil thick waterproof, breathable fabric with seams stitched and taped sealedr ANSI/ISEA 107 Class 3 compliant. Suspenders shall be equipped with quick release buckles and crossoverr Velcro take-up straps on the ankles for adjustable fitr 2-inch silver reflective tape for 360 degree visibility. Easy access cargo pocket with velcro enclosure Direct Purchase Only $60.00 Vision Pants t 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed. ANSI/ISEA 107 Class 3 compliantr Elastlc waist with adjustable drawcord and side openings with flap enclosuresr Velcro take-up straps on the ankles for adjustable fitr 2-inch silver reflective tape for 350 degree visibility Direct Purchase Only $36.00 Page 7 of l0 8.G.b Packet Pg. 137 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Plcture Exhiblt A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Rain Jacket r Level 2 waterproof, 600 denier, 100Vo polyester shell and fully taped seamsr ANSI Class 3r Removable three piece hood with adjustable drawcordr 3M Scotchlite reflective material Direct Purchase Only $133.00 Rain Pants o Level 2 waterproofo 600 denier, 1000/o polyester shellr ANSI Class 3 Direct Purchase Only $100.00 Rain lacket e 100o/o waterproofr ,16 mm polyurethane-coated knit polyesterr Class 3. Stow away hoodo Adjustable cuffs. Waist drawcordso 2-inch wide 3M Scotchlite reflective tape around chest and armsr 360 degree visibility Direct Purchase Only $1s6.00 Page 8 of10 8.G.b Packet Pg. 138 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Exhibit A - CALL FOR PROPOSAL Picture Description *Rental Cost of uniforms are weekly and are to include laundry service Rental Cost* Purchase Price D{r ,l! t' '! | , ury t Rain Bibs . 100o/o waterproof. .16 mm polyurethane-coated knit polyester. Class 3r 19-inch leg openings with adjustable snap fastener at the ankler 2-inch wide 3M Scotchlite reflective tape around chest and legs. 360 degree visibility Direct Purchase Only $s3.oo r i,;t l i dnq#*qf lQ I r.:t Rain Pants a . 100o/o waterproof .16 mm polyurethane-coated knit polyester. Class 3. 19-inch leg openings with adjustable snap fastener at the ankler 2-inch wide 3M Scotchlite reflective tape around lower legs. 360 degree visibility Direct Purchase Only $16.00 Launder./Wash - Cost per ltem . City owned garmentsr Contaminatedgarments $2.00 per Garment Additional Costs? Weekly Seruice Charges? Rentals - Name/Company Emblem Purchase - City Logo Make Up/Prep Charge -$4.00 -$1.78/$2.36 -$3.00 -$3,6s Page 9 of l0 8.G.b Packet Pg. 139 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Signature Settu.ke Atrto4e k Exhibit A - CALL FOR PROPOSAL Description / l^nrs /ol^rrt Name Printed Date Page 10 of10 Picture Rental Costx Purchase Price Linen Current Unit Cost Unit Cost *Rental Cost of towels, covers and mops to include laundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondent(s) or any other person(s). n i ),)**^ $.05 $.41Shop Towels 820 $.4s $6.00Fender Covers 8 20 $.14 $2.26Glass Towels $.l s $2.26Terry Towels 600 $.30 $8.00Bath Towels 160 $.90 $7.2024" Dust Mop ll $1.01 $9.0036" Dust Mop 7 $ 10.80$ 1.2448" Dust Mop 8 $14.4060" Dust Mop 0 $ 1.s0 $1.25 $10.80Wet Mop 5 $40.5024$ 1.703' x 5'Rubber Outdoor Scraper Mat $ 1.25 $65.003'x 5' Spring Step Mat 0 $40.50$1.423' x 4' Entry Mat t8 $2,ss $63.004' x 6' Entry Mat l8 $3.21 $81.003' x I0' Entry Mat 8 $91.00s3.423' x4' Enky Mat (Heavy-duty, absorbent and fast-drying) 5 $4.ss $r 17.004' x 6' Enfry Mat (Heavy-duty, absorbent and fast-dryine) 7 $5.21 $1s3.003' x l0' Entry Mat (Heavy-duty, absorbent and fast-drying) 7 Title 8.G.b Packet Pg. 140 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for City of Kent Depreciation ScheduleNo Uniform Depreciation Charges for lnitial change out/Upgrade in the fall of 20191 B and beyond$6.50$14.00$16.50$15.50$e.50$22.00$s.50$3.50$12.50$17.0015-18 months$13.00$28.00$33.00$32.00$1e.00$44.00$7.00$7.00$25.00$34.0012-14 months$15.00$30.00$35.00$34.00$21 .00$46.00$g.oo$e.oo$27.00$36.0010-12 months$17.00$32.00$37.00$36.00$23.00$48.00$1 1 .00$1 1 .00$2e.00$38.007-9 months$1e.00$34.00$3e.00$38.00$25.00$50.00$13.00$13.00$31 .00$40.000-6 months$21.00$s6.00$41 .00$40.00$27.00$52.00$15.00$15.00$33.00$42.00Item259625703663836541 59109359459706778.G.bPacket Pg. 141Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Work Pants . 8.25 oz. twill. 650/o polyester/3So/o combed cotton pants. Heavy duty brass ratcheting zippero Sizes and styles for both men and women should be available. Regular cut with slashed pocket, a western jean cut, and double pleated slackso Color: Navy 945 $.1e $1s.00 NO LONGER AVAILABLE lCarhartt Pants - Double Front! DISCONTINUEDo 12-ounce, 100%o ring-spun cotton duck with piled yarns for added durabilityo Chap-style double front with cleanout bottom. Multiple tool and utility pockets, and a hammer loop. 19-inch leg opening easily fits over work boot. Carhartt NA NA Carhartt Pants - Dungaree . 383 The Work Dungareeo Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably.o Built tough with multiple tool pockets and two reinforced back pockets.. 19" Ieg opening accommodates work boots. 383 $,4e $40.00 Page 1 of9 EXHIBIT C8.G.b Packet Pg. 142 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for I Carhartt Menrs Firm Duck Double-Front Work Dungaree Pant Current pant at Sewer 62570 Replacement per Carhartt is 19002 See Below r r Carhartt Men's Ripstop Cargo Work Pant . 100%6 Cotton . Imported . Machine Wash . Sits at the waist . Relaxed seat and thigh . Cordura lined front ledge pockets . Cordura -lined back pockets Item 19OO2- Replacement pants for 62570,6257fJ not available for future rental per Carhartt $ 1.03 $46.76 Coveralls . 10 oz., IOOo/o cotton fisher stripe. Concealed zipperr Front closure 910 $.s4 $s2.00 Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price Page 2 of9 8.G.b Packet Pg. 143 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Industrial Shirts . 650/o polyester/3So/o combed cotton. Double chest pocket. Sewn in stay collars. Long sleeve and short sleeve lengthsr Sizes S-6XL, for both men and womeno Colors: Navy. City of Kent logo required White silkscreen or embroidery Left chest 935 $,16 $ 1s.00 Denim Shirt r 100o/o cotton denim shirt. Long oversized cut with a fully constructed button-down collarr Two-button cuffs and sleeveo Button-through chest pocket. Color: Faded Denim. Sizes: S-6XL. City of Kent logo required White silkscreen or embroidery Left chest 65415 $.2 s $27.00 Polo Shirt . Fade resistant, shrink resistant and wrinkle resistant.. Three-button placket, rib knit cuffs, chest pocket.r 100%o polyester. Sizes XS-4XL 259 $.27 $2 1 .00 Picture CINTAS Exhibit A . CALL FOR PROPOSAL Description Rental Cost* Purchase Price Page 3 of9 8.G.b Packet Pg. 144 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price High-Image Jacket a Inside storm flap to keep the breeze out 650lo polyester / 35o/o cotton twi I Ia 366 $ 1.4s $41 .00 Parka r Insulated, water resistant shelle Two way zipper. Insulated collar with roll-away hoodr Fleece inner jacket zips in for extra warmth or worn separatelyo Chest and side pockets. Color: Navy. Sizes: S-6XL. City of Kent logo required White silkscreen or embroidery Left chest 80768- BLUE(outer) & 80769(inner) Direct Purchase Only $e0.00 $6.00 Per Embroidery for this item, Due to 2 Pieces Garhartt Detroit Jacket 103828 (formerly JOOl) . 12 ounce, 100o/o ring-spun cotton duck. Updated blanket lining in body. Quilted nylon lining in sleeves. Corduroy-trimmed collar with under collar snaps for optional hoodo Left-chest pocket with zipper closure. Two inside pockets. Two lower front pockets. Snap adjustable cuffs and waist. Pleated bi-swing back enhances movement. Triple-stitched main seams. Back length: Large Regular: 29 inches Color: Carhartt Brown Sizes: Small Regular - 5xL Regular Medium Tall - 4XL Tall Options for larger sizes - P;rqe ii And Women's option of this jacket - P;ige 5 Direct Purchase Only $63.00 Page 4 of9 8.G.b Packet Pg. 145 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture CINTAS Exhibit A . CALL FOR PROPOSAL Description Rental Costx Purchase Price Item#J131 DUCK THERMAL.LINED ACTIVE JAC 1F-surrce, lUliil ringspu* rfit{c:n dirfk {:a*s*i llrerrft*| pclr;*sr*r lirri*g f*r lvarmth retentio* Ad jr-:st a hl* h*,: * vuith d ral'rccrd c I r:sr: re fiih'l;nir cr..:ffs ar"!d wriixt help kr*p, cul lhe ':,iki Twr {ower'iranl p+clt*rl Iy*r:r !*r*r pnrkers Brrk length: Large r*9u,1;r* ?S''; L*rge tall: 31." Mrrdel height: 6'r Ch,:st sizer 4i,r'':1trisarii'eg eiae hl l{ade lrr th* LISA ei{ ir*p*re*d parts Direct Purchase Only i,,r i,., ,ji l,.i li'r,,,,''. i l $71.00 Carhartt Ghore Coat 1O3825 (formerly COOl) NO LONGER AVAILABLEo 12 ounce, firm-hand duck, 100Vo ring-spun cotton duck. Updated blanket lining in body. Quilted lining in sleeves. Corduroy-trimmed collar with under collar snaps. Two rivet-reinforced chest pockets. Two inslde pockets. Two rivet-reinforced lower front pockets lined with a brushed tricot lining. updated cuff openlng. Trlple-stitched main seams. Back length: Large Regular: 31 7a inches Color: Carhartt Brown Sizes: Small Regular - 5XL Regular Large Tall - 3XL Tall Options for larger sizes N/A N/A Page 5 of9 8.G.b Packet Pg. 146 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price WJ13O W Sandstone Active Jac AVAILABLE IN DARK BROWN ONLY 12-ounce, 1000/o cotton sandstone duck Flannel- lined body for comfort. Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams. Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets. Model height: 5'8"; Wearing size S Sizes: XS-2XL Direct Purchase Only $es.o0 Ike Jacket o Short-waisted, 65/35 poly/cotton twilljacketr Quilted nylon liner ideal for all climates. Adjustable waist, single- button. Adjustable cuff and two large button-down patch pockets.. Sizes: S-6XL. City of Kent logo required White silkscreen or embroidery Left chest 970 $.BB $3 3 .00 Jacket-Lined o 7.25 oz. twill, 650lo polyester/3So/o combed cottonr Pre-cure durable press. Light soil wash. Solid brass zipper. Collar and waistband is 100o/o polyester lx1 rib knit. Mid length. Welted slash pockets and utility pocket on left sleeve. Permanently lined, black 10Oo/o nylon taffeta quilted to a 3.3o2. 1/8" polyurethane foamo Colors: Navy. City of Kent logo required White silkscreen or embroidery Left chesto Sizes: S-6XL 677 $.42 $42.00 Page 6 of9 8.G.b Packet Pg. 147 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Costx Purchase Price Vision Rain Jacket. 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed. ANSI/ISEA 107 Class 3 compliant. Full cut shoulder with 90 degree sleeve to body angle for maximum freedom of movement. Velcro take-up straps on the sleeves for adjustable fite 2-inch silver reflective tape for 360 degree visibility. Roll-a-way hood Item J23122 Tingley Direct Purchase Only $66.00 Vision Overallr 7 mil thick waterproof, breathable fabric with seams stitched and taped sealedo ANSI/ISEA 107 Class 3 compliant. Suspenders shall be equipped with quick release buckles and crossover. Velcro take-up straps on the ankles for adjustable fito 2-inch silver reflective tape for 360 degree visibility. Easy access cargo pocket with velcro enclosure Item O23122 Tinalev Direct Purchase Only $60.00 Vision Pants . 7 mil thick waterproof, breathable fabric with seams stitched and taped sealedo ANSI/ISEA 107 Class 3 compliant. Elastic waist with adjustable drawcord and side openings with flap enclosures. Velcro take-up straps on the ankles for adjustable fito 2-inch silver reflective tape for 360 degree visibility Item P23122 Tingley Direct Purchase Only $36.00 Page 7 of9 8.G.b Packet Pg. 148 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for CINTAS Exhibit A . CALL FOR PROPOSAL Picture Description *Rental Cost of uniforms are weekly and are to include laundry service Rental Costx Purchase Price Rain Jacket . Level 2 waterproof, 600 denier, 100o/o polyester shell and fully taped seams. ANSI Class 3o Removable three piece hood with adjustable drawcord. 3M Scotchlite reflective material Item 1OO499 Carhartt Direct Purchase Only $133.00 t Rain Pants. Level 2 waterproof. 600 denier, 100o/o polyester shell. ANSI Class 3 Item 103208 Carhartt Direct Purchase Only $100.00 Launder/Wash - Cost per item . City owned garments. Contaminatedgarments $2,00 per Garment Additional Costs? . Weekly Service Charges?r Rentals - Name/Company Emblemo Purchase - City Logo. Make UplPrep Charge -$4.00 -fl.7et$2.36 -$3.00 -$3.6s Page 8 of9 8.G.b Packet Pg. 149 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for Picture CINTAS Exhibit A - CALL FOR PROPOSAL Description Rental Cost* Purchase Price Linen Current Unit Cost Unit Cost *Rental Cost of towels, covers and mops to include laundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondent(s) or any other person(s). Signature Name Printed Date Page 9 of9 weeKly Shop Towels -ltem#2163 820 $.0s $.41 Fender Covers - Item#219 5 8 $.4s $6.00 Glass Towels - ltem#2921 20 $.14 $2.26 Terry Towels -ltem#2697 600 $.l s $2.26 Bath Towels - Item #2719 160 $.30 $8.00 24" Dust Mop - Item#2570 ll $.e0 $7.20 36" Dust Mop - Item#2560 7 $1.01 $9.00 48" Dust Mop - Item#2604 8 $1.24 $r0.80 60" Dust Mop - Item#2610 0 $1.s0 $14.40 Wet Mop -ltem#2650 5 $1.2s $10.80 3' x S'Rubber Outdoor Scraper Mar - 2477 24 $1.70 $40.s0 3'x 5' Spring Step Mat- Item#l802 0 $1.25 $6s.00 3' x 4' Entry Mat - Item#84230 l8 $1.42 $40.s0 4' x 6' Entry Mat - Item#84430 l8 $2.5s $63.00 3' x l0' Entry Mat - Item#84030 8 $3.21 $81.00 3' x4' Entry Mat (Heavy-duty, absorbent and fast-drvins)-Item# I 0 I 89 5 $3.42 $91.00 4' x6' Entry Mat (Heavy-duty, absorbent and fast-drvins) - Item# I 0 I 92 7 $4.ss $117.00 3' x l0' Entry Mat (Heavy-duty, absorbent and fast-drvine) - Item# I 0202 7 $5.21 $1s3.00 Title 8.G.b Packet Pg. 150 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for 461Holder Identifier : 7777777707070700077763616065553330772617446304557707442027772507300073640577146321120776041513067411207526015772674512075226371320763300754405351067671207504057532274570077727252025773110777777707000707007 6666666606060600062606466204446200600222606006222006000206262060000062002040400622020622202406004000206000024262260220062220262402620020602222404204222206202004062200402066646062240664440666666606000606006Certificate No :570079259100CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/15/2019 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. c/o Aon Client Services 4 Overlook Point Lincolnshire IL 60069 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 25682The Travelers Indemnity Co of CTINSURER A: 25674Travelers Property Cas Co of AmericaINSURER B: 10030Westchester Fire Insurance CompanyINSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Cintas Corporation and its Subsidiaries 6800 Cintas Blvd PO Box 625737 Cincinnati OH 45262 USA COVERAGES CERTIFICATE NUMBER:570079259100 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $5,000 $1,000,000 $2,000,000 $1,000,000 Contractual Liability A 07/01/2019 07/01/2020HC2EGLSA472M4731TCT19 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $5,000,000A07/01/2019 07/01/2020 AOS Comp/Coll $0 Ded, COMBINED SINGLE LIMIT (Ea accident) HC2E-CAP-472M4651-TCT-19 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $10,000 07/01/2019UMBRELLA LIABC 07/01/2020G22035277014 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $2,000,000 X OTH- ER PER STATUTE B 07/01/2019 07/01/2020 WC-AOS HRJUB472M469919B 07/01/2019 07/01/2020 $2,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WC - MA, WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $2,000,000 HC2JUB472M470619 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent is included as Additional Insured on the General Liability policy, but only with respect to work performed under contract between the Certificate Holder and the Insured. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Kent Financial Reporting Division Finance Department 220 4th Ave. S. Kent WA 98032 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EXHIBIT D8.G.b Packet Pg. 151 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for COMMERCIAL GENERAL LIABILITY POLICY NUMBER: HC2E-GLSA-472M4731-TCT-19 ISSUE DATE: 06-27-19 CG T8 141 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) – CINTAS CORPORATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II – WHO IS AN INSURED: Any person or organization that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part and that has not been added as an insured by attachment of another endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule, is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If coverage for such injury or damage is required by the written contract or agreement and is in fact caused by your negligence or the negligence of those acting on your behalf in the performance of "your work" in connection with services provided to such person or organization to which the written contract or agreement applies. Such person or organization does not qualify as an insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such person or organization is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to such person or organization will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for such person or organization by that written contract or agreement. This will not increase the limits of insurance described in Section III – Limits Of Insurance. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury", "property damage" or any "personal and advertising injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, or supervision of such services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that person or organization during the policy period. c. As stated in Paragraph 4.b.(1)(b) of Other Insurance, of Section IV – Commercial General Liability Conditions, this insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. d. As stated in Paragraph 4.d. Primary And Non-Contributory Insurance If Required By Written Contract, Other Insurance, of Section IV – Commercial General Liability Conditions, if you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and 8.G.b Packet Pg. 152 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for COMMERCIAL GENERAL LIABILITY CG T8 141 © 2019 The Travelers Indemnity Company. All rights reserved. Page 2 of 2 (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. e. If a written contract or agreement specifically requires that this insurance include a provision in which the insurer waives any right of recovery against such person or organization because of payments made under the insurance provided to such person or organization, then we will waive such right of recovery. f. Such person or organization must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against such person or organization, that person or organization must: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such person or organization for a loss we cover. However, this condition does not affect whether the insurance provided to such person or organization is primary to other insurance available to such person or organization which covers that person or organization as a named insured as described in Paragraph 4. Other Insurance, of Section IV – Commercial General Liability Conditions. 8.G.b Packet Pg. 153 Attachment: Linen & Uniform Svcs-Cintas; Proposed contract & RFP docs (2089 : Goods and Services Agreement with Cintas Corporation for DATE: December 10, 2019 TO: Kent City Council SUBJECT: Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt MOTION: Adopt Ordinance No. ___, approving the consolidating budget adjustment ordinance for adjustments made between October 1, 2019 and November 30, 2019, reflecting an overall budget increase of $6,962,281. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $6,962,281. Adjustments totaling $78,380 have previously been approved by Council and are summarized as follows: - $78,380 in grants: $17,000 arts grant, $5,000 Westaf grant, and a $56,380 KC grant for Downey Farmstead. The remaining adjustments totaling $6,883,901 have not been previously approved by Council. Highlights include: - $3,030,090 in fund transfers as follows: o $2,000,000 in transfers of 2019 General Fund net revenues to various funds and projects. These include the Golf Fund ($100,000), Liability Insurance Fund ($360,000), ShoWare Operating Fund ($100,000), Technology Capital Projects Fund ($840,000), Meet Me on Meeker/Placemaking project ($400,000), and Structural Imbalance Strategy project ($200,000). o $869,700 in transfers of Interest Income for use in various capital projects. o $115,130 transfer of funds from Parks Capital Projects to Parks Lifecycle. o $45,260 in transfers of Criminal Justice funds to the GF for Body-Worn Camera Program specialty pay. o - $2,000,000 use of transferred funds from GF for project managers in Technology projects ($840,000), Meet Me on Meeker/Placemaking expenditures ($400,000), increasing Judgment & Damages budget in Liability Insurance Fund ($360,000), consultants for the Structural Imbalance 8.H Packet Pg. 154 Strategy project ($200,000), and increasing general budget authority to cover expenses in the Golf ($100,000) and ShoWare ($100,000) Funds. - $869,700 use of transferred Interest Income funds for Parks projects ($348,000), Meet Me on Meeker/Placemaking project ($370,800), Technology projects ($150,000), and Facilities projects ($900). - $393,000 use of increased reimbursements ($215,000) and Interest Income ($28,000) in the Liability Insurance Fund to increase the Judgments & Damages budget and $150,000 use of fund balance to increase the Building Insurance budget. - $260,000 use of Technology Fund balance for a business analyst not previously budgeted (one-time only). - $250,000 increase in the Police overtime budget. - Net zero impact: $115,130 reduction to Parks capital to free up funds to transfer to Parks Lifecycle and an increase of $115,130 for use of transferred funds in Parks Lifecycle for the Historical Museum, Green Tree Park and Meridian Glen Park. - $81,111 in other items including use of IT increased computer revenues ($32,000), CJ funds for Body-worn Camera specialty pay ($45,260), and charitable giving campaign revenues ($21,000), along with increasing budget authority to cover expenses in the Criminal Justice Fund ($29,740) and Public Arts Program Fund ($20,000). These increases were offset by a decrease of $66,889 in CDBG grant spending to reflect the actual funds received for the grant. BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Budget Adjustment Ordinance Q4 2019 (PDF) 2. Q4 2019 Exhibit A & Budget Detail (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner EXCUSED: Les Thomas 8.H Packet Pg. 155 1 2019-2020 Budget Adjustment October 1, 2019 to November 30, 2019 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between October 1, 2019 and November 30, 2019, reflecting an overall budget increase of $6,962,281. RECITALS A. Expenditures as classified in the final, adopted budget constitute the city’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests coming through Council committees. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2019-2020 biennial budget is amended to include budget fund adjustments from October 1, 8.H.a Packet Pg. 156 Attachment: Budget Adjustment Ordinance Q4 2019 (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) 2 2019-2020 Budget Adjustment October 1, 2019 to November 30, 2019 2019 to November 30, 2019, as summarized and set forth in Exhibit A, which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2019-2020 biennial budget Ordinance No. 4296, as amended by Ordinance Nos. 4324 4330, and 4343, shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published 8.H.a Packet Pg. 157 Attachment: Budget Adjustment Ordinance Q4 2019 (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) 3 2019-2020 Budget Adjustment October 1, 2019 to November 30, 2019 APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.H.a Packet Pg. 158 Attachment: Budget Adjustment Ordinance Q4 2019 (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) Fund Title Previously Approved Approval Requested Total Adjustment Ordinance General Fund 22,000 2,316,260 2,338,260 Capital Resources Fund - 515,130 515,130 Criminal Justice Fund - 75,000 75,000 Housing & Community Development Fund - (66,889) (66,889) Public Arts Program Fund - 20,000 20,000 Street Capital Projects - 331,100 331,100 Parks Capital Projects - 696,000 696,000 Other Capital Projects - 810,500 810,500 Technology Capital Projects - 1,140,000 1,140,000 Drainage Operating Fund 56,380 - 56,380 Facilities Capital Projects - 900 900 Central Services Fund - 292,000 292,000 Facilities Management Fund - 900 900 Liability Insurance Fund - 753,000 753,000 Total 78,380 6,883,901 6,962,281 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments from October 1, 2019 to November 30, 2019 8.H.b Packet Pg. 159 Attachment: Q4 2019 Exhibit A & Budget Detail (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance General Fund Establish 4 Culture Arts Grant KCC 3.70 17,000 17,000 Establish Westaf Federal Grant KCC 3.70 5,000 5,000 Establish budget for Body-worn Camera Program specialty pay 45,260 45,260 Increase police overtime budget 250,000 250,000 Establish charitable giving activities budget from City fundraiser 21,000 21,000 Transfer to Structural Imbalance Strategy project Fund 1500 200,000 200,000 Transfer to Meet Me on Meeker/Placemaking project Fund 3300 400,000 400,000 Transfer to Golf Fund Fund 4800 100,000 100,000 Transfer to Liability Insurance Fund Fund 5670 360,000 360,000 Transfer to ShoWare Operating Fund Fund 1950 100,000 100,000 Transfer to Technology Capital Projects Fund Fund 3400 840,000 840,000 Total General Fund 22,000 2,316,260 2,338,260 Capital Resources Fund Establish Parks Lifecycle Consulting Budget 200,000 200,000 Establish Parks Lifecycle Budgets for Historical Museum & Meridian Glenn Fund 3200 115,130 115,130 Establish Structural Imbalance Strategy project budget Fund 1000 200,000 200,000 Total Capital Resources Fund - 515,130 515,130 Criminal Justice Fund Transfer funds to GF for Body-worn Camera Program specialty pay Fund 1000 45,260 45,260 Increase overall expenditure budget 29,740 29,740 Total Criminal Justice Fund - 75,000 75,000 Housing & Community Development Fund Adjustment of CDBG grant down to final actual funds received Fund 1000 (66,889) (66,889) Total Housing & Community Development Fund - (66,889) (66,889) Public Arts Program Fund Use of fund balance to increase current-year budget authority Fund 1000 20,000 20,000 Total Public Arts Program Fund - 20,000 20,000 Street Capital Projects Transfer of Interest Income to Meet Me on Meeker/Placemaking project Fund 3300 331,100 331,100 Total Street Capital Projects Fund - 331,100 331,100 Parks Capital Projects Reduction of project expenses to transfer funds to Parks Lifecycle (115,130) (115,130) Transfer to Parks Lifecycle Fund 1500 115,130 115,130 Transfer of Interest Income to Parks projects Fund 3200 348,000 348,000 Establish budget to spend Interest Income on Parks projects Fund 3200 348,000 348,000 Total Parks Capital Projects - 696,000 696,000 Other Capital Projects Transfer of Interest Income to Meet Me on Meeker/Placemaking project Fund 3300 39,700 39,700 Establish budget to spend Interest Income on MMOM/Placemaking project Fund 3300 39,700 39,700 Establish budget to spend transfer from Street CP Fnd on MMOM/Placemaking project Fund 3100 331,100 331,100 Establish budget to spend transfer from GF on MMOM/Placemaking project Fund 1000 400,000 400,000 Total Other Capital Projects - 810,500 810,500 Technology Capital Projects Transfer of Interest Income to Technology projects Fund 3400 150,000 150,000 Establish budget to spend Interest Income on Technology projects Fund 3400 150,000 150,000 Establish budget to spend transfer from GF on Technology projects for project managers Fund 1000 840,000 840,000 Total Technology Capital Projects - 1,140,000 1,140,000 Drainage Operating Fund Establish King Count Grant for Downey Farmstead KCC 3.70 56,380 56,380 Total Drainage Operating Fund 56,380 - 56,380 Facilities Capital Projects Transfer of Interest Income to Facilities Management Fund Fund 5400 900 900 Total Facilities Capital Projects - 900 900 Budget Adjustment Detail for Budget Changes October 1, 2019 to November 30, 2019 8.H.b Packet Pg. 160 Attachment: Q4 2019 Exhibit A & Budget Detail (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Budget Adjustment Detail for Budget Changes October 1, 2019 to November 30, 2019 Central Services Fund Establish budget to spend additional funds received from divisional computer replacements 32,000 32,000 Use of fund balance for business analyst (one time only)260,000 260,000 Total Central Services Fund - 292,000 292,000 Facilities Management Fund Establish budget to spend Interest Income from Facilities Capital Projects Fund Fund 3500 900 900 Total Facilities Management Fund - 900 900 Liability Insurance Fund Establish budget to spend funds received from the GF on Judgments & Damages Fund 1000 360,000 360,000 Establish budget to spend increased Reimbursements budget on Judgments & Damages 215,000 215,000 Establish budget to spend increased Interest Income budget on Judgments & Damages 28,000 28,000 Use of fund balance to increase building insurance budget 150,000 150,000 Total Liability Insurance Funds - 753,000 753,000 Grand Total All Funds 78,380 6,883,901 6,962,281 8.H.b Packet Pg. 161 Attachment: Q4 2019 Exhibit A & Budget Detail (2090 : Fourth Quarter Consolidating Budget Adjustment Ordinance - Adopt) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Ordinance Amending Kent City Public Contracting and Procurement Code - Adopt MOTION: Adopt Ordinance No._____, amending Chapter 3.70 of the Kent City Code to incorporate recent changes to state law regarding bid limits for public works projects, raise the Mayor’s contract approval authority, allow the Mayor to approve contracts with temporary staffing firms, and permit the City Attorney to retain specialized attorneys and expert witnesses as needed. SUMMARY: Kent’s Public Contracting and Procurement Code is set forth in Chapter 3.70 of the Kent City Code. This chapter is amended from time -to-time to account for changes in state law related to public works contracts, and to establish efficiencies in the provision of government services. With the exception of public works contracts, the City Council has the authority to establish contracting regulations which are not dictated by state laws. In 2019, the Washington State Legislature passed ESSB 5418 related to the modernizing and efficiency of local government procurement. ESSB 5418 went into effect on July 28, 2019. Mainly, ESSB 5418 increased the dollar thresholds on public works projects requiring advertised bids. Specifically, for public works involving a single craft or trade, advertised bids are now required for projects estimated to exceed $75,500, up from the previous limit of $40,000. The limit for public works involving more than a single trade or craft has been raised from $65,000 to $116,155. For public works projects estimated to fall below these dollar thresholds, the director may determine what competitive bidding process will be used. ESSB 5418 also raised the dollar thresholds associated with the public works small works roster process. The small works roster allows the City to solicit quotations for public works from a roster in lieu of using other procedures, such as advertised bids, to award projects. Previously, the small works roster could only be used for public works estimated to cost $300,000 or less. This limit has now been raised to $350,000. Within the small works roster process, special notice requirements are imposed upon the projects estimated to cost higher amounts. These dollar limits have also been raised. 8.I Packet Pg. 162 In addition to the changes resulting from the passage of ESSB 5418, this ordinance will add an exception to bidding requirements for expenditures of lodging tax grant awards received by the City. Staff often applies to the Lodging Tax Advisory Committee for grant funding. These grant applications are often for the purpose of obtaining consultant services to explore specific projects or obtain specialized information in order to further the City’s goal of attracting people and business to Kent. If the City Council awards lodging tax grant funding to the City, this amendment to KCC 3.70.110 will allow City staff to directly negotiate the purchase of goods and services related to that specific lodging tax grant award without going through the bidding process. This ordinance will also permit the city attorney, with approval of the Mayor, to retain specialized attorney services and expert witnesses to assist with litigation or anticipated litigation, or specialized areas of the law in order to protect the legal interests of the City. This has been the practice of the City in the past, and this ordinance simply memorializes this current practice. In order to bring Kent’s approval levels in line with larger cities, such as Everett, Bellevue, Tacoma, and Vancouver, this ordinance changes the Mayor’s contract approval authority from $65,000 to $100,000 and change order or amendment authority from a maximum of $130,000 to $200,000. This amendment will achieve more efficiencies for staff in terms of resources dedicated to contracting as well as the timing of entering contracts. This ordinance also strikes KCC 3.70.230(F), which concerns the Mayor’s authority to surplus non-utility personal property. A separate ordinance updating the surplus code in Chapter 3.12 KCC will include a provision specifically addressing the surplus of personal property, making KCC 3.70.230(F) unnecessary. Finally, this ordinance contains a new section that provides the Mayor with authority to enter contracts with temporary staffing firms. Temporary staffing firms are utilized when departments are unable to directly hire qualified temporary employees due to a lack of availability of candidates or adverse market conditions. In addition, in some sectors of the workforce, such as the Information Technology sector, it is common practice for individuals who are available on a temporary basis to be available through temporary firms. While the Mayor has authority to permit the retention of temporary employees, the Mayor’s current authority to achieve the same outcome by utilizing a temporary staffing firm is limited by the code’s contract limits. This new code section will permit the Mayor to approve a contract with a temporary staffing firm to retain an individual for a period of up to 18 months at a total cost of up to $200,000, and the funds must be available in the department’s established budget. BUDGET IMPACT: None, though this should result in efficiencies in the use of resources. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services 8.I Packet Pg. 163 ATTACHMENTS: 1. Contract and Procurement Update - 2019 (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.I Packet Pg. 164 1 Amend Chapter 3.70 KCC - Public Contracting and Procurement ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.70 of the Kent City Code, entitled “Public Contracting and Procurement,” to: (1) incorporate recent changes in state law concerning dollar thresholds applicable to public works projects and the utilization of a small works roster; (2) amend KCC 3.70.110 to exempt the use of lodging tax grants awarded to the City from competitive bidding requirements with exceptions; (3) strike KCC 3.70.230(F) related to the surplus of property under specified circumstances; (4) provide the city attorney with authority to retain attorneys and expert witnesses for the provision of specialized attorney services; (5) permit the mayor to approve contracts with a value of up to $100,000 instead of $65,000, and change orders or amendments with a value of up to $200,000 instead of $130,000; and (6) permit the mayor to approve contracts with temporary staffing firms for the provision of contractors for up to 18 months and at a value of $200,000 or less. RECITALS A. Kent’s Public Contracting and Procurement Code is set forth in Chapter 3.70 of the Kent City Code. This chapter is amended from time-to- time to account for changes in state law related to public works contracts, and to establish efficiencies in the provision of government services. With the exception of public works contracts, the City Council has the authority to establish contracting regulations which are not dictated by state laws. 8.I.a Packet Pg. 165 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 2 Amend Chapter 3.70 KCC - Public Contracting and Procurement B. In 2019, the Washington State Legislature passed ESSB 5418 related to the modernizing and efficiency of local government procurement. ESSB 5418 went into effect on July 28, 2019. Mainly, ESSB 5418 increased the dollar thresholds on public works projects requiring advertised bids. Specifically, for public works involving a single craft or trade, advertised bids are now required for projects estimated to exceed $75,500, up from the previous limit of $40,000. The limit for public works involving more than a single trade or craft has been raised from $65,000 to $116,155. For public works projects estimated to fall below these dollar thresholds, the director may determine what competitive bidding process will be used. C. ESSB 5418 also raised the dollar thresholds associated with the public works small works roster process. The small works roster allows the City to solicit quotations for public works from a roster in lieu of using other procedures, such as advertised bids, to award projects. Previously, the small works roster could only be used for public works estimated to cost $300,000 or less. This limit has now been raised to $350,000. Within the small works roster process, special notice requirements are imposed upon the projects estimated to cost higher amounts. These dollar limits have also been raised. D. In addition to the changes resulting from the passage of ESSB 5418, this ordinance will add an exception to bidding requirements for expenditures of lodging tax grant awards received by the City. Staff often applies to the Lodging Tax Advisory Committee for grant funding. These grant applications are often for the purpose of obtaining consultant services to explore specific projects or obtain specialized information in order to further the City’s goal of attracting people and business to Kent. If the City Council awards lodging tax grant funding to the City, this amendment to KCC 3.70.110 will allow City staff to directly negotiate the purchase of goods 8.I.a Packet Pg. 166 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 3 Amend Chapter 3.70 KCC - Public Contracting and Procurement and services related to that specific lodging tax grant award without going through the bidding process. E. This ordinance will also permit the city attorney, with approval of the Mayor, to retain specialized attorney services and expert witnesses to assist with litigation or anticipated litigation, or specialized areas of the law in order to protect the legal interests of the City. This has been the practice of the City in the past, and this ordinance simply memorializes this current practice. F. In order to bring Kent’s approval levels in line with larger cities, such as Everett, Bellevue, Tacoma, and Vancouver, this ordinance changes the Mayor’s contract approval authority from $65,000 to $100,000 and change order or amendment authority from a maximum of $130,000 to $200,000. This amendment will achieve more efficiencies for staff in terms of resources dedicated to contracting as well as the timing of entering contracts. G. This ordinance also strikes KCC 3.70.230(F), which concerns the Mayor’s authority to surplus non-utility personal property. A separate ordinance updating the surplus code in Chapter 3.12 KCC will include a provision specifically addressing the surplus of personal property, making KCC 3.70.230(F) unnecessary. H. Finally, this ordinance contains a new section that provides the Mayor with authority to enter contracts with temporary staffing firms. Temporary staffing firms are utilized when departments are unable to directly hire qualified temporary employees due to a lack of availability of candidates or adverse market conditions. In addition, in some sectors of the workforce, such as the Information Technology sector, it is common 8.I.a Packet Pg. 167 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 4 Amend Chapter 3.70 KCC - Public Contracting and Procurement practice for individuals who are available on a temporary basis to be available through temporary firms. While the Mayor has authority to permit the retention of temporary employees, the Mayor’s current authority to achieve the same outcome by utilizing a temporary staffing firm is limited by the code’s contract limits. This new code section will permit the Mayor to approve a contract with a temporary staffing firm to retain an individual for a period of up to 18 months at a total cost of up to $200,000, and the funds must be available in the department’s established budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 3.70.090. Section 3.70.090 of the Kent City Code, entitled “Procurements for the performance of public works” is hereby amended as follows: Sec. 3.70.090. Procurements for the performance of public works. This section establishes the competitive bidding procedures that apply to procurements for the performance of public works and improvement projects when the small works roster provided for in Part 3 is not utilized. The thresholds provided in this section are to be evaluated based upon the complete public work, including the total cost for all materials, supplies, equipment, and labor. If the public work is for street signalization or street lighting, it is treated as a single craft or trade project for competitive bidding purposes. For the purposes of this section, RCW 35A.40.210 and RCW 35.23.352 are hereby adopted by reference, as now enacted or hereafter amended, in order to establish the thresholds for required bids for public 8.I.a Packet Pg. 168 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 5 Amend Chapter 3.70 KCC - Public Contracting and Procurement works. The amendment or recodification of RCW 35A.40.210 or RCW 35.23.352 shall be given its full force and effect in the city upon the effective date of its amendment or recodification. As of December 2019, the bid threshold set forth in RCW 35.23.352 is $75,500 if the work involves only one craft or trade or the public works project is street signalization or street lighting, and $116,155 if the work involves more than one craft or trade. A. Public work of forty thousand dollars ($40,000)/sixty-five thousand dollars ($65,000) or less – Director discretion. For a public work where the complete project involves only one (1) craft or trade and the cost is estimated at forty thousand dollars ($40,000) or less, or involves more than one (1) craft or trade and the cost is estimated at sixty-five thousand dollars ($65,000) or less, the director shall determine what competitive bidding process the department will utilize, if any, with direct negotiation being an acceptable option. Public work where the cost of the complete contract is estimated to be less than the bid threshold set forth in RCW 35A.40.210 and RCW 35.23.352. For a public work where the cost of the complete project is estimated to be less than the bid threshold set forth in RCW 35A.40.210 and RCW 35.23.352, the director shall determine what competitive process the department will utilize, if any, with direct negotiation being an acceptable option. It is incumbent on the director to seek the best price available under the circumstances, acting not only under existing market conditions, but also as a cautious steward of city resources. B. Public work greater than forty thousand dollars ($40,000) for single craft or trade, or greater than sixty-five thousand dollars ($65,000) for more than one (1) craft or trade – Advertised bids. Public work where the cost of the complete contract is estimated to be greater than the bid threshold set forth in RCW 35A.40.210 and RCW 35.23.352. 8.I.a Packet Pg. 169 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 6 Amend Chapter 3.70 KCC - Public Contracting and Procurement 1. Advertised bids. For a public work where the estimated cost of the complete project exceeds forty thousand dollars ($40,000) for a single craft or trade, or exceeds sixty-five thousand dollars ($65,000) for more than one (1) craft or trade, For a public work where the estimated cost of the complete project exceeds the bid threshold set forth in RCW 35A.40.210 and RCW 35.23.352, the city shall publish notice, at least one (1) time, and at least thirteen (13) days prior to the last date upon which bids will be received, calling for sealed bids. Publication of this notice should be in either the city’s designated official newspaper or another newspaper of general circulation that the city determines is most likely to bring responsive bids. The notice shall: (a) generally state the nature of the contemplated public work, (b) state that a description, plans, and specifications will be on file with the city, and (c) state that the bids are required to be sealed and filed with the city clerk within the time for submittal specified in the notice. The city shall, in its sole discretion, award the contract to the lowest responsive and responsible bidder, may waive any informalities in the bids received, and/or may reject any or all bids, and/or award the contract as otherwise provided for in this chapter. 