HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/04/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Marli Larimer Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
September 4, 2018
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KENT CITY COUNCIL AGENDAS
September 4, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Industrial Valley Update Bill Ellis 45 min
Transportation Master Plan Update Kelly Peterson
April Delchamps 45 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Proclamation for National Recovery Month
iii. Proclamation for Constitution Week
iv. Proclamation for Mayor’s Day of Concern for the Hungry
v. Proclamation for Women on the Rise Month
vi. Proclamation for National Childhood Cancer Awareness Month
B. Community Events
C. Economic and Community Development Report
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
7. PUBLIC COMMENT - The Public Comment period is your opportunity to speak
to the Council and Mayor on issues that relate to the business of the city of Kent.
Comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington prohibits people from using this
Public Comment period to support or oppose a ballot measurement or candidate
for office. If you wish to speak to the Mayor or Council, please sign up at the City
Clerk’s table adjacent to the podium. When called to speak, please state your
name and address for the record. You will have up to three minutes to provide
comment. Please address all comments to the Mayor or the Council as a whole.
The Mayor and Council may not be in a position to answer questions during the
meeting.
8. CONSENT CALENDAR
A. Minutes of August 21, 2018, Workshop and Council Meeting – Approve
B. Excused Absence for Satwinder Kaur – Approve
C. Excused Absence for Les Thomas - Approve
D. Set September 18, 2018 as the Date for the First Public Hearing on the
2019-2024 Capital Improvement Plan – Approve
E. Set September 18, 2018 as the Date for the First Public Hearing on the
2019-2020 Biennial Budget – Approve
F. Ordinance Amending KCC Chapter 7.04 – “Sanitary Sewers” – Adopt
G. Goods and Services Agreement with RailPros Field Services, Inc. for the
South 228th Street Union Pacific Railroad Grade Separation Project –
Authorize
9. OTHER BUSINESS
10. BIDS
A. Green River Shoreline Soil Preparation Project – Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. To evaluate the qualifications of a candidate for appointment to elective
office as per RCW 42.30.110(1)(h).
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 7-1-1.
COUNCIL WORKSHOP
A) Industrial Valley Update, Bill Ellis
B) Transportation Master Plan Update, Kelly Peterson and April Delchamps
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Employee of the Month
ii. Proclamation for National Recovery Month
iii. Proclamation for Constitution Week
iv. Proclamation for Mayor’s Day of Concern for the Hungry
v. Proclamation for Women on the Rise Month
vi. Proclamation for National Childhood Cancer Awareness Month
B) Community Events
C) Economic and Community Development Report
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PROCLAMATION
WHEREAS, behavioral health is an essential part of health and one's overall wellness; and
WHEREA$ prevention of mental and/or substance use disorders works, treatment is effective,
and people recover in our area and around the nation; and
WHEREAS, preventing and overcoming mental and/or substance use disorders is essential to
achieving healthy lifestyles, both physically and emotionally; and
WHEREAS, we must encourage relatives and friends of people with mental and/or substance
use disorders to implement preventive measures, recognize the signs of a problem, and guide
those in need to appropriate treatment and recovery support services; and
WHEREAS, in 2011, 3.8 million people received specialty treatment for a substance use
disorder and more than 31.6 million adults aged 18 or older received services for mental
disorders, according to the 2011 National Survey on Drug Use and Health. Given the serious
nature of this public health problem, we must continue to reach the millions more who need
help; and
WHEREAS, on October 1,2013 as a result of the Affordable Care Act, more than 11 million
uninsured individuals with behavioral health needs will become eligible for affordable insurance
coverage for their treatment needs, according to the 2011 National Suruey on Drug Use and
Health. We must ensure that all of these individuals are successfully enrolled into coverage; and
WHEREA$ to help more people achieve and sustain longterm recovery, the U.S. Department
of Health and Human Services (HHS), the Substance Abuse and Mental Health Services
Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP),
and The City of Kent, Washington invite all residents of Kent to participate in Nafional Recovery
Month and
NOW, THEREFORE, l, Dana Ralph, Mayor of Kent, do hereby proclaim the month of
September 2018 as
National Recovery Month
in the city of Kent and call upon the people of Kent to observe this month with appropriate
programs, activities, and ceremonies supporting this year's theme.
ln witness whereof , I have hereunto set my hand this 4th day of September 2018.
KENT
WASHTNGToN
Mayor Dana Ralph
PROCLAMATTON
wHEREAS,September L9, 2018, marks the two hundred thirtieth
first anniversary of the drafting of the Constitution of the
United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary,
and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of
America designating September 16 through 22 as
Constitution Week;
NOW THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do
hereby proclaim September 16 through 22,2018 as
CONSTTTUTTON WEEK
In the city of Kent, Washington, and I encourage our citizens to
reaffirm the ideals the Framers of the Constitution had in t787 by
vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties, remembering that lost rights may never be
regained.
In witness whereof, I have hereunto set my hand and caused the Seal
of the city of Kent to be affixed this 4th day of September, 2018r.
t
Dana Ralph, Mayo
KENT
WAgHlNoroN
PROCLAMATTON
Whereas, the City of Kent recognizes adequate nutrition as a basic goal for
each citizen; and
Whereas,no parent should have to send a child to school hungry, no baby
should be without the comfort of the feedings needed for mental and
physical growth, no elderly person's health should be jeopardized by
lack of appropriate foods; and
Whereas, food banks, emergency and hot meal programs stretch resources and
strive each day to stem the rising tide of hunger, but still need more
help; and
Whereas,we believe that when Kent citizens learn of the especially serious
needs of the hungry as winter approaches and budgets are stretched
further to increasing costs--an outpouring of community assistance
will follow; and
Whereas,the Emergency Feeding Program coordinates an annual food drive to
help suppoft the efforts of their program and the area's food banks in
fighting hunger, and will be held at grocery stores throughout King
County on Saturday, September 15, 2018;
NOW THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim September
L5,2Ot7 as
MAYOR'S DAY OF CONCERN FOR THE HUNGRY
in the city of Kent, Washington, and I encourage all citizens to join with the
Emergency Food Program and our food banks to help feed those who are hungry.
Donate food and volunteer for a shift at a pafticipating store on September 15th.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 4th day of September 2018.
KENTWAsHrxorox
Dana Ralph, M
PROCLAMATIO'V
wHEREASI the city of Kent is dedicated to the uprising of women to document
and highlight their triumphs that they have accomplished despite
being a marginalized group in the past. This month will emphasize
the impoftance of women and men allies that uplift them; and,
WHEREAS,the city of Kent, is home to many college students that will be a paft
of the 202I workforce which will initially be exemplified during the
Women on the Rise Gala. Although the month indicates "Women" as
a singular entity we are also supportive of the men allies that help
these women rise to the top; and,
wHEREAS,the city of Kent has demonstrated through the Diversity Fair that
businesses can come together to provide opportunity for all walks of
life. The same can be said for Women on the Rise Gala. We will be
holding a vendor-sponsor exhibition that will provide employment
and further leadership development for past and future workforce
employees; and,
WHEREAS,Women on the Rise is for multigenerational women and men.
Women and men from different backgrounds and ages will come
together to actively seek oppoftunities to enhance their leadership
skills; and,
WHEREAS,the Women on the Rise Gala will act as a networking opportunity for
women and men allies to meet others to make future successful
connection all while utilizing leadership skills taught at this Gala.
NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent, Washington, do
hereby proclaim the month of September as,
WOMEN ON THE RTSE MONTH
In Kent and encourage men and women to join this Gala to ingrain leadership and
networking skills that will help promote future success.
Dated this 4th day of September, 2018.
Dana Ralph
Mayor
KENT
WASHINGIoN
PROCLAMATTON
Whereas, every year, thousands of children across America are diagnosed with
cancer an often-life-threatening illness that remains the leading cause of death by
disease for children under the age of 15; and
Whereas, the causes of pediatric cancer are still largely unknown, and though new
discoveries are resulting in new treatments, this heaftbreaking disease continues to
scar families and communities in ways that may never fully heal; and
Whereas, while much remains to be done, our Nation has come far in the fight to
understand, treat, and control childhood cancer; and
Whereas, thanks to ongoing advances in research and treatment, the five-year
survival rate for all childhood cancers has climbed from less than 50 percent to B0
percent over the past several decades. Researchers around the world continue to
pioneer new therapies and explore the root causes of the disease, driving progress
that could reveal cures or improved outcomes for patients; and
Whereas, despite the gains we have made, help still does not come soon enough
for many of our sons and daughters, and too many families suffer pain and
devastating loss; and
Whereas, this month, we remember the young lives taken too soon and pay tribute
to the famÍlies, friends, professionals, and communities who lend their strength to
children fighting pediatric cancer. May their courage and commitment continue to
move us toward new cures, healthier outcomes, and a brighter future for America's
youth.
NOW, THEREFORE I, Dana Ralph, Mayor of the city of Kent, proclaim September
2018 as
National Childhood Cancer Awareness Month
and encourage all citízens of Kent join me in reaffirming our commitment to fighting
childhood cancer.
In witness whereof, I have hereunto set my hand this 4th day of September, 20L8.
KENT
WasHrNGTo),r
Dana Ralph, Mayor
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Fincher:
Councilmember Higgins:
Councilmember Kaur:
Councilmember Larimer:
Councilmember Thomas:
Councilmember Troutner:
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Page 1 of 7
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 09/04/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, September 04, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and community
an update on the activities of the City of Kent.
ADMINISTRATION
• Communications: We are working with Multimedia to finalize the new look for the City’s
updated strategic framework (mission, vision, values, goals) and hope to do a rollout
to staff in September. eConnect is on target to launch in September. We are also
working on a SWOT analysis to see what’s working and what isn’t as we begin planning
for 2019. Our first “Ask Me Anything” Facebook event with Mayor Ralph is scheduled
for Sept. 25. During the hour, residents are invited to ask anything related to city
business.
• Community Engagement: The Cultural Communities Board will be sponsoring the
upcoming Project Feast: Journey to Peace community dinner. The dinner provides an
opportunity for community members to have a free sit-down dinner with members of
various culturally diverse groups in Kent. Learning from one another is the goal and
making new friends is the result. The dinner will be held on Saturday September 22
from 5:00 p.m. to 7:30 p.m. at the Kent Senior Center.
• Neighborhood Program
o West Hill Cambridge formed a new neighborhood council. On July 18,
approximately 30 residents held a neighborhood meeting to talk about Kent’s
Neighborhood Program. A unanimous vote moved to create a steering committee
to work on identifying geographical boundaries, a neighborhood name, establish
bylaws and other potential committees such as communications, projects, etc.
Eight residents representing the steering committee had a successful meeting on
Aug. 14. The next full neighborhood meeting is set for Sept. 11. There is huge
support from Neighbors of West Hill.
ECONOMIC AND COMMUNITY DEVELOPMENT
Administration
• We are filling two vacancies created by recent staff departures in the Permit Center.
o Office Technician Candidates were interviewed the week of the 27th. Reference
checks and scheduling of final interviews will take place this week.
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o Permit Technician Candidates were tested the week of the 27th and the top
testers will be invited to interview this week.
• Code Enforcement Officer R.E. Miller recently announced that he will retire from the
City on Oct. 5, 2018.
Code Enforcement
• A registration webpage was published on Aug. 27 for the Rental Housing Inspection
Program. Postcards will be mailed directing landlords and tenants to visit this webpage
to register the rental properties they own, manage, or rent. Collecting this information
will help the City understand the rental housing options in our community and better
communicate with landlords about the inspection program. Beginning in 2019,
apartment units will be required to pass a health and safety inspections every 3 years.
Staff continues to develop administrative materials and procedures for this new City
program.
• Cleanup of the recently demolished Command Labor building at 307 Lincoln Ave
continues. All wood from the demolition has been removed and concrete is being
broken up for removal as well.
Current Planning
• On Aug. 16, two staffers participated in an evening panel critiquing undergraduate
students’ urban design proposals at UW Tacoma. The students were assigned to
reimagine a small, underutilized urban park. Staff enjoyed the opportunity to give
constructive feedback. We hope to explore future partnership opportunities with UWT
urban design students, as they are always looking for new projects!
Economic Development
• Business View magazine interviewed Bill Ellis for potential inclusion of Kent’s superstar
employers in an upcoming issue dedicated to Seattle metro job growth.
• Staff identified 30 participants from Kent Valley businesses, regional public sector
actors in workforce development and local schools to invite to Renton Technical College
Foundation’s “Business and Higher Education” Roundtable held at its campus. ECD
staff was also present.
• A small group of craft brewing entrepreneurs toured potential downtown locations.
Staff accompanied to answer questions and identified potential issues with bringing
older buildings up to code for this use.
• ECD joined a “Workforce Innovation Network Coalition” call organized by the Seattle
Southside Chamber of Commerce, to talk about ways the City may participate and
support efforts.
• Economic development staff met with owner representatives of properties along the
Meeker Street corridor to talk about their clients’ future plans and how those may align
with the “Meet Me on Meeker” initiatives.
• The Lodging Tax grant application process was formalized in August making way for
the Sept. 1 opening of the funding cycle for 2019. The grant opportunity was publicized
using all communication channels. Applications will be accepted until Sept. 30.
• Staff made a joint presentation with Boeing Lunar Rover retiree, Charlie Martin, about
the legacy of innovation in the Kent Valley to the Kent Rotary Sunrise Club.
Long Range Planning
• ECD and Communications staff toured a brand new tiny home built in Kent – the Close
to Home “Aspire”. The Aspire is intended to be a sustainable and affordable option to
house people displaced by natural disasters, provide transitional housing or to meet
other housing needs. The Close to Home founders will soon be looking for warehouse
space to expand their operation – here in Kent!
Page 3 of 7
Building Services/Permit Center
• Since Aug. 15, the Permit Center has received 138 permit applications and issued 132
permits during the same period. The plan review team reviewed 37 new plan sets and
29 resubmittals. Building inspectors completed 538 inspections with 338 passed
inspections.
FINANCE
• The 2019 / 2020 budget process is continuing. The Mayor is nearing her final decisions
for her proposed budget and will present her budget to Council on Sept. 25. At that
point, the Council budget process begins in earnest and generally goes until later
November with Council taking final action on the budget at their December Council
meeting.
• Finance is working with State Auditor’s Office to set up the exit conference for the
2017 audit process. The City received a clean audit for 2017. We are also working
with them to set up the exit conference for the Public Facilities District 2017 audit. The
City acts as lead agency on the District audit because we serve as treasurer for the
District.
HUMAN RESOURCES
Administration
• Tracey Padilla has been hired as a Human Resources Programs Analyst, effective
Aug. 16.
• Work has begun on the transition from Halogen to NeoGov for performance review
and learning management systems. NeoGov will replace Halogen as the City’s vendor
for these systems effective Jan. 2019.
Benefits
• Continuing work on renewals with the City’s benefits providers for 2019.
• Continuing preparation for a Request for Proposal process for a new Wellness
Program provider to replace Viverae, effective Jan. 2019.
• Continuing testing and preparations for Benefits Open Enrollment that will be held
from Nov. 5 to Nov. 16, 2018. Communication about Open Enrollment will be sent to
City staff in October.
Labor, Class & Compensation
• Gina Esposito was hired as a Human Resources Labor Analyst, effective Aug. 16.
• KPOA collective bargaining sessions with is underway. The next sessions will be held
on 9/4 and 9/6.
• Updates to Finance policies are under review.
• Reclassification research continues on requests from various departments.
• Teamsters are set to vote on a Memorandum of Understanding (MOU) regarding
Police vehicles on 9/25
Risk Management
• Continuing meetings with Parks staff, Structural Engineer, Architect, Contractor and
Claims Adjuster to determine next steps to repair/rebuild the Lake Meridian Park
restroom.
Recruitment
• Testing for the Permit Technician were held on Aug. 29.
• Interviews for the Public Works Operations Administrative Assistant 1 took place on
Aug. 27-28.
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• Interviews for the Permit Center Office Tech 3 were held on Aug. 28-29.
• Interviews for the Judicial Specialist took place on Aug. 29-30.
• The Information Technology Supervisor position posted externally on Aug. 13 and
closes on Aug. 31.
INFORMATION TECHNOLOGY
• Civil Legal Review Process Automation
o Migrate Law's Civil Division from a physical workflow of legal documents and
associative paper bi-products; to one that automates workflow, collaboration
and document management that is available to any connected device through
a centralized portal.
o The system will reduce time spent managing the fragmented email
communications associated with the legal review and management of physical
artifacts enabling legal staff to navigate between assigned cases, case artifacts
and the deliberations surrounding the cases in order to spend more time on
legal deliberations and less on the administration thereof.
• Enable Local Firewall - CJIS
o This project will enable Windows firewall to/on all City supported workstations
leveraging PD applications.
• Information Technology operational support for Aug. 14, 2018 to Aug. 28, 2018
o Number of tickets opened – 315; number of tickets closed - 311
LAW
• Continued to assist the Clerk’s office with public records requests; HR with a number
of complicated and sensitive employment issues; ECD and PW with two Sound Transit
development projects, and property acquisitions in development of the 228th and
224th corridor projects and various levee projects, including Lower Russell Road and
Milwaukee II.
• City of Kent v. Gary Asher (Case no. 8Z0760983). Defendant charged with attempted
assault in the third degree (assault on a police officer), display of a weapon capable of
harm, and obstructing public officers. Following jury trial, the City won convictions on
all three charges. Defendant is currently in the City of Kent Correctional Facility
awaiting sentencing.
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
o The 2018 Kent Summer Concert Series concluded on Aug. 16 with a performance of
reggae and rock by Longstride at Lake Meridian Park. Total attendance for the 12
concerts (six Wednesday Picnic Performances for kids and six Thursdays at the Lake)
was approximately 6,850, which is up slightly from last summer’s 6,300. The series
brought in $12,200 in sponsorships and grants, as well as $500 in individual donations.
o The 2018-2019 Spotlight Series brochure has been released and ticket sales have been
coming in at a steady pace. Celebrating its 21st season, this long running performing
arts series features music for everyone – celtic, world, folk, classical, and rock, as well
as an evening of theater. A total of 379 tickets have been sold since Aug. 1.
o The current Kent Creates exhibit – “Vacations and Summer Celebrations” – is open
through Aug. 31. People are encouraged to gain inspiration from summertime fun and
to submit photographs, recipes, videos of dances, short films, poems, paintings,
drawings, or work in any creative medium.
Page 5 of 7
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Entry level Police Officer Shaun Brooks has a start date of Sept. 4.
• Lateral Police Officer Robert Curl has a start date of Sept. 16.
Significant crime activities/arrests/investigations
• On Aug. 20, officers were dispatched to unwanted subject asleep with gun near him.
Subject had a warrant and had extreme mental illness. Officers located a sparkler bomb
and turned it over to the Puget Sound Fire Marshall. The gun was taken for safekeeping.
The subject was advised on warrant due to mandatory booking.
• Officer’s recovered two dumped stolen vehicles in three days at 121st Ave SE and SE 276th
St.
• On Aug. 26, officers responded to Morrill Meadows park regarding a suspicious subject who
was yelling and wearing a Halloween mask. Officers located the subject, who had a warrant
for dangerous weapons out of the Pierce County Sheriff’s Office. The subject’s face was
covered with blue face paint, and he had belongings spread over the picnic shelter area,
which included a yellow “Jason” style mask. The subject was informed he needed to leave
because he was disturbing the many families in the park. However, the subject refused to
do so. Officers decided to confirm the Pierce County warrant to resolve the issue. After the
subject was told to sit, he attempted to flee on foot. An officer caught the subject and took
him to the ground. A butterfly knife was located on the subject during a search. He was
subsequently booked into the Kent Jail for resisting arrest and possession of danger ous
weapons.
• On Aug. 26, there were five separate illegal discharge/drive-by shootings on the East Hill
in the area of Turnkey Park, 125th and 201st, 224th and 104th, 124th and 208th and two
separate at 124th and 108th between 8 p.m. and 11:15 p.m. No one was hit nor any
property damage located but casings were recovered.
Major emphasis patrol
• Officers standing by as Sam’s Sports Bar closes on Saturday evenings.
• Racer Emphasis Aug. 17
o 15-Notice Of Infractions
o 14-Warnings
o Two Physical Arrest (Reckless Driving, Criminal Trespass)
o One Arrest by citation (DWLS)
Events and awards
• We participated in Chief-For-A-Day with little Chief Syelis "Sye" Lee Wakeman.
PUBLIC WORKS
Design
• S 228th UP Grade Separation
o Phase 3 Underground utilities project which includes a storm pipe replacement
and the joint utility trench was awarded on Aug. 21 to Road Construction
Northwest, Inc.
o Phase 4 Ground Improvements and Embankments which includes stone
columns, embankment, impacted driveways, and water project to bid Sept. 11
pending WSDOT approval.
o Phase 5 remaining project, TIB grant application has been submitted
• S 212th St Bridge Deck Resurface - Project advertised only one bid received, bid was
rejected. City maintenance crews to perform temporary patching repairs to bridge.
Page 6 of 7
Construction
• The International Union of Operating Engineers Local 302 members working under the
Washington Master Labor Agreement could not reach agreement on their new contract.
The old contract expired in June. As a result, the Union has directed their members to
participate in an economic stand down (strike) effective Aug. 21 at 6 a.m. For our
local projects in Kent, members of the Local 302 include heavy equipment operators
(excavators, dozers, graders, loaders, etc.), pavers, grade engineers, crane operators,
and concrete pump operators. Negotiations between the IUOE Local 302 members and
the contractor’s signatory to the Western Washington Master Labor Agreement began
Aug. 27. The following Kent projects have been impacted
o LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1)
o East Valley Highway Pavement Preservation - Sawcutting is taking place this
week in preparation of sidewalk demo that will begin at the conclusion of the
strike. All other contract work is on hold.
o 2018 Asphalt Overlays
o Lake Meridian Estates Storm Drainage Improvements, Ph 2
o Downey and Naden Clearing and Grading - Clearing work is ongoing and will
continue for the following 2 weeks. Following contract activities will be on hold.