2. Lowest Rresponsible bidder determination. For bid awards on a public work subject to the provisions of Chapter 39.04 RCW, and subject to available funding, the city may award the bid to the lowest responsive and responsible bidder. a. Supplemental responsibility criteria. In evaluating lowest responsible bidder qualifications, the city shall not only evaluate the responsibility requirements provided within RCW 39.04.350, as the same may be later amended, but also all other supplemental responsibility criteria that the originating department director may determine is applicable to a particular project and will help fulfill the city’s obligation to administer its budgets and complete its projects in a businesslike manner. Indicia of bidder responsibility inherently involve subjective determinations as to a bidder’s 8.I.a Packet Pg. 170 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 7 Amend Chapter 3.70 KCC - Public Contracting and Procurement ability to perform and complete the contract work responsibly and to the city’s satisfaction. The city has an obligation and a duty to its citizens and its taxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the public work. In adopting supplemental responsibility criteria, examples of qualifications the director may seek include, without limitation, those that may indicate the bidder’s: a.i. Ability, capacity, and skill to perform the work or provide the service required; b.ii. Reputation, character, integrity, judgment, experience, and efficiency; c.iii. Ability to perform the work within the time specified; d.iv. Quality of performance of previous work or services; e.v. Previous and existing compliance with laws relating to the work or services; f.vi. Access to sufficient tools and equipment to perform the work, and the expertise to operate the tools and equipment; g.vii. Total bonded capacity; h.viii. Bidder’s conduct under previous contracts; i.ix. Quality of work previously performed by bidder; j.x. References from other public and private entities that have hired the bidder to perform work; or k.xi. Other information as may be secured having a bearing on the decision to award the work. 8.I.a Packet Pg. 171 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 8 Amend Chapter 3.70 KCC - Public Contracting and Procurement However, as provided for in RCW 39.04.350, as amended, aAll supplemental criteria that may be considered, including the basis for evaluation and the deadline for appealing a determination that a bidder is not responsible, must be provided by the originating department in the invitation to bid or in the bidding documents, and the director of the originating department is authorized to determine the specific responsibility criteria for each contract or public works project. b. Option to choose the second lowest responsible bidder. Pursuant to RCW 35.23.352, if the city issues a written finding that the lowest responsible bidder has delivered a project to the city within the last three years which was late, over budget, or did not meet specifications, and the city does not find in writing that such bidder has shown how they would improve performance to be likely to meet project specifications, then the city may choose the second lowest responsible bidder whose bid is within five percent of the lowest bid and meets the same criteria as the lowest responsible bidder. C. Public work performed by city staff. For a public work where the complete project, including goods, materials, or equipment procured for inclusion, is below the bid threshold provided in subsection (B) of this section, that work may be performed by city staff. A complete public work that will exceed the bid threshold provided in subsection (B) of this section is subject to competitive bids, either through the small works roster process provided for in Part 3 or formal advertised bids as provided in subsection (B) of this section. SECTION 2. – Amendment – KCC 3.70.110. Section 3.70.110 of the Kent City Code, entitled “Exceptions to competitive bidding requirements” is hereby amended as follows: 8.I.a Packet Pg. 172 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 9 Amend Chapter 3.70 KCC - Public Contracting and Procurement Sec. 3.70.110. Exceptions to competitive bidding requirements. The competitive bidding requirements set forth in KCC 3.70.080 and 3.70.090 shall not apply to those instances set forth in this section. Nothing in this section can act to waive the authorization requirements established in Part 4 of this chapter, KCC 3.70.210 through 3.70.240. A. Waiver for purchases. The mayor may waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that: 1. The purchase is clearly and legitimately limited to a single source of supply within the near vicinity; or 2. The purchase is subject to special market conditions, or involves special facilities or services; or 3. The bidding requirements would otherwise not be practicable or in the city’s best interests under the circumstances. If a waiver is appropriate, the director shall prepare a memo to the mayor outlining the reasons for the requested waiver. If the mayor authorizes the waiver, the purchase may be completed by direct negotiation. The document evidencing the waiver granted by the mayor shall be maintained with the contract on file with the city clerk’s office in accordance with KCC 3.70.050. B. Waiver in emergency. When any emergency, including a public work emergency, requires the immediate execution of any contract, or authorization of any purchase, work, or change order or amendment to an existing contract, the mayor shall have the power to waive competitive bidding requirements and award all contracts necessary to address the emergency situation. 8.I.a Packet Pg. 173 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 10 Amend Chapter 3.70 KCC - Public Contracting and Procurement 1. Emergency defined. An emergency, as that term is used in this section, shall have the same meaning as provided in RCW 39.04.280(3), as the same may be later amended. 2. Emergency declared. If the competitive bidding requirements of this chapter are waived due to an emergency, the mayor shall issue a written finding of the existence of an emergency. This written finding, along with the resulting contract, shall be on file with the city clerk’s office and available for public inspection no later than two weeks after the contract is awarded. If an emergency procurement or contract exceeds $65,000, the city council shall be subsequently notified, but formal council ratification is not required. C. Professional and technical consultant contracts. Contracts entered into with professional or technical service consultants are not required to follow the competitive bidding requirements provided for in KCC 3.70.080, but may be entered into through direct negotiations. In contracting with professional or technical service consultants, it is incumbent on staff to seek the best price available under the circumstances, acting not only under existing market conditions, but also as a cautious steward of city resources. The following is a nonexclusive list of the type of professional or technical service consultants to which this subsection is intended to apply: 1. Licensed consultants. Consultants whose practice is certified or licensed by the state Department of Licensing, other state board, or similar agency, including, without limitation, real estate appraisers and brokers, attorneys, and accountants. This exception, however, does not apply to consultants who perform architectural, engineering, and land surveying services, which are subject to the provisions of KCC 3.70.070. 2. Health care and investment contracts. Contracts entered into by the city to provide employee health care insurance coverage, or to provide employee investment services. 8.I.a Packet Pg. 174 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 11 Amend Chapter 3.70 KCC - Public Contracting and Procurement 3. Administration services for liability claims and workers’ compensation claims. Contracts entered into by the city for insurance brokerage services, third-party administrator services for liability claims, and third-party administrator services for workers’ compensation claims. 4. Professional training and employee recruitment. Contracts entered into by the city to provide professional development or other training to city employees, volunteers, or elected officials, or to recruit for high level or specialized employee positions. D. Technology contracts. In consultation with the city’s technology department, purchases of hardware, software, maintenance, and associated technical support, training, and licensing, may be made without regard to the bidding requirements provided for in KCC 3.70.080 and 3.70.090 and may be entered into through direct negotiations. However, staff shall make reasonable efforts to obtain the best price available under the circumstances. E. Cultural performances, events, and public art. The performers and artists selected by the cultural programs division of the city’s parks, recreation, and human services department to perform at various events, to create public art for the city, or the contractors and vendors hired to provide services and equipment related to those performances, events, and art are solicited based on artistic quality, balance of genres, prominence, marketability, technical requirements, and ability to coordinate those events with minimum city staff involvement. Given the unique nature of these performers and artists and the need for multiple individuals and contractors to work together to successfully coordinate and conduct each performance or event, contracts to retain performance or artistic services or to conduct a performance or other cultural event, including without limitation support services provided by sound technicians, caterers, or other similar trades, are 8.I.a Packet Pg. 175 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 12 Amend Chapter 3.70 KCC - Public Contracting and Procurement not required to follow the competitive bidding requirements provided for in KCC 3.70.080, but may be entered into through direct negotiations with the city. F. Interlocal agreements or cooperative purchase agreements. The bidding procedures for purchases established under this chapter need not apply to interlocal agreements or cooperative purchase agreements with another public agency or agencies for joint or cooperative action. Interlocal agreements should, however, include the minimum standards provided for in Chapter 39.34 RCW. While this exception waives any competitive bid process, the interlocal agreement or cooperative purchase agreement must still be authorized in accordance with Part 4 of this chapter, unless the city attorney is consulted and advises otherwise. G. Use of another public agency’s bidding procedures. The competitive bidding procedures established in this chapter shall not apply to purchases made from a contractor or vendor who was awarded a contract using another public agency’s established procurement process for substantially the same purchase. The city’s reliance on the other public agency’s process shall constitute compliance with the bid requirements of this chapter. 1. Public works exclusion. Another public agency’s bidding process cannot be relied upon for public works projects above the bid threshold provided in KCC 3.70.090(B), including goods, materials, or equipment procured for inclusion in a public work. 2. Contract and authorization required. Once any competitive bid process is satisfied under this section, a contract between the city and the awarded contractor or vendor is required and must be authorized in accordance with Part 4 of this chapter, unless the city attorney is consulted and advises otherwise. H. Delegated purchasing authority. 8.I.a Packet Pg. 176 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 13 Amend Chapter 3.70 KCC - Public Contracting and Procurement 1. Purchases. Purchases made by a third party under purchasing authority delegated to it through a contract approved by the city council are not required to follow the competitive bidding requirements provided for in KCC 3.70.080. As an example, this waiver would apply to an operator the city has entered into a contract with to operate and maintain a public facility. Under this waiver, if the operator’s contract provided the operator was to purchase all paper or catering supplies, that purchase would not be subject to the competitive bid process set forth in KCC 3.70.080. 2. Kent Special Events Center (ShoWare Center). Management and operation of the ShoWare Center is unique to city operations. Efficient management requires flexibility to move quickly to respond to market requirements for concerts, sporting events, and other offerings. The ShoWare Center operator, a national company that operates similar venues throughout the United States, also has access to special pricing and conditions that otherwise might not be available if the city operated as a stand-alone enterprise. Based on this unique venue and with the continuing obligation that the operator always obtain the best available pricing on all purchases of goods or services, the ShoWare Center operator is authorized to purchase goods or services as needed so long as the operator does not exceed the established budget and so long as purchases over $25,000 are first approved by the chief administrative officer or his or her designee. In addition to any contract obligation, the operator will also provide the mayor and council with a monthly audit report documenting financial activities at the ShoWare Center. 3. Public works. While council may delegate in a contract the authority for a third party to procure a public work, the third party shall comply with any required competitive bid process applicable to the city for the public work. 8.I.a Packet Pg. 177 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 14 Amend Chapter 3.70 KCC - Public Contracting and Procurement I. Pass-through grant agreements. Contracts the city enters into with community-based social and human service providers, including subrecipients of grant funds received from the Community Development and Block Grant (CDBG) Program, are not required to follow the competitive bidding requirements provided for in KCC 3.70.080 for purchases, but may be entered into through direct negotiations with the city, or in accordance with any competitive process required under federal or state law as a condition of the grant. J. Pass-through fee contracts – No financial impact to city. Service contracts entered into at no or a nominal cost to the city, but result in any associated fee or charge being passed through to a party other than the city, including but not limited to an agreement with a collection company, need not comply with the competitive bidding requirements provided for in KCC 3.70.080 and may be entered into through direct negotiations with the city. K. Community service organizations. The city may enter into contracts with community service organizations without regard to the bidding requirements provided for in KCC 3.70.080. If the community service organization will perform a public work or improvement project, the value of the community service organization’s contribution will not be included within the public work’s bidding threshold under KCC 3.70.090 only if the requirements of RCW 35.21.278, as the same may be later amended, are met, including: 1. The organization is a chamber of commerce; a service organization; a community, youth, or athletic association; or other similar association located and providing service in the immediate neighborhood; 2. The work the organization will perform involves drawing design plans, making improvements to a park or public square, installing equipment 8.I.a Packet Pg. 178 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 15 Amend Chapter 3.70 KCC - Public Contracting and Procurement or artwork, or providing facility maintenance services as a community or neighborhood project; 3. The value of the benefit the city receives from the public work or improvement is at least equal to three times that of the city’s payment to the organization to reimburse the organization for its expenses; and 4. All payments made by the city to qualifying service organizations in any one year under this competitive bid exception does not exceed $2 per resident or $25,000, whichever amount is greater. L. Auctions. The city may purchase supplies, equipment, or materials at auctions conducted by the United States government or any of its agencies, or by the state of Washington and any of its political subdivisions, without being subject to the bidding requirements of this chapter. M. Recycled products. Nothing in this chapter shall prohibit the city from preferentially purchasing products made from recycled materials or products that may be recycled or reused, pursuant to Chapter 3.80 KCC or Chapter 43.19A RCW. N. Lodging Tax Grant Awards. If the City is awarded a grant by City Council through the Lodging Tax Advisory Committee process for the purchase of goods, materials, equipment, or services, not included within a public work, that purchase is not required to follow the competitive bidding requirements provided in KCC 3.70.080, and a contract for such purchase may be entered into through direct negotiations. The procurement of architectural, engineering, and land surveying services, however, remains subject to the requirements provided in KCC 3.70.070. SECTION 3. – Amendment – KCC 3.70.130. Section 3.70.130 of the Kent City Code, entitled “Contract cost of three hundred thousand dollars ($300,000) or less” is hereby amended as follows: 8.I.a Packet Pg. 179 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 16 Amend Chapter 3.70 KCC - Public Contracting and Procurement Sec. 3.70.130. Contract cost of three hundred fifty thousand dollars ($300,000350,000) or less. For those public works that would otherwise require advertised bids, but the estimated cost of the complete work, including any applicable sales tax, is three hundred fifty thousand dollars ($300,000350,000) or less, or the current statutory limit provided for in RCW 39.04.155, the city need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property. Instead, the city may use the small works roster procedure for public works as set forth in this Part 3. The splitting of any public work into units or accomplishing any public work by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. The small works roster process provided for in this Part 3 is an option available to city staff at the discretion of the director. For any qualified public work, advertised bids in accordance with KCC 3.70.090(B) may always be utilized. Similarly, the small works roster process may also be utilized, at the discretion of the director, in lieu of the process set forth in KCC 3.70.090(A) through (C). SECTION 4. – Amendment – KCC 3.70.180. Section 3.70.180 of the Kent City Code, entitled “Telephone or written quotations” is hereby amended as follows: Sec. 3.70.180. Telephone or written quotations. For those public works projects where the small works roster is utilized, the city shall obtain telephone, written, or electronic quotations for public works projects from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010 and 39.04.350, as follows: 8.I.a Packet Pg. 180 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 17 Amend Chapter 3.70 KCC - Public Contracting and Procurement A. Content of invitation for bid/quote. Work awarded to a contractor off offrom a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This section does not eliminate other requirements for architectural, engineering, or land surveying approvals as to quality and compliance with building codes, or any statutory bonding, retainage, and prevailing wage provisions. B. Number of required invitations. 1. All small works projects. If quotations are invited from less than all contractors on the appropriate small works roster, at least five (5) contractors from the roster who have indicated the capability of performing the kind of work being contracted must be invited to submit a bid or quote in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. If there are less than five (5) contractors on the appropriate small works roster, quotations must be invited from all contractors. a. For purposes of the small works roster, equitably distribute means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the city representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project. 2. Small works projects from one two hundred fifty thousand dollars ($150,000250,000) to three hundred fifty thousand dollars ($300,000350,000). In addition to the requirement of subsection (B)(1) of this section, if the estimated cost of the work is from one two hundred fifty thousand dollars ($150,000250,000) to three hundred fifty thousand dollars ($300,000350,000) and the city invites bids or quotes from less than all 8.I.a Packet Pg. 181 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 18 Amend Chapter 3.70 KCC - Public Contracting and Procurement contractors on the appropriate roster, the city must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The city has the sole option of determining whether this notice is made to the remaining contractors by: a. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done; b. Mailing a notice to these contractors; or c. Sending a notice to these contractors by facsimile or other electronic means. C. Response to invitation for bid/quote. Invited contractors who are interested in the solicited work should respond within the time and by the manner declared by the city in the invitation. Failure to timely or properly respond may result in the contractor’s bid being rejected. D. Bid bond – Optional at director’s discretion. A contractor’s bid, solicited under the small works roster process provided for in this Part 3, need not include, at the discretion of the director, a bid bond as required by RCW 35.23.352. All other bonding, retainage, and prevailing wage provisions applicable to public works projects apply to contracts entered into under the small works roster process. E. Written record. The city shall maintain a written record of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiryat least one of the following: telephone or electronic request. Nothing in this section is intended to supplant the city’s duties and obligations under the Public Records Act. 8.I.a Packet Pg. 182 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 19 Amend Chapter 3.70 KCC - Public Contracting and Procurement SECTION 5. – Amendment – KCC 3.70.210. Section 3.70.210 of the Kent City Code, entitled “Contract required and approval necessary” is hereby amended as follows: Sec. 3.70.210. Contract required and approval necessary. After complying with the competitive bidding process provided for within Part 2 or Part 3 of this chapter, all work or any purchase authorized with a particular vendor, consultant, or contractor that cumulatively is expected on a particular project to exceed an annual amount of $20,000 must be in writing, and approved according to the authority provided for within this Part 4. The thresholds provided in this section are to be evaluated based upon the total cost of the purchase or work, including applicable sales tax. A. Contract log. The city clerk will maintain a log of all new contracts executed by the city and delivered to the city clerk’s office in accordance with KCC 3.70.050. Each department must confirm that all contracts are routed to the city clerk’s office. The operator of the Kent Special Events Center (ShoWare Center) will also maintain a record of all contracts entered into over $25,000 and report those contracts to the city clerk. B. Exception to contract requirement. If sufficient funds exist in the approved budget, a written contract may not be required if: (1) another agency’s bid process was relied upon as authorized under KCC 3.70.110(G); (2) contracts bid or negotiated by another agency allow the city to receive under that contract on substantially the same terms; and (3) the city attorney has determined the contract between the bidding agency and the awarded contractor or vendor sufficiently protects the interests of the city. C. Estimated procurement costs. When determining whether director, mayoral, or council approval is required for any contract, and the total cost of the contract is unknown because a definite term or unit amount cannot 8.I.a Packet Pg. 183 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 20 Amend Chapter 3.70 KCC - Public Contracting and Procurement be reasonably determined, the procurement cost, for the purpose of establishing appropriate contract approval procedure, is the estimated annual cost of the procurement, including any estimated sales tax. SECTION 6. – Amendment – KCC 3.70.220. Section 3.70.220 of the Kent City Code, entitled “Director approval” is hereby amended as follows: Sec. 3.70.220. Director approval. Directors may approve work or purchases, and have signatory authority to execute any requisite contract, for the following: A. Contracts – $20,000 or less. All purchases or work authorized by a director and valued at $20,000 or less should be memorialized in a written contract. Any contract or procurement in the amount of $20,000 or less, which can be paid from the originating department’s existing annual budget, may be approved and signed by the director. B. Change orders or contract amendments. The director is authorized to approve and sign the following contract change orders or amendments: 1. Change orders or contract amendments that involve no increase in the contract amount, such as an extension of time for the contractor to perform. 2. Change orders or contract amendments that collectively do not exceed 10 percent or $65,000 of the original contract amount, including any applicable taxes, whichever amount is greater. This change order approval authority may only be exercised if sufficient funds remain in the approved project or department budget to pay the change order or amendment amount. C. Grant applications, award agreements, bequests, donations, or other gifts – $25,000 or less. The director may approve and sign all grant 8.I.a Packet Pg. 184 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 21 Amend Chapter 3.70 KCC - Public Contracting and Procurement applications, unless the application itself requires otherwise. The director may also accept any grant, bequest, donation, or other gift in the total amount of $25,000 or less, and is authorized to approve and sign all documents necessary to receive the grant, bequest, donation, or other gift. In determining the total grant, bequest, donation, or gift amount for application of this section, the cost of any matching funds and the cost of fulfilling all conditions placed on the city’s acceptance of the grant, bequest, donation, or gift must be included in the calculation. In order for the director to have the authority granted by this section, any matching funds required to obtain the grant, bequest, donation, or gift must be available within the director’s existing budget. Upon the city’s receipt of the grant, bequest, donation, or gift funds in the total amount of $25,000 or less, the finance director is authorized to amend the department director’s budget and authorize expenditure of the funds. The finance director may then include these funds in the budget adjustment ordinance. 1. Grant reimbursement requests. Once a grant agreement is approved as provided for in this chapter, the director or designee is authorized to sign any grant reimbursement request or voucher, annual or final fiscal report, or any certification statement that may be required by the federal, state, or other local agency awarding or administering the grant. This delegation of authority specifically includes without limitation the certification required by 2 CFR 200.415, as currently enacted or hereafter amended or recodified. D. Collective bargaining agreements. Unless the terms of a collective bargaining agreement provide otherwise, the director of human resources or the director’s designee is authorized to sign all agreements, or subsequent amendments to those agreements, with the city’s bargaining units if the financial impact of the agreement or amendment is valued at 8.I.a Packet Pg. 185 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 22 Amend Chapter 3.70 KCC - Public Contracting and Procurement $65,000 or less, and sufficient funds remain in the budget to cover that financial impact. E. Contracts for specialized attorney services. The city attorney, with approval of the mayor, shall have authority to retain attorneys and expert witnesses to assist with litigation or anticipated litigation, or help with areas in which specialized attorney services are necessary for the protection of the city’s legal interests; provided, the retention of attorneys pursuant to this subsection shall be within established budgets. SECTION 7. – Amendment – KCC 3.70.230. Section 3.70.230 of the Kent City Code, entitled “Mayor approval” is hereby amended as follows: Sec. 3.70.230. Mayor approval. The mayor has signatory authority and may approve the following: A. Contracts – Over $20,000. All purchases or work valued at an amount in excess of $20,000 must be memorialized in a written contract and signed by the mayor. Any contract valued at an amount of $65,000100,000 or less may be signed by the mayor without city council approval if funds are available within the existing budget to pay the associated contract costs. B. Change orders or contract amendments. The mayor is authorized to approve and sign change orders or contract amendments that collectively are within 20 percent or $130,000200,000 of the original contract amount, including any applicable taxes, whichever amount is greater, if sufficient funds remain within the existing project or city budget. C. Grant acceptance, award agreements, bequests, donations, or other gifts. The mayor is authorized to approve and sign any application requesting grant funds for various city purposes if the grant application requires. The mayor may also accept any grant, bequest, donation, or other 8.I.a Packet Pg. 186 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 23 Amend Chapter 3.70 KCC - Public Contracting and Procurement gift in the amount of $65,000100,000 or less, and is authorized to sign all documents necessary to receive the grant, bequest, donation, or other gift. In determining the total grant, bequest, donation, or gift amount for application of this section, the cost of any matching funds and the cost of fulfilling all conditions placed on the city’s acceptance of the grant, bequest, donation, or gift must be included in the calculation. In order for the mayor to have the authority granted by this section, any matching funds required to obtain the grant, bequest, donation, or gift must be available within the existing budget. Upon the city’s receipt of the grant, bequest, donation, or other gift funds as provided in this section, the finance director is authorized to amend the budget and authorize expenditure of the funds. The finance director may then include these funds in the budget adjustment ordinance. All reimbursement requests, vouchers, reports, or certification statements are to be signed by the director or designee in accordance with KCC 3.70.220(C)(1). D. Interlocal agreements. The mayor may approve and sign any agreement between the city and another public agency, including those entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW, without council approval, so long as any money that may be paid or received by the city under the terms of the agreement, or any resources dedicated by the city to the cooperative effort, does not exceed $65,000100,000, and any payment or dedicated resource obligation under the agreement may be paid through the existing budget. E. Real property interests. The mayor is specifically authorized to do the following: 1. To acquire and convey rights-of-way and other property interests by lease or purchase when the city council has dedicated sufficient funds for the lease or purchase within the existing annual budget or project budget. 8.I.a Packet Pg. 187 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 24 Amend Chapter 3.70 KCC - Public Contracting and Procurement 2. To enter into any lease or other agreement conveying an interest in real property where the total annual amount paid or received under the agreement, or the total annual fair market value of the real property interest conferred, is $25,000 or less. However, no authority delegated under this section shall authorize approval of a lease or other agreement conveying an interest in real property for a term greater than two years, including all options to renew, without express approval of the city council. 3. To accept land, attachments, fixtures, improvements, appurtenances, and other real or personal property interests that are dedicated to the city as a condition of a private developer’s development permit or regulatory approval, or to release the same as part of such development approval, subject to prior review and approval by the city attorney. F. Surplus. Except for real property, or utility equipment and property as provided for in RCW 35.94.040, as the same may be later amended, or property that is sold to another governmental entity that is valued over $50,000 as provided for in RCW 39.33.020, as the same may be later amended, the mayor, upon a director’s recommendation, is authorized to surplus equipment or property the mayor determines is surplus to the city’s needs, and the mayor may sell or otherwise dispose of such surplused equipment or property for fair market value or as otherwise allowed by law. GF. Pass-through fee contracts. Service contracts entered into at no or a nominal cost to the city, but that result in any associated fee or charge being passed through to a party other than the city, such as an agreement with a collection company, may be approved and signed by the mayor, subject to prior review by the city attorney. HG. Emergency. If an emergency exists as provided for in KCC 3.70.110(B), the mayor may sign all documents and take all actions 8.I.a Packet Pg. 188 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 25 Amend Chapter 3.70 KCC - Public Contracting and Procurement necessary to address the emergency. If council approval would have been required by KCC 3.70.240, the city council shall be subsequently notified, but formal ratification is not required. IH. Collective bargaining agreements. Unless the terms of a collective bargaining agreement provide otherwise, the mayor is authorized to sign all agreements, or subsequent amendments to those agreements, with the city’s bargaining units if the financial impact of the agreement or amendment is valued at $130,000 or less, and sufficient funds remain in the city’s budget to cover that financial impact. If the financial impact is greater than $130,000, or if sufficient funds do not exist within the budget to cover the financial impact, council authorization must first be obtained before the mayor is authorized to sign the agreement or amendment. I. Contracts with temporary staffing firms. Temporary staff may be retained through staffing firms that provide temporary employees to work for the city. The mayor is authorized to sign contracts with staffing firms for temporary employees for technical, programming, and project support professionals, as well as architects, engineers, and other professionals when the contract term does not exceed 18 months and the contract value does not exceed $200,000. Funding for contracts approved by the mayor under this section shall be within the contracting department’s established budget. In the event a contract was signed by the mayor under this section, and it is later determined that the length or cost of the contract will exceed the time or amount provided in this section, the mayor’s change order or amendment authority shall not apply and the department director shall bring the matter before the city council for consideration of ratification. Nothing in this section shall limit the authority of department directors or the mayor as provided in other sections of this chapter. 8.I.a Packet Pg. 189 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 26 Amend Chapter 3.70 KCC - Public Contracting and Procurement SECTION 8. – Amendment – KCC 3.70.240. Section 3.70.240 of the Kent City Code, entitled “Council approval” is hereby amended as follows: Sec. 3.70.240. Council approval. Council authorization is required before the mayor is authorized to purchase or sign the items identified below. Upon council approval, all attachments and documents pertinent to the authorized act are impliedly approved even if they are not expressly stated or identified. Further, minor adjustments may be made to any documents or additional action taken if such changes are consistent with council’s approval and do not result in additional costs being paid by the city in excess of the amounts provided in KCC 3.70.230(B), if those additional costs are within established budgets. A. Contracts – Over $65,000100,000. All purchases or work valued at an amount in excess of $65,000100,000 must be memorialized in a written contract. If a contract’s estimated cost is over $65,000100,000, or if there are not sufficient funds in the existing budget to pay the full contract amount, the city council must first authorize the contract before the mayor may sign the contract to make it effective and binding upon the city. 1. When the city council has specifically considered and approved a project with a line item in the budget that identifies: (a) the contracting party, if known, (b) specific information as to the purchase or scope of the contract, (c) the estimated total cost of the purchase or contract, and (d) the term of the anticipated contract does not exceed two years, that budget line item allocation shall constitute council authorization for the purposes of this section if the actual cost does not exceed the amount budgeted for that expense. 2. The city council may delegate to a third-party procurement authority on the city’s behalf. If such a delegation is made, no further council 8.I.a Packet Pg. 190 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 27 Amend Chapter 3.70 KCC - Public Contracting and Procurement approval is required. Any delegated procurement authority must be exercised in accordance with KCC 3.70.110(H). B. Change orders or contract amendments. All change orders or amendments that exceed the mayor’s authority under KCC 3.70.230(B) must be authorized by the city council and signed by the mayor before becoming effective and binding upon the city. Once a change order or contract amendment is approved by council, the revised contract amount becomes the amount applicable for calculating future approval authority for subsequent change orders or amendments. C. Agreements for receipt of grants, bequests, donations, or other gifts. If the city is awarded any grant, bequest, donation, or other gift in excess of $65,000100,000, the city council first must authorize acceptance of the funds and the mayor’s execution of any resulting agreement. All reimbursement requests, vouchers, reports, or certification statements are to be signed by the director or designee in accordance with KCC 3.70.220(C)(1). D. Interlocal agreements. Any agreement between the city and another public agency that involves the payment or receipt of money, or the dedication of city resources, in excess of $65,000100,000, including agreements entered into under the Interlocal Cooperation Act of Chapter 39.34 RCW, or that involves a payment obligation the city is unable to meet under the existing budget, must be authorized by the city council and signed by the mayor before becoming effective and binding upon the city. E. Real property interests. Except for the limited authority codified in KCC 3.70.230(E), council approval is required for all real property leases, sales, or purchases that are not incidental to implementation of a prior project or program approved by council. Council approval is also required 8.I.a Packet Pg. 191 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 28 Amend Chapter 3.70 KCC - Public Contracting and Procurement before the mayor may sign any lease or other agreement conveying an interest in real property where the total annual rental value of the lease or other real property interest conferred is more than $25,000 or for a term greater than two years, including all options to renew. SECTION 9. – 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 10. – 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 11. – 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: 8.I.a Packet Pg. 192 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - 29 Amend Chapter 3.70 KCC - Public Contracting and Procurement ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.I.a Packet Pg. 193 Attachment: Contract and Procurement Update - 2019 (2092 : Ordinance Amending Kent City Public Contracting and Procurement Code - DATE: December 10, 2019 TO: Kent City Council SUBJECT: Letter of Support for RapidRide I - Authorize MOTION: Authorize the Mayor to sign a Letter of Support for King County Metro’s RapidRide I proposal. SUMMARY: RapidRide I is a proposal to provide faster, more frequent service to connect the Renton and Auburn Transit Centers via Benson Hwy/108th Avenue SE/104th Avenue SE, Canyon Drive, Kent Station and Central Avenue. Over the last year, Kent staff and King County Metro staff have participated in on-going collaboration to discuss route alignment, stops, and potential speed and reliability capital improvements. A key decision was coordinating on whether the alignment would utilize James Street or Canyon Drive. Staff agrees with Metro’s preferred alignment along Canyon Drive. The alignment on Canyon facilitates increased access to transit for priority populations and multiple community assets, such as parks, schools and commercial areas. This alignment also supports future redevelopment in the East Hill. In addition, Kent staff have collaborated extensively with King County Metro staff to set the approximate location of stops in city. The City is in the process of working with Metro to evaluate the list of potential speed and reliability improvements along the route. The final list of speed and reliability improvements will be determined in mid-2020. King County Metro has requested a letter of support for RapidRide I. The letter of support highlights the on-going collaboration between Kent staff and King County Metro and acknowledges the coordination and collaboration planned in the coming year. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Exhibit RapidRide I Letter of Support (PDF) 8.J Packet Pg. 194 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.J Packet Pg. 195 Rob Gannon, General Manager King County Metro King Street Center, KSC-TR-0415 201 S. Jackson Street Seattle, WA 98104-3836 RE: Support for King County Metro’s RapidRide I December ?, 2019 Dear Mr. Gannon: On the behalf of the City of Kent, I am writing in support of the RapidRide I Line, which will connect the Renton Transit Center to the Auburn Transit Center via Benson Hwy/108th Avenue SE/104th Avenue SE/SR 515, Canyon Drive, Kent Station and Central Avenue. The City of Kent agrees with Metro’s preferred alignment especially the decision to route on Canyon Drive instead of James Street. The alignment on Canyon facilitates increased access to transit for priority populations and multiple community assets. This alignment also supports future redevelopment in the East Hill area of Kent. The City of Kent is in the process of working with Metro to evaluate the list of potential speed and reliability improvements along the route. Kent commends Metro for their efforts to collaborate with Kent. We would like to thank King County Metro staff for their efforts to involve Kent staff, residents and stakeholders in the RapidRide I development. We look forward to continuing our partnership with Metro and the RapidRide team through implementation of the RapidRide I Line in Kent. Sincerely, Dana Ralph Mayor cc: King County Executive Dow Constantine King County Council Member Claudia Balducci, Regional Transit Committee Chair King County Council Member Dave Upthegrove, Mobility and Environment Committee Chair Greg McKnight, Project Manager, RapidRide I, King County Metro 8.J.a Packet Pg. 196 Attachment: Exhibit RapidRide I Letter of Support (2093 : Letter of Support for RapidRide I - Authorize) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Letter of Support for the Renton/Kent/Auburn Area Mobility Plan - Authorize MOTION: Authorize the Mayor to sign a Letter of Support for King County Metro’s proposed Renton Kent Auburn Area Mobility Plan 2020 service change. SUMMARY: The Renton Kent Auburn Area Mobility Plan was an extensive effort by King County Metro to evaluate and update routes in Kent and adjacent municipalities in preparation for the new RapidRide I. The City of Kent has been participating in a staff capacity, which included outreach to the community, participation on the Partner Review Board, and briefings to the City Council during the planning process. The plan’s goals were to: - Deliver an upgraded, integrated mobility network with fixed-route and flexible services. - Increase performance, reliability, and accessibility of the Metro transit system in south King County. - Improve transit access to opportunity for people of color, low-income, and limited-English proficiency populations. - Deliver a new frequent route between Renton, Kent, and Auburn that would be upgraded to the RapidRide I Line in 2023. The main deliverable of the plan is an updated transit network in the cities of Kent, Auburn, Renton, and portions of adjacent cities and King County. The proposed transit network changes will be voted on by the King County Council in Spring 2020 for implementation in September 2020. Below is a summary of the service improvements in Kent: - Frequency Improvements o Routes 164, 166, 168, 183, and 180 (from Auburn Station to Kent Station) would have increased frequency. - Nights & Weekends Service Improvements 8.K Packet Pg. 197 o Route 164 would receive Sunday service and additional evening and night service. o Route 166 would receive additional evening and night service and extended weekend service. o Route 168 would receive additional evening and night service and extended weekend service. o Route 183 would receive additional Saturday service. - New Connections o One-seat ride connection (no transfers) between Covington, Kent, SeaTac, and Burien (through-routed routes 180 and 168) o Frequent, all-day, one-seat ride connection between Renton, Kent, and Auburn (future I Line) o One-seat ride connection between Des Moines, Highline College, Kent, and Green River College (through-routes routes 166 and 164) o Bus service from the Kent East Hill with timed connections to Sounder (Route 164) The proposed changes will provide increased service on Kent’s East Hill and to the Kent Sounder Station. Additionally, the proposed changes incorporated many of the priorities of Kent residents and businesses heard during King County Metro outreach and during City of Kent outreach for the Transportation Master Plan (TMP) update. King County Metro has requested a letter of support for the proposed Renton Kent Auburn Area Mobility Plan King County Metro service changes to be included in the Service Change Ordinance Package that will be submitted to the King County Council for a vote in the Spring of 2020. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Exhibit RKAAMP Letter of Support (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMO US] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.K Packet Pg. 198 Rob Gannon, General Manager King County Metro King Street Center, KSC-TR-0415 201 S. Jackson Street Seattle, WA 98104-3836 RE: Renton Kent Auburn Area Mobility Plan Service Changes December ?, 2019 Dear Mr. Gannon: On the behalf of the City of Kent, I am writing in support of the proposed Renton Kent Auburn Area Mobility Plan King County Metro service changes. The City of Kent has been participating in the Renton Kent Auburn Area Mobility Plan in a staff capacity, which included outreach to the community, participation on the Partner Review Board, and briefings to the City Council during the planning process. The proposed changes will provide increased service on Kent’s East Hill and to the Kent Sounder Station. In addition, the changes increase night and weekend service and create new single trip connection between Covington, Kent, SeaTac, and Burien and between Des Moines, Highline College, Kent, and Green River College. The proposed changes incorporated many of the priorities of Kent residents and businesses heard during King County Metro outreach and during City of Kent outreach for the Transportation Master Plan (TMP) update. There are on-going communication and equity issues that we encourage King County Metro to address in 2020:  Communication: During outreach for the City of Kent Transportation Master Plan (TMP) update, Kent residents repeatedly asked for assistance in understanding how to use King County Metro routes and how to reach destinations using transit. The City of Kent requests Metro evaluate how to effectively provide “how to” information to Kent’s diverse residents.  Equity: The City of Kent is a very diverse city. This strength creates some challenges. The City of Kent encourages King County Metro to continue to develop lines of communication to ensure all Kent residents are served equitably. The City of Kent is looking forward to future efforts to develop transit routes to serve the new Kent-Des Moines and Star Lake Link light rail stations as well as efforts to develop and construct the next RapidRide line that will link the Kent-Des 8.K.a Packet Pg. 199 Attachment: Exhibit RKAAMP Letter of Support (2094 : Letter of Support for the Renton/Kent/Auburn Area Mobility Plan - Authorize) Moines Link light rail station to Green River College via Kent Station and SE Kent- Kangley Road. We would like to thank King County Metro staff for their efforts to involve Kent staff, residents and stakeholders in the process to develop the proposed service changes. Sincerely, Dana Ralph Mayor cc: King County Executive Dow Constantine King County Council Member Claudia Balducci, Regional Transit Committee Chair King County Council Member Dave Upthegrove, Mobility and Environment Committee Chair Natalie Westberg, Project Manager, Renton Kent Auburn Area Mobility Plan, King County Metro 8.K.a Packet Pg. 200 Attachment: Exhibit RKAAMP Letter of Support (2094 : Letter of Support for the Renton/Kent/Auburn Area Mobility Plan - Authorize) DATE: December 10, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan Phase 3 Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Fehr & Peers for an amount not to exceed $314,580 to provide consultant services in support of the Transportation Master Plan Update, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Since December 2019, Kent staff along with staff from Fehr & Peers have been completing tasks in the Transportation Master Plan (TMP) Phase 1 and Phase 2 consultant contract. The products of the TMP Phase 3 consultant contract, using information from Phase 1 and 2, include an adopted TMP document, an updated and adopted Transportation Impact Fee (TIF), and updated concurrency program. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Exhibit Fehr & Peers - TMP (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.L Packet Pg. 201 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Fehr & Peers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located and doing business at 1001 4th Avenue, Suite 4120, Seattle, WA 98154, Phone: (206) 576-4220, Contact: Kendra Breiland (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist in the third phase of the City's Transportation Master Plan. For a description, see the Consultant's Scope of Work and Timeline which is attached as Exhibit A and B and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Fourteen Thousand, Five Hundred Eighty Dollars ($314,580), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 8.L.a Packet Pg. 202 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.L.a Packet Pg. 203 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 8.L.a Packet Pg. 204 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / 8.L.a Packet Pg. 205 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Kendra Breiland Fehr & Peers, Inc. 1001 4th Avenue, Suite 4120 Seattle, WA 98154 (206) 576-4220 (telephone) (206) 576-4225 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Fehr & Peers - TMP 4/Delchamps 8.L.a Packet Pg. 206 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.L.a Packet Pg. 207 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.L.a Packet Pg. 208 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.L.a Packet Pg. 209 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 11,2019 H tltl Gity 0f lfent lransFortation Master Plan tsltr Ê Posrs Phase t of llork - llovsm[sr lı,201$ The City's Transportation Master Plan (TMP) will provide a framework to guide transportation investments over the next 20 years in accordance with the community's transportation goals. It will be developed through close collaboration between City staff, elected and appointed community representatives, and the public at-large to help improve mobility and quality of life. The plan development thus far has been structured into two phases of work: Phase L - Identify draft project goals with City staff and answer key questions about the travel demand model Phase 2 - Assess existing trends and conditions, perform public outreach on draft goals, approve goals, draft multimodal level of service metrics and performance measures, and develop a baseline travel demand model. The purpose of this scope is to outline the consultant team's involvement in the third phase of the TMP process. The remaining components necessary to complete a TMP are outlined in this scope of work, including: future projects development and evaluation, concurrency and impact fee program updates, future travel demand model development, plan development, and ongoing public outreach with the goal of working towards planned adoption of the TMP in October 2020. Iask 0 - The objective of this task is to ensure effective and efficient communication between the Consultant and the City project team to anticipate and resolve problems and assure the project deliverables meet the City's expectations. We will be responsible for proactively managing the tasks and providing all services and work needed to complete the project. We will communicate with the client if there is a potential impact to the schedule due to outstanding data needs or decisions made by City Staff. 0.1 Pnoisct leam Meetinus and Communication Fehr & Peers will attend biweekly project team meetings. Project team meetings are anticipated to be half-hour check-in calls with in-person meetings scheduled as needed. The bi-weekly check in calls in this contract are expected to occur between January 2020 and October 2020. In addition to biweekly project team meetings, the project team will convene monthly in person or by phone in a one-hour meeting. Monthly meetings are anticipated to include two staff from Fehr 8¿ Peers and one representative from BERK. Deliverobles: . Project team meeting notes ¡ Monthly invoices showing the previous month's billing by hours and tasks, and a project status report by task a a i-1=.... EXHIBIT A 8.L.a Packet Pg. 210 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 Iask I - Forssast Ysar Modol Task L describes the steps necessary to develop a travel demand model customized for the City of Kent that is also consistent with the Puget Sound Regional Council (PSRC) trip-based model. As part of the Phase 2 work, Fehr & Peers developed a base year travel demand model, built off the PSRC EMME model framework. In this task, Fehr & Peers will build off the baseline model to develop a future year model scenario. l.l Land Use lnputs f0r tuture ttlodeling Future year assumptions related to citywide land use are reliant on City input. As such, the development of the model's future year scenario will be held back until the City is able to supply future year land use assumptions by TAZ for use in the travel model. To support the development of these future year modeling assumptions, we plan to meet in person with City staff related to the development of these land use assumptions. We view our role in this task as providing guidance on the level of detail needed and coordinating with City staff to interpret PSRC provided land use. We understand that Vision 2050 land use will likely not be available until spring 2020 at the earliest. Therefore, we will start with the Vision 2040 land use provided by PSRC. Then, BERK will assist with land use allocation approaches for targeted locations (e.9. Midway and Downtown or other as identified by City staff). BERK will identify a recommended allocation that balances land use in accordance with City plans while respecting PSRC model guidance (e.9. allowance to reallocate within the City). BERK will provide a memo with the approach/rationale and a spreadsheet identifying the reallocation by land use type. Two rounds of review are anticipated. Assumptíons: City of Kent Staff will lead development of future year land use assumptions. We will provide recommendations for formatting into the model, but we will not be responsible for making land use allocation decisions, apart from Berk's identified role above Deliverobles: Future year land use assumptions by'lAZfor the future year scenario. BERK will provide a memo with the approach/rationale and a spreadsheet identifying the reallocation by land use type. 1.2 tuture Year $ssnario This task will develop the inputs and necessary modifications for the future year scenario (2040). In addition to the land use assumptions that will be developed in Task L.L, the roadway and transit networks will be updated to include any planned improvement projects. The City will be responsible for providing a Page lì i '1.I - :?!-T i ,i, --1 :- -,gtÏ 8.L.a Packet Pg. 211 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 input on changes within the City. Outside of the City, changes will be based on the assumptions in the PSRC model. This task could also develop customizations for the City's model based on the specific requirements of an adopted MMLOS policy or specific variables/policies that the City would like to test within the travel model. In conjunction with reviewing model outputs, Fehr 8¿ Peers will develop the intersection volume post-processor to be used in analyzing vehicle intersection operations. We will meet with City staff in one one-hour meeting to familiarize City staff with the capabilities of the model. Deliverobles: o Model forecasting report summarizing future year inputs and assumptions o Spreadsheet of future year intersection-level forecasts o High-level model-wide results will also be summarized (i.e. daily vehicle trips generated and mode split). o Meeting agenda and notes Iask 2 - Pullic 0utrsaclr Building champions for this Transportation Master Plan is incredibly important. Community engagement is a key component of the overall process, ensuring that community stakeholders have ample opportun¡ty to identify issues, influence outcomes, and participate in final recommendations. This engagement program will approach these issues sensitively, creating a constructive context for conversation, debate, and, perhaps, change. The overall engagement program will enable collaboration in identifying and resolving issues, facilitate two-way communication, ensure transparency, and build trust. 2.1 0utreach and $ocialMedia $tnategy Plan As part of this task Fehr & Peers will work with BERK and City staff to refresh the Public Outreach Plan to include the Phase 3 outreach strategies, events, and timeline. Assumptions: The project team will deliver one updated outreach plan. As updates to the calendar are needed, City staff will continue to update and share with the team. City staff will work with the Kent Communications Manager on approval and implementation of the social media strategy Deliverobles: a Updated public outreach Plan and social media strategy plan a a Page i.2 =* ! .Ì: 8.L.a Packet Pg. 212 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 2.2 GityCouncilGlleck{ns The Consultant team will present at up to five City Council meetings to report on progress made and to request input from the Council. Council input will be needed at key points during the development of the TMP: o Performance Metrics . Draft project list o Draft Plan . Implementation items (impact fees, concurrency) Deliverables: ¡ Consultant attendance at City Council meetíngs o Presentationmaterials 2.3 Ïransrurtation Advisory Boaîd tIABl ileetin0s The TAB group will include a combination of Kent stafl other agencies, key stakeholders, and residents that are interested in the TMP process to provide both technical guidance and represent community interests in reviewing TMP recommendations. We will lead up to three meetings of the Transportation Advisory Board to solicit input on priorities and draft deliverables, and report on progress made. Fehr &, Peers will facilitate the advisory group meetings. Up to three Fehr & Peers staff will attend TAB meetings, including one staff member serving as the meeting facilitator. BERK will support the work of the advisory group, by contributing to preparation of materials, attending meetings, and preparing advisory committee notes. Assumptions . Up to three meetings will be held. If additional meetings are requested by City stafl Fehr 8¿ Peers will put a separate scope together on a cost and materials basis. . Meetings are anticipated to last one and a half hours to two hours long o Consultant team will prepare all materials for TAB meetings Deliverobles: Agendas and other materials for TAB meetings, which may include handouts, figures, maps, PowerPoint presentations, etc. Up to four members of the Consultant team will be present at up to three TAB meetings 2.[ Iarueted 0utreach [yents and PoFUI$ Kent is a diverse community with businesses and residents that reflect different ethnicities, cultures, and primary languages. Outreach activities to "hard to reach" groups are anticipated to include a range of activities. a a Page i:ì r.l.Iì ,l:. 8.L.a Packet Pg. 213 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 Targeted outreach is likely to consist of: o Phone calls, attendance at community events or meetings, or canvassing. Examples: o Call churches serving ethnic communities to find pastors that take an interest in the plan. These leaders could help recruit people for a focus group or distribute postcards to take the online survey. o Conduct business district canvas. o Following up with phone calls or emails to keep contacts in hard to reach groups aware and interested in the project progress. o Getting on the agenda at community organization meetings to discuss the plan. BERK will work with the City and Fehr & Peers to identify locations and audiences for pop-up events or focus groups designed to serve traditionally underserved communities. BERK will design targeted outreach events and focus groups/pop-up events at 2-4 locations to gain public input on the draft project list. Locations, timing, and activities may vary based on the results of the targeted outreach Assumptions: . C¡ty staff will assist with staffing public outreach events . City staff will print any flyers or hand-outs and poster boards Deliverables: Pop-up materials including electronic copies of poster boards and PDF files of hand-outsa 2.5 0rcn llouse BERK will design and facilitate one open house to share the Draft Plan. This can be an interactive workshop or alternative meeting format, such as with hand polling and live feedback. Fehr & Peers will work with BERK to prepare open house meeting materials, such as: PowerPoint slides, meeting agendas, poster boards, and handouts. Materials will be developed by Fehr & Peers and BERK with display materials approved by the City of Kent Multimedia. BERK will summarize feedback heard by preparing meeting notes. Deliverables: Workshop materials including PowerPoint slides, agenda, handouts, and meeting notes. Up to five members of the Consultant team will be present at this meeting. Page l1 -- 8.L.a Packet Pg. 214 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2015 2.0 0utreauh $ummary The Consultant team will create a document that summarizes the outreach efforts that were conducted as part of this project, including a description of outreach events and meetings, communities of emphasis, and collected feedback. Deliverobles: ¡ Outreach summary with graphics Iask 0 - [uturs and Eualuation Following on the understanding of trends and the identification of goals, the project team will identify policies, programs, and projects that advance the city's priorities. 8.1 0eyelu List 0f Projects, Policies, and Pno$ams In Phase 2, crash data was reviewed, a layered network was developed, level of service standards were adopted, and initial projects were identified in adopted City plans and programs. In addition, a preliminary list of suggested capital improvements that fill a gap in the multimodal networks was developed. Phase 3 will develop vehicle projects based on the forecasted traffic operations analysis and finalize the potential capital improvements that address needs identified for all modes and follow the established transportation goals. Fehr 8¿ Peers will lead up to three meetings with City staff.ln the first in-person meeting with City stafl we will review the final list of roadway projects in adopted plans and programs provided by City staff. Then, we will work with City staff to identify existing policies and programs that could be altered to support the goals developed and to identify new policies and programs that could be implemented to advance those goals further. In additíon, Fehr & Peers will work with City staff to add projects identified in the transportation needs assessment, projects to meet future MMLOS standards, and projects identified in the online webmap. Then, we will lead up to two in-person meetings to review the "expanded" project list with the identified additions. Assumptions: City staff will develop policies with support from Fehr &, Peers. City staff will provide a list of roadway projects currently planned for Kent and actively participate in project list development meetings City staff will provide planning-level cost estimates for all projects on project list Deliverables: o Updated list of draft policies, programs, and projects . Expanded project list a a a Page l': | .1, 8.L.a Packet Pg. 215 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 a ïask 4 - Meeting materials including agenda and meeting notes 8.2 Policy, Proüram, and Projsct Prioritization As part of Phase 2, Fehr & Peers developed criteria for prioritizing projects and develop a draft ranking of the programs, policies, and projects lists, identifying actions that advance each of the goals. As part of this task, Fehr &. Peers will use the list to prioritize policies, programs, and projects. The prioritized list will be presented to the TAB, City Council, and members of the public during the second phase of public outreach and will be refined based on their feedback. Fehr & Peers will lead an in-person meeting with City staff to review the prioritized project list. Assumptions: . City staff will participate in in-person meeting to review the prioritized project list. Deliverobles: o Draft and Final prioritized lists o Meeting materials including agenda and meeting notes 8.8 tuture Auto 0rurations Assessment Fehr & Peers will use the travel demand model to develop future year forecasts at the intersections identified in the existing (year 20L9) PM peak hour operations analysis. We will again analyze up to 75 intersections during the PM peak hour using the Synchro model, applying state of the practice methodology. For each intersection, we will report average delay per vehicle and level of service (LOS). If additional intersections are requested by the City, Fehr & Peers will put together a separate scope on a cost and materials basis. Then, we will update the Synchro network to incorporate the proposed project list and analyze operational performance. Fehr 8¿ Peers will draft a memorandum, which will identify both link segments and intersections that fail to meet the identified operational standard. Deliverables: o Forecasted - No Actíon - PM peak hour Synchro intersection-level traffic operations results¡ Forecasted - With Improvements - PM peak hour Synchro intersection-level traffic operations results ¡ One draft and one final summary memo Eualuation The goal of the funding analysis is to provide the City with a planning-level understanding of the baseline funding availability as well as potential resources available for future transportation capital projects. Page lir-- 8.L.a Packet Pg. 216 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan Gity of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 The funding analysis will focus on identifying the primary funding elements for each major transportation project. Policies related to transportation funding and implementation will be reviewed and modified to be consistent with the draft program. 