• 132nd Ave SE Pedestrian Improvements - Cut and fill for walkway and block wall
construction is complete. Concrete curb ramp and walkway is underway with the first
concrete pour taking place Aug. 27.
• James Street Pavement Rehabilitation (Central Ave. N, to Clark Ave. N.) - Final striping
of the new pavement is taking place this week. Thru traffic will be impacted.
• Development/Utility Projects
o The Ridge Townhomes – Work is on hold. The developer is entertaining hiring
a non-union contractor to resume work.
o Marquee on Meeker – Civil work on site and off site is on hold.
o Morrill Meadows Park / East Hill Park Renovation and YMCA – Civil work is on
hold.
o Kent Medical Office Building – Night work is scheduled for Aug. 27 and 28 nights
to conclude the water connections from last week. This will conclude the right-
of-way work.
o 64th and Meeker – Contaminated soil excavation and export is nearly
complete. Additional safety measures are being installed in advance of the
school year starting.
Land Survey and GIS
• Design mapping for Linda Heights Pump Station Additional Topography and 64th and
James Pump Station Force Main
• Construction staking for James Street Channelization
• Completed Storm Outfall Inventory Collector App for Storm Crews
Transportation
• Transportation and ECD staff are working together to provide comments to King
County METRO on future design standards for Rapid Ride bus stops. The new
standards will be used for construction of the future Auburn to Renton Rapid Ride
route.
• WSDOT is working with jurisdictions from Tumwater to Marysville for long-term
planning for the preservation and redevelopment of the I-5 system. Staff will be
participating in that process through March of 2019.
• A traffic signal cabinet at SE 240th St. and 116th Ave SE was struck by a vehicle over
the weekend. Prior to 2018, on average, one signal cabinet was struck per year. To
date, five have been struck in 2018.
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• The Notice of Intent to petition the Federal Railroad Administration (FRA) for a quiet
zone on the BNSF line through Kent was mailed on Aug. 24, which begins the 60-day
comment period. Following the comment period staff will review comments and
finalize the application to the FRA to establish the quiet zone.
• Staff met with the Puget Sound Regional Fire Authority to continue discussions about
emergency response and the design of the Fourth Ave and Willis St. roundabout.
• Kent Bicycle Advisory Board (KBAB) met on the Aug. 27. The agenda included
discussion on recruitment of the new members, Green River Trail detour comments
and a discussion on potential non-motorized projects for inclusion in the Transportation
Master Plan.
• Staff will be attending the Puget Sound Gateway Coalition Meeting on Aug. 29, chaired
by Briahna Murray. The agenda topics are potential legislative requests including
expedited funding, tolling authorization and cost savings provisions.
• Staff will be meeting with the Kent Police vendor for additional school zone safety
cameras. Based on the Legal Department’s review of school zone law (RCW
46.61.440), three of four flashing beacon assemblies will need to be relocated before
the cameras can be installed. Cameras are proposed for Meadow Ridge and
Springbrook Elementary Schools.
Streets
• Street maintenance crews will be repairing a sinkhole at 27415 146th Ave SE. The
concrete crews will be prepping and pouring for a new sidewalk on 101st Ave between
SE 256th St and 260th St. Signs and Markings Crews will be installing ADA bases and
barricades for “NO Parking” signs on 5th Ave. S. at W. Titus St.
Water
• The Water Division completed the installation of 8-inch water main on 111th Ave SE
north of SE 256th St. and are working on installing 12 new water service lines for our
customers. Lead and copper sampling will occur in the water system in September.
Staff have been contacting customers to set up sample collection. Lead and copper
samples are collected by the customer due to the water residence time required in the
plumbing system prior to collection.
Utilities
• Storm Crews will be removing asphalt, digging out the ditch area and pot holing for
utilities in preparation for a catch basin installation on 104th Ave. SE between SE 276th
St. and SE 266th St. Storm drainage staff will also be repairing a manhole on 321st
Ave SE at 99th Ave. S, and at 9647 S 229th Pl.
• Sewer crews will be TV inspecting for 2020 overlays on SE 256th St from S 203rd St. to
S 206th Pl. Staff will also be performing manhole change-outs at 50th Ave. S and S
234th St. and on Washington Ave. at SR 516.
# # #
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through G.
Discussion
Action
8A. Approval of Minutes.
Minutes of August 21, 2018, Workshop and Council Meeting – Approve
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Kent City Council Workshop August 21, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 3
Date: August 21, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:02 p.m.
Agenda:
Morrill Meadows/Kent YMCA Project Update
Parks Director, Julie Parascondola, provided a project summary and project history
that included the agreement/partnership development, master plan/SEPA, and
formal City Council/public updates. A PowerPoint presentation was provided to the
Council.
Parascondola provided additional details regarding material changes to the
Conveyance Agreement, Ground Lease, Project Lease Project Development
Agreement, and Operating Agreement.
Parascondola indicated a temporary off-leash dog park has been completed, the
YMCA is a little behind in fundraising project, there is no update on New Market Tax
Credits, and they are still on track to finish the park and facility in early August open
after Labor Day weekend 2019.
Follow up items include:
• Returning to a council meeting for the final RCO/King Conservation Plans;
• The final dissolution plan for the Kent Meridian pool;
• Approval of the Kent United Methodist Agreement;
• Final YMCA opening details and pricing/membership information;
• Final project costs/details, including New Market Tax Credits; and
• General project closeout and other updates
Green Direct Program
Danielle Butsick, Senior Long-Range Planner and Heather Mulligan, Manager of
Customer Renewable Energy Programs with Puget Sound Energy, provided
information on Puget Sound Energy’s Green Direct Program.
In July 2019, Kent joined the King County Cities Climate Collaborative, formalizing
the city's commitment to partnering with King County and neighboring jurisdictions
on climate-related issues, and working together to reduce our carbon footprint. This
second phase of the Green Direct program is a timely opportunity to take action to
demonstrate this commitment.
Kent City Council Workshop August 21, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 3
Puget Sound Energy is in the second phase of the Green Direct program.
Green Direct is a new renewable energy option.
Green options include:
1. Green Power
2. Solar Choice
3. Carbon Balance
4. Green Direct
Why Green Direct?
• Energy that reflects customer values
• New renewable energy development
• A hedge value with known future energy costs
• Reduced carbon footprint
• Connection to specific resources
• Integrated with standard billing
How it works
PSE has negotiated power purchase agreements with two developers – one for solar
and one for wind.
The solar project is anticipated to be online in 2021 (phase 2 customers will receive
a blend of both solar and wind power).
Heather provided details regarding the Green Direct billing.
Green Direct creates new partnerships between PSE and customers and participants
are driving the development of new energy resources. Customers can sign a 10, 15,
or 18-year agreement. There is no penalty for reducing loads through energy
efficiency.
Open enrollment will begin on August 31, 2018 at 1 p.m.
Danielle Butsick provided analysis of the City’s 2017 average daily usage and
indicated that, over a 15-year term, the City could save up to $316,000.
The Green Direct program offers an opportunity for the City to invest in renewable
energy and contribute to the construction of new sources of renewable power that
could not be built without this commitment.
Enrollment in the program is a way for the City to make progress on goals to reduce
greenhouse gas emissions, while also potentially saving hundreds of thousands of
dollars over the term of the purchase agreement. The savings amount will be the
price delta between PSE's conventional power portfolio and the Green Direct portfolio.
Kent City Council Workshop August 21, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 3
If conventional power does not increase, will not save as much money.
Solid studies show that conventional power will increase.
The four councilmembers in attendance each indicated their approval to move
forward with applying for the program. If Kent is selected, the schedule signed by
the Mayor will be brought before the Council for ratification.
The meeting concluded at 5:52 p.m.
Kimberley A. Komoto
City Clerk
August 21, 2018
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Kent City Council Regular Meeting August 21, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 7
Date: August 21, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:03 p.m. with Council President Boyce presiding.
2. Roll Call
Mayor Ralph – Absent
Council President Boyce - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember – Present
Satwinder Kaur, Councilmember – Excused Absence
Marli Larimer, Councilmember – Excused Absence
Les Thomas, Councilmember – Excused Absence
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
Councilmember Higgins moved to approve the agenda as presented,
seconded by Councilmember Troutner. The motion passed unanimously with
a vote of 4-0.
4. Public Communications
A. Public Recognition
i. Employee of the Month
Council President Boyce recognized David Agnew as the City’s August
employee of the month. David is a construction inspector and has worked for
the City since August 1, 2014.
ii. Meridian Orchard Neighborhood Council
Toni Azzola, Neighborhoods Program Coordinator, presented details
regarding the City’s neighborhood program and recognized the Meridian
Orchard Neighborhood Council. Call 253-856-5708 for more information
regarding the program.
Councilmember Fincher recognized the City staff for their work supporting
the DUI court.
Kent City Council Regular Meeting August 21, 2018
Minutes Kent, Washington
Pending Approval
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B. Community Events
Councilmember Troutner advised that single game tickets for Thunderbird
games go on sale at 10 a.m. on August 22nd.
Councilmember Fincher indicated the Spotlight Series tickets are now on sale
and also advised of “The Time of Your Life” choir event at the Senior Center on
August 23rd.
C. Public Safety Report
Chief Padilla expressed his appreciation of the support the Police Department
has received over the past few weeks. The ceremony for Officer Moreno was
outstanding and the Department is moving forward through grieving process.
Council President Boyce performed the swearing in for Officer Eric Rodenberg
and John Rainey. Chief Padilla provide brief histories on each of the officers.
Chief Padilla presented information regarding the recent Chief for a Day program
and the qualifications to participate in the program. Syelis “Sye” Lee Wakeman,
4, of Kent, served as the Kent Police Chief for a Day. Chief Padilla recognized
Assistant Chief Kasner and the Meridian Kent Kiwanis Club for their assistance
in organizing the event.
School Zone Traffic Safety cameras will be installed at Springbrook and
Meadowridge elementaries and should be up and running starting in mid-
November. There will be a warning period for one month and the cameras will
be fully operational with enforcement after the winter school break.
The Department is moving forward with a feasibility study for red light cameras.
They are looking at intersections with the highest rate of collisions. Data will be
analyzed and a recommendations will be brought before the Council. If
approved, the cameras will be installed, there will be public outreach and a
warning period will take place prior to enforcement.
Chief Padilla indicated the body camera project is on schedule and a pilot
program will take place in October for 3-6 months for the purpose of gathering
data. The pilot will include 10 body-worn cameras and 2 in car video cameras.
Once the pilot is complete, recommendations regarding implementation will be
brought before Council.
5. Reports from Council and Staff
Derek Matheson, Chief Administrative Officer
Matheson’s written report is in today’s agenda packet and there is no executive
session.
Kent City Council Regular Meeting August 21, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 7
The budget process is in full swing and the Mayor and Finance Department are
working on preparing a balanced budget to be presented to the Council on Septemebr
25th.
Matheson advised that the Mayor has appointed Michael Frans to the municipal court
and the Council is scheduled to confirm that appointment during the September 21,
2018, Council meeting. Frans will work in the court as a pro tem through the end of
the year and will officially take office in January of 2019.
Matheson advised that City staff collaborated with the Kent Downtown Parnership
(KDP) and participated in a parking sumit. Moving forward, the City and KDP will work
together to come up with solutions to the increased need for parking downtown.
Council President Boyce
Boyce provided a brief recap of tonight’s City Council workshop with presentations
from Parks Director, Julie Parascondola regarding Morrill Meadows and the Kent YMCA
project update. As well as a presentation by Puget Sound Energy and Danielle Butsick
on the Green Direct Program.
Boyce serves on the Sound Cities Association’s Public Issues Committee. No report.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. Meeting minutes
are available online. Two items of note from yesterday’s meeting: (1) King County
Solid Waste division gave a presentation on the Cedar Hills landfill. The landfill only
has capacilty until 2028 and they are planning for alternatives. The County executive
recommended redesigning Cedar Hills by expanding for use for an additional 15
years. The proposal will go before the county council in the fall. All cities utilizing the
landfill, including Kent, will need to approve the plan; and (2) The City’s GIS group
has created a geoportal that is now live on the City’s website.
Councilmember Higgins serves on the King County Regional Transit Committee. No
report.
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety
and Justice Committee. During the July 26th meeting, there was discussion regarding
the use of the funds for the Best Starts for Kids.
Troutner is the chair of the Public Safety Committee. During the August 14th meeting,
information was presented regarding the Car-per-Officer program.
Councilmember Fincher
Councilmember Fincher serves on the Arts Commission and advised that the Spotlight
Series tickets are now on sale and the latest KentCreates contest deadline is August
31st.
Kent City Council Regular Meeting August 21, 2018
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Pending Approval
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Fincher is the chair of the Parks and Human Services Committee. During the last
meeting, the committee received an update on the YMCA. Fincher advised that the
City is looking for a restaurant for the golf course.
Fincher also advised that residents interested in serving on either the Bicycle Advisory
Board or Kent Arts Commission, should apply by completing the applications located
on KentWA.gov.
Fincher serves on the Sound Cities Association Mental Health and Drug Dependency
Oversight Committee. No report.
Fincher serves on the Sound Cities Association King Conservation District Advisory
Committee. Discussed urban forestry. KCD provides assistance to cities participating
in the program. Kent is involved in a project “ITree” a groundwater project.
Ayden Bowl, a Boy Scout, stated that he is attending tonight’s council meeting to
fulfill the requirements of the Government and Citienship of the Community badge.
6. Public Hearing
None.
7. Public Comment
Dick Landen, a Kent resident, indicated he wanted to make himself available to
answer any questions the Council may have regarding his communication to them
regarding a recent decision made by the Land Use and Planning Board.
8. Consent Calendar
Councilmember Higgins moved to approve the Consent Calendar Items A
through L, seconded by Councilmember Troutner. The motion passed
unanimously with a 4-0 vote.
A. Minutes of August 7, 2018, Council Meeting – Approve
Minutes of the August 7, 2018 Council Meeting were approved.