4.1 tundin! 0mortunities Using the draft results from Phase 2, BERK will lead a workshop with City staff to understand the state of transportation funding in Kent, including which funding mechanisms are currently used to develop infrastructure and transportation programs, how funding needs are likely to change in response to the anticipated growth, and the City's options for implementing the TMP. BERK will work with City staff to refine the design of the workshop, including identifying the participants, clarifying the objectives and desired outcomes, and developing the final agenda and meeting materials. The input gathered in this workshop will be used to update the funding chapter in the Draft Plan (Task 5.1). Assumptions: o Two BERK staff will help prepare for and lead the workshop, including presentation materials. . One Fehr &. Peers staff will attend the workshop. Deliverable: ¡ Funding workshop to discuss analysis from Phase 2 and to cover funding opportunities. o Draft funding element of plan. Iask ü - ItlP The goal of this task will be to create Kent's TMP document, which lays out the vision developed through the prior tasks in this scope and prior scopes. 5.1 llraft Plan Consultant will compile the modal elements into a Transportation Master Plan document. These documents will be concise and user-friendly, while also conveying the necessary information to fulfill the scope items described above. Fehr & Peers will work with the Kent Multimedia department to receive all pictures, logos, and icons used in the Draft Plan. Deliverable: o Draft plan 6.2 Administratiue [ratt Plan In response to a single consolidated round of comments from City stafl the project team will prepare an Administrative Draft Plan for presentation to the TAB, members of the public, and the City Council. Page 1./ 8.L.a Packet Pg. 217 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan Gity of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2A19 Assumptions: o A single consolidated round of comments will be compiled by City staff and provided to Fehr 8¿ Peers Deliveroble: . Administrative Draft Plan 5.3 Update fldministrative [raft Plan In response to feedback received from the TAB, during public outreach, and from the City Council, the project team will revise the Administrative Draft Plan. Assumptions: Comments from members of the public will be compiled in the memorandum presenting key takeaways from the public event and will be addressed in the final plan. A single consolidated round of comments from the TAB and the City Council, along with any additional comments received from members of the public, will be compiled by City staff and provided to Fehr 8¿ Peers. Deliverable: o Final Plan . All tables, graphics and maps in appropriate formats Iask 0 - Concurrsncy ilanauemsnt To assist Kent in measuring concurrency, Fehr & Peers will work with staff to identify a preferred concurrency approach and then develop a standalone concurrency measurement tool. It is assumed that this tool will help track the City's progress in constructing its transportation system alongside development. 0.1 Concurrenoy Wll¡'lsht¡F Fehr 8¿ Peers staff will lead a two-hour workshop with Kent staff (including Public Works, Economic and Community Development, and potentially key elected officials) to review up to four concurrency approaches applied by other jurisdictions in Washington, including the potential applicability of each approach to Kent. The workshop will focus on how each method helps advance the priorities and MMLOS policies identified in Phase 2 and applies the travel modeling tool developed in Task L. Fehr & Peers staff will present their recommendation of the concurrency approach they feel best meets Kent's needs, but will be ready to develop a program based on the feedback received by participants of the workshop. We will produce a summary of the workshop for the project record. a a Page l8_.-_ 8.L.a Packet Pg. 218 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 Deliverables: ¡ Memorandum summarizing the Concurrency Workshop and related efforts. 0.2 Galculate $tandard Unit of Msasure for toncurrsncy Following on the direction received in Task 6.1, Fehr & Peers will develop a concurrency tool. The first step in developing this tool will be to identify a standard unit of measurement to track progress in both transportation system delivery and growth. We will calculate this standard unit of measure based on growth in Kent. It is assumed that this standard unit of measure will include trips on all modes of travel. We wíll document the methodology and the data for use in the City's concurrency measurement tool. Deliverables: . Spreadsheet calculations and memo describing methodology 6.8 ldentify Proiects to lnclude in Gonsurrency We will review the project list developed for the Transportation Master Plan and identify which projects are eligible to be included for concurrency. Assumptions: ¡ The projects to be considered for inclusion in the concurrency program, as well as project costs, will come from the Transportation Master Plan. Deliverables: ¡ Project list spreadsheet with costs. 0.{ llevelop toncurrency Mana0emsnt $ystem We will develop an approach on how concurrency would be measured using the standard unit established in Task 6.2. The approach may include a comparison of system completion (i.e. the pace at which the city implements transportation projects) and system demand (i.e. the pace of new growth). Following direction received in Tasks 6.L and 6.2,we will develop a tracking system for staff to use in measuring concurrency. We will provide content to City staff to update the City's concurrency management ordinance language. Assumptions: ¡ Final concurrency tracking spreadsheet tool will be provided to City for use in future concurrency monitoring. Page iil *aT 8.L.a Packet Pg. 219 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 City staff will provide Fehr & Peers with its municipal code language related to transportation concurrency. Fehr & Peers will provide recommended edits to this code language, either in tracked changes or as text for inclusion to assist Kent City Staff and City Attorney in updating its concurrency code language. Deliverobles: . Concurrency memorandum and concurrency tracking tool. ¡ Content for the concurrency management updated ordinance. û.5 $taff TnaininU and Suprurt This task includes hours for one 2-hour staff training and follow up time to respond to staff questions in administering the new concurrency program. We will develop a memorandum documenting all assumptions and processes used to measure concurrency. Assumptions: . Fehr 8¿ Peers staff have budgeted up to 1-6 hours for ongoing advising and support. Delíverables: o Training materials including meeting agenda, PowerPoint, and meeting notes. Brief memorandum documenting assumptions and processes. ïask 7 - Iransnortation lmmct tsss The goal of this task will be to update the City of Kent's transportation impact fee program. The impact fee program update will be developed through interdepartmental coordination and frequent communication to develop a plan that addresses the TMP goals. 7.1 lmpact tee Kick 0ff Meeting We will kick off the impact fees update by holding a staff workshop that asks the following key questions, which are central to this impact fee update: ¡ What is working wellwith the City's current impact fee program and what should be changed?¡ What types of projects should impact fees fund? . Should the program be vehicle-trip based or person-trip based? . Should the program be based on a single, citywide rate or should it be zone-based? r What types of land use categories should be included in the fee schedule? . How do Kent's transportation impact fee rates compare to other Puget Sound communities and what is the appetite for raising rates? Deliverable: Page i ll.) 8.L.a Packet Pg. 220 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 o Notes from the kickoff meeting that document staff responses to the key questions 7.2 Reyiew and Update lransrurtation Proiect list We will review the transportation project list developed ín Kent's Transportation Master Plan to identify capital projects that could meet impact fee eligibility. Fehr & Peers will meet with Kent staff to discuss potential projects for inclusion in the City's impact fee program and confirm an initial draft list. Following the meeting, Kent staff will provide Fehr & Peers with the most current information available about project costs (although this information should be largely developed in previous tasks) and any identified non-impact fee funding sources for projects. Fehr & Peers will compile this information to develop an initial draft transportation impact fee project list. Deliveroble: ¡ Draft transportation impact fee project list, with costs and funding availability 7.8 Galculate[xistinulleficiencies We will calculate the existing deficiency portion of transportation projects based on adopted level of service policies. This will be based on Fehr &. Peers' work on the City's Transportation Master Plan. No new LOS analysis is assumed as part of this project. Deliverable: Table of existing deficiencies for each project 1.4 Undate Growth tstimates We will summarize expected residential and commercial growth within the city consistent with the growth assumptions applied for the TMP future year analysis. We will then convert the land use growth to trips for calculation of the impact fee using the modified version of the PSRC travel model refined for Kent ("Kent model") applied for the Transportation Master Plan. Deliverable: o Spreadsheet of land use and trip growth 7.1 0etermine $hare of IriN Attributails to Growth in Íent We will then apply the Kent model to estimate trips occurring on each of the proposed transportation projects, identifying the percentage of trips attributable to city growth. Deliverable: o Spreadsheet documenting growth portion in Kent Page i11 il.'iì 8.L.a Packet Pg. 221 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan City of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 7.0 talculate lmpact tee Rats and Update tee $c[edule We will calculate a new 'cost per trip end' that is translated into an impact fee schedule. We will update the fee schedule to reflect the new "cost per trip end', updated land use categories (based on discussion with city staff in the kickoff meeting), and the most updated version of the Institute of Transportation Engineers Trip Generation Manuol. Potential updates include: revised land use categories, setting rates by geographic area, or rate variations based on differences in mode share. Deliveroble: o Spreadsheet documenting cost per trip end and revised fee schedule 7.7 Prspars lm[act Fse tate $tmy We will develop a short report documenting the impact fee rate methodology and results. Deliveroble: o Report documenting rate program update (for reference in city ordinance) 7.8 Meetinus/Gouncil Presentation Fehr & Peers staff will attend up to four in-person meetings and four phone calls with staff (beyond the kickoff meeting) to discuss results of the analysis. We will also present the results of the updated impact fee study to City Council. Deliverable: o Two in-person meetings with City Staff o Four phone calls o Presentation and attendance at Council meeting 7.$ [euelo[sr 0ütnearlll Fehr & Peers will participate in a workshop with the development community likely to be impacted by the updated Impact Fee program. It is assumed that City staff will schedule and invite participants to this meeting. Fehr & Peers staff will be available to present and answer questions. Deliveroble: o Presentation and attendance at meeting Task 7 Assumptions: o Projects costs will be available from the TMP document work or provided by City staff P a g e I il 8.L.a Packet Pg. 222 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan Gity of Kent Transportation Master Plan - Phase 3 Scope of Work November 15,2019 a a The City will provide past and expected future transportation revenue assumptions from the City's budget. All deliverable files to be provided to the City electronically in Excel or Word format as appropriate. All backup documentation utilized will be provided to the City electronically at the completion of the update. Page l1i I ,j: -:::+ 8.L.a Packet Pg. 223 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan ItlII..t --,lånd CommunicationLånd Use Inpub for Future ModelingFuture YeârScenario2 P'.¡b¡¡c O@.drOutreach Stråtegy ånd Socìal Mediå Plan and Communi.âtionscity Council CheckjnsTranspoftation Advisory Bo¿rd fiAS) Meetings'lârg€ted OuFeå€h Evenß and Pop-UpsOpen HouseOutre¿ch Summary3: Ftu Pro¡ó hnlÇffit dd hddi6Develop List of Projectl Polìcies, and ProgramsPol¡., Progrãñ, ånd Prcject Prioritizat¡onFuture Auto Operat¡ons ksessmênt¡l: Ptid Fu¡d¡ng Et¡¡lut¡oFunding Oppodunities5:n PR.pdD&lopm.dDraft Pl¿nAdministråtive Dråft PlanUpdate Administrative Drâft Plan6:CffifüryMåqhênt- ConcurencyWorkshop- Cå{culate Standa.d Unit of Meåsur€ment iorConcurenry-Identit Projects tohcluded in Concurency6.4 - Develop Concurrency Mâñågement Sy*em6.5'St¿ff Traininq ånd SuppodlTı¡( 7: TEn¡po.rôdo hpd hé7.1 -Impåct Fee KickOff Me€ting7.2 - Reviil ând Upd¿t€ Tråñspodation Project List7.3 - Cålculåte E¡isting Deficiencjes7a - Update Groúh Estimates7.5 - Determine Shåre of lripsAftribubble to GrMh in Kent7.6 - Calculate Impact Fee Râte and Update F€e Schedule7.7 ' Prep¿re Impact Fee Rate Study7.8 - M€etìn9s/Council PresenrãtionrhÈ læ lwçl È ualid Íor à Fid oÍ 90 drys ftm the proposal suþñitul tute.Adud bilkg Bè at úe tine of setui.e ñay va7/ tupendiñ? û ke frNt tullry phn at theMilægp b 6ld at the IRS nte pt6 10% h¿ñting tæAil tur dtìú dpeßæ arc 6led wih lA h¿ndl¡ng Íeetæ ke pryèd sÞß; ke ovqall lee will not be s(æM.Obq drst.æE in.ldiry.ryúq canM¡.aîút, Ørking ¿tu rrytùrcion.hêîges are Akd ¿s è Frcæbge af tabutttt¡i¡I¡¡¡tItIf3t¡tft$¡¡IttfIII$¡¡t¡1¡1,560145ú3¿Ð18,2S19,42057p610,49011,120t4.249,2æ1S,0æ3,77043,3416,55016,25010 5{7,9207þ2053,9æ33,2ffr3,3207,t2027,6m3,606,M4,2æ9,m4M$.Ð3,020t,&LM3,ffi5,5mto.2ú7.44tl,1æToÈls By ññ6,960Berk33.26013,3207,3203,6606,&04,2809,6004,UO3,0201,8601,8603,6005,50010,2007,4011,1208,36079,4207,76411.12014,9403,8m8,70095016,5501625010,9096011,8702,6909.9002,7303,3005,4605,3802,8201616162424$ 115102020204As*ieMajor/Eenj¿mins¡lver$ 135Eñka Rhet$ 16510Shelie Hsus 135Hennessy155NatâshåDunlapÈißip¡lLisa G.ueterf 2102242482012322A81234248680401212I121684484721632I24603640201020123624481636164088Pla¡mrsell/Mañssê[/Ílam$ 14020I4155Plannêr16PMPfc228841628\2162101616261942GråÞh¡6 Adm¡nPeterYukâdKãrã Hãll Nôuvêñ/Betên.ôudKrysile Li165$ 1503 \20$nìdPlann.r17s $41620Kendra EmilyAlice Jeff SarahBreilênd Geftâft Pießon Saviskas$ 2709 160$8.L.aPacket Pg. 224Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for Exh¡b¡t B - Kent TMP Draft Timeline77/tt/20r9t.¡I,lJan I ren I vlul. Apriul Aug Sep OctJun2020Nov DecJan Feb Mar Apr May JunJul Aug Sep OctSepAugAugJan FebDec Feb Mar AprJan Feb Mar Apr May Jun JulApr JulFeb Apr JunMay JunMayJunJân Feb MarMar Apr MayMar MayJan Feb Mar AprJan Feb Mar Apr May Jun JulMayJunAug SepsepOctOctJunJulJunJulJulJulJulsepsepsepsepsepAugAugAugAugOctOctTaskTask o: Pforect Management0.1 - Biweekly Meet¡ngs and CommunicationTask 1: Model Development1.1 - Land Use Inputs for Future Modeling1.2 - Future Year ScenarioTask 2: Publ¡c Outreach2.1 - Outreach and Social Media Strategy, and Outreach Communications2.2 - City Council Checklns2.3 - Transportation Advisory Board (TAB) Meetings2.4 - Targeted Outreach Events and Pop-Ups2.5 - Open House2.6 - Outreach SummaryTask 3: Future Pfojects Development and Evaluation3.1 - Develop List of Projects, Pol¡cies, and Programs3.2 - Policy, Program, and Project Pr¡orit¡zation3.3 - Future Auto Operations Assessmentlask 4: Prcject Funding Evaluation4.1 - Funding OpportunitiesTask 5: TMP Report Development5.1 - Draft Plan5.2 - Administrative Draft Plan5.3 - Update Administrative Draft PlanTask 6: Concurrency Mânâgement6.1 - Concurrency Workshop6.2 - Calculate Standard Unit of Measurement for Concurrency6.3 - Identiñ7 Projects to Included in Concurrency6.4 - Develop Concurrency Management System6.5 - Staff Training and SupportTask 7: Transportat¡on Impact Fees7.1 - Impact Fee Kick Off Meeting7.2 - Review and Update Transportation Project List7.3 - Calculate Existing Deficiencies7.4 - Update Grou/th Estimates7.5 - Determine Share ofTrips Attributable to Growth in Kent7.6 - Calculate Impact Fee Rate and Update Fee Schedule7.7 - Prepare Impact Fee Rate Study7.8 - Meetings/Council Presentation7.9 - Additional Meetings As Needed7-10 - Developer OutreachRespons¡bilityFehr 6¿ Peers /BERK - Phase 38.L.aPacket Pg. 225Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for 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 $1,000,000 each occurrence, $2,000,000 general aggregate. 8.L.a Packet Pg. 226 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan 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. 8.L.a Packet Pg. 227 Attachment: Exhibit Fehr & Peers - TMP (2095 : Consultant Services Agreement with Fehr & Peers, Inc. for the Transportation Master Plan DATE: December 10, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks Conditional Letter of Map Revision (CLOMR) to FEMA - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants for an amount not to exceed $242,029.67 to provide hydrologic and hydraulic modeling of the Kent Valley Creeks necessary to submit a Conditional Letter of Map Revision (CLOMR) to FEMA, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City is preparing a Conditional Letter of Map Revision (CLOMR) to submit to Federal Emergency Management Agency (FEMA). The goal of the project is to update the flood zone boundaries on FEMA’s Flood Insurance Rate Maps (FIRM), attributed to our Valley Creeks System. The Valley Creeks System includes Mill Creek, Springbrook Creek, and Garrison Creek. The effort to submit a CLOMR to FEMA includes rigorous hydrologic and hydraulic models prepared by a licensed engineer in accordance with FEMA requirements. The project will be tackled under two separate phases. Under this contract, work with NHC includes: extensive hydrologic and hydraulic modeling, map updates, and a CLOMR submittal to FEMA by the of December 2020. Once the CLOMR is submitted, a second phase of this work under a separate contract will be necessary to prepare a LOMR (Letter of Map Revision) to FEMA, which will be the final step in reducing the flood zone boundaries from our Valley Creeks from the FEMA mapped floodplain. The LOMR will be submitted upon construction completion of the Mill Creek Reestablishment project, which will reduce flood risk to properties, infrastructure and businesses adjacent to Mill Creek, and will also include the completed Upper Mill Creek Dam Improvements project. BUDGET IMPACT: Cost is included in the project budget, and is funded through the Drainage Utility. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure 8.M Packet Pg. 228 ATTACHMENTS: 1. Exhibit NHC - Valley LOMR (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.M Packet Pg. 229 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 12787 Gateway Drive, Tukwila, WA 98168, Phone: (206) 241- 6000, Contact: Todd Bennett (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall complete hydrologic and hydraulic modeling required to complete a FEMA Conditional Letter of Map Revision to change the Flood Insurance Rate Maps through the Kent Valley as they relate to inundation from the valley creeks (Mill, Springbrook and Garrison). For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Forty Two Thousand, Twenty Nine Dollars and Sixty Seven Cents ($242,029.67), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 8.M.a Packet Pg. 230 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.M.a Packet Pg. 231 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 8.M.a Packet Pg. 232 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / 8.M.a Packet Pg. 233 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Todd Bennett Northwest Hydraulic Consultants Inc. 12787 Gateway Dr. Tukwila, WA 98168 (206) 241-6000 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk NHC - Valley LOMR/Wadsworth 8.M.a Packet Pg. 234 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.M.a Packet Pg. 235 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.M.a Packet Pg. 236 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.M.a Packet Pg. 237 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc t2787 Gateway Drive South Seattle, WA 98168 Tel: 206.241.6000 Fax:206.439.2420northwest hydraulic consultants KENT VALLEY FEMA LOMR SCOPE OF WORK AND COST ESTIMATE Date: NHC Proposal No.: 1.1./20hs 2005233 BACKGROUND The City of Kent (City) desires to update the Federal Emergency Management Agency (FEMA) floodplain maps for the Kent Valley including the Mill, Springbrook, and Garrison Creek basins. Task work will include hydrologic and hydraulic analyses, floodplain mapping, documentation, and completion of both a FEMA Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR). The Kent Valley project area includes most of the floodplain within the City, bounded by approximately the toe of "east hill" and toe of "west hill", as well as runoff from basins draining into this area. The City has hired Northwest Hydraulic Consultants (NHC)to complete this work. PROJECT TASKS Completing the Kent Valley FEMA LOMR will be a phased project. The initial phase is divided into six tasks, with the end product being a CLOMR submittal to FEMA. Phase L tasks include collecting and reviewing existing data to be used in the analysis, field reconnaissance, hydrologic analysis to determine flows, developing a hydraulic model, floodplain mapping, and documentation including preparing FEMA deliverables for the CLOMR submittal. Later phase tasks would include responding to FEMA's CLOMR review comments and a final LOMR submittal. For the first phase, the task work is defined and a cost estimate is provided in this Scope of Work. Descriptions for later phase task work are also provided, to put the entire FEMA mapping update project in context, but will be further refined and cost estimates prepared as the project progresses. Task 1- Meetings and Project Management After notice to proceed, NHC will meet with City staff to go over the task work, in particular the available data and surveying to be collected by the City (as discussed later under this Phase 1 task description). This task also includes time for a recommended meeting with the City, FEMA local (Region X) staff, and NHC, to provide an overview of the work, go over both the scope of work and an overall approximate schedule (including FEMA's CLOMR and LOMR review process and timing), and hear any feedback from FEMA on the proposed scope of work. Two additional in-person or phone meetings are planned to EXHIBIT A 8.M.a Packet Pg. 238 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhe occur. One, near completion of the hydrologic analysis and after hydraulic modeling has begun, and another near completion of the hydraulic modeling and draft mapping to go over hydraulic modeling results and resulting inundated area. Keeping allteam members informed (NHC, the City, and to some extent FEMA) and communicating on a regular basis is vitalfor ensuring the project progresses positively and that all project aspects are addressed. We will provide meeting agendas and presentation materials, as requested by the City, and have regular check-ins by phone or email. NHC will prepare monthly progress reports, to be submitted with each invoice. Monthly progress reports will summarize work completed during the invoice period, work anticipated to be completed subsequently, and progress with respect to schedule and budget. Task 2 - Data Collection and Review NHC will obtain-with the help of the City-and review any pertinent existing data, such as channel and culvert surveys, known problem areas, etc. needed for this study. These data related to the surface water system provide background information on the project, help define topographic änd bathymetrlc data within the project area, and fulfill various data needs for hydrologic and hydraulic modeling. Data to collect from the City include, but are not limited to the following: Previously prepared related drainage studies and mapping Known flooding problem locations and drainage notes Existing drainage inventory and topographic mapping Drainage inventory GIS layers, including stream/ditch cross-sections and flow directions; pipe/culvert inverts, lengths, and material; catch basin locations; and road profiles at crossings Locations and as-built plans for detention facilities and control structures, including those within the study area City of Kent storm drainage inventory and as-built drawings for major stormwater facilities Existing subbasin delineations and land use mapping information Precipitation record from the SeaTac Airport and/or other nearby weather stations Soil Conservation Service Soil Survey FEMA Flood lnsurance Maps Current Zoning and Comprehensive Plan maps Available maps of sensitive areas (e.g., wetlands, floodplains, steep slopes, etc.) Existing hydraulic models Latest LiDAR data I Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent November 20,2Oß__ ' 2 8.M.a Packet Pg. 239 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc NHC will review these data for applicability to the hydrologic and hydraulic analysis and floodplain mapping, and provide a list of any additional data needs to the City. This task includes an assessment of the existing hydraulic models, including initial simulations of the 100-year flood in order to determine approximate flood extents, flow patterns, and help define whether a combined one-dimensional (1D) and two-dimensional (2D) or a completely 2D model is best suited for this project. Available gage data and priorflooding information willbe reviewed and identified for use in the hydrologic and hydraulic model calibration. Task 3 - Field Reconnaissance We recognize that the City's staff brings a wealth of knowledge regarding local conditions and potential issues within the project area. A task that will continue through the life of the project will be ensuring that our project team elicits and benefits from that background knowledge. As such, we anticipate the City sharing this knowledge in a field reconnaissance pre-meeting or by attending the field reconnaissance with our team. The field reconnaissance is also the time to identify high water mark/observed data that need to be surveyed. There is a budget allotment in the task for two individuals to spend up to a day observing and marking high water marks should a storm of sufficient size occur that can be used in the hydraulic model calibration (hydraulic model calibration to be completed in a later phase). Survey It is anticipated that channel, culvert, and key floodplain features will need to be surveyed to supplement existing data. This survey work will be completed by the City. After reviewing the available data, NHC will prepare an initial list of survey needs (channel dimensions, culvert characteristics not already in the City database, etc.) to go over with the City, ideally with a representative of the City's survey staff, prior to the survey actually occurring. NHC will incorporate the survey data into the analysis as it becomes available. Should completion of the necessary survey work be sufficiently delayed, it's anticipated that Phase 1- project work will continue through completion of the FEMA CLOMR submittal and that any of the City's additional survey data would be incorporated at the LOMR phase ofthe project. Assumptions . The City will conduct the necessary survey Deliverables ' Summary of additional data needs including specific surveys to be conducted by the City Task 4 - Hydrologic Analyses Defining hydrologic (flow) input for hydraulic modeling of the l"O-, 50-, L00-, and 500-year events is required for FEMA floodplain studies. A hydrologic model is necessary to determine these as while gage data exist for determining peak flood frequency flows, they are insufficient in record length or homogeneity to provide a database of annual peaks. NHC will update the existing Hydrologic Simulation Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent November 20,2019 3 8.M.a Packet Pg. 240 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc Program Fortran (HSPF) model of the basin, originally developed for our downstream Springbrook Creek FEMA Study with the City of Renton. Additional simulation years will be added (prior work simulated 1949 through 2001) to the continuous, hourly precipitation record from Seattle-Tacoma lnternational Airport to generate nearly 70 years of continuous flows at boundary inflow points to the hydraulic model. Updates will use the City's latest land use/vegetation coverage and storm system information. Existing basin boundaries and subbasin delineations that have already been delineated (using the best available topography data from the City of Kent and King County GIS stream data, digitalorthophotos, and previous drainage studies conducted for the City) will be checked and compared against the latest information. Soils have already been defined from King County surficial geology GIS coverage. Homogeneous land cover polygons were delineated from aerials and merged with wetland GIS data provided by the City. These data will also be checked against the latest available data. After data sets have been checked and updated as needed, the HSPF model will be run to approximately compare to observed gage data. As the gage station locations are within the model domain of the hydraulic model (i,e. HSPF hydrograph flows will get routed to gage locations within the hydraulic model), the full calibration of the hydrologic modelwill be completed as part of the hydraulic model development phase. NHC will determine whether to define flood frequency events based on the long-term HSPF simulation model results directly or from statistical analysis of water surface elevation data from routing the HSPF flows through the calibrated hydraulic model. Documentation will be prepared summarizing available data and the hydrologic model development (this text will be included in a more comprehensive document developed under a later task). Assumptions . NHC will use and update the prior hydrologic modeling Deliverables . Draft text and figures summarizing the hydrologic analysis Task 5 - Hydraulic Modeling We will develop and calibrate a U.S. Army Corps of Engineers Hydraulic Engineering Center River Analysis System (HEC-RAS) model to route hydrologic flows (10-, 50-, 100-, and 500-year) through the Kent Valley and determine water surface elevations (for the 10-, 50-, 100-, and 500-year events), inundation limits (for the 100- and 500-year events), and develop a FEMA floodway. Existing HEC-RAS models will be leveraged to the greatest extent possible. Model refinement is anticipated to include improving stream definition and updating culvert information based on both the City's additional surveys and the City's GIS stormwater database, data both obtained under the prior phase of work. The hydraulic modeling will account for changes associated with the City's Mill Creek Reestablishment and Upper Mill Creek Dam Projects, and the S. l-88th Street Springbrook Creek culvert removal. For the Mill Creek Reestablishment Project, a modeling before and after project comparison will be made, including differences of inundated area, and discussed with the City. The hydraulic modeling will also account for pump stations and the Green River Natural Resource Area (GRNRA). The model geometry will be sufficiently refined to simulate a range of flows before calibrating to available observed data and Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent November 20,2019 4 8.M.a Packet Pg. 241 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc developing floodplain maps of inundated areas. A FEMA floodway will then be developed. Whether to develop a combined 1D/2D or fully 2D HEC-RAS modelwill be determined in Phase L after consultation with the City. ln-person meetings with the City are anticipated to occur to review hydraulic model calibration and a later meeting to review draft hydraulic model results from simulating the LO-, 50-, L00-, and 500-year floods. Assumptions NHC will develop a HEC-RAS hydraulic model for simulating the 10-, 5O-, LOO-, and SOO-year floods and subsequent mapping of the 100- and 500-year floodplains, including a FEMA floodway boundary Deliverables . Draft text and figures summarizing the hydraulic analysis Task 6 - Floodplain Mapping and CLOMR Submittal We will use the results of the hydraulic modeling to map the 10O- and 500-year floodplain with the FEMA floodway boundary. Water surface profiles for the 10-, 5O-, 100-, and 500-year events will be prepared to meet FEMA CLOMR submittal requirements (anticipated to be plotted in Excel). A phone meeting with FEMA will occur to go over requirements for 2D submittals, as FEMA guidelines for completed 2D FEMA floodplain studies have not yet been officially published. A Bíological Assessment will be conducted, and documentation prepared to address FEMA's ESA requirements. Biological Assessment work to be completed specific to the Kent Valley CLOMR will be vetted during the Task L meeting with FEMA and the City. NHC will combine text and figures developed during this and prior phase work into a comprehensive project report and provide a draft report, with draft floodplain maps, to the City for review, and then address any City review comments for final documentation and mapping to be included as the technical portion of the CLOMR submittal. NHC wlll provide these draft documents and mapping to the City in both paper and/or GIS shapefile format unless otherwise directed by the City. ln-person meetings are anticipated to occur after initial floodplain mapping and then to go over the City's review comments on the draft report and draft floodplain mapping. The City will be responsible for other portions of the CLOMR submittal as required by FEMA (public and landowner notification, FEMA review fees, etc.). The City has expressed a potential need for a separate CLOMR submittal for the S X.88th Street SpringbrookCreekculvert removal. lf necessary, a second CLOMRsubmittalwillbe prepared by revising the Kent Valley wide CLOMR submittal to only refer to the S 188th Street culvert removal. Assumptions ' The City will provide any FEMA required public and landowner notification and review fees Deliverables Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent November Z0lZ019 5 8.M.a Packet Pg. 242 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc . Draft and final report . Draft and finalfloodplain workmaps . Technical data for a FEMA CLOMR Submittal Future Phase 2 Task Work The following text provides an overview of work to be completed in subsequent Phase 2 and will be refined as Phase L work is completed. Address FEMA CTOMR Review The prior tasks will provide the required technical data for a CLOMR submittal. However, the CLOMR FEMA review process is typically iterative and FEMA may require some modification or request additional data, and possibly subsequent resubmittals. The level of effort to respond to these comments will be determined as the project progresses. IOMR Submittal After construction of the City's MillCreek Reestablishment Project (anticipated to be represented in the hydraulic model and CLOMR submittal), FEMA requires submittal of a LOMR to confirm the project was built as designed and as modeled in the CLOMR, before issuing final maps. The LOMR process is usually relatively straightforward. On the other hand, if the final condition represents a change from that which was assumed in the CLOMR, then the final LOMR will be more extensive. The level of effort to complete this task will be determined as the project progresses. SCHEDULE NHC and the City will determine a mutually agreeable schedule to complete the described task work. Our proposed Phase 1 schedule is provided below to submit a draft product for City review by the end of October 2020, assuming NHC receives a Notice to Proceed (NTP)at the beginning of January 2020. This schedule could be condensed, if the City desires, by a few months by providing all survey data by the end of March 2020 (the schedule below assumes these data are provided by the end of May 2020). Phase 1 Proposed Schedule Month 1 and 2 (estimated for January and February 2020): Task work begins after receiving NTP. A kickoff meeting occurs with the City that includes discussing availability and delivery schedule of existing data. Obtained data are reviewed. Hydrologic modeling starts as well as in¡tial investigation into the hydraulic modeling approach. A meeting with the City, FEMA, and NHC to review the overall project approach occurs in Month 2. Month 3 and 4 (estimated for March and April 2020): Hydrologic modeling work continues and is completed along with draft hydrology text and figures providing an overview of the hydrologic model development. Hydraulic modeling task work continues. Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent NovembeFZO,ZO19 6 8.M.a Packet Pg. 243 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks nhc Month 5 through 7 (estimated May through July 2020): Hydraulic modeling continues. NHC incorporates City survey data into the hydraulic model (assumes City provides final survey data by the end of May 2020). lnundation mapping begins. Month 8 through 10 (estimated for August through October 2O2Ol: Draft reporting and inundation mapping are completed, with technical portions of FEMA CLOMR submittal, and provided for City review by the end ofOctober 2020. Month 11 and 12 (estimated for November through December 2O2Ol: Respond to City review comments, prepare and submit CLOMR to FEMA. Scoping for Phase 2 work would begin after FEMA completes and provides comment on the CLOMR submittal. COST ESTIMATE The totalestimated cost to complete Phase 1 is5242,029.67 as detailed in the following table. Services will be billed on a time and materials basis up to this maximum. Costs assume NTP for Phase 1 is received at the beginning of January 2020 (annual escalation adjustments to reflect cost of living and merit salary increases typically occur in January of each year). Kent Valley FEMA Floodplain Mapping Scope of Work and Cost Estimate City of Kent November 20,20L9 7 8.M.a Packet Pg. 244 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks o=o¡ı-TImIooo-g9.fo)Ep.5@at1Õorı(Do+ão--o)fCLlloømf.3qJlDzo.PE9ojË62\(DfD-JN-IN)oF(oSummed TıkTotal5 76,0B8.nS 1s,116.695 a,o24.7Ls 51,092.145 46,s2r.82S 10s,23s.s45 2a,oz3.-67sss55s66,000.005 66,000.æSubss 2s8.00D¡rectExpenset5sssss258.mLaborTotals 76,O38.ns 1s,116.695 7,766.775 sr,ú2.74S 4G,s21.82s 39,23s.ilI 77s,nL.67s s4,160.495 102,777.92s 18,833.26Sr.lechniGlEditor¡8râcke nl8.0S 41.685 79.095 14.49S 13s.2644.O5 43.025 81.535 14.96s 139.61ContñdAdmin.(Num¡ichl72.O5 3l-ms s8.83s 1C78s 1m61EngrTechni.ian(scoltúk)L2s 98.8sGI5/CADAnalyst 2(ohn)824464136.030.4657.8010.s9JuniorEnß¡neet(Jones/Ro.kh¡ll/Rvanì5616256256160744.Osss31.48s9.7410.955 toz.ltEng¡neer 1/Scientist 1(Brown)16.0ss5ao.7377.29!4.16s 132.18senio¡Engineer 2lAnderron)4024168040402AO.05 47.395 89.935 16.48S 153.806.0s s.68S 103.76s 19.01s 177.45SeniorEng¡neer 1(tonsl65 233.2rPr¡ncipal(Stuârt)840.07r.46136.3624.99PrincipalfDillon)T212.O55s7L.8624.99136.365 233.21Pr¡nc¡pal(coll¡ns)7272.Osss7r.a6136.36S 233.21122 0ss51La624.99136.36s 233.2tPr¡ncipal(Bennett)Æ463240fotãl Hours)ìrect RateCverhead (189.76%)Fèe ll2:ÁlCost Based RãteIotalTask Oescript¡onMeetings ãnd Projed MãnagementDãta Colledion and ReviewField ReconnaissânceHydrologic AnalysesHydraulic ModelingF oodplain MãppinE ând CLOMR SubmittalTotal Task CostLabor Deta¡lCorts8.m200.000.m2sa.mCostsT5 66,000.00s 0.00s 66,0æ.00IVÁ7úÁRãte5s0.580200.00Un¡t51100ss60,000.mTask3360escr¡pt¡onMileage (2019 IRS Rate)TdâlD¡redSub ExpenseMarkupTaskFirmGêoEngi neers {Biologicâl Assessment)SubconsultantsCost$ 775,77L.6ts 2s8.005 66,000.æ$ 242,ü29.67LaborDirect ExpensesSubcoñsùltântsTotal Project CostlIJIJooo8.M.aPacket Pg. 245Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 8.M.a Packet Pg. 246 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.M.a Packet Pg. 247 Attachment: Exhibit NHC - Valley LOMR (2096 : Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. for Valley Creeks DATE: December 10, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Replacement - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Otak for an amount not to exceed $199,150 to provide design services for the Summit Landsburg Road Culvert Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of an agreement with the Washington State Department of Ecology related to the City’s Clark Springs Habitat Conservation Plan (HCP), the City agreed to perform a series of Habitat Conservation Measures within the Clark Springs Watershed. One of these habitat conservation measures is the replacement of the culvert that passes Rock Creek underneath Summit Landsburg Road. The existing culvert is a barrier to fish passage and must be replaced with a fish passable structure. Otak was contracted by the City in early 2019 to evaluate the project site and provide a design recommendation and environmental documentation required to obtain project permits. Based upon their examination Otak has recommended that the existing culvert be replaced with a 57-foot span bridge. Otak will continue the work of designing this bridge under the agreement. This work will include developing the 30%, 60%, 90%, and Final plans specifications and cost estimates for the project as well as the drawings required to obtain the project permits from various resource agencies including the United States Army Corps of Engineers and the Washington State Department of Fish and Wildlife. BUDGET IMPACT: The cost is included in the project budget, and is paid for using Water utility funding. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Exhibit Otak - Rock Creek 2 (PDF) 8.N Packet Pg. 248 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.N Packet Pg. 249 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 739-4204, Contact: Lori McFarland (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design and permitting services for the Summit Landsburg Road Culvert Replacement Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Ninety Nine Thousand, One Hundred Fifty Dollars ($199,150), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 8.N.a Packet Pg. 250 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.N.a Packet Pg. 251 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 8.N.a Packet Pg. 252 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / 8.N.a Packet Pg. 253 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lori McFarland Otak, Inc. 11241 Willows Road NE, Suite 200 Redmond, WA 98052 (425) 739-4204 (telephone) (425) 827-9577 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Otak - Rock Creek 2/Lincoln 8.N.a Packet Pg. 254 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.N.a Packet Pg. 255 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.N.a Packet Pg. 256 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.N.a Packet Pg. 257 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx Attachment City of Kent Rock Creek Fish Passage Project – Final Design and Permitting Support Otak Project No. 33028 Scope of Services The City of Kent requested a scope of work and fee proposal for the design of a culvert to replace the three existing 36-inch corrugated metal pipe (CMP) culverts that pass Rock Creek under Summit Landsburg Road, outside of Maple Valley in unincorporated King County. To-date, Otak has completed the following: Critical Areas Report Hydrologic and Hydraulic Analysis Memorandum Bridge Type Selection Memorandum The memoranda recommended replacing the culverts with a bridge – 54-foot span, six W35DG deck bulb tee girders, cast-in-place deck, spread footing foundations, and single slope concrete barriers; maintaining the existing roadway section with two 12-foot lanes and 4-foot shoulders; and raising the roadway less than a foot to provide a minimum of 2 feet of freeboard for the 100-year storm water surface. These recommendations should provide a self-mitigating project to encourage faster review by regulatory agencies in order to permit the construction in 2020. The project will be accomplished in three phases – Preliminary Design, Final Design and Permitting, and Construction Support. This scope of work describes those activities within the Final Design and Permitting phase. Project Schedule The project schedule will be developed by Otak and updated as changes occur. Each milestone will receive a separate notice to proceed (NTP). The anticipated major milestones are: Task 1 Permitting support · Deliverables – Four weeks after Task NTP Task 2 Final Design · 60% Deliverables – Two months after 30% comments received and 60% NTP · 90% Deliverables – Two months after 60% comments received and 90% NTP · Final Deliverables – Four weeks after 90% comments received and Final NTP The anticipated duration of the reviews by the City and others will be provided in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget. Project Criteria The City will establish the project parameters and design criteria. Reports and plans shall be developed in accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. 8.N.a Packet Pg. 258 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Page 2 Rock Creek Fish Passage Project – Final Design and Permitting Support November 1, 2019 k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx Agency Publication City of Kent Design and Construction Standards Manual 2009 and Standard Plans, including updated standards 2017 Surface Water Design Manual Drafting/CADD Standards Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 Standard Plans for Road, Bridge, and Municipal Construction American Association of State Highway and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFD) Bridge Design Specifications 7th Edition, 2014 with the current Interims A Policy on Geometric Design of Highways and Streets, 7th Edition, 2018 United States Department of Transportation, Federal Highway Administration (FHWA) Manual of Uniform Traffic Control Devices (MUTCD) as amended and approved by WSDOT Rockery Design and Construction Guidelines, November 2006 FHWA Publication No. FHWA-CFL/TD-06-006 Washington Department of Fish and Wildlife (WDFW) Water Crossing Design Guidelines 2013 Other King County Surface Water Design Manual 2016 American Public Works Association (APWA) General Special Provisions Items and Services to Be Furnished by the City The City will provide the following items to Otak. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others. CADD standards and City Standard Design Details Boundary mapping including right-of-way determination and property lines adjacent to the project vicinity Final stamped and signed right-of-way plan, based on proposed project needs determined by Otak Utility coordination including temporary service during construction and permanent utility plans Potholing as needed Coordination with King County and the City of Maple Valley, if required Traffic data for pavement design, including truck and heavy vehicle percentages Geotechnical engineering analysis and consultation, under separate contract with the City Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak Permit applications Payment of all application reviews and/or permit fees Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties PROJECT MANAGEMENT Otak will manage their work to ensure effective and efficient communication between Otak and City project team members, submittal of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project’s goals and objectives. Otak’s project manager and other appropriate staff will participate in coordination and design meetings as needed. Hours for project management, site visits, and meetings are incorporated into the following tasks below. 8.N.a Packet Pg. 259 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Page 3 Rock Creek Fish Passage Project – Final Design and Permitting Support November 1, 2019 k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx Assumptions: Site visits for up to six staff Meetings at the City, site or other agency office for up to 10 staff through the duration of this scope Project management for up to eight months TASK 1: PERMITTING SUPPORT 1.1 Preliminary (30%) Design Plans and Estimate During the Phase 1 work, additional work was required to complete the hydrologic and hydraulic modeling and the budget associated with completing the 30% design was used to cover the additional work as directed by the City. In support of the City’s permitting efforts, Otak will complete the development of the 30% design for the preferred project elements to provide the details and quantities needed in the permit applications. The 30% plans will include the fish passage structure (bridge), and channel restoration elements to a level of completeness to allow review of the permits by the Corps of Engineers and WDFW. Plans will include existing conditions including critical area delineations, bridge layout and sections; plan, profile and section of proposed channel restoration; proposed roadway plan and profile; and plan view of wetland and stream impacts. The 30% design plans will be prepared using the City’s format on 22”x34” full size sheets. Otak will prepare attachments for the JARPA application including 8-1/2”x11” exhibits of the elements described above as pertinent to the permit. Otak will also finalize the Critical Areas Report upon receiving the City’s comments (per Phase 1 scope of work) and prepare a culvert monitoring plan as required by the Corps of Engineers for the Section 404 permit. For the SEPA checklist, Otak will also provide quantities and narratives related to anticipated methods of work as requested by the City. Otak will prepare planning level construction cost estimates for the 30% plans. The cost estimate will be based on WSDOT’s Unit Bid Analysis and previous bids on similar projects. Assumptions: City will prepare permit applications Biological assessment will not be required as this project is a Habitat Conservation Measure under the Biological Opinion issued March 29, 2011 for the Incidental Take Permit for the Clark Springs Water Supply System Habitat Conservation Plan If needed, City will provide Section 106 documentation Deliverables: 30% level full-size plans in pdf format 30% level exhibits for inclusion with the JARPA application 30% level estimate of construction cost Monitoring Plan Final Critical Areas Report (per Phase 1 scope of work) TASK 2: FINAL DESIGN Otak will prepare the final design, providing review sets to the City at 60%, 90%, and Final design levels. The final deliverable will be an ad-ready set of contract documents. Each submittal will be provided in pdf format. AutoCAD files will be provided when requested. The following sheets are anticipated: 8.N.a Packet Pg. 260 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Page 4 Rock Creek Fish Passage Project – Final Design and Permitting Support November 1, 2019 k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx Sheet Description 60% 90% & Final Bridge Layout 1 1 General Notes 1 1 Footing Layout 1 1 Abutment Plan and Elevation 2 2 Abutment Details 1 2 Wing Wall Details 1 2 Bearing Details 1 1 Framing Plan 1 1 Typical Section 1 1 Girders 3 3 Diaphragm 1 1 Utility Supports 1 Bridge Deck Reinforcement 1 1 Traffic Barrier 3 3 Bar List 1 Stream 3 5 Roadway 2 4 General 3 4 Traffic Control 1 TESC & Demolition 1 Restoration 1 Total 26 38 2.1 Bridge Design Otak will develop the bridge design based on the elements shown in the final Bridge Type Selection Memorandum. Considerations related to construction phasing, shoring, stream impacts, utility impacts and grading will be evaluated in coordination with other disciplines. Otak will continue coordination with the geotechnical engineer, who is under separate contract with the City, to verify the foundation type and incorporate foundation design recommendations into the design. Otak will develop design calculations and will prepare plans as noted above. 2.2 Stream Design Stream design work will include analysis for the following: Stable channel to determine channel dimensions including the low flow channel and streambed material Large woody debris design, including stability analysis to counteract buoyancy, stream channel shear forces, and soil bearing pressure Scour calculations and protection for the bridge Because of past flooding, a zero-rise analysis will be performed to verify that the project will not result in greater than a 0.1 foot rise in elevation for the 100-year storm. This analysis will be used for documentation but will not require submittal to FEMA. Otak will prepare plans showing creek alignment, profile, cross-section and grading, large woody debris details, scour protection measures, and stream bypass details. 8.N.a Packet Pg. 261 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Page 5 Rock Creek Fish Passage Project – Final Design and Permitting Support November 1, 2019 k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx 2.3 Roadway Design Otak will prepare plans for roadway elements including paving, channelization, guardrail, signing, driveway details and profiles as needed, and details. 2.4 Other Design General - Otak will prepare a cover sheet a cover sheet and plan sheets showing an index, vicinity map, legend, abbreviations, existing conditions, alignment control, right of way. Traffic control – Otak will provide a detour route plan consistent with bridge construction staging. TESC and Demolition – Otak will prepare plans showing proposed temporary erosion and sediment control measures, and pavement and other items to be removed. Storm drain design – Storm drainage requirements will be evaluated. As the roadway footprint is not anticipated to change, this project is not expected to exceed thresholds triggering stormwater management requirements. Except at the creek crossing, storm drainage will not be collected. A technical information report (TIR) will be prepared to document the evaluation. Restoration – Otak will prepare landscape plans and details to restore road shoulders and creek banks to conditions similar to existing conditions. 2.5 Specifications Otak will provide General Special Provisions (GSP) and project-specific Special Provisions to supplement the WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction for Divisions 2 through 9. Otak will prepare an estimated construction schedule to determine a number of working days for the construction contract, for review by the City at approximately the 90 percent design level. 2.6 Cost Estimate Otak will compile the quantities and estimated construction cost (i.e., engineer’s estimate) at 60-, 90- and 100- percent level design for submittal to the City. The estimate will be prepared using historical unit prices from the WSDOT Unit Bid Analysis, City of Woodinville's recent projects, as appropriate, and other pertinent data. Assumptions: Comments on reports and memoranda submitted in Phase 1 will be minimal and not result in changes to the overall bridge geometry, girder type, layout and foundation type. A full road closure will be allowed and construction phasing of the bridge will not be required A LOMR/CLOMR or compensatory storage will not be required A SWPPP will not be required The design is self-mitigating and no mitigation area will be required Irrigation will not be required The City will take the lead in fielding and responding to Bidder inquiries during the bid period Bridge load rating will be included in a later phase of work The City will identify right of way needs The City will lead communications with utilities, identify probable utility conflicts and propose any design adjustments to avoid utilities by the 60% design level The City will provide reproduction of plans as needed 8.N.a Packet Pg. 262 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Page 6 Rock Creek Fish Passage Project – Final Design and Permitting Support November 1, 2019 k:\project\33000\33028\contract\33028-rock creek scope 2019_1101.docx Deliverables: List of Special Provisions at 60-percent design (MS Word format) Special Provisions at 90- and Final design (.pdf format and MS Word format) Estimated construction schedule in Microsoft Project (.pdf format) Construction Cost Estimate at 60-, 90-percent design and final (.pdf format) Quantity calculations, with assumptions noted, at final design (.pdf format) Final bridge design calculations 8.N.a Packet Pg. 263 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert City of Kent Rock Creek Fish Passage Project - Final Design and Permitting SupportAttachment AFee EstimateOtak, Inc., Project 33028PM QA/QCLori McFarlandTouta PhengsavathEllen WebsterAhmed KayandaBob DohertyJanna LanghiKevin O'BrienStephanie ModjeskiDave StewartCharles DeweyDanah PalikTask DescriptionCE X CE IXCE IVEng Tech IVCE XEng Designer IVScientist VScientist IICE VIIICE IVLandscape Architect IIIProject CoordinatorTotal HoursTotal Fee Number of Meetings / Site Visits 6 2 2 2 3 11.0Permitting supportPM, Site visits1022422224$3,74230% Plans1220483242495$11,835JARPA exhibits2822822$2,586Prepare Culvert and Stream Monitoring Plan2432240$3,570Cost estimate142411$1,3872.0Final DesignPM, Mtgs56266878$13,9502.1Bridge Design1084902600$71,8422.2Stream Design240642204330$41,8582.3Roadway Design22281244$5,2402.4Other Design24805241616174$19,7902.5Specifications420206656$8,5502.6Cost Estimate4236104828110$13,790Total Hours 82 14 192 116 154 578 4 32 90 282 16 241,584Billing Rate (including OH and Profit) $193.00 $183.00 $123.00 $87.00 $187.00 $105.00 $147.00 $75.00 $165.00 $123.00 $105.00 $98.00 Total Labor Cost, including Overhead and Profit $15,826 $2,562 $23,616 $10,092 $28,798 $60,690 $588 $2,400 $14,850 $34,686 $1,680 $2,352$198,140Direct Expenses $1,010Project Total $199,150Storm and StreamBridge EnvironmentalRoadway\contract\33028-Rock Creek budget 2019_1101.xlsx11/4/20198.N.aPacket Pg. 264Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 8.N.a Packet Pg. 265 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.N.a Packet Pg. 266 Attachment: Exhibit Otak - Rock Creek 2 (2091 : Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert DATE: December 10, 2019 TO: Kent City Council SUBJECT: King County Flood Control District Subregional Opportunity Fund Grant Acceptance for the Lake Fenwick Aerator Improvements - Authorize MOTION: Authorize the Mayor to direct staff to accept the King County Flood Control District Sub-Regional Opportunity Fund, in the amount of $189,789, to help fund the Lake Fenwick Aerator Improvements project. SUMMARY: The King County Flood Control District (District) collects an annual levy from properties within King County. Through the District’s Sub-Regional Opportunity Fund (SROF), ten percent of the levy collected within each jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat projects. Lake Fenwick is a “303d list” waterbody, which is the WA Department of Ecology’s list of impaired waterbodies. Lake Fenwick is listed for phosphorus pollution. Excess phosphorus in the lake comes from stormwater inputs from the surrounding Lake Fenwick watershed that lead to the toxic algal blooms that have regularly occurred over the last few years. A hypolimnetic aerator system was installed in the lake in 1994 to help isolate the phosphorus and reduce the potential for harmful algal blooms in the lake. This aerator has provided some support at limiting the outbreaks; however, it has never completely eliminated the problem. In 2010, the City hired a consultant to analyze the aerator system, and it was determined that the amount of phosphorus pollution in the lake exceeds the aerator’s capacity. Some existing infrastructure at Lake Fenwick is still in good condition, so it was determined that the City would complete a retrofit improvement of the existing system rather than completely rebuild the aerator. The City is currently in the design and permitting phase of the project. BUDGET IMPACT: To date, the City has received $468,712 in funding from the King County Waterworks program and the King County Flood Control District Sub- Regional Opportunity Fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure 8.O Packet Pg. 267 ATTACHMENTS: 1. Exhibit 2019-09-25_CoK Signed_SROF 2020 Grant Amendment (PDF) 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 8.O Packet Pg. 268 AMENDMENT TO PREVIOUSLY APPROVED SROF PROJECT SCOPE OF WORK PROJECT START DATE 41112019 PROJECT ORIGINAL END DATE 1213112019 PROJECT PROPOSED END DATE 1213112021 m Ffrg,EFW{ ^'"nsJJi:tyF,H,i;:fl T,""Tffi,: v s on Sub-Regional Opportunity Fund Project Date.9l25l19 Jurisdiction: City of Kent Contact Name & Email: Melissa Dahl (MDahl@Kentwa.gov) & Meara Heubach ( MHeubach@Kentwa. gov) TITLE OF PROJEGT: Lake Fenwick Aerator Upsrade ORIGINAL PROPOSED Type of Activity: n Feasibi- lity Study X Project Design x Project Construc -tion n Property Acqui- sition U Feasibi- lity Study X Project Design X Project Construc {ion U Property Acqui- sition E Programmatic - identify:fl Proqrammatic - identifv: E Otner - identify:lJ otner - identifv: ORIGINAL SCOPE ACTIVITIES AND TIMELINE PRODUCTS AND OR DELIVERABLES (please be specilic and quantify if appropriate)DATES COMPLETED 60% & 100% Aerator Desiqn 211-813112017 Aerator Permittinq 4130117-3131118 Construction Bidding 4115118 Aerator Construction Proiect Siqnaoe 6/30/1 8 PROPOSED SCOPE ACTIVITIES AND TIMELINE PRODUCTS AND OR DELIVERABLES (please be specific and quantify if appropriate)DATES COMPLETED 60% & 100% Aerator Design 143112019 Aerator Permittino 413012020 Construction Biddinq 51112020 Aerator Construction 1213112021 Protect Signage 61112020 8.O.a Packet Pg. 269 Attachment: Exhibit 2019-09-25_CoK Signed_SROF 2020 Grant Amendment (2097 : King County Flood Control District Subregional Opportunity ORIGINAL PROJECT BUDGET SROF REOUEST 60% & 100% desion $29,255 $29,255 Proiect Permittino $5,000 $5,ooo Construction supervision & Admin $11,500 $11,500 Proiect Construction $250,000 $59.745 $190.255 TOTAL $300,500 $105,500 $190,25s PROPOSED PROJECT BUDGET ITEM COST BASIS COST MATCH SROF REQUEST 60% & 100% design Project design cost has increased due to increased capacity needs at the facilitv $68,490 $69,490 Project Permitting lncreased capacity equipment requires additional permitting such as building permits for roof construction for the oumo station $10,000 $10,000 Construction superuision & Admin lncrease in project complexity has increased construction and suruevinq needs $65,ooo $65,ooo Project Construction Scope of the project increased considerably due to increased aeration needs $765,000 575,648 $189,352 TOTAL $908,490 $719,138 $189,352 When signed below by both parties and adopted by the King County Flood Control District Board of Supervisors, this Amendment to the Scope of Work is to be added to the lnterlocal Agreement between the KCFCD and the City of Kent and incorporated therein and made a part thereof according to the terms and conditions of this lnterlocal Agreement. ACKNOWLEDGED, SIGNATURE SIGNATURE DATE OF SIGNATURE 4fuln^ 41*AAl: _DATE OF SIGNATUR q z al 8.O.a Packet Pg. 270 Attachment: Exhibit 2019-09-25_CoK Signed_SROF 2020 Grant Amendment (2097 : King County Flood Control District Subregional Opportunity DATE: December 10, 2019 TO: Kent City Council SUBJECT: Suspension of Council Rules and Election of Council President - Action 9.A Packet Pg. 271 DATE: December 10, 2019 TO: Kent City Council SUBJECT: Riverbend Driving Range Improvements Phase 1 Project - Award MOTION: Award the Riverbend Driving Range Improvements Phase 1 project to Mike McClung Construction Company in the amount of $1,417,130.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: This project will remove the outdated artificial turf and driving range features, re-grade the range area to improve drainage, install irrigation and natural turf, and replace and relocate perimeter netting and poles on the eastern portion of the range to allow for expansion of the building in the next phase. The bid opening was held on November 22, 2019 yielding a total of ten (10) bids, with one bid determined after review to be non-responsive. The lowest responsible and responsive bid was submitted by Mike McClung Construction Company in the amount of $1,417,130.00. The Engineer’s estimate for this project is $1 Million to $1.25 Million. BUDGET IMPACT: Expense impacts to Driving Range Expansion and Remodel capital budget SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government ATTACHMENTS: 1. EXHIBIT Riverbend Driving Range Improvements Phase 1 Award (PDF) 10.A Packet Pg. 272 Riverbend Driving Range Improvements Phase 1 Project PK20-02 Bid Tab Page 1 of 1 PROJECT NAME: Riverbend Driving Range Improvements Phase 1 PROJECT #: PK20-02 ENGINEER’S ESTIMATE: $1 Million - $1.25 Million BID OPENING DATE: 11/22/2019 BID OPENING TIME: 11:00am BID OPENING LOCATION: City Hall, Chambers ADDENDA ISSUED: 0 BIDDER NAME BASE BID TOTAL AMOUNT ADDENDA BID BOND KC Equipment LLC $1,546,146.80 X C&R Tractor and Landscaping $1,485,029.27 X Oak Hills Construction $1,540,000.00 X Ohno-Touchdown JV $1,919,500.00 X Northwest Cascade Inc. $1,558,969.50 X Pivetta Brothers Construction Inc. $1,556,036.62 X Mike McClung Construction Company $1,417,130.00 X Quigg Bros., Inc. $1,529,000.00 X Olson Brothers Excavating Inc. * $978,835.00 X Rodarte Construction Inc. $1,698,950.00 X Base Bid Apparent Low Bidder: Mike McClung Construction Company * Non-responsive bid City Clerk: Kimberley A. Komoto 10.A.a Packet Pg. 273 Attachment: EXHIBIT Riverbend Driving Range Improvements Phase 1 Award (2123 : Riverbend Driving Range Improvements Phase 1 Project -