B. Payment of Bills – Approve
Bills received through July 15, 2018 and paid on July 15, 2018 after auditing by
the Operations Committee on August 7, 2018 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
07/15/18 Wire Transfers 7578 - 7592 $2,139,413.96
07/15/18 Regular Checks 726044 - 726348 $1,216,681.90
07/15/18 Payment Plus 100981 - 101004 $153,091.57
Void Checks ($0.00)
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Pending Approval
Page 5 of 7
07/15/18 Use Tax Payable $2,919.40
$3,512,106.83
Approval of checks issued for payroll for July 1, 2018 through July 15, 2018 and
paid on July 20, 2018:
Date Check Numbers Amount
7/20/2018 Checks 0
Voids and Reissues
7/20/2018 Advices 412145 - 413039 $1,797,742.95
$1,797,742.95
C. Excused Absence for Satwinder Kaur – Approve
Council approved an excused absence for Councilmember Kaur as she was unable to
attend the City Council meeting of August 21, 2018.
D. Excused Absence for Les Thomas – Approve
Council approved an excused absence for Councilmember Thomas as he was unable
to attend the City Council meeting of August 21, 2018.
E. Excused Absence for Marli Larimer – Approve
Council approved an excused absence for Councilmember Larimer as she was unable
to attend the City Council meeting of August 21, 2018.
F. Consultant Services Agreement with GeoEngineers for Signature Point
Levee – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with
GeoEngineers, Inc. in an amount not to exceed $210,919.00, for the Signature Pointe
Levee Project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
G. School Zone Traffic Safety Camera Program Fund Expenditures for
Vehicle Purchases – Authorize
Council authorized the expenditure of $930,000 from the School Zone Traffic Safety
Camera Fund, amend the budget, authorize the Mayor to purchase 15 police vehicles
for the second phase of the car-per-officer program, utilizing the State’s master
contract with Columbia Ford, Inc., and authorize future purchases with Columbia Ford
if they are within the City’s established budgets and made during the term of the
master contract.
H. Police Interceptor Vehicles – Authorize
Kent City Council Regular Meeting August 21, 2018
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Pending Approval
Page 6 of 7
Council authorized the expenditure of $434,000 from the 2019 Fleet Reserve fund,
amend the budget, and authorize the Mayor to purchase 7 replacement police
vehicles utilizing the State’s master contract with Columbia Ford.
I. Resolution Recognizing the Meridian Orchard Neighborhood Council –
Adopt
Resolution No. 1972 was adopted, recognizing the Meridian Orchard Neighborhood
Council, supporting its community building efforts, and conferring on it all
opportunities offered by the City’s neighborhood program.
J. Consolidating Budget Adjustment Ordinance for Adjustments Between
January 1, 2018 and June 30, 2018 – Adopt
Ordinance No. 4284 was adopted, approving the consolidating budget adjustments
made between January 1, 2018 and June 30, 2018, reflecting an overall budget
increase of $11,145,837.
K. Resolution for Two Grant Applications to the Recreation and
Conservation Office for the Service Club Ballfields Drainage and West
Fenwick Park Renovation projects – Adopt
Resolution No. 1973 was adopted, authorizing the submission of applications for
grant funding assistance through the Land and Water Conservation Fund Outdoor
Recreation Legacy Partnership Program of the Recreation and Conservation Office for
renovation of West Fenwick Park and field drainage services at Service Club Ballfields,
and identifying the Parks Director as the City’s authorized representative for purposes
of securing the grants and binding the City to the grant terms and conditions.
L. South 228th Street Grade Separation at Union Pacific Railroad Joint
Trench – Accept as Complete
The Mayor was authorized to accept the South 228th Street Grade Separation at Union
Pacific Railroad Joint Utility Trench Project as complete and release retainage to
Scarsella Brothers, Inc. upon receipt of standard releases from the state and the
release of any liens.
9. Other Business
None.
10. Bids
A. South 228th Street Union Pacific Railroad Underground Utilities Project
Bid – Award
Tim LaPorte, Public Works Director provided details regarding the South 228th Street
Union Pacific Railroad Underground Utilities Project.
Councilmember Higgins moved to award the South 228th St. Union Pacific
Railroad Underground Utilities Project to Road Construction Northwest, Inc.
in the amount of $1,923,246.25 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions acceptable to
Kent City Council Regular Meeting August 21, 2018
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Pending Approval
Page 7 of 7
the City Attorney and Public Works Director. Seconded by Councilmember
Fincher, the motion passed with a vote of 4-0.
B. 4th Avenue and Meeker Street Complete Streets Project – Award
Tim LaPorte, Public Works Director, provided details regarding the 4th Avenue and
Meeker Street Complete Streets project.
Councilmember Higgins moved to award the 4th Avenue and Meeker Street
Complete Streets Project to R. W. Scott Construction Co. in the amount of
$454,316.00 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. Seconded by Councilmember Troutner, the motion
passed with a vote of 4-0.
11. Executive Session and Action after Executive Session
None.
12. Adjournment
Council President Boyce adjourned the meeting at 7:47 pm.
Kimberley A. Komoto
City Clerk
August 21, 2018
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Agenda Item: Consent Calendar – 8B_
TO: City Council
DATE: September 4, 2018
SUBJECT: Excused Absence for Councilmember Kaur - Approve
SUMMARY: Councilmember Kaur is unable to attend the City Council meeting of
September 4, 2018 and has requested an excused absence.
RECOMMENDED BY: Council President Boyce
MOTION: Approve an excused absence for Councilmember Kaur as she is
unable to attend the City Council meeting of September 4, 2018.
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Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: September 4, 2018
SUBJECT: Excused Absence for Councilmember Thomas - Approve
SUMMARY: Councilmember Thomas is unable to attend the City Council meeting
of September 4, 2018 and has requested an excused absence.
RECOMMENDED BY: Council President Boyce
MOTION: Approve an excused absence for Councilmember Thomas as he is
unable to attend the City Council meeting of September 4, 2018.
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Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: September 4, 2018
SUBJECT: Set September 18, 2018 as the Date for the First Public Hearing on the
2019-2024 Capital Improvement Plan – Approve
SUMMARY: This is the first of the required public hearings on the City’s 2019-2024
Capital Improvement Plan. Public input is welcome.
EXHIBITS: None
RECOMMENDED BY: Finance Director
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships.
MOTION: Set September 18, 2018 as the date for the first public hearing
on the 2019-2024 Capital Improvement Plan at the regular City Council
meeting.
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0.
Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: September 4, 2018
SUBJECT: Set September 18, 2018 as the Date for the First Public Hearing on the
2019-2020 Biennial Budget – Approve
SUMMARY: This is the first required public hearing for the 2019 – 2020 Biennial
Budget. Public input is welcome.
EXHIBITS: None
RECOMMENDED BY: Finance Director
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
MOTION: Set September 18, 2018 as the date for the first public hearing on
the 2019-2020 Biennial Budget at the regular City Council meeting.
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0.
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: September 4, 2018
SUBJECT: Ordinance Amending KCC Chapter 7.04 – “Sanitary Sewers” – Adopt
SUMMARY: In 2017 the State Auditor’s office recommended a change to our existing
sewer code provisions in chapter 7.04 of the Kent City Code. The city has a long-
established practice of not requiring homeowners to connect to sewers unless requested
by the Health Department or unless the residence was in a Local Improvement District
(LID) established to provide sewer service.
There are a few residential areas on the west and east hills of Kent that are served with
septic systems, possibly numbering two to three hundred homes. Unless a septic system
is failing, redevelopment occurs or for some other health related reason, the city has
continued to allow these residences to remain on their individual septic systems. The
septic systems would need to be kept in good working order.
Connecting to the public sewer system can easily cost a homeowner $20,000 to $30,000
due to the excavation costs. Generally, it is more economical for a group of homes in a
neighborhood to participate in a LID to accomplish this rather than an individual
residence owner.
The purpose of this amendment is to clarify that the director has the authority to
implement policies and procedures relating to the enforcement of this chapter, including
the connection requirement. The imposition of the monetary penalty has been made
discretionary (not mandatory) and the authority of the director regarding enforcement
was broadened beyond particular situations.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Higgins, Troutner NAY:
BUDGET IMPACT: There is no budget impact associated with this recommended
change.
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships.
MOTION: Adopt Ordinance No.___, amending various sections within
chapter 7.04 of the Kent City Code, to clarify the director’s authority to
implement policies and procedures relating to the enforcement of the sewer
connection requirement and to make the imposition of monetary penalties
discretionary.
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1 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 7.04 of the Kent City Code to
clarify provisions relating to enforcement of this
chapter.
RECITALS
A. The City has a few neighborhoods and residences that are still
on septic systems. It has been the established policy of the City to allow
these residences to remain on septic systems, provided they are in good
working order and are not causing groundwater pollution issues or health
issues. This is consistent with the practice of surrounding jurisdictions and
the King County Health Department.
B. An internal audit conducted in 2017 recommended that KCC
7.04.030 and 7.04.130 be amended to clarify the director’s discretion to
implement policies and procedures regarding to the enforcement of this
chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 7.04.030. Section 7.04.030 of
the Kent City Code, entitled “Powers and authority of the director,
2 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
inspectors, and assistants – Discretion of the director,” is amended as
follows:
Sec. 7.04.030. Powers and authority of the director,
inspectors, and assistants – Discretion of the director.
A. Access to facilities. The director and other duly authorized
employees of the city, bearing proper credentials and identification, shall
be permitted to enter upon all premises for the purposes of inspection,
observation, measurements, sampling, and testing in accordance with the
provisions of this chapter. No consent, warrant, or court order is required
to enter those areas open to the public generally or to which no reasonable
expectation of privacy exists.
B. Director discretion. In applying, interpreting, and enforcing this
chapter, the director has the authority to develop, implement and
administer policies and procedures pertaining to this chapter, impose
additional conditions, to waive or alter the application of any requirement
in any particular situation under the facts then existing or pursuant to
policies and procedures, or to alter any performance required under this
chapter where the director determines such departure is necessary to
mitigate identified or potentially negative impacts to the sanitary sewer
system or public health, safety, or welfare.
SECTION 2. – Amendment – KCC 7.04.130. Section 7.04.130 of
the Kent City Code, entitled “Use of public sanitary sewer required,” is
amended as follows:
Sec. 7.04.130. Use of public sanitary sewer required.
A. Proper sanitation required. It shall be unlawful for any person to
place, deposit, or permit to be deposited in an unsanitary manner upon
public or private property within the city or in any area under the
3 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
jurisdiction of the city, any human or animal excrement, or other
objectionable waste.
B. Sewage disposal system – Chapter compliance required. Except as
provided in this chapter, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used
for the disposal of sewage.
C. Connection to public sanitary sewer required. The owners of all
houses, buildings, properties or other premises used in any manner for
human occupancy situated within or without the city that abut any street,
alley, or easement in which there is located a public sanitary sewer of the
city shall, at their expense, install suitable toilet facilities therein and
connect those facilities directly to the proper public sanitary sewer within
90 days from the date of official notice to do so; provided, that the public
sanitary sewer is within 200 feet of any building on the owner’s property.
D. Failure to connect when required. In addition to any other penalty
authorized by this chapter, a property owner who fails to connect to the
public sanitary sewer within 90 days of receiving official notice to do so
shall may be subject to a penalty that shall be a monetary charge in an
amount equal to the base monthly sewer rate that would be charged
against that property if it were connected to the public sanitary sewer. The
city’s finance department shall assess the penalty against the property
through its utility billing system.
E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to
pay the penalties levied pursuant to this section shall constitute a lien for
those delinquent and unpaid charges against the premises to which the
service is available. This lien shall be superior to all other liens and
encumbrances except general taxes and local and special assessments.
4 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
F. Interest assessed for delinquencies. All delinquent charges imposed
under the authority of this section shall bear interest at the rate of eight
percent per annum computed on a monthly basis.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
___________
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: September 4, 2018
SUBJECT: Goods and Services Agreement with RailPros Field Services, Inc. for the
South 228th Street Union Pacific Railroad Grade Separation Project –
Authorize
SUMMARY: Construction of the South 228th Street Union Pacific Railroad Grade
Separation project requires railroad flagging to ensure railroad traffic is not impeded by
construction. Railpros Field Services, Inc. is the only company authorized by the Union
Pacific Railroad to conduct flagging operations on Union Pacific tracks. They will provide
the railroad flagging during construction of the bridge and related infrastructure.
EXHIBITS: Goods & Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY: N/A
BUDGET IMPACT: Costs associated with this contract are included in the project
budget.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
MOTION: Authorize the Mayor to sign a Goods & Services Agreement with
RailPros Field Services, Inc. in an amount not to exceed $190,000 for the
South 228th Street Union Pacific Railroad Grade Separation Project, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
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GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
RailPros Field Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RailPros Field Services, Inc. organized under the laws of the State of Texas,
located and doing business at 1705 W. Northwest Highway, Suite 150, Grapevine, TX 76051, Phone:
(877) 315-0513, Contact: Kendall Koff (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall provide flagging services for the S. 228th St. UPRR Grade Separation
Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2020.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Ninety Thousand Dollars ($190,000.00), including applicable Washington State Sales Tax, for the goods,
materials, and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule:
Vendor shall submit invoices monthy and shall be paid within 30 days of receipt.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit C attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Kendall Koff
RailPros Field Services, Inc.
1705 W. Northwest Highway, Suite 150
Grapevine, TX 76051
(877) 315-0513 (telephone)
(866) 762-7619 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
RailPros - 228th UPRR Grade Sep/Smith
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
øRArLPRosFIELD .SEfR\./ICES
March 1,2018
Susanne Provencio Smith
City of Kent
2s3-856-5553
sosmith@kentwa.sov
Subject: Quote for Flagger in Charge Services
Dear Susanne Provencio Smith,
Thank you for contacting RailPros Field Services, lnc. (RPFS) to provide a qualified Flagger in Charge. RPFS provides
associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All
of our Flaggers in Charge are dedicated to safety on the job-site and have an acute understanding of railroad rules.
RPFS charges a daily rate which includes an 8-hour on-site work day, mobilization, and Per Diem costs. Our
services are billed for the Flagger in Charge's (FlC's) time on site, to include any time setting up and taking down
track protection, if applicable. Any time beyond the FIC's 8 hours will be charged at an hourly overtime rate.
The rates for our services are as follows
ln the event of cancellation, if RailPros UP Management is given less than twenty-four hours' notice, it is
considered a billable day. Cancellations must be made in writing to UPflae@RailProsFS.com.
This quote is based on RailPros Field Services standard labor rates and does not take into any account prevailing
wage requirements. lf prevailing wages are applicable for this project, RPFS will re-quote with the prevailing wage
requirement.
lnvoices are submitted upon completion of the job or at month's end. On-going jobs are billed on a monthly basis.
Payments of invoices are due upon receipt. lnvoices are subject To a L% fee for every 30 days the payment is
delinquent. We offer credit card payment processing for an additional 5% fee.
lf you have any questions regarding this quote or would like further information, please feel free to contact me.
Thank you,REED TO AND ACCEPTED BY:
RAILPROS FIELD SERVICES, INC.
Client Co
HEATHER MORRIS
Field Services Associate
877.315.0513 x116
Printed Name
1705 W Northwest Hwy, Suite 150
Grapevine, TX 76051
P: (877131s - 0s13 F: (s66) 762 -7619
www,rai lprosf s.com
Standard 8 hour day sgso.oo
Overtime rate r hour after 8 hours
S1,1so.ooStandard 8 hour day
$tzs.oo
Overtime rate per hour after 8 hours Srzs,oo
Standard Work Day:
Nights, Weekends, and Holidays
enres tative
Title
EXHIBIT A
Exhibit B
RailPros Field Services
Working days Standard fee
per day Total
200 $9s0,00 $190,000.00
EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $4,000,000 general
aggregate.
EXHIBIT C (Continued)
C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
OTHER BUSINESS
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Agenda Item: Bids – 10A_
TO: City Council
DATE: September 4, 2018
SUBJECT: Green River Shoreline Soil Preparation Project – Award
SUMMARY: Construction of the Upper Mill Creek Dam Improvements requires state and
federal permits; these permits include conditions for mitigating lost fish habitat above
the dam with new plantings along the Green River. This contract consists of preparing
the soil along the west bank of the Green River near the Veteran’s Drive bridge,
preparing the area for city crews to plant later this year. A 3.4-acre area will be cleared
and grubbed and covered with mulch.
The bid opening for the Green River Shoreline Soil Preparation Project was held on
August 28, 2018 with four bids received, all were responsive. The lowest responsible
and responsive bid was submitted by Olson Brothers Excavating, Inc. in the amount of
$326,901.32.
Bid Tab Summary
01. Olson Brothers Excavating, Inc. $326,901.32
02. Buckley Nursery Company $356,278.45
03. Mike McClung Construction Co. $359,150.00
04. Scarsella Bros., Inc. $368,480.45
Engineer's Estimate $294,305.00
EXHIBITS: Green River Shoreline Planting Project bid tabulation
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Budget for this mitigation work has been included as part of the
Upper Mill Creek Dam Improvements project.
MOTION: Award the Green River Shoreline Soil Preparation Project to Olson
Brothers Excavating, Inc. in the amount of $326,901.32 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Green River Shoreline Soil Preparation Project Olson Brothers Excavating, Inc. Buckley Nursery Company Mike McClung Construction Co. Scarsella Bros., Inc.Bid Opening: August 28, 2018, 11:00 AM6622 112th St. E. 16819 92nd St. E. PO Box 1189 PO Box 68697 Puyallup, WA 98373 Sumner, WA 98390 Buckley, WA 98321 Seattle, WA 98168-0697 TOTAL $326,901.32 $356,278.45 $359,150.00 $368,840.45ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE I: EARTHWORK 1000 Mobilization 1 LS 16,856.57 $16,856.57 40,200.00 $40,200.00 20,000.00 $20,000.00 25,000.00 $25,000.001005 Clearing & Grubbing 3.4 AC 45,936.78 $156,185.05 27,800.00 $94,520.00 42,000.00 $142,800.00 60,000.00 $204,000.001015 Minor Changes 1 CALC 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.00 6,000.00 $6,000.00SCHEDULE I TOTAL$179,041.62 $140,720.00 $168,800.00 $235,000.00SCHEDULE II: TRAFFIC CONTROL2005 Construction Signs Class A 100 SF 24.93 $2,493.00 75.00 $7,500.00 20.00 $2,000.00 20.00 $2,000.002010 Traffic Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00SCHEDULE II TOTAL$7,493.00 $12,500.00 $7,000.00 $7,000.00SCHEDULE III: TEMPORARY EROSION & SEDIMENTATION CONTROL3000 Seeding, Fertilizing, & Mulching 5,000 SY 1.39 $6,950.00 0.75 $3,750.00 1.00 $5,000.00 1.50 $7,500.003010 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.003015 ESC Lead 100 HR 41.55 $4,155.00 80.00 $8,000.00 75.00 $7,500.00 0.01 $1.00SCHEDULE III TOTAL$21,105.00 $21,750.00 $22,500.00 $17,501.00SCHEDULE IV: ROADSIDE RESTORATION4015 Arborist Wood Chip Mulch 1,070 CY 53.42 $57,159.40 51.85 $55,479.50 60.00 $64,200.00 38.55 $41,248.504020 Coir Fabric Installation (Erosion Control Blanket) 12,800 SY 2.53 $32,384.00 7.30 $93,440.00 5.00 $64,000.00 2.70 $34,560.00SCHEDULE IV TOTAL$89,543.40 $148,919.50 $128,200.00 $75,808.50SUMMARY: SCHEDULE I TOTAL$179,041.62 $140,720.00 $168,800.00 $235,000.00SCHEDULE II TOTAL$7,493.00 $12,500.00 $7,000.00 $7,000.00SCHEDULE III TOTAL$21,105.00 $21,750.00 $22,500.00 $17,501.00SCHEDULE IV TOTAL$89,543.40 $148,919.50 $128,200.00 $75,808.50BID SUBTOTAL$297,183.02 $323,889.50 $326,500.00 $335,309.5010% WA STATE SALES TAX$29,718.30 $32,388.95 $32,650.00 $33,530.95CONSTRUCTION CONTRACT TOTAL $326,901.32 $356,278.45 $359,150.00 $368,840.451243
Green River Shoreline Soil Preparation Project Bid Opening: August 28, 2018, 11:00 AM TOTALITEM DESCRIPTION QTY UNITNO. SCHEDULE I: EARTHWORK1000 Mobilization 1 LS1005 Clearing & Grubbing 3.4 AC1015 Minor Changes 1 CALCSCHEDULE I TOTALSCHEDULE II: TRAFFIC CONTROL2005 Construction Signs Class A 100 SF2010 Traffic Control 1 FASCHEDULE II TOTALSCHEDULE III: TEMPORARY EROSION & SEDIMENTATION CONTROL3000 Seeding, Fertilizing, & Mulching 5,000 SY3010 Erosion/Water Pollution Control 1 FA3015 ESC Lead 100 HRSCHEDULE III TOTALSCHEDULE IV: ROADSIDE RESTORATION4015 Arborist Wood Chip Mulch 1,070 CY4020 Coir Fabric Installation (Erosion Control Blanket) 12,800 SYSCHEDULE IV TOTALSUMMARY:SCHEDULE I TOTALSCHEDULE II TOTALSCHEDULE III TOTALSCHEDULE IV TOTALBID SUBTOTAL10% WA STATE SALES TAXCONSTRUCTION CONTRACT TOTALEngineer's EstimateMatt Knox $294,305.00UNIT TOTALPRICE AMOUNT30,000.00 $30,000.0015,000.00 $51,000.006,000.00 $6,000.00$87,000.0023.00 $2,300.005,000.00 $5,000.00$7,300.002.88 $14,400.0010,000.00 $10,000.0057.50 $5,750.00$30,150.0050.00 $53,500.007.00 $89,600.00$143,100.00$87,000.00$7,300.00$30,150.00$143,100.00$267,550.00$26,755.00$294,305.00
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EXECUTIVE SESSION
A. To evaluate the qualifications of a candidate for appointment to elective
office as per RCW 42.30.110(1)(h).
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT