HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 09/06/2022^*4
KENT CITY COUNCIL AGENDA
• Tuesday, September 6, 2022
KENT 7:00 PM
W A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 859 6995 7167, Passcode: 227847
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
**************************************************************
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. Appointments to the Kent Arts Commission
B. Community Events
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
City Council Meeting City Council Regular Meeting September 6, 2022
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 or to agenda items Council will consider at this
meeting. 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 measure or candidate for office.
If you wish to provide comment to the Mayor and Council at this meeting, please contact the
City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkOKentWA.gov. If
you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up.
When called to speak during the meeting, please state your name and city of residence for the
record. You will have up to three minutes to provide comment. Please address all comments to
the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting. Alternatively, you may email the Mayor and Council at
Mayor0KentWA.gov and CityCounciWKentWA._gov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
Council Workshop - Workshop Regular Meeting - Aug 16, 2022 5:00
PM
City Council Meeting - City Council Regular Meeting - Aug 16, 2022
7:00 PM
B. Payment of Bills - Authorize
C. Consolidating Budget Adjustment Ordinance for Adjustments between
April 1, 2022 and June 30, 2022 - Adopt
D. Redesignate Remaining ARPA Flex Fund Allocation for Commercial
Affordability Projects: City Allocation - Authorize
E. Ordinance Restricting the Sale of Aerosol Paint Containers - Adopt
F. Ordinance Prohibiting Solicitation of Occupants of Vehicles - Adopt
G. Ordinance Prohibiting the Unlawful Use of Dangerous Drugs in Public
Places - Adopt
H. Pedestrian and Bicycle Program - Pedestrian Hybrid Beacon on 108th
Avenue SE at Kent Panther Lake Library - Authorize
I. Safe Routes to School - School Zone Flashers - Authorize
J. Consultant Agreement with KBA, Inc. for the 76th Avenue South - North
Segment Project - Authorize
K. Appointment of Kelly Spreitzer to the Kent Arts Commission - Confirm
L. Appointment of Sandra Pearce to the Kent Arts Commission - Confirm
M. Accept the 2022 Crack Sealing Project as Complete - Authorize
9. OTHER BUSINESS
City Council Meeting City Council Regular Meeting September 6, 2022
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Current Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
NOTE:A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
4.A.2
PROCLAM►A,TION
WHEREAS, behavioral health is an essential part of one's overall health and
wellness; and
WHEREAS, the COVID-19 pandemic has had, and continues to have, a profound
effect on mental health and substance use, with increasing numbers of
people experiencing anxiety, depression, and loneliness; and
WHEREAS, an estimated 575,000 people in King County are affected by these
conditions; and
WHEREAS, preventing and overcoming mental and substance use disorders is
essential to achieving healthy lifestyles for individuals, families, and
entire communities; and
WHEREAS, we must encourage relatives, friends, and neighbors of people with
mental and/or substance use disorders to recognize the signs of a
problem, and guide those in need to appropriate treatment and recovery
support services; and
WHEREAS, prevention of mental health and substance use disorders works,
treatment is effective, and recovery is possible; and
WHEREAS, connection and community are critical components of recovery in our
local area and across the nation.
NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM
SEPTEMBER 2022, TO BE
National Recovery Month
in Kent Washington and call upon our residents to observe this month with programs
and activities to support National Recovery Month.
In witness whereof, I have hereunto set my hand this 6th day of September, 2022.
Mayor Dana Ralph
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5.B
Administration
• The budget work continues. The Mayor's
office and Finance have continued to meet
with departments to refine the proposed
2023-2024 budget. The Mayor's budget will
be presented at a special meeting of the
Council on September 27.
• A group of ELT members continue to meet
to discuss refinements to the City's remote
work policy. After one additional meeting of
a smaller group of the ELT, the entire ELT
group will meet to discuss the refinements,
and staff will then work toward
implementation. The goal of this group is
to ensure continued public accessibility, a
high level of employee collaboration,
engagement and productivity, while
maintaining a workplace that is competitive
in the market.
• The Mayor's Office, along with other staff
from Law, ECD and Public Works, met with
the owner of the property at 711 Central as
well as his environmental remediation
expert. An agreement was reached to have
the structures on the property removed
sometime around the start of October.
Clerk's Office
• The Clerk's Office is working in conjunction
with the Information Technology
Department on the conversion of public
records from the Oracle system into the
City's new records management system -
Laserfiche. Work just completed on the
conversion of Corrections records and work
has begun on planning the conversion of
Police Department records. We welcomed
Eric Moore as the Business Systems
Analyst for this project and our team is
excited for his contributions to this project
• During the month of August, the Clerk's
Office processed 72 contracts, responded
to 638 requests for public records and
reviewed 3,400 minutes of BWC video.
Economic & Community Development
• Economic Development is working
collaboratively with the City of Seattle's
Office of Economic Development on a joint
application to the state Department of
Commerce's Small Business Innovation
Fund. If awarded, funds would be utilized
to capitalize and expand a CDFI
administered tenant improvement fund for
Kent businesses. Both cities identify
difficulties with commercial affordability in
newer developments, and funds in Kent
could target areas of highest potential for
displacement of local businesses or higher,
premium cost barriers in its downtown
commercial enterprise and midway transit
center zones (where transit is expanding
and new mixed -use projects are in various
stages of proposal or planning). The
partnership could serve as a model to other
cities in King County for funding a
continuum of support for BIPOC and
women -owned businesses looking at brick
and mortar locations, from predevelopment
through tenant improvement.
• Economic development attended the New
Space Conference where many Kent
company leaders were featured as keynote
speakers and panelists. Discussions
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centered around continual growth of space
sector, workforce needs, diversifying the
talent pool, and why space exploration is
critical to earth's future.
Permit Center / Buildina Services
For the month of July, building services
staff conducted 854 inspections and 161
plan reviews.
Bud et
• Work continues on the 2023-24 Biennial
Budget. Over the coming weeks, the
approved operating and capital requests
will be added to the baseline budget,
allocations and salaries and benefits will
be rerun, and transfers in and out will be
calculated.
Customer Service
• Interviews for the vacant Account
Representative position were held on
August 25 and 26. Second interviews were
scheduled for the last week in August.
• Beginning September 1, the Customer
Service counter will be open to the public
Monday through Friday from 9am to 4pm,
simplified from a schedule that varied by
day, and aligning with newly updated
Permit Center counter hours.
Accounting and Reporting
• The Accounting and Reporting group has
begun to work with the State Auditor's
Office for the 2021 Financial and Single
(Grant) Audits. For the Single Audit, the
auditors will be focusing their attention on
the Community Development Block Grant
(CDBG) and Shuttered Venues Operators
Grant (SVOG). The Accountability Audit
will kick off after the conclusion of the
Financial and Single Audits.
• Members of the Accounting and Reporting
Division have been working on cross -
training to serve as a backup for various
roles.
• Interviews were held during the last two
weeks of August for the Accounting
Supervisor and Accounting & Reporting
Manager positions.
Tax and Business Licensing
• In late August the Tax Division
commenced testing of enhancements to
the public facing FileLocal platform which
businesses use to obtain or renew their
City business license. Testing is scheduled
to be complete by late September 2022.
• The Tax Division amended Statement of
Procedures Nos. 1.01 Taxpayer
Communications and 1.04 Tax
Assessments to further enhance taxpayer
education, equity and compliance with City
B&O, utility, gambling and admissions tax
requirements.
Workday
• Preparing and testing for the Workday
System Update/Release that takes place
effective 9/12
Recruitment
• Interviews recently conducted for Field
Supervisor in Facilities, Accounting &
Reporting Manager, Accounting Supervisor,
Sr. Ecologist, Account Representative, and
SCADA Technician. Preparing for panel
interviews for Deskside Support Tier 2 and
Tax Auditor.
• New hires starting on 9/1- Nick Cooper
(Maintenance Worker 2 in Parks/PW),
Kristen Holdsworth (Long Range Planning
Manager), William Guyer and Cassandra
Ward (Lateral Police Officers), and Justin
Whitlock (Entry Level Police Officer)
• Updating PowerPoint slides for Kent 101
presentation
Benefits
• Working with our benefits broker, Alliant,
on benefits renewals for 2023
• Working with CVS to finalize one
outstanding KPOA CBA change
• KPOA CBA leave related changes have
been completed
• Working with employees and managers on
protected leave cases and ADA
accommodations
• Testing DRS rate changes effective
9/1/2022
Information Technology Projects
• Locates System Replacement - replace
current custom software with a vendor -
supplied and supported solution that
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5.6
integrates with existing enterprise software
and meets the business objective of
responding to locate requests via the
Washington OneCall consortium.
• City Hall UPS (uninterruptible power
supply) replacement - replace City Hall's
end of life UPS to ensure a continuous
power source for a data center running
critical business applications.
Information Technology operational support
for August 21, 2022 to August 30, 2022
• Number of tickets opened - 111
• Number of tickets closed - 254
Enterprise GIS
General:
• Normalization of address database to King
County 911 data
• Working with Parks to help with GIS items
• Rebuilding GIS Kent GeoPortal for city
website
• Completing inventory of GIS core SDE data
citywide
• Building 3D citywide building layer
• Working to complete preparation on the
rearchitect of GIS system implementation
• Assessing GIS Warehouse Task Force data
and standards
• Accessing ValleyCom 911 data
Weekly Customer Service Requests
• Monthly GIS data update
• Providing customer support to help staff
connect to GIS data
• Managing Connect Explorer login access
• eGIS participating in citywide software
implementations and providing GIS support
• Effective August 16, Tammy White was
appointed to the position of City Attorney,
and Christina Schuck was appointed to the
position of Deputy City Attorney.
• In August, prosecutors filed 208 new
criminal cases, 93 of which were for
defendants who were arrested and booked
on their charges, which require priority
filing the day following their arrest. The
remaining cases were filed "at large",
which means the case arose out of
investigative work by the City's police
department and did not end in the physical
arrest of an individual. Each criminal case
can, and often does, include more than one
charge.
• Prosecutors represented the City at 81
separate court calendars in August.
Depending upon the particular court
calendar, up to 40 defendants could be
scheduled to appear, some often having
more than one criminal charge pending. A
motions calendar typically has fewer cases
given the amount of time it takes to call
witnesses, take testimony, and present
arguments to the court. Pre-trial or
arraignment calendars, on the other hand,
will have significantly more cases set
because they do not require testimony
from witnesses and each case can be
handled more quickly.
• Thus far in 2022, prosecutors have
reviewed over 1,052 hours of body -worn
camera videos. Jury trials are held one
week of every month and the review of
police body -worn camera videos is just one
part of the trial preparation process
undertaken by prosecutors. Trial
preparation also includes prosecutors
interviewing victims and witnesses and
attempting to secure their presence for
trial, reviewing police reports, and listening
to 911 call recordings.
• To help with the expenditure of ARPA
funds, attorneys are assisting with
finalizing grant agreements.
• Civil attorneys are working with several
departments to enter into cooperative
purchasing agreements that will allow the
City to take advantage of more competitive
pricing for equipment and services.
• The City has received multiple subpoenas
for documents and records. In response,
attorneys and staff help craft search terms
for electronic searches, then compile and
review the records before they are
produced.
• Civil Attorneys are also working on
numerous enforcement matters related to
violations of the building code, fire code,
development and permitting.
• As issues with the administration of the tax
code arise, attorneys advise departments
on the application and interpretation of the
tax code and assist in preparing
administrative appeals.
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5.6
• Assisted the HR Department in a number of
week long camp served over 400 children
sensitive employment and labor related
in kindergarten through 6th grade.
matters.
Through the Access to Recreation
• Assisted City departments in reviewing and
Scholarship program, 156 financial
negotiating contract terms for a number of
scholarships totaling over $16,200 were
contracts related to construction,
awarded to Kent community families with
technological, and development projects.
demonstrated financial need. Campers
• Assisted outside counsel on a number of
enjoyed daily activities of arts & crafts,
cases currently in litigation.
games, songs, and group team building.
Additionally, campers participated in
RECREATION,'
outdoor activities, they attended
COMMUNITYWednesday
Picnic Performances at Morrill
Meadows Park and engaged in field trips to
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Recreation and Cultural Services
destinations such as Pt. Defiance Zoo,
• Summer Playgrounds at Morrill Meadows
Pioneer Farm & Museum and Oxbow Farm
Park on East Hill and West Fenwick Park on
& Educational Center.
the West Hill attracted phenomenal daily
Fall program registration got underway on
;
participation throughout the seven -week
August 15. Participants were able to
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program. Onsite staff organized running
register in person at Kent Commons and
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games, sports, arts and crafts and water
Kent Senior Activity Center, online, and by
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activities in addition to supplying a wide
telephone. Registration activity was brisk!!!
variety of recreational equipment for use in
Nearly all Adaptive Recreation programs
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the park. Free daily lunches were available
filled within twenty minutes, many of the
to all park visitors 18 and under through a
programs with waitlists; most senior center
cooperative partnership with the Kent
trips filled within the first hour; and general
Q.
School District. Wednesdays throughout
recreation programs also reported great
the summer were a highlight at Morrill
participation.
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Meadows as our Cultural Arts division put
Loud and excited cheers were heard
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on the weekly "Wednesday Picnic
coming from Wilson Playfields as the Kent
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Performances" and King County Library
Parks Soccer League got underway on
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System handed out free books to kids.
Saturday, August 27! The Fall soccer
Summer Playgrounds also featured two
jamboree kicked off the program for boys
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Fantastic Fun Friday special events
and girls in grades 2-7. Approximately 500
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attended by over 300 people. Kids were
players on 33 teams had their individual
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soaked from all the water games and
and team pictures taken and also played in
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everyone had a blast watching an aqua
practice games. Pre-K (ages 3 and 4) and
rocket shoot more than 400 feet in the air!
K/1 soccer will get underway on Saturday
• Youth & Teen's newest FREE summer
September 10 with 450 first time players
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program, 'Daily Drop -In Soccer", was a
on 30 teams participating in their first
huge success at Wilson Playfields and West
jamboree! Many first goals will be scored
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Fenwick Park. Coaches helped players
that day!! This program is filled with
develop and improve their skills through
sportsmanship, fitness, fun and memories
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drills and various workout routines and
to last a lifetime!
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then organized daily matches for everyone
The final week of the 2022 Summer
to practice what they had learned. Staff
Concert Series featured a Wednesday
reported excellent participation from all
Picnic Performance at Morrill Meadows Park
ages along with quite a few spectators
by The Not -Its! Approximately 300 kids
cheering on the competitors!
rocked out to the band and enjoyed free
• Under the direction of the Youth and Teen
books from the Kent Library, as well as ice
Division, the WALKAPALA summer day
cream and prizes from the Mayor's Office
camp program operated at full capacity
Communications team. Thursdays at the
June 27 through August 12. This seven-
Lake wrapped up with a concert by Los
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Angeles -based soul and hip -hop group
Urban Renewal Project at Lake Meridian
Park. The show was attended by
approximately 350 people. Overall, the
2022 Summer Concert Series served
approximately 3,500 people with 12 free
concerts at two parks.
• The 2022 Centennial Center Gallery
Summer Art Exhibit wrapped up on August
18. For the months of September and
October, the gallery will feature a show of
portable collection works, including recent
2022 purchases.
Facilities
• Driving Range Fire: Operations have been
going well but repairs cannot begin until we
receive clearance. We met with PSE and
fire investigators last week and are still
waiting for clearance from insurance to
begin.
• A fire alarm at City Hall on Monday
8/30/22 was due to a pull station being set
off. System was reset and is back in
operation.
• Detectives TI project at Centennial Center
3rd floor is complete. Detectives have
started to move into the space.
• Generator Building repairs are complete.
Still working on some final punch list items
but both are now operational.
• Solar grant application for the Senior
Center roof was submitted and we were
awarded the grant. We can't formally
announce until Commerce sends their
press release.
• Courthouse and Corrections generator
project is underway. The back area is
ready for concrete. The generator has a
very long lead time and expected to arrive
in April 2023 at which time it will be
installed and commissioned.
• Police HQ renovation is in progress. The
training room is scheduled to be completed
in the next few weeks and looking very
nice. Demo to the lunchroom wall partitions
is underway and this is the last portion of
the project.
• Senior Center Roof bid was awarded to
Signature Roof Service LLC. Looking at a
start date early September.
• IT Annex remodel scheduling is in process
and IT is being very helpful with moving
and cleaning items.
• Parking lot seal coating projects are
underway. IT Annex, City Hall, and
Commons are complete. We're working
with the teams to schedule KMP and
Riverbend. Due to high activity levels at
both locations it has been difficult to lock in
a good time.
• EV charging station for the City Hall
campus parking garage is installed and the
new Ford Mach E's are now officially in the
motor pool.
• KMP roof top unit (RTU) was installed and
operational.
• The City entered an IAA to work with DES
on some HVAC projects coming up.
Currently working with Ameresco to
upgrade the chiller and boiler at Commons
through this agreement. Their pricing came
back extremely high so we're revisiting this
approach.
• HVAC team has continued to be very busy
with the hot weather and doing a great job
responding to fix any issues.
• Kent Commons gym floor is complete and
we're finalizing the plan for the wall pads to
replace the old wood slats.
• West gate at Shops is now fully repaired
with new loops. East gate is approved for
full replacement and the South gate is
being scheduled for further repairs.
• A new commercial walk-in refrigerator for
Corrections is approved. This has an
extremely long lead time and we'll be
tracking it closely.
• Driving Range smashed doors have a 6-
month lead time. Order is placed and we're
tracking.
• Two new custodians started on 8/1/22.
• Tony Thiessen retired 8/31/22. Congrats
Tony and thank you for everything!
Staff Changes - Hiring/Retirement/
Recruitment/ Leaves/Promotions
• Corrections Officer Kenneth Holifield
resigned June 30.
• Assistant Chief Rotation August 16:
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o Investigations Division - Assistant Chief
Hemmen
o Patrol Division - Assistant Chief Kasner
o Support Services Division - Open -
Acting AC Grove
• Admin Assistant II Rotation August 16:
o Investigations Division - Karen Wesson
o Patrol Division - Cassi Fowler
o Support Services Division - Open
• Lateral Corrections Officer Kevin Langlois
started August 16.
• Entry level Officer Tina Allen started August
16.
• Officer Joel Makings promoted to Sergeant
August 17.
• Administrative Assistant Abbie Taylor
resigned August 26.
• Detective Dan Koehler resigned August 31.
• Officer Brieann Knott resigned Sep. 1.
Significant crime activities/arrests
/investigations
• On August 8, at 10:41 pm, officers were
dispatched to a suspicious circumstance
call at the 7-Eleven located at 20727 1081"
Ave SE. A suspect was in the parking lot
randomly yelling at people until he
specifically targeted the victim. The victim
was attempting to buy a beer when the
suspect retrieved a handgun from a vehicle
and began pistol whipping the victim. The
suspect got into a vehicle and fled
southbound. In the process the suspect hit
two different motorists and then
abandoned the vehicle in the
roadway. Officers found the vehicle was
stolen and recovered it. A K9 track was
conducted, and a firearm was located.
Detectives are investigating.
• on August 9, at 6:49 pm, a male known to
the victim kicked in the door to a residence
and produced what she believed to be a
real gun. The suspect demanded her bag
as he pointed the gun at her head. The
suspect fled on a motorcycle, leaving the
bag behind, and dropping a gun. The
suspect crashed and fled on foot. A K9
track located the suspect, and he was
taken into custody. The gun was found to
be a BB gun.
• On August 10, at 7:00 am, officers were
dispatched to a robbery in the parking lot
of the Safeway located at 13101 SE Kent
5.B
Kangley Rd. The victim was about to start
shopping when a vehicle pulled up and the
suspect got out with a handgun. The
suspect pointed the gun at the victim and
demanded her purse. The victim stated she
had an expired credit card, no money and
began to cry. The suspect became
frustrated and left without taking anything
from the victim. Detectives are
investigating.
• On August 10, at 11:04 am, officers were
dispatched to a subject making threats
towards neighbors at the Olympic Skyline
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Apartments. The subject/suspect had a
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shotgun and was known to carry
firearms. Officers could hear gunfire
coming from the suspect's apartment.
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SWAT was summoned and the suspect was
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taken into custody.
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• On August 10, at 2:13 pm, officers were
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dispatched to a suspicious fire at the
Phoenix Court Apartments. Maintenance
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was able to get the fire out before it
created significant damage. A witness saw
a tenant standing outside of his unit and
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appeared to have set his apartment on
fire. When the witness yelled out to the
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suspect, he walked away. The case was
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referred to Kent Fire Investigators.
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• On August 11, at 3:48 am, an officer
responded to the Multi -care Emergency
Room in Federal Way regarding a stabbing.
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The victim had multiple stab wounds to her
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arm. The victim's vehicle broke down in
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Federal Way and she began calling
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different friends to come pick her up. One
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of her friends, and another known
associate, showed up and drove her to the
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AM/PM located at S 240' St and Pacificcc
Hwy S. The victim was then stabbed by
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one of the subjects in the vehicle.
Detectives are investigating.
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• On August 12, at 1:49 am, officers were
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dispatched to the Park Place Apartments
for a drive -by shooting with no one
injured. A parked van had several bullet
holes in the hood and windshield. The
bedroom windows to two apartments were
shot out. There were 17+ bullet holes
in/around the bedroom window. 28-9mm
casings were located in the parking lot.
Detectives are investigating.
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5.B
• On August 12, at 6:59 am, officers
responded to a residence located in the
26400 block of Lake Fenwick Rd regarding
a robbery. The victims were asleep in their
home and woke up to their normal alarm.
When they went downstairs, they saw
flashlights and were overtaken by three
suspects. The suspects zip tied their hands,
demanded cash and jewelry, and put them
in a closet while they ransacked their
home. The victims remained in the closet
until they could no longer hear the
suspects. When they left the closet, they
cut off the zip ties and ran to the
neighbor's house to call the police. The
suspects took the keys to the victim's
vehicle, some jewelry, and electronics.
Detectives are investigating.
• On August 12, at 11:27 am, officers were
dispatched to a reported injury collision at
Central Ave N and James St. They were
told there was a male laying on the ground
and bleeding from the head. Upon arrival,
officers located the victim who had been
severely beaten with a tire iron. As officers
were trying to provide aid, a subject known
to them was standing nearby and would
not leave the crime scene. After several
attempts to ask him to leave, they were
forced to detain him. While doing so they
noticed blood on his hands and shirt. This
subject was later taken into custody for
hitting the victim and another subject with
a tire iron. This suspect was the same from
the Arson investigation at Phoenix Court.
• On August 14, at 3:30 am, officers
responded to the 7-Eleven located at 1481
W Meeker St regarding an accident. The
victim was crossing Meeker St with his
bicycle when the suspect swerved over and
hit him. After the collision, the suspect got
out of his vehicle and made comments
suggesting he knew the victim. When the
suspect fled the area, a witness followed
and obtained the license plate. Traffic is
investigating.
• On August 15, at 1:09 am, officers were
dispatched to a welfare check at the
Safeway located at 13101 SE Kent Kangley
Rd. As they were responding, the reporting
party relayed information that her brother
was on scene and being shot at. Officers
found a vehicle with a bullet hole in it
which appeared to belong to the
victim. The victim was brought back to the
scene by the reporting party and he was
not forthcoming with information about the
incident..357 casings were located near a
bus stop.
• On August 15, at 6:55 am, officers were
dispatched to a recent residential burglary
that occurred in the 26200 block of 144tn
Ave SE. The victim and her husband had
dropped their children off at daycare when
they received a notification from their
home surveillance system. She reviewed
the footage and saw a subject was on their
property. Upon arriving home, she saw the
suspect exiting her residence and getting
into a pickup. The suspect fled and the
victim gave chase while calling 911. When
they were in the 25900 block of 132nd Ave
SE, the suspect began to shoot at the
victim which prompted her to stop
following. Officers found the suspect had
taken jewelry and a 9mm handgun from
the residence. Two 9 mm casings were
found at the scene of the shooting.
Detectives are investigating.
• On August 16, at 7:24 pm, a male high on
PCP and/or LSD fought with family, then
fought with officers. He then fought at the
hospital and fought more at the jail.
Multiple officers had blood/feces exposures,
and one poor officer's patrol car may never
smell right again.
• On August 17, at 1:03 pm, an officer was
dispatched to a robbery that occurred in
the 11100 block of SE Kent Kangley Rd.
The victim was a 65-year-old female
walking home along SE Kent Kangley Rd
when two unknown suspects struck her
from behind knocking her to the
ground. The suspects caused a laceration
to the side of her head and broke her
glasses. The suspects attempted to take
her purse, but she held on and they fled
the area. Detectives are investigating.
• On August 17, at 4:24 am, a video alarm
came in at our secure impound lot. A male
and female were seen walking from the NW
corner towards the gate. Officers located
the two subjects on the Ventana side of the
fence. There is a large hole cut in the SW
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Packet Pg. 11
corner of the impound lot fence that was
recently made with a board to walk across.
The female admitted that the male told her
they were going inside to get guns out of a
white trailer. He had also been in the lot
before. Both subjects were booked for
Criminal Trespass 2.
On August 17, at 2:15 pm, officers were
dispatched to an assault behind the Kent
Library. The victim had a laceration to the
side of his head. The victim was talking
with his ex (suspect) who had taken some
of his belongings. The argument escalated
and the suspect stated she was going to hit
him with an axe which was lying on the
ground. A witness saw the suspect pick up
the axe and swing it at the victim hitting
him in the head. The blade was turned
away from the victim when he was
struck. The suspect was not located by
responding officers. Detectives are
investigating.
On August 17, at 7:00 pm, an officer was
dispatched to Valley Medical Center
regarding a robbery that took place in the
200 block of E James St. The victim had
trauma to his face and his left eye was
swollen shut. The victim had just cashed a
check from his work and was at a bus stop
on James St. He contacted a couple
subjects who were known to him to include
the suspect. The suspect tried to get the
victim to purchase drugs from him, but the
victim declined. The suspect punched him
in the face causing the victim to fall to the
ground. The suspect continued to hit him
and took items from the victim's pockets to
include his wallet. The suspect was last
seen fleeing northbound on Central Ave
N. Detectives are investigating.
On August 18, at 7:52 pm, officers were
dispatched to a stabbing in the parking lot
of El Charro located at 10218 SE 2401n
St. The victim and suspect got into an
argument which prompted a physical fight
involving family members of the
victim. The male victim had a puncture
wound to the stomach. The suspect
claimed she stabbed her fiance in self-
defense. Officers detained the female
suspect who was the victim's fiance.
Detectives responded, interviewed multiple
5.6
witnesses and the suspect. The suspect
was booked into the King County Jail at the
conclusion of the investigation that night.
• On August 18, at 9:57 pm, officers were
dispatched to a stabbing at Woodland
Estates located at 4821 Kent Des Moines
Rd. An elderly male was inside his
apartment and had his door propped open
for air flow. The unknown suspect pushed
open the door and entered the victim's
apartment. The suspect began to go
through a closet near the front door where
the victim kept his money, credit cards,
a
and his .357 handgun. When the victim
co
confronted him, the suspect demanded
money and a cell phone. The victim armed
himself with a knife and began pushing the
;
suspect out of his apartment. When the
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victim tried to shut the door, the suspect
E
reached back inside before the door could
,°
be closed putting his arm between the door
frame and the door. The victim began
a
poking the suspect's arm until it caused
enough pain for him to let go of the door
and it shut. The suspect's arm was treated
Q.
at a medical facility and he was booked
into jail for Burglary.
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• On August 19, at 12:53 am, officers were
L
dispatched to an assault with a weapon at
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Appian Way Apartments. A female victim
>
walked into her apartment and said her
boyfriend tried to stab her with scissors.
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The victim had been cornered in the
bathroom of her apartment by the suspect
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and then was strangled and raped. The
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victim ended up jumping off a 3rd floor
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balcony to get to safety. In the process,
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she broke her leg from the fall. The suspect
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was not located by responding
officers. Detectives are investigating.
• On August 19, at 6:33 pm, officers were
dispatched to a shooting that occurred in
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the parking lot of the Riverwood
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Apartments. The victim was shot in the
parking lot. Officers detained the suspect
who claimed he acted in self-defense. The
incident was caught on video by the
victim's 10-year-old son. The suspect had
been involved in verbal arguments with
other residents about parking in no parking
areas. During this incident, the suspect saw
a female park in the fire lane and began to
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Packet Pg. 12
5.B
record her. The suspect went up to his
apartment and a short time later, the
female's brother (victim) came out and
began yelling at the suspect from the
sidewalk below. The suspect came
downstairs and engaged in the argument.
The suspect ended up pushing the victim to
move him away, and the two exchange
punches. The suspect was pushed down a
set of stairs while the victim remained on
the landing above. The suspect then fired
one round at the victim hitting him in the
chest which killed him. Detectives
responded, interviewed the suspect, and he
was booked into jail.
On August 20, at 12:57 am, officers were
dispatched to a shooting at the Carriage
Square Bar. A victim sustained a single
gunshot wound to the abdomen. The
suspect fled the scene. Officers were told
the victim and his sister had been in the
bar but went into the parking lot and began
to argue. The unknown suspect interjected
and asked the victim saying something to
the effect of, 'Why are you talking to her
like that?". The suspect then pulled out a
gun and shot the victim once in the
stomach. Detectives are investigating.
On August 20, at 3:17 am, officers were
dispatched to an illegal discharge near
Turn -Key Park in the 23300 block of 100tn
Ave SE. As officers were responding, a
resident in the area called to report an
unknown subject (victim) with a gunshot
wound to the shoulder was on their
doorstep. Officers contacted the victim who
stated he had attended the illegal street
races and ended up at the park to
smoke. At that time, someone shot at him
and he ran across the street. Officers went
to the park and located 15 casings around
the victim's vehicle. The victim had facial
injuries, and a witness stated they heard
two separate volleys of gunfire. The victim
was transported to the hospital. Detectives
are investigating.
On August 22, at 9:45 am officers
responded to a robbery with a gun that
occurred at Saar's Super Saver located at
25928 104t" Ave SE. The suspect had come
into the store and stole numerous cases of
beer. When employees confronted him in
the parking lot, the suspect pulled out a
shotgun. The suspect got into a vehicle and
fled the area. Officers, SIU, and SWAT
personnel obtained a search warrant for
the suspect's residence in Covington and
took him into custody.
• On August 23, at 11:56 pm, officers were
dispatched to a suspicious circumstance at
the Green River Estates located at 1868
Central PI S. Prior to their arrival, they
were told the person screaming in the
parking lot had been robbed at gunpoint.
The victim stated she parked her vehicle
near her apartment and remained inside
while checking her phone. The suspect
approached her and stole her vehicle at
gun point. The vehicle was not located by
responding officers and is still outstanding.
Detectives are investigating.
• On August 26, at 6:29 am, officers were
dispatched to a robbery at the Metro Park
and Ride located at 23405 Military Rd
S. The victim had arrived at the location
driving his work vehicle when he saw two
people he believed were breaking into a
vehicle. The victim started to video record
the subjects, approached them, and told
them the police were on the way. One of
the suspects ran from the scene while the
other pulled out a large knife and began
confronting the victim. The victim backed
up towards his work vehicle which was still
running and unlocked. It appeared the
suspect recognized this, ran and got into
the victim's vehicle, and fled the area
southbound on Military Rd. The vehicle was
located unoccupied in Des Moines the
following day and impounded. Detectives
are investigating.
• On August 26, at 2:25 pm, officers were
dispatched to a DV involving a knife at the
Central Flats Apartments. A 12-year-old
female called saying her mother and her
boyfriend were physically fighting and her
mother had a knife. There was a third adult
female fighting with them. The 12-year-old
was hiding in a bedroom with two toddlers.
As the police arrived, the male half handed
the 12-year-old a backpack and told her to
hide it in a closet. When contacted by an
officer, the 12-year-old immediately
handed the backpack to him. A gun was
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•
•
felt in the backpack. None of the adults
were cooperative. The mother of the 12-
year-old was bleeding from the face and
there was blood splatter on the other two
adults. The sister of the mother was
arrested for obstructing as she was trying
to leave the scene before we could
determine what happened. Probable cause
was established for DV Assault 4 for the
male, who was a convicted felon for drive
by shootings. The mother was a convicted
felon as well. Officers wrote a search
warrant for the backpack. A Glock with a
20-round magazine and four large bags of
marijuana were found in the backpack. The
male was booked into King County Jail for
unlawful possession of firearms. CPS was
notified since the male handed a 12-year-
old a loaded firearm in a backpack.
On August 27, at 1:28 am, officers
responded to assist Puget Sound Regional
Fire Authority with an in -progress fire in
the 2700 block of S 258th PI. An entire four
plex was fully engulfed. Officers contacted
two intoxicated juvenile females (12 and
13 years old) sitting on the curb who
confirmed they were the ones who started
the fire, were still drinking alcohol, and
laughing about it. No one was hurt during
the fire as the building was evacuated. The
juveniles were booked into jail for arson.
On August 27, at 10:08 am, officers
responded to a welfare check located near
Safeway at 13101 SE Kent Kangley Rd. The
reporting party stated her friend watched a
stabbing the night prior at a homeless
camp near the location. Officers located the
victim who had a stab wound to the
chest. Puget Sound Regional Fire Authority
responded, made repeated attempts to get
the victim to go to the hospital, but she
refused. The victim claimed she was
stabbed by a known subject over a $20.00
debt. Some witnesses claimed the victim's
boyfriend was the person who stabbed her.
Detectives are investigating.
On August 28, at 8:45 pm, officers were
dispatched to a shooting at Irwin Park
Apartments. Officers located three victims
who received multiple gunshot wounds to
the upper torso and head area. One victim
passed away at the scene and the other
5.6
two were transported to the hospital. Initial
indications suggest the three victims and
another adult were inside an apartment
when the unknown suspect(s) opened fire
upon the occupants. Casings were found
inside the apartment suggesting the
suspects made entry when this
occurred. Detectives are investigating.
Events and awards
Officer Lovai Hong was commended for his
witness testimony in a case that ended with a
guilty verdict for rape in the 2nd degree. King
County Prosecuting Attorney's Office said, "It
is evident that Officer Hong truly cares about
the work he does and is willing to do what it
takes to assist in our offices' combined efforts
to help victims of these heinous crimes seek
;
justice."
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WORKSPUBLIC
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Land Survey/PW GIS
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• Field staff provided construction support
and staking on active capital improvement
--
projects, including the 2022 Overlays.
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Topographic design surveys were
performed at multiple sites for the Russell
Road Sidewalks and 224' Phase 3 East.
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• Professional staff reviewed CIP project
plans, calculated various portions of City
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right of way, and is writing legal
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descriptions for various CIP projects.
2
• PW GIS staff is supporting Public Works
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Operations staff with Cityworks for
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continual streamlined asset
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management. Fulfilled public records
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requests, entered infrastructure utility
project as-builts and performed regular
data base maintenance tasks.
2
Environmental
• McSorley Wetlands Complex Clean-up:
staff to provide estimate of the impacted
E
area for vegetation mitigation as well as
0
planting plan. Washington Conservation
Corps crew may be hired to do the
planting. Totem's latest visit to the site
revealed that campers whacked some
vegetation to create trails. Staff and Totem
logistics met on -site at McSorley Creek on
Wednesday, August 31 to measure and
count possible affected vegetation due to
the cleanup of the area.
Page 10 of 14
Packet Pg. 14
• Mayor's Homeless Outreach Team/on-call
garbage contract: Totem Logistics has
completed its cleanup of a small inactive
encampment along Frager Road north of
Veteran's Drive. Staff continues to work
with PD and PWO to identify encampments
and clean them up. Staff will met to
discuss PW priority areas on Monday 8/29
and prepared notes for the Homelessness
Internal Taskforce Meeting on Wednesday,
August 31.
• 2022 Recycle Collection Events: roughly
150 vehicles came through for the third
mini recycle event that was held on August
26 at Hogan Park where we collected paint,
mattresses, electronics, documents for
shredding, and textiles. The final mini
events will be Friday, September 9 at the
Kent United Methodist Church where we
will collect the same items. These are free
events to the public and all are welcome to
attend. All mini events are Fridays from 1-
4 pm.
• Clean Water Act Stormwater Inspections:
staff will conduct 14 stormwater system
inspections of multifamily residential and
commercial properties including post
construction walkthroughs and re -
inspections. Staff will perform inspections
at 10 development projects to ensure
proper construction site pollution
prevention practices including erosion and
sediment control. These include technical
assistance, follow up inspections, and
enforcement as needed.
Design
• Sanitary Sewer Master Plan: street use
permits received for contractor to setup
flow monitoring stations.
• Stormwater/Drainage Master Plan:
discussing scope of work and preparing for
consultant selection process.
• Russell & S. 240th Sidewalks: 60% review
comments received and being
incorporated. Met with arborist to discuss
possible impacts to trees. 90% review
expected to be distributed late September.
• Rapid Rectangular Flashing Beacons: 60%
review comments received and being
incorporated.
• HSIP - Compact Roundabout: 60% review
expected to be distributed mid -September.
5.6
Constructability to be discussed at that
time.
• 2023 Asphalt Overlays: locations finalized.
Preparing for complete streets and
validation of crosswalk locations.
• S. 224th St - Phase 3 West and East:
o WEST: Further coordination with utilities
indicate that advancing a Joint Utility
Trench is too costly for utilities. Team
incorporating time for utility relocation
work into being done concurrent to the
project and constructability impacts.
NEPA documents submitted to WSDOT
a
for review/approval.
Cl)
o EAST: Evaluating stormwater options
=
(existing pond and proposed pond).
• Willis St - 74th Improvements: all
;
documents submitted to WSDOT on the
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channelization plan. Moving ahead with
E
PS&E development.
°
• Washington Ave Pumpstation: continued
efforts in preparing final scope of work for
a
endorsement. Reviewing work needed for
stormwater flow from the east and to
V_
Foster Park.
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• Mill Creek Reestablishment: reviewing
options, cost and risks for waterline
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relocation. Preparing risk matrix to
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facilitate decision process.
o
• Green River Resources Area - North
Pumpstation: coordinating with operations
>
for replacement of existing pump and to
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determine information to gather on how it
is functioning.
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Construction
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• West Hill Reservoir: electrical between
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control building and tank ongoing.
Encapsulation of exterior being completed.
c
Starting exterior coating process with
special
inspector
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oversight.
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Packet Pg. 15
5.B
Summit Landsburg Road and Rock Creek
Culvert Replacement: 14-day wet cure on
deck completed 8/26, 4,200 psi
compressive strength. Continuing bridge
utility install. Creek bypass removed
Friday, 8/26 ahead of 8/31 fish -window
closure and before road opening. Backfilled
bridge approaches for northbound only
traffic on 8/30. Completing bridge deck
edge traffic barrier forming. Poured for
both sides on 9/2.
6MG1 Reservoir Recoating and Vent
Replacement: interior topcoat application
ongoing. Magnum is installing containment
system to scaffolding in preparation for
external tank coating replacement.
E Tacoma St - Kensington Ave Drainage
Improvements: Gabion basket and swale
installation is complete. Rock wall and
driveway removal began the week of 8/28.
Downey Side Channel Restoration Final
Phase: crews installing logs for second type
3 structure (picture below of first
completed Type 3 structure). Pile driving
continues. Three piles remaining to be
installed. WA Dept of Fish and Wildlife has
issued a permit extension.
2022 Asphalt Overlays: Grinding/paving on
S 2681h completed on Thursday, 9/1.
Concrete flatwork complete on 268th with
the exception of one driveway which will be
receiving added storm drainage features.
Speed bumps on 40th anticipated to be
completed week of 8/28. Emergency storm
repairs on 235th and 112th have been
approved; contractor expected to pothole
and confirm materials order by end of this
week.
Merryfield Estates (10715 SE 272nd St) -
Roundabout construction began week of
8/28 in the intersection of 10811 and
272nd. Traffic flow will be impacted while
these activities are taking place.
Rich's Place / Pine Meadows (11061 SE
192nd St) - Sewer main installation on SE
196th St occurred Monday, 8/29. A full road
closure on 196th will be implemented from
7:00 AM to 4:00 PM Monday through
Friday until this installation is complete.
Streets
• Street Maintenance performed grinding and
hot patching for overlays/inlays on 120th
Ave SE, E Pioneer St and on S 200th St, hot
patched for repairs on McMillan St and for
an overlay on Scenic Way, saw cut and hot
patched for a repair on S 200th St, prepped
for pour, poured an ADA ramp and stripped
forms on E Pioneer St, cleaned the
shoulder area on Russell Rd, performed
concrete utility repairs on 1161h Ave SE and
hauled millings at the Kent East Hill
Operations Center (KEHOC).
• Signs and Markings turned up the flags on
the school flashing signals Citywide, cored
and installed signs on SE 272nd St, set
bases and installed signs on SE 256th St,
replaced speed limit signs on S 2281h St,
cored, set bases and installed signs for
retro-reflectivity on 100th Ave SE, installed
bases and signs for retro-reflectivity on
941h Ave S, inventoried signs and input into
GIS at various locations Citywide, picked
up traffic control from the downtown area,
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Packet Pg. 16
5.6
installed flex posts at various locations
Citywide and maintained signs in various
locations and in school zones Citywide.
• Solid Waste cleaned up debris in several
locations including along SE 208th St, S
260th St, 116th Ave SE, Central Ave S, SE
Kent Kangley Rd and along Military Rd S
• Water Vegetation mowed and line trimmed
multiple locations such as at the Blue Boy
Tank, Summit Reservoir, Cambridge, Pump
Station #3, the 212th Treatment Plant, the
208th Well, the 3.5 Tank, the 640 Zone
Tank, KEHOC, Clark Springs, the Seven
Oaks Well, the Kent Springs Gallery, the SE
286th PI water main easement and at the
Elk Run water main easement.
• Street Vegetation staff mowed, line
trimmed and cleared debris along 116th
Ave SE, E Valley Hwy, S 212th St/Orillia Rd
S and along 84m Ave S, pulled weeds and
cleared debris within the planted beds
along W James St and from various traffic
islands Citywide, applied Casaron for weed
control in the traffic islands on Pacific Hwy
S and sprayed along roadsides Citywide.
• The Sidearms mowed on 108th Ave SE,
124th Ave SE, Benson Rd SE, Canyon Dr, S
252nd St, 43rd Ave SE, 132nd Ave SE, 94th
Ave SE, Frager Rd, S 212th St/Orillia Rd S,
SE 256th St, S 259th St, 3rd Ave S, 5th Ave S
and on Garrison Hill from Benson Rd SE to
94th PI S.
• Wetland Mitigation crews ran the irrigation
systems at the Downey, KOA, 72nd Ave and
Barn Road mitigation sites, line trimmed
and removed weeds at the Leber, the bike
path, Barn Road mitigation, the 72nd Ave
and GRNRA cottonwood forest sites,
monitored vegetation at the Briscoe and
KOA sites and weeded the plants around
the GRNRA nursery.
Water
• Staff have been working on renewing a
water service in the Park Orchard
Development and four water services on
Scenic Way. They have also installed a new
water service for the new Kent Community
Garden north of the Accesso ShoWare
Center. Staff have worked on repairing fire
hydrants that have been damaged by
vehicles and continued to exercise and
paint fire hydrants in the Lakes Area.
Source, Supply and Pumpstations:
• Source and Supply staff have cleaned the
surge tank at Kent Springs, tested the
backup generator, contacted contractors
for bids on replacement of Potassium
Permanganate Color Monitor and scheduled
the repair of a seized up recycle water
pump at the 212th Treatment Plant,
contacted contractors to remove hazardous
trees at Clark Springs, gathered
information, created a scope of work and
researched contractors for the water tower
fall restraints, worked with Lake Meridian
Water District for locates and soil bores,
checked fuel levels in generators and
performed any needed maintenance, had
Bainbridge Electrical out to perform
electrical inspections at Pumpstations #4
and #6, performed wellhead protection
monitoring and water quality/treatment
checks and adjustments and performed
various site checks for any needed
maintenance or repairs.
• SCADA staff checked demands and flow at
the 212th Treatment Plant well and
adjusted as needed, monitored for
underdrain gallons per minutes, chlorine
and turbidity at Guiberson, continued to
work on the hotbox power project at the
Guiberson Corrosion Facility, re -started the
Garrison well to meet demand, exercise the
well and use up the bleach and
programmed the SCADA controls for
Pumpstation #6 Fill Mode operation.
• Pumpstation crews picked up windings/
rotor from NC Machinery and swapped out
generators at the Union Pacific
Pumpstation, met with contractors to
discuss the installation of upgraded pumps
and the electrical wiring for the Grinder at
the Frager Pumpstation, cleaned the 212th
Sewer wet well and cleaned up the site at
Lindental.
Storm/Sewer/Drainage Vegetation
• Storm crews cleaned storm lines for TV on
SE 221st PI, SE 216th St, SE 217th St and on
SE 216th PI, cleaned a culvert on S 212' St,
replaced a culvert on Lake Fenwick Rd,
installed rip rap around a culvert on E Titus
St, installed a catch basin and storm line
on 5th Ave N, raised a manhole on E
Pioneer St, repaired a catch basin hood on
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5.B
116th Ave SE, installed a new asphalt berm
on 132nd Ave SE, removed a beaver dam at
Johnson Creek, maintained ponds at SE
260th PI, 129th Ave SE and at SE 276th Ct,
took inventory of ditches on SE 213th St
and S 218th St, assessed ditches on 135th
Ave SE, performed maintenance on ditches
on 5th Ave N and performed decant testing
Citywide. Crews also performed National
Pollutant Discharge Elimination System
(NPDES) assessing on 104th Ave SE, SE
222nd St, 113th Ave SE and on SE 226th St
& pumping on SE 227th PI and SE 223rd St.
Sewer crews TV'd and cleaned existing
sewer lines with the Vactor between 124th
Ave SE and 132nd Ave SE from SE Kent
Kangley Rd to SE 282nd St, between SE
216th St and SE 228th St from 100th Ave SE
to 104th Ave SE and between 116th Ave SE
and 104th Ave SE from SE 237th St to SE
244th St, TV'd for a storm inspection at the
Skagen Plat on 116th Ave SE, repaired an
easement off of 121St PI SE, removed a tree
from the easement off S 200th PI,
performed manhole lid and frame
changeouts on 109th Ave SE, installed
asphalt around manholes on Riverview Blvd
and on S 2515t St and cleaned the lines at
the Monte Carlo Pub.
Wetland Maintenance mowed, line
trimmed, sprayed and removed invasive
weeds at Gages Grove on 124th Ave SE,
Pheasant's Hollow A and Joe Joe Circus on
127th Ave SE, West Creek Meadows on SE
217th St, the BMX Wetland on 123rd Ave
SE, Pantax Greenbelt on SE 221s' PI,
Earthworks Wetland on Reiten Rd, the
Senior Center Wetland on E Smith St, Lake
Fenwick Wetlands on S 272nd St, Redondo
on 25th Ave S, ShoWare Center on W
James St and at Horseshoe Bend on 80th
Ave S, mowed and line rimmed at the
GRNRA and inspected wetlands for
transient activity and removed litter as
necessary at Maplewood Grove on 108th
Ave SE, Redondo on 27th Ave S, Signal
Electric on 3rd Ave S, 72nd Ave Diversion
Channel on 72nd Ave S and at Horseshoe
Bend on 801h Ave S.
Holding Pond crew mowed and line
trimmed at Canterbury and Eastwood on
SE 247th PI, Goff Property, Leabo,
Huchinson Landing and Autumn Glen on
106' Ave SE, Kensington on Kensington
Ave S, Rachael Place on W Rachael PI,
Bandon East on 94th Ave S, the 3rd Ave
Pond on 3rd Ave S, The Meadows on SE
248th St, Westminster Place on 115th Ave
SE, Family Homes Bioswale and the 11311
Ave SE Pond (trampoline pond) on 113th
Ave SE, Alvin's Pond on SE 260th PI, Reith
Hill on Lake Fenwick Rd S, Maple St Storm
Easement on E Maple St, Royal Woods
Manor on 107th Ave SE, Heritage Lakeland
on 105th Ave SE, Plat of Kentara on SE
272nd PI, White Tiger Alley and the 109th
Easement on SE 252nd St, Upper Mill on
104th Ave SE, the 277th Corridor on Green
River Rd S, Greenfield Park on 26th PI S,
Winterbrook on Cardiff Ave, Cambridge
East Div 3 on Somerset Ln, Randall Park on
S 2615t St, Benson Highlands on 112th Ave
SE, Garrison Greens on SE 243rd St,
Eastmont on SE 244th St, the Vineyard on
35th PI S, Parkside on S 255th PI and at
Adrian and Starlake Highlands on 36th Ln S.
Fleet/Warehouse
• The Warehouse crew continued to assist
with CDL training, maintained the shops
yard, keeping it clean and free of litter and
debris, cleaned and maintained the wash
rack, washed and vacuumed motor pool
vehicles, issued personal protection
equipment (PPE's) and motor pool vehicles
to staff and hydrant meters and public
notice boards to contractors, repaired small
equipment as needed, received parts and
inventory orders, hauled spoils as time and
equipment were available and continued to
manually open and close the broken East
Gate daily and locked and unlocked the
gates in the employee south parking lot at
the beginning and close of the work day.
• Fleet staff prepared vehicles for auction,
poured a concrete pad for the new lift,
performed annual lift and overhead crane
inspections, repaired vehicles involved in
accidents, worked on various mower
repairs and worked on scheduled and non-
scheduled maintenance and repairs.
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KENT
WAS M IN G 7 0 N
Date:
August 16, 2022
Time:
5:46 p.m.
Place:
Chambers
I. CALL TO ORDER
Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
August 16, 2022
Council President Boyce called the meeting to order.
Attendee Name Title
Bill Boyce Council President
Brenda Fincher Councilmember
Status
Arrived
Present
Present
Satwinder Kaur
Councilmember
Present
Marli Larimer
Councilmember
Present
Zandria Michaud
Councilmember
Present
Toni Troutner
Councilmember
Present
Les Thomas
Councilmember
Mayor
Present
I Present
Dana Ralph
II. PRESENTATIONS
1 King County Rate Restructure and Tony Donati 30 MIN.
Landfill Update King County Staff
Tony Donati, Conservation Coordinator provided introductions for
presentations from the King County Solid Waste Division regarding King
County's rate restructure program.
John Walsh, King County Solid Waste Division Strategy and Performance
Section Manager, advised the mission is "Reducing single use, Reusing
everything that can be, Recycle what's left, Renewing communities,
Rethinking what's possible." The Vision is "Healthy, safe, and thriving
communities in a waste -free King County."
Re+ is a call to action that is included in the Strategic Climate Action Plan,
King County Code, King County Equity and Social Justice strategic Plan, the
K4C Commitment, and the Comprehensive Solid Waste Management Plan.
Walsh provided statistics of residents support of the Re+ program, talked
about where King County is leading and where King County is lagging and
provided details of what zero waste of resources would look like.
Walsh reviewed Fast Start Actions and talked about the estimated impacts
from Fast Start Actions.
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Packet Pg. 19
City Council Workshop Workshop Regular August 16, 2022
Meeting Kent, Washington
Minutes
..............................................................................................................................................................................................................................................................................................._.........................................................................................................................................................................................................
Brian Halverson, King County Solid Waste Division Strategy Unit Manager
talked about why a rate restructure is needed, including:
• Under our current rate structure, as we reduce waste and divert more
resources via recycling, revenue will also be reduced making it difficult to
fund core services.
• 90% of SWD revenues come from waste disposal
• Re+ goal is to reduce disposal tons by 70%
• The majority of SWD costs are largely fixed
• A fixed revenue stream will reduce volatility in rate increases caused by
lower tonnage associated with increased recycling or economic downturns.
If disposal tons dropped from 890K to 500K tons by 2026, the tipping fee
would need to nearly double to generate the same amount of revenue.
The adopted restructure would:
• Add a "Fixed Annual Charge" to collect a fixed amount of revenue from
commercial -hauled tons
• Target revenue amount for the Fixed Annual Charge is based on
commercial haulers' share of non -disposal costs (e.g. Re+, regulatory
compliance, etc.)
• The share of this amount owed by each city/hauler is determined by
the share of waste they sent to the landfill
• Reduce tipping fee to make restructure revenue neutral
Halverson provided examples of the status quo rates (tipping fee only) vs
the restructure (tipping fee & fixed annual charge).
Cities are impacted:
• City/Hauler Contract Updates
- Contracts will need to be updated to incorporate the Fixed Annual
Charge as it is not currently part of the formula for charging customers
• Billing Systems
- Cities that do waste billing (instead of hauler) may need to update
their billing system
• Communications
- The new structure and related contract changes may require
educational materials be sent out to waste customers
2 Water System Update
Sean Bauer 30 MIN.
Sean Bauer, Water System Manager, provided the Water System Update
Baur reviewed water resources, including the Howard Hanson Dam additional
Water Storage Project:
• Fish Passage timeline still on track
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Page 2 of 3 Packet Pg. 20
City Council Workshop Workshop Regular August 16, 2022
Meeting Kent, Washington
Minutes
• Certified cost estimate $855M
• Project received $220M in IIJA funding
• 2022 WRDA authorizes $855M for Phase 1 & 2
• USACE currently working on design cost estimate
Baur reviewed the water system demand, water quality report, the water
treatment chemical costs increases and Per and Polyfluoroalkyl Substances.
Baur recapped projects completed since last year's update to council and
projects Public Works is currently working on.
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3 Sound Transit Federal Way Link Derek Hawkes 30 MIN.
Extension Mark Madfai 0
0
This presentation was removed from the agenda. a
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Meeting ended at 6:03 p.m.
KL*d�erley A. Ko-ww-tc-
City Clerk
Page 3 of 3 Packet Pg. 21
Date:
Time:
Place:
1.
2.
3.
KENT
WAS M IN G 7 0 N
August 16, 2022
7:00 p.m.
Chambers
CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
ROLL CALL
Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
August 16, 2022
Attendee Name Title Status
Dana Ralph Mayor Present
Bill Boyce Council President Present
Arrived
Brenda Fincher
Councilmember
Present
Satwinder Kaur
Councilmember
Present
Marli Larimer
Councilmember
Present
Toni Troutner
Councilmember
Present
Les Thomas
Councilmember
Councilmember
Present
Present
Zandria Michaud
AGENDA APPROVAL
A. I move to approve the agenda as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Councilmember Troutner recognized the Bonney Lake -Summer Little League
12U All Stars for making it to the Little League World Series.
B. Community Events
Council President Boyce provided details of upcoming events at the accesso
ShoWare Center.
Councilmember Fincher advised of the Cajun Feast that will be held on
August 20th from 3-8 p.m. in downtown Kent
Councilmember Michaue advised of the September 8th Senior Center annual
food truck event that will run from 11 - 2 p.m.
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Kent City Council City Council Regular Meeting
Minutes
August 16, 2022
Kent, Washington
Mayor Ralph advised the last Summer concert will be held at the Kent Station
on August 17th.
C. Public Safety Report
Chief Padilla presented the Public Safety Report that included the swearing in
of officers.
Chief Padilla provided information on each of the new officers and Mayor
Ralph performed the swearing -in of Officer Jonathan Silas, Officer Ryan
Armstrong, Officer Jason Stotler and Officer Tristan Thomas.
S. REPORTS FROM COUNCIL AND STAFF —
A. Mayor Ralph's Report >
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Mayor Ralph serves on the King County Flood Control District Advisory
a
committee that held their final meeting today. The Committee makes a
recommendations to the King County Council "The Board of Supervisors." �
The proposed budget includes projects on the Green River in the City of Kent. c
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B. Chief Administrative Officer's Report
N
Pat Fitzpatrick, Interim Chief Administrative Officer, advised his report is in N
today's agenda packet, there is no executive session tonight and one of the
workshop presentations tonight will be rescheduled. Fitzpatrick advised
conversations regarding the 2023-2024 budget continue. a
4-
C. Councilmembers' Reports 0
a�
Council President Boyce serves as the chair of the Operations and Public
Safety Committee and provided a recap of the agenda items. 5
Council President Boyce serves as the chair of the City Council Workshop and
provided a recap of the two presentations from today's meeting.
Council President Boyce advise the Councilmembers to hold Wednesday,
October 5t" for a special workshop to discuss the budget.
Councilmember Michaud serves on the Sound Cities Association Regional
Law, Safety and Justice Committee. The last meeting included a panel
discussion on a regional approach to the mental health crisis. Michaud gave
the committee a brief update on Kent's Community Immersion Program.
Councilmember Kaur serves on the Sound Cities Association Growth
Management Planning Council that recently met and approved the City of
Sammamish growth targets.
Councilmember Fincher serves on the Sound Cities Association King
Conservation District Advisory Committee that recently gave its annual
Page 2 of 5 Packet Pg. 23
Kent City Council City Council Regular Meeting
Minutes
August 16, 2022
Kent, Washington
presentation to the King County Council. Fincher indicated the food system
grants are open - visit KingCD.org visit for information.
Councilmember Fincher serves on the Sound Cities Association Mental Illness
and Drug Dependency Oversight Committee King County that recently
reviewed previous workshops on mental health and how they relate to race
and equity.
Councilmember Fincher serves on Kent's Arts Commission and provided
information on artist Chris Jordan and his work on an art piece for the
Federal Way Link Extension.
Councilmember Fincher serves as the Chair of the Public Works Committee o
and provided a recap of the agenda items from the August 15t" meeting.
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Councilmember Thomas serves on the Puget Sound Regional Fire Authority a
Governance Board that will meet August 17th @ 5:30 at station 78 in
Covington 2
6. PUBLIC HEARING
A. Ordinance for Alleyway Vacation in Bridges Ave./Railroad Ave.
Neighborhood - Adopt
Mayor Ralph provided a brief overview of the public hearing process and
opened the public hearing.
Chad Bieren, Public Works Director, gave the staff presentation.
Kim Nelson, a Kent resident, spoke in support of the Resolution and
submitted photos for the record.
Chris Cozza, a Kent resident and business owner, spoke in support of the
Resolution.
Amita Singh, a Kent resident, spoke in support of the Resolution.
Councilmember Boyce moved to admit the email from Don Johnson in
support of the Resolution into the record, seconded by
Councilmember Thomas, the motion passed unanimously 7-0.
Councilmember Boyce moved to close the public hearing, seconded
by Councilmember Thomas, the motion passed unanimously 7-0.
Mayor Ralph expressed appreciation of the Council taking tangible steps in
adopting this ordinance, prior street vacation ordinances and the ordinances
presented during today's Operation and Public Safety Committee to help Kent
Page 3 of 5 Packet Pg. 24
Kent City Council City Council Regular Meeting
Minutes
August 16, 2022
Kent, Washington
become a safe place.
MOTION: Adopt Ordinance No. 4438, vacating a portion of
right-of-way between Bridges Avenue South to the west and
Central Avenue South to the east, and East Willis Street to the
north and East Russell Street to the south and reserving an
easement.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
7. PUBLIC COMMENT
Van Hurst, a Kent resident requested the Council stop subsidizing the
ShoWare Center until the Seattle Thunderbirds are rebranded to the Kent
Thunderbirds.
Elijah Wiggans, a Kent resident, provided public comment and requested the
City install a pedestrian crossing at Central Avenue south and 266t" Street.
S. CONSENT CALENDAR
I move to approve Consent Calendar items A - D.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVED [UNANIMOUS]
Bill Boyce, Council President
Les Thomas, Councilmember
Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
A. Approval of Minutes
City Council Meeting - City Council Regular Meeting - Aug 2, 2022 5:00 PM
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 7/31/22 and paid on 7/31/22 and approve the checks
issued for payroll 7/16/22 - 7/31/22 and paid on 8/5/22, all
audited by the Operations and Public Safety Committee on
8/3/22.
C. U.S. Geological Survey Joint Funding Agreement for Fiscal Year
2023 - Authorize
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Page 4 of 5 Packet Pg. 25
Kent City Council City Council Regular Meeting
Minutes
August 16, 2022
Kent, Washington
MOTION: I move to authorize the Mayor to sign the Joint
Funding Agreement for Water Resource Investigations between
the City of Kent and the U.S. Geological Survey, in the amount
of $121,078 subject to final terms and conditions acceptable to
the Public Works Director and City Attorney.
D. ARPA Grant Recipient Agreement with Project Feast - Authorize
MOTION: I move to authorize the Mayor sign an ARPA Grant
Agreement with Project Feast, in an amount not to exceed
$160,836, subject to final terms acceptable to the Economic
and Community Development Director and City Attorney.
9. OTHER BUSINESS —
None.
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10. BIDS Q
None. r.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 7:59 p.m.
Ki*t��ley A. Kom&to-
City Clerk
Page 5 of 5 Packet Pg. 26
8.B
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills received through
8/15/22 and paid on 8/15/22 and authorize the checks issued for payroll
8/1/22-8/15/22 and paid on 8/19/22, all audited by the Operations and
Public Safety Committee on 8/16/22.
SUMMARY:
Approval of payment of the bills received through: 08/15/22
and paid 08/15/22
Approval of checks issued for Vouchers:
Date
Document Numbers
Amount
08/15/22
Wire Transfers 9320
9347
$4,430,292.85
08/15/22
Regular Checks 763321
763622
$4,763,646.20
08/15/22
Payment Plus 104400
104436
$144,177.47
Void Checks
$0.00
Void Payment Plus
($1,272.06)
08/15/22
Use Tax Payable
$10,673.50
Total Accounts Payable:
$9,347,517.96
Approval of
checks issued for Payroll:
08/01/22-08/15122
and paid
08/19/22
Date
Document Numbers
Amount
08/19/22
Checks
$2,167,102.83
Voids and Reissues
$0.00
08/19/22
Advices FR&P 463421
463428
$5,931.10
Total Payroll:
$2,173,033.93
BUDGET IMPACT: None.
08/16/22 Operations and Public Safety Committee MOTION
PASSES
Packet Pg. 27
8.B
RESULT:
MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER:
Les Thomas, Councilmember
SECONDER:
Toni Troutner, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 28
8.0
KENT
, i n N .L I G N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments between April 1, 2022 and June 30, 2022 -
Adopt
MOTION: I move to adopt Ordinance No. 4439, consolidating budget
adjustments made between April 1, 2022 and June 30, 2022, reflecting an
overall budget increase of $16,463,769.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $16,463,769.
Adjustments totaling $11,159,990 have previously been approved by Council and
are summarized as follows:
$11,059,990 in grants as follows:
$6,415,680 in Puget Sound Regional Council grants for the South
218t"/98t" project ($4.9m) from 94t" Place South to South 2161" Street
and South 2121" Preservation Green River Bridget to Orillia Road/City
limits project ($1.5m).
$3,226,880 Department of Ecology Grant for the Downy Farmstead
project for side channel restorations.
$1,163,590 Department of Transportation Grant to create rectangular
rapid flashing beacons as part of the 2021-23 Pedestrian & Bicycle Safety
Program.
$149,900 Transportation Alternatives Program Grant for the Meeker
Street -Kent Elementary project.
$103,940 in public safety grants including a 2021 Justice Assistance Grant
($45k), 2021-22 Walker -Roller Grant ($28k), Washington Office of Public
Defense Grant ($25k) and 2022 Police Department Mini -Grant ($5k).
$100,000 in Parks Department carryforward budgets that were previously
authorized in 2020.
The remaining adjustments totaling $5,303,779 have not been previously approved
by Council. Highlights include:
$2,350,000 for the transfer ($1.175m) and use ($1.175m) of Street Sign
Replacement fund balance for the 240t" Hogan Park Sidewalks and Reith
Road Roundabout projects.
Packet Pg. 29
8.0
$1,520,000 for a settlement agreement.
$1,107,510 correction to the 2016 Limited Tax General Obligation
Refunding debt service budget.
$230,000 transfer of the Public, Educational, and Government Fees
project from the Information Technology Capital Project Fund to the Other
Capital Project Fund.
$195,000 reallocation of Residential Street funds to the 2022 Contracted
Overlays project.
$20,410 use of Business and Occupation Sidewalk funds for the Titus Park
Sidewalks project.
$(119,141) in reductions due to Liability Insurance Adjustments ($110k)
and Community Development Block Grant true -ups ($8k).
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 4439 - Q2 2022 Budget Adjustment Ordinance Supp (PDF)
08/16/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER:
Les Thomas, Councilmember
SECONDER:
Toni Troutner, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 30
8.C.a
ORDINANCE NO. 4439
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
April 1, 2022 and June 30, 2022, reflecting an
overall budget increase of $16,463,769.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the City's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance
amending the original adopted budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Budget Adjustments. The 2021-2022 biennial budget
is amended to include budget fund adjustments for the second quarter of
2022 from April 1, 2022 to June 30, 2022, as summarized and set forth in
Exhibit A, which is attached and incorporated into this ordinance. Except as
1 2021-2022 Budget Adjustment
Second Quarter 2022
Packet Pg. 31
8.C.a
amended by this ordinance, all terms and provisions of the 2021-2022
biennial budget Ordinance No. 4381, as amended by Ordinance Nos. 4404,
4411, 4413, 4419, 4421 and 4429, shall remain unchanged.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force five days after publication, as provided by law.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
September 6, 2022
Date Approved
September 6, 2022
Date Adopted
September 9, 2022
Date Published
2 2021-2022 Budget Adjustment
Second Quarter 2022
Packet Pg. 32
8.C.a
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments April 1, 2022 to June 30, 2022
Fund Title
Previously
Approval
Total
Adjustment
Approved
Requested
Ordinance
General Fund
125,250
1,329,650
1,454,900
Settlement Agreement
-
1,637,090
1,637,090
Criminal Justice Fund
78,690
(580)
78,110
Housing & Community Development Fund
-
(8,371)
(8,371)
Non -Voted Debt Service Fund
-
1,107,510
1,107,510
Street Capital Projects
7,729,170
1,339,660
9,068,830
Parks Capital Projects
-
20,410
20,410
Other Capital Projects
-
192,040
192,040
Facilities Capital Projects
-
(302,040)
(302,040)
Water Operating Fund
-
19,130
19,130
Sewerage Operating Fund
-
11,790
11,790
Drainage Operating Fund
3,226,880
(64,540)
3,162,340
Golf Operating Fund
-
4,590
4,590
Fleet Services Fund
-
1,630
1,630
Central Services Fund
-
440
440
Facilities Management Fund
-
15,370
15,370
Total
11,159,990
5,303,779
16,463,769
Packet Pg. 33
8.C.a
Budget Adjustment Detail for Budget Changes
April 1, 2022 to June 30, 2022
General Fund
Parks 2020 Carryforward
Settlement Agreement
WA Office of Public Defense Grant
Liability Insurance Adjustment
Total General Fund
Street Fund
Liability Insurance Adjustment
Transfer B&O Sidewalk funds for Titus Park Sidewalks Project
Reduce B&O Sidewalk budget to transfer to Parks Capital
Reallocate Unallocated B&O Funds
Reduce Residential Streets to transfer to 2022 Contracted Overlays
Transfer Residential Streets to 2022 Contracted Overlays
Reallocate B&O Lifecycle for 2022 Contracted Overlays
Transfer of Street Sign Replacement Fund Balance for Projects
Total Street Fund
Criminal Justice Fund
Liability Insurance Adjustment
2021-2022 Walker -Roller Grant
2022 PD Mini -Grant
2021 JAG Funding
Total Criminal Justice Fund
Housing & Community Development Fund
True up CDGB Funds
Total Housing & Community Development Fund
Non -Voted Debt Service Fund
Correct 2016 LTGO Refunding
Total Non -Voted Debt Service Fund
Approval Previously Not Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
2020
100,000
100,000
1,520,000
1,520,000
KCC 3.70
25,250
25,250
(190,350)
(190,350)
125,250
1,329,650
1,454,900
11,750
11,750
20,410
20,410
3200
(20,410)
(20,410)
3100
640,340
640,340
(195,000)
(195,000)
3100
195,000
195,000
3100
(190,000)
(190,000)
3100
1,175,000
1,175,000
-
1,637,090
1,637,090
(580)
(580)
KCC 3.70
28,200
28,200
KCC 3.70
4,970
4,970
KCC 3.70
45,520
45,520
78,690
(580)
78,110
(8,371) (8,371)
(8,371) (8,371)
1,107,510 1,107,510
1,107, 510 1,107, 510
Street Capital Projects
TAP Grant for Meeker Street -Kent Elementary Project
5/17/2022
149,900
149,900
DOT Grant for 21-23 Ped/Bicycle Safety Program
8/17/2021
1,163,590
1,163,590
PSRC Grant for South 218th/98th Project
6/22/2021
4,915,680
4,915,680
PSRC Grant for South 212th Preservation GRB
5/17/2022
1,500,000
1,500,000
Reallocate Unallocated B&O Funds
1100
(640,340)
(640,340)
Reallocate Drainage Funds to 2022 Contracted Overlays
4400
80,000
80,000
Reallocate Meeker Funds to MMOM 64th Avenue Project
3300
340,000
340,000
Reallocate B&O Lifecycle Funds for 2022 Contracted Overlays
1100
190,000
190,000
Reallocate Residential Streets Funds for 2022 Contracted Overlays
1100
195,000
195,000
Use of Street Sign Replacement Fund Balance for Projects
1100
1,175,000
1,175,000
Total Street Capital Projects Fund
7,729,170
1,339,660
9,068,830
Parks Capital Projects
Use of Streets B&O Sidewalk funds for Titus Park Sidewalks Project
1100
20,410
20,410
Total Parks Capital Projects
-
20,410
20,410
Other Capital Projects
Move Printshop Upgrade Project from Facilities to Other Capital
3500
302,040
302,040
Move PEG Fees from IT Project to Other Capital
3400
230,000
230,000
Reallocate Meeker Funds to MMOM 64th Avenue Project
3100
(340,000)
(340,000)
Total Other Capital Projects Fund
-
192,040
192,040
Technology Capital Projects
Reduce budgeted PEG expenses to transfer to other capital
3300
(230,000)
(230,000)
Transfer PEG funds to other capital
3300
230,000
230,000
Total Technology Capital Projects Fund
-
-
-
Facilities Capital Projects
Move Printshop Upgrade Project from Facilities to Other Capital
3300
(302,040)
(302,040)
Total Facilities Capital Projects
-
(302,040)
(302,040)
Water Operating Fund
Liability Insurance Adjustment
Total Water Operating Fund
19,130 19,130
19,130
Packet Pg. 34
8.C.a
Budget Adjustment Detail for Budget Changes
April 1, 2022 to June 30, 2022
Approval Previously Not Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
Sewerage Operating Fund
Liability Insurance Adjustment
Total Sewerage Operating Fund
Drainage Operating Fund
Liability Insurance Adjustment
DOE Grant for Downy Farmstead
Reallocate Drainage Funds to 2022 Contracted Overlays
Total Drainage Operating Fund
Golf Operating Fund
Liability Insurance Adjustment
Total Golf Operating Fund
Fleet Services Fund
Liability Insurance Adjustment
Total Fleet Services Fund
Central Services Fund
Liability Insurance Adjustment
Total Central Services Fund
Facilities Management Fund
Liability Insurance Adjustment
Total Facilities Management Fund
Grand Total All Funds
11,790 11,790
11,790 11,790
15,460
15,460
1/18/2022 3,226,880
3,226,880
(80,000)
(80,000)
3,226,880 (64,540)
3,162,340
4,590
4,590
- 4,590
4,590
1,630
1,630
- 1,630
1,630
440
440
- 440
440
15,370
15,370
- 15,370
15,370
11,159,990 5,303,779
16,463,769
Packet Pg. 35
8.D
KENT
, i n N .L I G N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Redesignate Remaining ARPA Flex Fund Allocation for
Commercial Affordability Projects: City Allocation -
Authorize
MOTION: I move to authorize the redesignation of the remaining FlexFund
American Rescue Plan Act allocation in the amount of $1.1 million for
commercial affordability projects and work with Community Development
Financial Institution partners to support Black, Indigenous, and people of
color businesses and developers in Kent.
SUMMARY: A number of notable changes have taken place since the City allocated
$2.75 million of American Rescue Plan Act (ARPA) funding to the FlexFund in 2021.
These changes mean that more capital and assistance for Kent businesses will be
made available in coming years. Among other efforts:
• The state legislature put in place several new programs for small business
supports with their own ARPA funds.
• The state FlexFund, and state plans for "FlexFund 2.0" mean more capital for
Kent businesses will be made available in coming years.
• $10 billion nationally in new federal financial support from the "State Small
Business Credit Initiative" will benefit Community Development Financial
Institutions (CDFIs) working in Washington state.
• The Department of Commerce announced a $34.5 million "Small Business
Innovation Fund" to support new ideas for Black, Indigenous, and people of
color (BIPOC) business programs that have potential to advance initiatives in
King County and Kent particularly.
Access to capital remains an impediment for BIPOC business owners and
developers, particularly in the upfront phases of tenant improvement and
predevelopment costs. Because partnership with community development financial
institutions (CDFIs) remains a best practice' to counter wealth equity gaps,
Economic Community Development staff recommends transferring $1.1 million from
the Council's original $2.75 million Flex Fund to other projects administered by
CDFIs that focus upon improving local "commercial affordability" issues separate
Packet Pg. 36
8.D
from on -going lending programs.
An earlier commercial (un)affordability presentation to Council referenced possible
strategies to address this challenge including investments in BIPOC entrepreneur
capital funds, technical assistance for permitting, land use approvals, and tenant
improvements. The challenges for non -profits and local businesses to afford
commercial real estate improvements in Kent's downtown business district have
been presented and shared with Council. The special challenges faced by BIPOC
entrepreneurs scaling their food industry businesses facing the challenges of scarce
and unaffordable commercial kitchen space has also been presented to ECDC and
Council. Commercial affordability investment strategies could complement and help
to address these particular problems.
This redesignation does not authorize the signing of any contracts. Any contracts
entered into that spend these funds will be processed in accordance with the
authority and approvals required by Ch. 3.70 KCC.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
08/16/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER:
Toni Troutner, Councilmember
SECONDER:
Zandria Michaud, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 37
8.E
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Ordinance Restricting the Sale of Aerosol Paint Containers
- Adopt
MOTION: I move to adopt Ordinance No. 4440, that amends Chapter 9.02
of the Kent City Code to make housekeeping revisions to KCC 9.02.660
related to the crime of possessing graffiti tools and to enact new code
sections that restrict public access to aerosol paint containers and prohibit
sales of those paint containers to minors.
SUMMARY:
Graffiti is becoming an increasing problem in Kent and adjacent cities, which causes
community members significant costs in time and materials to remove. Cities
across the United States spend a combined $12 billion dollars cleaning up graffiti
each year, with the majority of offenders being males between the ages of 12 and
19.1 In 2021, the City's Public Works Department had 268 complaints of graffiti to
remove from public facilities.
It is often difficult for law enforcement to arrest graffiti offenders because they
commit their crimes at night, and if a community member calls 911 to report
graffiti in progress, the offender is often gone by the time law enforcement can
respond. Since 2008, the Kent Police Department has taken 700 cases involving
complaints of graffiti. Of those cases, officers were only able to establish probable
cause and arrest 14 individuals on graffiti- related charges, 7 of whom were
juveniles.
In an effort to help curb graffiti, the proposed ordinance would limit a minor's
access to spray paint by requiring businesses to verify that any purchaser is over
18 years of age. Additionally, the ordinance would limit the general public's access
to spray paint by requiring employee assistance before access is obtained.
Considering the business practices that will be impacted if this ordinance is
adopted, enforcement would not occur until 6 months after the ordinance takes
effect.
1 www.statisticsdatabase.com/facts/graffiti-statistics-united-states/
Packet Pg. 38
8.E
Finally, the ordinance revises KCC 9.02.660 to make housekeeping revisions for
clarity and to refer the public to existing provisions under state law that provide a
civil right of action to owners damaged by graffiti: (i) against the parents of
juvenile offenders; and (ii) against adults who commit street gang tagging and
graffiti.
One slight revision was made since this ordinance was presented to Council at its
Operations and Public Safety Committee meeting on August 16, 2022. That change
specifically added the date of April 5, 2023, as the date 180 days after the
ordinance takes effect, if passed by Council at its meeting on September 6, 2022,
and when it will be in full force and effect. This date has been highlighted in the
ordinance for ease of Council's reference.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Ordinance 4440 - Graffiti and Minors (PDF)
08/16/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 39
8.E.a
ORDINANCE NO. 4440
AN ORDINANCE of the City Council of the
City of Kent, Washington, addressing graffiti- related
crimes by amending Kent City Code section
9.02.660 related to the unlawful possession of
graffiti tools to incorporate housekeeping revisions,
and adopting new Kent City Code Sections 9.02.662
and 9.02.664, limiting the sale of aerosol paint
containers to persons over the age of 18 years,
requiring businesses to restrict public access to
aerosol paint containers, and requiring businesses to
post signs informing customers of the age
requirement to purchase aerosol paint containers.
RECITALS
A. Graffiti is becoming an increasing problem in Kent and adjacent
cities, which causes community members significant costs in time and
materials to remove. Even when graffiti is removed, it returns shortly
thereafter. In 2021, the City's Public Works Department had 268 complaints
of graffiti to remove from public facilities.
B. It is often difficult for law enforcement to arrest graffiti
offenders because they commit their crimes at night, and if a community
member calls 911 to report graffiti in progress, the offender is often gone
by the time law enforcement can respond. Since 2008, the Kent Police
Department has taken 700 cases involving complaints of graffiti. Of those
cases, officers were only able to establish probable cause and arrest 14
individuals on those charges, seven of whom were juveniles.
1 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
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8.E.a
C. In an effort to help curb graffiti, this ordinance will limit a
minor's access to aerosol paint containers by requiring businesses to verify
that any purchaser of an aerosol paint container is over 18 years of age.
Additionally, the ordinance will limit the general public's access to aerosol
paint containers by requiring employee assistance before access is obtained.
Considering the business practices that will be impacted by implementation
of this ordinance, enforcement of the provision limiting public access to
aerosol paint containers will not occur until April 5, 2023, which is at least
180 days after the date the ordinance takes effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.02.660. Section 9.02.660 of the
Kent City Code entitled "Possession of graffiti tools", is amended as follows:
Sec. 9.02.660. Possession of graffiti tools.
A. It shall be unlawful for any person to possess graffiti tools.
B. A person possesses graffiti tools when they possess any paint,
marking pen, glass -cutting tool, glass -etching tool, materials, instruments,
or any other item adapted, designed, or commonly used to
or facilitating the commission of an offense involving damagg+n-g, deface ,
or destroying PUbliE eF pFivate property, and they possess the item under
circumstances evincing an intent to use or employ the item, or an intent to
allow the same to be used or employed by another, to damage, deface, or
destroy any public or private building or other structure or any real or
personal property owned by any other person without the written
permission of the owner or operator of the pro pertyJn 1u-4 ^&-remission of
sueh an offense, eF undeF EiFEWnstane . . an intent that some e
2 Amend KCC 9.02 Re: Graffiti and
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8.E.a
C. Deface+ftg as used in subsection (B) of this section shall include, but
not be limited to, the writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of any inscription, figure, or mark of any type
upon any wall or surface owned, operated, or maintained by any property
owner or the city unless the city or the property owner grants written
permission for the such writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of such inscription, figure, or mark.
D. The unlawful possession of graffiti tools is a misdemeanor. In
addition, any property owner whose property has been damaged by graffiti
may be entitled to seek the recovery of civil damages in accordance with
RCW 4.24.190 and RCW 4.24.330, as currently enacted or hereafter
amended.
SECTION 2. - Amendment - New KCC 9.02.662. Chapter 9.02 of the
Kent City Code, entitled "Criminal Code", is amended to add a new Section
9.02.662 entitled "Sale of aerosol paint container to minor prohibited —
Penalty," as follows:
Sec. 9.02.662. Sale of aerosol paint container to minor
prohibited- Penalty.
A. It is unlawful for any person, firm, business, or corporation to sell to
another person who is in fact under the age of 18 years, any aerosol
container of paint without first obtaining bona fide evidence of the person's
identity and age of majority.
B. For purposes of this section, "bona fide evidence of identity and age
of majority" is any document showing the age and identity of an individual
3 Amend KCC 9.02 Re: Graffiti and
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8.E.a
which has been issued by a federal, state, or local government entity and
includes without limitation a motor vehicle operator's license or an
identification card issued by the State Department of Licensing.
C. Every person who owns, conducts, operates, or manages a retail
commercial establishment selling aerosol paint containers shall post a sign
at each cash register or place where such aerosol paint containers are
displayed stating that such items will not be sold to anyone under 18 years
of age.
D. The sale of an aerosol container of paint to a minor in violation of this
section is punishable as a civil infraction as set forth in RCW 7.80.120, as
currently enacted or hereafter amended or recodified, as follows:
1. First violation - class 3 civil infraction;
2. Second violation - class 2 civil infraction; and
3. Third and subsequent violations - class 1 civil infraction.
SECTION 3. - Amendment - New KCC 9.02.664. Chapter 9.02 of the
Kent City Code, entitled "Criminal Code", is amended to add a new Section
9.02.664 entitled "Sale of aerosol paint containers —Restricted access
required," as follows:
Sec. 9.02.664. Sale of aerosol paint containers —Restricted
access required.
A. Restricted access required. Beginning April 5, 2023, it shall be
unlawful for any person who owns, conducts, operates, or manages a retail
commercial establishment where aerosol containers of paint are sold to
store or display, or cause to be stored or displayed, aerosol containers of
paint in an area that is accessible to the public without employee assistance
in the regular course of business pending legal sale or other disposition. By
way of example, compliance with this section may occur through placement
4 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
Packet Pg. 43
8.E.a
of aerosol containers of paint behind a service counter, within a locked
display case, or within such other areas where access is restricted to the
establishment's employees.
B. Visual displays allowed if possession restricted. Nothing herein shall
preclude the storage or display of aerosol paint containers in an area
viewable by the public so long as such items are not accessible to the public
without employee assistance.
C. Violations. Violations of this section shall be punished as a civil
infraction as set forth in RCW 7.80.120, as currently enacted or hereafter
amended or recodified, as follows:
1. First violation - class 3 civil infraction;
2. Second violation - class 2 civil infraction; and
3. Third and subsequent violations - class 1 civil infraction.
Additionally, compliance with and enforcement of the restrictions
provided for herein may be pursued through civil code enforcement efforts
as provided for under Chapter 1.04 KCC.
SECTION 4. - Adoptions by Reference. A true and correct copy of
RCWs 4.24.190 and 4.24.330, adopted and incorporated by reference in
Section 1 of this ordinance; and RCW 7.80.120, adopted and incorporated
by reference in Sections 2 and 3 of this ordinance; are attached as Exhibit
A.
SECTION 5. - 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.
5 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
Packet Pg. 44
8.E.a
SECTION 6. - 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 7. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
September 6, 2022
DANA RALPH, MAYOR Date Approved
ATTEST:
September 6, 2022
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 9, 2022
Date Published
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
6 Amend KCC 9.02 Re: Graffiti and
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Packet Pg. 45
8.E.a
EXHIBIT A
RCW 4.24.190 Action against parent for willful injury to person
or property by minor--4Konetary limitation —Common lax liability
preserved. The parent or parents of any minor child under the age of
eighteen years who is living with the parent or parents and who shall
willfully or maliciously destroy or deface property, real or personal
or mixed, or who shall willfully and maliciously inflict personal
injury on another person, shall be liable to the owner of such
property or to the person injured in a civil action at law for damages
in an amount not to exceed five thousand dollars. This section shall
in no way limit the amount of recovery against the parent or parents
for their own common law negligence. [1996 c 35 § 2; 1992 c 205 §
116; 1977 ex.s. C 145 § 1; 1967 ex.s. c 46 § 1; 1961 G 99 § 1.1
Part headings not law—Severability-1992 c 205, See notes
following RCW 13.40.010.
RCW 4.24.330 Action for damages caused by criminal street gang
tagging and graffiti. (1) An adult or emancipated minor who commits
criminal street gang tagging and graffiti under RCW 9A,48.105 by
causing physical damage to the property of another is liable in
addition to actual damages, for a penalty to the owner in the amount
of the value of the damaged property nut to exceed one thousand
dollars, plus an additional penalty of not less than one hundred
dollars nor more than two hundred dollars, plus all reasonable
attorneys' fees and court costs expended by the owner,
(2) A Conviction for violation of RCW 9A.48,105 is not a
condition precedent to maintenance of a civil action authorized by
this section.
(3) An owner demanding payment of a penalty under subsection (1)
of this section shall give written notice to the person or persons
from whom the penalty is sought. [2008 c 276 § 307.1
$averability—Part headings, subheadings not 1aw--2008 c 27G: See
notes following RCW 36.28A,20D.
Amend KCC 9.02 Re: Graffiti and
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8.E.a
RCW 7.80.120 Monetary penalties —Restitution. (1) A person
found to have committed a civil infraction shall be assessed a
monetary penalty.
(a) The maximum penalty and the default amount for a class 1
civil infraction shall be $250, not including statutory assessments,
except for an infraction of state law involving (i) potentially
dangerous litter as specified in RCW 70A.240.060(4) or violent video
or computer games under RCW 9.91.180, in which case the maximum
penalty and default amount is $500; or (ii) a person's refusal to
submit to a test or tests pursuant to RCW 79A.60.040 and 79A.64.700,
in which case the maximum penalty and default amount is $1,000; or
(iii) the misrepresentation of service animals under RCW 49.60.214, in
which case the maximum penalty and default amount is $500; or (iv)
untraceable firearms pursuant to RCW 9,41,326 or unfinished frames or
receivers pursuant to RCW 9.41.327, in which case the maximum penalty
and default amount is $500;
(b) The maximum penalty and the default amount for a class 2
civil infraction shall be $125, not including statutory assessments;
(c) The maximum penalty and the default amount for a class 3
civil infraction shall be $50, not including statutory assessments;
and
(d) The maximum penalty and the default amount for a class 4
civil infraction shall be $25, not including statutory assessments.
(2) The supreme court shall prescribe by rule the conditions
under which local courts may exercise discretion in assessing fines
for civil infractions.
(3) Whenever a monetary penalty is imposed by a court under this
chapter it is immediately payable. If the person is unable to pay at
that time the court may grant an extension of the period in which the
penalty may be paid. If the penalty is not paid on or before the time
established for payment, the court may proceed to collect the penalty
in the same manner as other civil judgments and may notify the
prosecuting authority of the failure to pay.
(4) The court may also order a person found to have committed a
civil infraction to make restitution. [2022 c 105 § 1; 2021 c 65 § 8;
2018 c 176 § 5; 2013 c 278 § 3. Prior: 2003 c 365 § 3; 2003 c 337 § 4;
1997 c 159 § 2; 1987 c 456 § 20.1
Effective date 2022 c 105- "This act takes effect July 1, 2022.°
[2022 c 105 V.]
Explanatory statement-2021 c 65: See note following RCW
53.54.030.
Doc lara*iar—Finding—Purpamo—Effective date-2018 c 176: $ee
notes following RCW 49.60.215.
Findings-2003 c 365: See note following RCW 9.91.180.
Findings-2003 c 337: See note following RCW 70A.204.060.
8 Amend KCC 9.02 Re: Graffiti and
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8.F
KENT
, i n N .L I G N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Ordinance Prohibiting Solicitation of Occupants of Vehicles
- Adopt
MOTION: I move to adopt Ordinance No. 4441 adding Section 9.02.645 to
the Kent City Code that prohibits any person from entering or remaining on
an arterial roadway or median with the intent to conduct a solicitation of
the occupant of any vehicle traveling on or stopped on the arterial
roadway.
SUMMARY: At many locations throughout the City, solicitors enter public roadways
and medians to make their requests and to accept their solicitations from the
motoring public.
The City has a fundamental interest in maintaining traffic flow and safety, and
pedestrian solicitation from vehicle occupants disrupts traffic flow, poses public
safety risks, and has harmful secondary effects. Motor vehicle drivers approached
by pedestrians may become distracted, may stop suddenly, or may linger at traffic
control devices thereby posing a significant risk of physical injury to themselves,
other motorists, and pedestrians.
The distraction of motorists occasioned by solicitation not only threatens to impede
the orderly flow of traffic, but also raises serious concerns of traffic and public
safety. The proposed ordinance would make it unlawful for any person to enter or
remain on an arterial roadway or a median in the City with the intent to conduct a
solicitation directed to, or intended to, attract the attention of the occupant of any
vehicle traveling on or stopped on the arterial roadway. Violation of the prohibition
would be punishable as a misdemeanor.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
Packet Pg. 48
8.F
1. Ordinance 4441 - Solicitors on Roadway (PDF)
08/16/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 49
8.F.a
ORDINANCE NO. 4441
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code to add a new Section 9.02.645,
entitled "Solicitation of occupants of vehicles on
public roadways", making it unlawful for any person
to enter or remain on an arterial roadway or a
median with the intent to conduct a solicitation of
the occupant of any vehicle traveling on or stopped
on the arterial roadway.
RECITALS
A. At many locations throughout the City, solicitors enter public
roadways and medians to make their requests and to accept their
solicitations from the motoring public.
B. The City has a fundamental interest in maintaining traffic flow
and safety, and pedestrian solicitation from vehicle occupants disrupts traffic
flow, poses public safety risks, and has harmful secondary effects. Motor
vehicle drivers approached by pedestrians may become distracted, may stop
suddenly, or may linger at traffic control devices thereby posing a significant
risk of physical injury to themselves, other motorists, and pedestrians.
C. The distraction of motorists occasioned by solicitation not only
threatens to impede the orderly flow of traffic, but also raises serious
concerns of traffic and public safety. The City Council seeks to promote the
1 Amend KCC 9.02 Re: Solicitation of
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8.F.a
City's interest in traffic flow and safety by implementing regulations on
solicitations in public places that are applicable to all people within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.02.645. Chapter 9.02 of the Kent
City Code is amended to add a new Section 9.02.645, entitled "Unlawful
solicitation of occupants of vehicles on public roadways", as follows:
Sec. 9.02.645. Solicitation of occupants of vehicles on public
roadways. It is unlawful for any person to enter or remain on an arterial
roadway or a median in the city with the intent to conduct a solicitation
directed to, or intended to, attract the attention of the occupant of any
vehicle traveling on or stopped on the arterial roadway. An offense occurs
when the solicitation is made, whether or not an actual employment
relationship is created, a transaction is completed, or an exchange of
money, goods, or services takes place.
A. Exempted conduct. The following conduct is exempt from the
prohibition in this section:
1. Summoning aid or requesting assistance in an emergency
situation;
2. Engaging in the performance of official duties, including those
performed by law enforcement officers, firefighters, emergency workers,
public works employees, or certified flaggers and construction workers; or
3. Engaging transportation licensed for hire (e.g., a taxi, shuttle,
or bus).
2 Amend KCC 9.02 Re: Solicitation of
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8.F.a
B. Definitions. For purposes of this section, the following terms or words
shall be interpreted as follows:
1. "Arterial roadway" means a public roadway with a marked or
painted yellow centerline.
2. 'Enter" means to cross the vertical plane of the edge of an
arterial roadway. It includes crossing the vertical plane by any part of a
person's body or any extension thereof.
3. "Goods" means real property, as well as tangible and intangible
personal property.
4. "Median" means the portion of an arterial roadway separating
the traveled ways for traffic in opposite directions.
5. "Services" means any work done for the benefit of another
person.
6. "Solicit" and all derivative forms of "solicit" means to request,
petition, or seek something from another person, or persons, or business or
businesses, by words, physical gestures, or written or symbolic signs or
displays in a public place.
7. "Vehicle" has the meaning given that term in RCW 46.04.670,
as currently adopted or as it may be amended in the future.
C. Penalty. A violation of or failure to comply with this section is a
misdemeanor.
SECTION 2. - Adoptions by Reference. A true and correct copy of
RCW 46.04.670, adopted and incorporated by reference in Section 1 of this
ordinance, is attached as Exhibit A.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
3 Amend KCC 9.02 Re: Solicitation of
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8.F.a
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
ATTEST:
September 6, 2022
Date Approved
September 6, 2022
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 9, 2022
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
Date Published
4 Amend KCC 9.02 Re: Solicitation of
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8.F.a
Exhibit A
RCW 46.04.670 Vehicle {as amended by 2019 c 1701. "Vehicle"'
includes every device capable of being moved upon a public highway and
in, upon, or by which any persons or property is or may be transported
or drawn upon a public highway, including bicycles. "Vehicle" does not
include power wheelchairs or devices other than bicycles moved by
human or animal power or used exclusively upon stationary rails or
tracks. Mopeds are not considered vehicles or motor vehicles for the
purposes of chapter 46,70 RCW. Bicycles and motorized foot scooters
are not considered vehicles for the purposes of chapter 46.12, 46.16A,
or 46.70 RCW or RCW 82.12.045. Electric personal assistive mobility
devices and motorized foot scooters are not considered vehicles or
motor vehicles for the purposes of chapter 46.12, 46.16A, 46.29,
46.37, or 46.70 RCW. A golf cart is not considered a vehicle, except
for the purposes of chapter 46.61 RCW. [2019 c 170 § 2; 2011 c 171 §
19. Prior: 2010 c 217 § 2; 2010 c 161 § 155; 2003 c 141 § 6; 2002 c
247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4; 1961 0
12 § 46.04.670; prior: 1959 c 49 § 72; prior: (i) 1943 c 153 § 1,
part; 1937 c 186 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RR$ § 6360-1, part; 1925 c 160 § 1, part; 1527 c 309
§ 2, part; RRS § 6362-2, part.]
RCK 46.04. 670 Vehicle (as amended by 2019 a 224) . (1) "Vehicle"
{(inezl des - Lcy)) means a device capable of being moved upon a public
highway and in, upon, or by which any persons or property is or may be
transported or drawn upon a public highway((, inn -"'-"a home _ es) ) ,
"vehicle" ((demos elide)) excludes:
(a) A power wheelchair((-5)) or device((-5)) other than a
bicycle((-5)) moved by human or animal power or used exclusively upon
stationary rails or tracks (( . MepedsaL�e Hat eens ; ` eLc '' eh; "'
Meter am' e e s) ) i
(b) A moped, for the purposes of chapter 46.70 RCW(( es
atee met eensideEedehie,,.�)}
i
(c) A bicycle, for the purposes of chapter 46,12, 46.16A, or
46.70 RCW_, or for RCW 82.12.045((-));
(d) An electric personal assistive mobility device((s are net
eensldeEe4 vei lales er Eng,eE)}_, for the purposes of chapter
46.12, 46.16A, 46.29, 46.37, or 46.70 RCW((-)),
(e)_ A golf cart ((i5 not eQnsidered a vehiele)) , except for the
purposes of chapter 46.61 RCW; and
(f) A personal delivery device as defined in RCW 46.75.010,
except for the purposes of chapter 46.61 RCW. [2019 c 214 § 7; 2011 c
171 § 19, Prior: 2010 c 217 § 2; 2010 c 161 § 155; 2003 c 141 § 6;
2002 c 247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4;
1961 c 12 § 46.04.6707 prior: 1959 c 49 § 72; prior: (i) 1943 c 153 §
1, part; 1937 c 1B8 § 1, part; Rem. Supp. 1943 § 6312-1, part. {ii)
1937 c 189 § 1, part; RR$ § 6360-1, part; 1925 c 180 § 1, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
Revlxer"2p notes RCW 46.04.670 was amended twice during the 2019
legislative session, each without reference to the other, For rule of
construction concerning sections amended more than once during the
same legislative session, see RCW 1.12.025.
Effective date-2019 c 214: See note following RCW 46.75.010.
5 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
Packet Pg. 54
8.F.a
Intent —Effective date-2011 c 171: $ee notes following RCW
4.24.210.
Effective date —Intent —Legislation to reconcile chapter 161, Laws
of 2010 and other amendments madder during the 2010 legislative session
—2010 c 161: See notes following RCW 46.04.013.
Legislative review-2002 c 247: See note following RCW
46.04.1695.
mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16A.405(2), 46.17.350{1)(f).
RCM 1.12.025 Construction of multiple amench ants to statutes—
Publication—Decodification of repealed sections. (1) If at any
session of the legislature there are enacted two or more acts amending
the same section of the session laws or of the official code, each
amendment without reference to the others, each act shall be given
effect to the extent that the amendments do not conflict in purpose,
otherwise the act last filed in the office of the secretary of state
in point of time, shall control: PROVIDED, That if one or more special
sessions of the same legislature shall follow any regular session,
this rule of construction shall apply to the laws enacted at either,
both, any, or all of such sessions.
(2) If a Section of the session laws or of the official code is
amended without reference to another amendment of the same section,
the code reviser, in consultation with the statute law committee, may
publish the section in the official code with all amendments
incorporated therein. The publication of the section under this
subsection shall occur only if the statute law committee determines
that the amendments do not conflict in purpose or effect. Sections so
published constitute prima facie evidence of the law but shall not be
construed as changing the meaning of any such law.
The code reviser, in consultation with the statute law committee,
may decodify a section of the official code which was repealed without
reference to an amendment to the section. The decodification of the
section shall occur only if the statute law committee determines that
the decodification does not conflict with the purpose of the
amendment. Any decision of the code reviser, in consultation with the
statute law committee, to incorporate amendments in the same section
or to decodify a section which was both repealed and amended in the
same session shall be clearly noted in the revised code of Washington.
If any conflict arises in the interpretation of a section
published or decodified under this subsection, the session law
sections shall control_ [1983 c 244 § 1; 19$0 c 87 § 2; 1974 ex_s, c
B7 § 1; 1969 ex.s. c 240 § 1; 1955 c 162 § 1.1
6 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
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•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Ordinance Prohibiting the Unlawful Use of Dangerous
Drugs in Public Places - Adopt
MOTION: I move to adopt Ordinance No. 4442, amending Chapter 9.12 of
the Kent City Code related to dangerous drugs to prohibit the use of those
drugs in public places, and to repeal or revise other code sections to
ensure consistency with the state Uniform Controlled Substances Act.
SUMMARY: Last year, the Washington State Supreme Court decided State v. Blake
and found former RCW 69.50.4013, which made it a strict liability offense to
possess a controlled substance in violation of the Uniform Controlled Substances
Act, unconstitutional because the statute did not require proof that the offender
knowingly possessed a controlled substance. Without proof of knowledge, the Court
held the statute violated constitutional due process. In response, the state
legislature amended RCW 69.50.4013 through ESB 5476 during its 2021 legislative
session to temporarily make it unlawful for a person to knowingly possess a
controlled substance. Through this same legislation, however, the legislature
enacted RCW 10.31.115, which prohibits law enforcement from arresting or citing
someone for unlawful possession of a controlled substance until the offender has
twice before been "diverted" to voluntary social services. As a result, while it is still
a crime to knowingly possess a controlled substance, law enforcement is prohibited
from arresting a person who violates that law.
There are a number of practical difficulties with RCW 10.31.115, including the lack
of any regional or statewide tracking and referral system. Those difficulties have
essentially led to the decriminalization of drug possession, even if an offender
knowingly possesses a controlled substance illegally. In response, offenders began
more openly using and possessing controlled substances in public places. This
conduct, coupled with the legislature's simultaneous removal of law enforcement's
ability to arrest offenders for illegal drug possession, has negatively impacted the
community and subjected its members to the adverse impacts associated with the
public use of controlled substances. An example of the danger posed by such
conduct occurred on August 4th when a two-year old child became gravely ill after
ingesting a fentanyl pill that was left in a Tacoma park.
While the use of cannabis or alcohol, both legal substances, is prohibited in public,
there is no comparable state law that prohibits the public use of controlled
Packet Pg. 56
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substances, like methamphetamine, heroin, and fentanyl. Cities are authorized to
enact local laws that are not inconsistent with the state's Uniform Controlled
Substances Act. Because the Uniform Controlled Substances Act does not expressly
permit or otherwise protect the public use of controlled substances, the City is
authorized to regulate or prohibit that use.
Currently, the City regulates the use of controlled substances through a 1972
ordinance that is codified at Chapter 9.12 KCC. Portions of that prior ordinance do
include conduct regulated by the Uniform Controlled Substances Act and it is
appropriate to revise those provisions to ensure they are consistent with state law.
Additionally, this ordinance revises the existing use prohibition to narrow its scope
to directly address use of controlled substances in a public place or in view of the
general public, or the deposit of controlled substances on the ground or in any body
of water. Finally, the ordinance repeals sections within Ch. 9.12 of the Kent City
Code which are no longer necessary as the conduct prohibited therein is regulated
under other state and local laws.
One slight revision was made since this ordinance was presented to Council at its
Operations and Public Safety Committee meeting on August 16, 2022. That change
specifically added the language "bars, taverns, or pubs" to more specifically identify
some of the locations includes within the phrase as "establishments where beer or
soft drinks may be sold." This additional language has been highlighted for ease of
Council's review.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Ordinance 4442 - Narcotics and Barbiturates (PDF)
08/16/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 57
8.G.a
ORDINANCE NO. 4442
AN ORDINANCE of the City Council of the
City of Kent, Washington: (1) amending section
9.12.20 of the Kent City Code to make it illegal to
use dangerous drugs in a public place; (2) to revise
a number of other sections in Chapter 9.12 of the
Kent City Code to make them consistent with state
law and to incorporate revisions required by State v.
Blake; and (3) to repeal Kent City Code sections
9.12.04, 9.12.08, 9.12.12, 9.12.16, 9.12.24,
9.12.28, 9.12.32, 9.12.36, 9.12.40, and 9.12.48,
which prohibit conduct regulated under other laws
and are therefore no longer necessary.
RECITALS
A. In State v. Blake, 197 W.2d 170 (2021), the Washington State
Supreme Court found former RCW 69.50.4013, which made it a strict liability
offense to possess a controlled substance in violation of the Uniform
Controlled Substances Act, unconstitutional because the statute did not
require proof that the offender knowingly possessed a controlled substance.
Without proof of knowledge, the Court held the statute violated
constitutional due process. In response, the state legislature adopted RCW
69.50.4013 during its 2021 legislative session, which provided a temporary
correction to the law to make it unlawful for a person to knowingly possess
a controlled substance. However, through this same legislation, the
legislature enacted RCW 10.31.115, which prohibits law enforcement from
arresting or citing someone for unlawful possession of a controlled substance
1 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
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8.G.a
until the offender has twice before been "diverted" to voluntary social
services.
B. The limitation imposed by RCW 10.31.115 has resulted in
offenders openly using and possessing illegal drugs in public places, while
simultaneously removing law enforcement's ability to effectively remove the
problem, all to the detriment of community members who face an increased
risk of harm attributable to the adverse impacts associated with the use of
illicit drugs in public.
C. While the use of cannabis and alcohol, both legal substances,
is prohibited in public, there is no comparable state law that prohibits the
use of illegal or controlled substances, like methamphetamine, heroin, and
fentanyl, in public. On August 4, 2022, a two-year old child was injured at a
Tacoma park when he picked up and ingested a fentanyl pill that had been
left in the dirt at the park.
D. Although state law does preempt the field of setting penalties
for violations of the state's Uniform Controlled Substances Act, Ch. 69.50
RCW, cities are authorized to enact local laws that are not inconsistent with
that state law. Because the Uniform Controlled Substances Act does not
expressly permit or otherwise protect the public use of controlled
substances, the City is authorized to regulate or prohibit that use. Currently,
the City regulates the use of controlled substances through a broad
ordinance codified at KCC 9.12.20, which was originally adopted in 1972
through Ordinance No. 1787. Portions of that prior ordinance do include
conduct regulated by the Uniform Controlled Substances Act and it is
appropriate to revise those provisions to ensure they are consistent with
state law. Additionally, this ordinance revises the use prohibition to narrow
its scope to directly address use of controlled substances in a public place or
in view of the general public, or the deposit of controlled substances on the
2 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
Packet Pg. 59
8.G.a
ground or in any body of water. Finally, the ordinance repeals sections within
Ch. 9.12 of the Kent City Code which are no longer necessary as the conduct
prohibited therein is regulated under other state and local laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.12.20. Section 9.12.20 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
Sec. 9.12.20. Use of dangerous drugs in
public.
A. It is unlawful for any person to intentionally use any dangerous drug
in a public place ,
except as
now or hereafter authorized or expressly permitted by the laws of the state
or except upon the written or oral order or prescription of a physician,
surgeon, dentist, or other medical veteFinaFy professional sufgee! licensed
to practice in the state and legally authorized to prescribe controlled
substances,
B. Definitions. For purposes of this section, the following terms or words
shall be interpreted as follows:
� 271 i1T11R' /ST_T_t7 �'il�L1lT_7' 1'T'
�I�[.[[���►�I�[�I�i.[�1��[�\�Il�l�\����[.[��1�[.[�[.�i�i.[�[�[.[�1[�1♦►I.IA�`t.�=�[�l�t..[��``wi/�lAliJ[l�►�
substance classified in Schedule I, II, III or IV of Chapter 69.50 RCW;
3 Amend Ch. 9.12 KCC
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8.G.a
excluding cannabis, as it now exists or shall hereafter be added to, deleted
from, modified or amended.
2. "Public place" means an area generally visible to public view
and includes without limitation any place where the public has a right of
access, which includes without limitation sidewalks, parking lots and parking
garages, streets, alleys, highways, or roads; public buildings and grounds
including schools, parks, playgrounds, and meeting halls; establishments to
which the public is invited including restaurants, theaters, stores, gas
stations, meeting halls, lobbies, halls and dining rooms of hotels, bars,
taverns,, pubs, or establishments where beer or soft drinks may be sold, and
their associated parking lots, parking structures, walkways, doorways, and
entrances; railroad trains, light rail facilities, buses, and other public
conveyances of all kinds and character, and their associated stations and
platforms used in conjunction therewith which are open to unrestricted use
and access by the public; and all other places of like or similar nature.
3. "Use" means any effort taken in furtherance of an attempt to
inject, ingest, inhale or otherwise introduce a controlled substance into the
human body.
SECTION 2. - Amendment - New KCC 9.12.22. Chapter 9.02 of the
Kent City Code related to narcotics and barbiturates is amended by enacting
a new section, Section 9.12.22 of the Kent City Code entitled "Unlawful
deposit of dangerous drugs and drug paraphernalia", as follows:
Sec. 9.12.22. Unlawful deposit of dangerous drugs and drug
paraphernalia. It shall be unlawful for any person to knowingly dump,
throw, deposit, or discharge onto the ground or into any body of water any
dangerous drug, as that term is defined in KCC 9.12.20(B)(1), or drug
paraphernalia, as defined in RCW 69.50.102, as those referenced provisions
are currently enacted or hereafter amended or recodified.
4 Amend Ch. 9.12 KCC
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8.G.a
SECTION 3. - Amendment - New KCC 9.12.52. Section 9.12.52 of
the Kent City Code entitled "Unlawful to aid or abet furnishing certain drugs
to persons in jail or custody of police", is amended as follows:
Sec. 9.12.52. Unlawful to aid or abet furnishing certain drugs
to persons in jail or custody of police. It is unlawful for any person not
acting under the direction of the director of public health to knowingly
furnish or aid or abet the furnishing of any opium, morphine, cocaine,
hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or
any substance neither chemically nor physically distinguishable from any
one (1) of them or any opiate or narcotic, or narcotic derivative thereof or
any of the "dangerous drugs" mentioned in KCC 9.12.20 to any person
confined in the city jail or in the custody of the police department, unless
the substance in question is lawfully prescribed for the person by a doctor
or physician and is given to such person under the direction of that person's
physician or doctor.
SECTION 4. - Amendment - KCC 9.12.56. Section 9.12.56 of the
Kent City Code entitled "Places of resort for users of narcotics and/or
dangerous drugs declared nuisance", is amended as follows:
Sec. 9.12.56. Places of resort for users of narcotics and/or
dangerous drugs declared nuisance. It shall be unlawful for any person,
firm, corporation or agent, holding, leasing, renting, occupying or having
charge and control of, any building, structure or premises or room or rooms
therein to knowingly permit the same to be used as a place of resort-fer
persons l(newn to be users of nareeties, nareetic drugs or dangerous drugs
mentioned in KCC 9.12.08 and 9.12.20 OF tO peffigit therein for the unlawful
sale, gift use, or distribution of narcotics, narcotic drugs or dangerous drugs
mentioned in KCC 9.12.08 and 9.12.20, and any such place OF any pla
5 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
Packet Pg. 62
8.G.a
ment+ened is-�9:" 08 and 912.29 is hereby declared to be a public
nuisance and may be abated as such in the manner provided by this chapter.
SECTION 5. - Amendment - KCC 9.12.64. Section 9.12.64 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
Sec. 9.12.64. Unlawful to frequent or be in place where
narcotics and/or dangerous drugs are unlawfully kept, used or
disposed of. It is unlawful for anyone, not lawfully authorized, to frequent,
enter, be in, or be found in any place they know to be a location where
narcotics, narcotic drugs, their derivatives, or dangerous drugs mentioned
in KCC 9.12.08 and 9.12.20 are unlawfully used, kept or disposed of.
SECTION 6. - Amendment - KCC 9.12.68. Section 9.12.68 of the
Kent City Code entitled "Sale, possession or use of dangerous drugs", is
amended as follows:
• Penalty for• • •section
expressly provides otherwise, any person who violates any provision of this
chapter shall be guilty of a misdemeanor.,.A peFSen whe is convicted of a
ngesdengeaner vielatien ef anyprevisien ef this- - - - be punished by
. . . ent fOF net less than twenty fOUF (24) consecutive hours, and by
a fone of not less than two hundred fifty dollars ($250). On a second ef
subsequent -- -- the fine shall net be less than five hundi=ed --
..
6 Amend Ch. 9.12 KCC
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8.G.a
r-ter- - - -
Im M__ 11-11mill
SECTION 7. - Amendment - KCC 9.12.75. Section 9.12.75 of the
Kent City Code entitled "Drug -traffic loitering", is amended as follows:
Sec. 9.12.75. Drug -traffic loitering.
A. As used in this section:
1. Conviction means an adjudication of guilt pursuant to RCW Title
10 or 13, or the equivalent provisions of any federal statute, state statute
or ordinance of any political subdivision of this state, and includes a verdict
of guilty, a finding of guilty and an acceptance of a plea of guilty.
2. Drug paraphernalia means drug paraphernalia as the term is
defined in the Uniform Substance Act, RCW 69.50.102, excluding
hypodermic syringes or needles in the possession of a confirmed diabetic or
a person directed by his or her physician to use such items.
3. Illegal drug activity means unlawful conduct contrary to any
provision of Chapter 69.41, 69.50 or 69.52 RCW, or the equivalent federal
statute, state statute, or ordinance of any political subdivision of this state.
4. Known drug trafficker means a person who has, within the
knowledge of the arresting officer, been convicted within the last two (2)
years in any court of any felony illegal drug activity.
5. Public place is an area generally visible to public view and
includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas,
parks, driveways, parking lots, transit stations, shelters and tunnels,
automobiles visible to public view (whether moving or not), and buildings,
7 Amend Ch. 9.12 KCC
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8.G.a
including those which serve food or drink, or provide entertainment, and the
doorways and entrances to buildings or dwellings and the grounds enclosing
them.
6. Use means any effort taken in furtherance of an attempt to
inject, ingest, inhale, or otherwise introduce a controlled substance into the
human body.
B. A person is guilty of drug -traffic loitering if he or she remains in a
public place and intentionally solicits, induces, entices, or procures another
to engage in unlawful conduct contrary to Chapter 69.50, 69.41 or 69.52
RCW.
C. The following non-exclusive list of circumstances do not by
themselves constitute the crime of drug -traffic loitering, but they may be
relevant in evaluating the criminal intent required by subsection (Berrg
the corcumstances which may be considered in determining whether the
1. Is seen by the officer to be in possession of drug paraphernalia
under circumstances that evince an intent to use a controlled substance
other than cannabis; or
2. Is a known drug trafficker; or
3. Repeatedly beckons to, stops or attempts to stop passersby, or
engages passersby in conversation; or
4. Repeatedly stops or attempts to stop motor vehicle operators
by hailing, waving of arms or any other bodily gesture; or
5. Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to stop pedestrians.
D. No person may be arrested for drug -traffic loitering unless probable
cause exists to believe that he or she has remained in a public place and has
8 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
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8.G.a
intentionally solicited, induced, enticed or procured another to engage in
unlawful conduct contrary to Chapter 69.50, 69.41, or 69.52 RCW.
E. A person convicted of drug -traffic loitering under this section shall be
punished by a fine of not more than five thousand dollars ($5,000) or term
of imprisonment of not more than 364 days , or both.
SECTION 8. - Repealer - Various Sections in Ch. 9.12 KCC. Chapter
9.02 of the Kent City Code related to narcotics and barbiturates is amended
to repeal the following sections in their entirely:
Sec. 9.12.04.
Sec. 9.12.08.
Sec. 9.12.12.
Sec. 9.12.16.
Sec. 9.12.24.
Sec. 9.12.28.
Sec. 9.12.32.
Sec. 9.12.36.
Sec. 9.12.40
Sec. 9.12.48.
Unlawful to use or be under influence of
narcotics - Exception.
Unlawful to possess narcotics without proper
license or prescription.
Unlawful to sell or give away narcotics without
prescription.
Prescribing narcotics.
Unlawful to possess without prescription.
Unlawful to possess unless specifically
prescribed for person in possession.
Unlawful to administer except as prescribed.
Unlawful to be under influence in public place.
Prosecution for violation.
Possession as prima facie evidence of
violation.
SECTION 9. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
9 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
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8.G.a
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 10. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 11. - Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
September 6, 2022
DANA RALPH, MAYOR Date Approved
ATTEST:
September 6, 2022
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
September 9, 2022
Date Published
10 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
Packet Pg. 67
8.H
KENT
, i n N .L I G N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Pedestrian and Bicycle Program - Pedestrian Hybrid
Beacon on 108th Avenue SE at Kent Panther Lake Library -
Authorize
MOTION: I move to authorize the Mayor to sign all documents necessary to
accept grant funding from the Washington State Department of
Transportation Pedestrian and Bicycle Program and to amend the budget
to authorize the expenditure of funds to design and construct a Pedestrian
Hybrid Beacon on 108t" Ave SE (SR 515) near the Panther Lake Library.
SUMMARY: In July 2020, the city applied for funding from the Washington State
Department of Transportation (WSDOT) Pedestrian and Bicycle Program to design
and construct several projects, one of which was a Pedestrian Hybrid Beacon (PHB)
on 108t" Ave SE near the Panther Lake Library. In 2021, the City was awarded
funding for other projects in the application, but not the PHB at the Panther Lake
Library. However, additional funding became available and WSDOT has also
awarded funding for this project.
The total project cost is estimated at $895,420. The amount awarded by WSDOT is
$875,420, the City's required match is $20,000.
BUDGET IMPACT: $20,000 match from the Business and Occupation Tax Fund,
along with any potential project cost escalation.
SUPPORTS STRATEGIC PLAN GOAL:
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.
ATTACHMENTS:
1. Pedestrian & Bicycle Program Award Letter and Project Summary (PDF)
08/15/22 Public Works Committee RECOMMENDED TO
COUNCIL
Packet Pg. 68
8.H
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/6/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
Packet Pg. 69
8.H.a
Adak
Washington State
W, Department of Transportation
June 10, 2022
Mr. Chad Bieren
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
City of Kent
Pedestrian Hybrid Beacon (PHB) on 108' Ave SE at
Kent Panther Lake Library
2021-23 Pedestrian & Bicycle Safety Program
State Funding
Dear Mr. Bieren:
WSDOT is pleased to advise you that the above -mentioned project was selected to receive funding
through the Pedestrian & Bicycle Safety program. The state funding is limited as shown below:
Pedestrian Hybrid Beacon (PHB) on 108" Ave SE at
Kent Panther Lake Library $875,420
Scope: See attached project summary.
In order to meet state requirements, the following are required:
■ Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement.
■ Please refer to the Local Programs webpage for detailed authorization information, including:
(https://wsdot.wa.gov/business-wsdot/support-local-pro rg ams)
✓ Local Agency Guidelines (LAG) manual for detailed requirements.
✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement
Program (STIP) amendments, as applicable.
✓ Funding and billing forms; and
✓ Local Project Report required to be completed by the end of June and December each
year. To access the database, you will need an account name and password. Your
account name_ and your password-. The password is case sensitive.
As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
For assistance please contact Mehrdad Moini, your Region Local Programs Engineer, at 206.440.4734.
Sincerely,
5
/ay?�rye, P
Director
Local Programs
JB:st:ml
Attachment
cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
Packet Pg. 70
8.H.a
Project Summary
Program: Pedestrian and Bicycle
Date: April 2022
Agency: City of Kent
Project Title: Pedestrian Hybrid Beacon (PHB) on 108th Ave SE at the Kent Panther Lake Library (20600
block)
Project Description: "Stop here for pedestrians" sign (in -street), marked crosswalk, median refuge
island, pedestrian crossing advance stop bars, median channelization/turn restrictions, audible
pedestrian signal, pedestrian hybrid beacon
Detailed Project Description:
Install marked crosswalk (plastic) with pedestrian hybrid beacon (HAWK signal) over 1081h Ave SE at
midblock location (vicinity of SE 206tr' ST)
• Reconstruct sidewalk/pavement at location and construct ADA curb ramps
■ Construct new median pedestrian refuge island per WSDOT chan plan approval
• Install pedestrian -scale lighting in the vicinity of the crossing
• Install pedestrian crossing advance stop bars (plastic)
• Include median channelization/turn restrictions
• Include audible pedestrian signal with pedestrian hybrid beacon
Proiect Schedule:
Begin PE
08/22
Environmental Documents Approved
04/23
Right -of -Way Approved
05/23
Permits/Approvals Received
09/23
Utilities Relocated (if Necessary)
09/23
Estimated Contract Ad
10/23
Estimated Contract Award Date
12/23
Open to Traffic
07/24
Design Complete (Design -only projects)
N/A
)1W Cost and Award Amount:
Phase
Total Project
Cost
Amount Requested
Amount Awarded
Preliminary Engineering
$272,020
$252,020
N/A
$252,020
Right -of -Way
N/A
N/A
Construction
$623,400
$623,400
$623,400
Total
$895,420
$875,420
$875,420
If you agree to the project summary described above, please sign below and return to Charlotte
Claybrooke or Brian Wood.
Page 1 of 2
Packet Pg. 71
8.H.a
Concurrence: I agree to the project summary described above.
Approving Authority Name (Print): _Chad
Approving Authority Signature:
Date:
April 27, 2022
Page 2 of 2
Packet Pg. 72
8.1
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Safe Routes to School - School Zone Flashers - Authorize
MOTION: I move to authorize the Mayor to sign all necessary documents to
accept grant funding from the Washington State Department of
Transportation Safe Routes to School Program and to amend the budget to
authorize the expenditure of funds to design and construct School Zone
Flashing Beacons in nine school zones.
SUMMARY: In July 2020, the City applied for grant funding from the Washington
State Department of Transportation (WSDOT) Safe Routes to Schools Program to
design and construct School Zone Flashers within nine school zones. The City's
application did not initially score highly enough to receive funding. However,
additional funding became available and WSDOT has awarded funding for this
project.
The total project cost is estimated at $417,803. The amount awarded by WSDOT is
$397,803, the City's required match is $20,000.
BUDGET IMPACT: $20,000 match from the Business and Occupation Tax Fund,
along with any potential project cost escalation.
SUPPORTS STRATEGIC PLAN GOAL:
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.
ATTACHMENTS:
1. School Zone Flashers Award Letter and Project Summary (PDF)
08/15/22 Public Works Committee RECOMMENDED TO
COUNCIL
Packet Pg. 73
8.1
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/6/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
Packet Pg. 74
Aft
Washington State
w7, Department of Transportation
June 10, 2022
Mr. Chad Bieren
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
Dear Mr. Bieren:
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TrY:1-800-833-6388
www.wsdot.wa.gov
City of Kent
Safe Routes to School — School Zone Flashers
2021-23 Safe Routes to School Program
State Funding
WSDOT is pleased to advise you that the above -mentioned project was selected to receive funding
through the Safe Routes to School program. The state funding is limited as shown below:
Safe Routes to School — School Zone Flashers
Scope: See attached project summary.
$397,800
In order to meet state requirements, the following are required:
■ Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement.
■ Please refer to the Local Programs webpage for detailed authorization information, including:
(htlps://wsdot.wa.gov/business-wsdot/sMport-local:pL ams)
✓ Local Agency Guidelines (LAG) manual for detailed requirements.
✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement
Program (STIP) amendments, as applicable.
✓ Funding and billing forms.
✓ Local Project Report required to be completed by the end of June and December each
year. To access the database, you will need an account name and password. Your
account name is=and your password—. The password is case sensitive.
As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
For assistance please contact Mehrdad Moini, your Region Local Programs Engineer, at 206.440
4734.
Sincerely,
ay" Drye, P
Director
Local Programs
Attachment
cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
Packet Pg. 75
Project Summary
Program: Safe Routes to School
Date: May 2022
Agency: City of Kent
Project Title: Safe Routes to School — School Zone Flashers
Project Description: Standard flashing beacons, school speed zone flashing beacons and signage
Detailed Project Description:
Install school zone flashing beacons and schools zone signs at the following locations:
• 381h Ave S just north of S248th St and also just south of S248th St (for Sunnycrest Elementary)
• 42"d Ave S at the intersection with S 249th St and also at the intersection with S 247th St (for
Sunnycrest Elementary)
• S 268th St just east of 371h Ave S (for Star Lake Elementary)
■ 112th Ave SE south of SE 232"1 St (for Park Orchard Elementary)
■ SE 221't PL and 1315t PL SE (for Sunrise Elementary)
• SE 224th ST just east and also just west of 132"d Ave SE (for Sunrise Elementary)
■ SE 270th St south of 1241h Ave SE and also south of 118th PI SE (for Millennium Elementary)
• 64th Ave S just north of W Meeker St (for Kent Elementary)
• Lakeside Blvd just north and also just south of S 236th St (for Neely O'Brian Elementary)
Proiect Schedule:
Begin PE
11/22
Environmental Documents Approved
2/23
Right -of -Way Approved
3/23
Estimated Contract Ad
3/23
Estimated Contract Award Date
4/23
Open to Traffic
12/23
Project Cost and Award Amount:
Phase
Total Project
Cost
Amount Requested
Amount Awarded
Preliminary Engineering
$83,505
$63,505
$63,505
Right -of -Way
N/A
N/A
N/A
Construction
$334,298
$334,298
$334,298
Total
$417,803
$397,803
$397,803
If you agree to the project summary described above, please sign below and return to Charlotte
Claybrooke or Brian Wood.
Concurrence: I agree to the project summary described above.
Page 1 of 2
Packet Pg. 76
Approving Authority Name (Print): _Chad Bieren, Public Works Director
Approving Authority Signature:
Date: May 11, 2022
Page 2 of 2
Packet Pg. 77
8.J
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Consultant Agreement with KBA, Inc. for the 76th Avenue
South - North Segment Project - Authorize
MOTION: I move to authorize the Mayor to sign the Consultant Services
Agreement with KBA, Inc. for contract administration, management,
quality control, and inspection in the amount of $402,242 for the 76tn
Avenue South - North Segment project, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The 76th Avenue South - North Segment Project is located on 76th
Avenue South, South of South 212th Street. This is a federally funded project that
will raise the elevation of 76th Avenue South to help eliminate flooding issues on the
roadway. New cement concrete paving, curb & gutter, sidewalks, driveways, curb
ramps, water main, storm drainage piping, illumination, and landscaping will all be
constructed as part of the project.
This consultant contract is needed to provide a Resident Engineer, Inspector, and
subconsultants to perform contract administration, construction management,
quality control, and inspection on this federally funded project. Through our
selection process, following WSDOT Local Agency Guidelines, the City selected KBA,
Inc. to provide these services, while City staff manage existing construction
projects. The funding agency requires 19% DBE (Disadvantaged Business
Enterprise) participation in our consultant contracts during the construction phase
of the project. The required DBE participation will be met by KBA via contracts with
HWA Geosciences, Inc. (quality control) and Jimale Technical Services (contract
administration).
BUDGET IMPACT: The project will be paid for using a Federal Surface
Transportation Program (STP) Grant, Utility Funds, and B&O Tax Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
Packet Pg. 78
8.J
1. KBA Agreement (PDF)
08/15/22 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/6/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
Packet Pg. 79
8.J.a
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreemen
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KBA, Inc.
Address
Federal Aid Number
11201 SE 8th Street, Suite 160, Bellevue, WA 98004
STPUL-1075(004)
UBI Number
Federal TIN
601-426-427
91-181416
Execution Date
Completion Date
06/30/2023
1099 Form Required
Federal Participation
❑ Yes ❑■ No
■❑ Yes ❑ No
Project Title
76th Avenue South - North Segment
Description of Work
The Consultant shall provide Construction Management Services for the project which will include
consultation, contract administration, field observation, documentation, and material testing. For a
description, see the Consultant's Scope of Services which is attached as Exhibit A and incorporated by
this reference.
❑■ Yes ❑ No DBE Participation
Maximum Amount Payable: $402,242
❑ Yes ❑■ No MBE Participation
❑ Yes ❑■ No WBE Participation
❑ Yes ❑■ No SBE Participation
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
a
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8.J.a
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Kent
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A"
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 1 Packet Pg. 81
8.J.a
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C
— Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others,
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the
other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below:
If to AGENCY:
If to CONSULTANT:
Name: Eric Connor
Name: Cameron Bloomer
Agency: City of Kent
Agency: KBA, Inc.
Address: 220 4th Avenue S.
Address: 11201 SE 8th Street, Suite 160
City: Kent State: WA Zip: 98032
City: Bellevue State: WA Zip: 98004
Email: EConnor@KentWA.gov
Email: cbloomer@kbacm.com
Phone: (253) 856-5533
Phone: (425) 455-9720
Facsimile: (253) 856-6500
Facsimile: (425) 455-9732
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
LA10342
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8.J.a
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E" will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the M
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
c
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the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
a
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
a
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
m
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
Y
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
a
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
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the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
r
cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
LA10342
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8.J.a
A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
m
provided under this AGREEMENT.
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B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
3
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(I.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
E
"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
0
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
z
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
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AGREEMENT, contingent upon receipt of all PS&E plans, ma notes reports, electronic data and other
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related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
to
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
N
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
i
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
Q
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
Y
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
E
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for
a
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's
Project Manager. LA10342
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VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest a
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the M
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent M
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee. a
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or m
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the Y
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made E
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole a
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
• Federal -aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
• Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987 (Public Law
100-259)
• American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and a
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's Y
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the z
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between 3
CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. c
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or
subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
c
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)
v
days of the execution of this AGREEMENT to:
Name: Eric Connor
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A enc City of Kent
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Address: 220 4th Avenue S.
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City: Kent State: WA Zip: 98032
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Email: EConnor@KentWA.gov
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Phone: (253) 856-5533
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Facsimile: (253) 856-6500
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No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
as
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
a
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
m
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
Y
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
c°
a
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
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XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
m
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
3
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
as
a
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
0
data furnished by them.
XV. Federal Review
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The Federal Highway Administration shall have the right to participate in the review or examination of the
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SERVICES in progress.
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XVI. Certification of the Consultant and the Agency
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Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
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Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in
M
AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in
AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
E
listed in section III "General Requirements" prior to its performance of any SERVICES under this
AGREEMENT.
a
XVIL Complete Agreement
Q
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
z
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
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amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
a
parties as a supplement to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
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XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub -consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
L
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in a
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary m
damages, or penalties Y
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as a
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure
that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub -consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -
consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
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For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and /or modified
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Slgrrature
I
Slgrrature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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Exhibit A
Scope of Worl
Project No.
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KBA, Inc.
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8/3/2022
EXHIBIT A
SCOPE OF SERVICES
for
761 Ave South — North Segment
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Kent (Client),
for the project known as 76"' Ave South — North Segment (Project). These services will include
consultation, contract administration, field observation, documentation, and material testing, as required
during the construction of the Project, as detailed below.
Project Description: In order to significantly reduce the occurrence of seasonal flooding on 76th Ave. S,
this project will raise the roadway above the FEMA 100 year flood elevation. This project also includes a
new watermain, new PCCP roadway, storm drainage improvements, pedestrian island, gravity block walls
with thickened edge sidewalk, handrails, and channelization.
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract and Team Management: Provide overall day-to-day management of the
Consultant contract and Team, including:
1. Decide on best modes and frequency of communication with Client and Designer. Liaison
and coordinate with Client on a regular basis to discuss Project issues and status.
2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants, if any.
Organize and layout work for Consultant Team.
3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to
Client monthly, an invoice and progress report describing services provided that period.
Prepare and submit reporting required by funding source(s), if any.
Deliverables
• Monthly invoices and progress reports
B. Preconstruction Services
1. Review Contract Documents to familiarize team with Project requirements.
2. Organize and lead preconstruction conference:
a. Prepare and distribute notices.
b. Prepare agenda.
c. Conduct the meeting.
d. Prepare and distribute meeting notes to attendees and affected agencies.
3. Provide one set of preconstruction photographs.
4. Attend other meetings as requested by Client
5. Create the project Record of Materials
Deliverables
• Preconstruction Conference Notice, Agenda, and Notes
• Preconstruction photos, digital files on electronic storage medium
• Prepare Record of Materials
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C. Construction Phase Services — Contract Administration
1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent
property owners, and utilities.
2. Weekly provide the Client with brief construction progress update, highlighting progress and
advising of issues that are likely to impact cost, schedule, or quality/scope.
3. Schedule Review:
a. Review construction contractor's schedules for compliance with Contract Documents.
b. Monitor the construction contractor's conformance to schedule and request revised
schedules when needed. Advise Client of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Client pre -briefing. Prepare weekly meeting agenda and meeting notes
and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
6. Record of Materials. Maintain records of material compliance documentation received and
advise Client of any known deficiencies.
7. Prepare weekly statement of working days and distribute to the Client and Contractor.
8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment
requests submitted by construction contractor for comparison and reconcile differences.
Review with Client and construction contractor and recommend approval, as appropriate.
a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the
Contract Price allocations and verify that such allocations are made in accordance with
the requirements of the Contract Documents.
11. Notify construction contractor of work found in noncompliance with the requirements of the
contract.
12. Assist the Client in the investigation of malfunctions or failures observed during construction
13. Public Information. Provide information for Client to prepare media communications and
public notices on Project status. Provide information for Client's inclusion into a Project
website and/or newsletter, if requested.
14. Record Drawings. Review not less than monthly, the construction contractor's redline set of
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies and other items, as encountered by Consultant Team. Use
these markups to check the progress of the Contractor -prepared Record Drawings.
15. Document Control. Establish and maintain document filing and tracking systems, following
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a. If requested, one hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint, managed
and hosted by the Consultant. The Client will be provided with licenses for their and the
construction contractor's use of the SharePoint website during the Project. Consultant
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will provide one training session for Client and construction contractor users of the
SharePoint system.
c. The Project SharePoint site will transition to "read-only" access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs
first. Transference of final records will include a digital copy of the files stored in the
Project SharePoint site. Access to SharePoint will expire following that date.
16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement,
maintain a log documenting the following: the State's Confidential Information received in the
performance of this AGREEMENT; the purpose(s) for which the State's Confidential
Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information.
17. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of
Substantial, Physical, and Final Completion for Client approval and signature, to include
punch list. Prepare final pay estimate for Client approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the Client for its
archiving at final acceptance of the Project. Should Consultant's work end prior to full
completion of the Project, its records will be transferred to the Client prior to departure from
the Project. Records will consist of electronic records on electronic storage medium,
hardcopies can be provided upon request for additional cost.
Deliverables
• Schedule Review Comments
• Meeting Agendas and Notes
• Submittal Log
• Record of Materials
• RFI Log
• Change Order(s)
• Progress Pay Requests
• Certificate Letters of Completion
• Final records - electronic
D. Construction Phase Services — Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in accordance
with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non -conforming work observed
during site visits.
3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, photos of work performed, and other pertinent information.
4. Interpret Construction Contract Documents, in coordination with Designer.
5. Evaluate and report to Client issues that may arise as to the quality and acceptability of
material furnished, work performed, and rate of progress of work performed by the
construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
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7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Prepare field records, daily reports of force account worked, and other payment source
documents to help facilitate administration of the Project in accordance with funding agency
requirements.
9. Attend and actively participate in regular on -site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized in accordance with Client protocol.
11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies.
12. Testing. Conduct materials and laboratory tests. Coordinate the work of the Field
Representative(s) and testing laboratories in the observation and testing of materials used in
the construction; document and evaluate results of testing; and inform Client and construction
contractor of deficiencies.
Deliverables
• IDRs with Project photos — submitted on a weekly basis
• Field Note Records and Daily Reports of Force Account Worked
• Additional Project photos not included in IDRs
• Punch List(s)
• Test reports
E. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for a 5-month period, from September 2022 through
January 2023. This is intended to span the originally planned construction duration of 75
contractor working days, plus time allotted for Project setup and closeout. Overtime has
been figured at 25% (10-hour workdays) for the inspector. No overtime has been figured
for the Resident Engineer.
b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover instances, including but not limited to the following, Client and
Consultant will negotiate a Supplement to this Agreement:
i. The contractor's schedule requires inspection coverage of extra crews and shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms
as outlined in Section V of the LAG Agreement.
c. The work is anticipated to be performed during daytime hours, with the exception of
plaining and HMA paving near the S. 2121h Intersection. A 15 percent differential for labor
is being applied to all night shift hours worked by Consultant's employees.
d. Client to provide office with internet access, bathroom facilities, drinking water, and office
furniture.
e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes
only. The budget may be transferred between tasks or people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior
authorization.
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f. The budget assumes that Consultant's standard forms, logs, and processes will be used
on the Project SharePoint site. Any customization to meet specialized Client
requirements will be Extra Work.
g. Should Consultant's level of effort extend beyond the time period detailed in the attached
Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1,
with 30-day written notice to Agency.
2. Items and Services Client will provide:
a. Meeting arrangements and facilities for pre -bid and preconstruction meetings. Prepare
and distribute meeting notes from pre -bid meeting(s), if any.
b. Office space at City owned facility.
i. workstations (desk, chair, and storage) for 2 staff members
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color,
and of business quality, if needed
iv. high-speed, dedicated connection, including static IP
v. miscellaneous office supplies
vi. utilities and sanitary facilities
c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final
record drawings.
d. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
e. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
f. Construction Survey. Provide project control survey and staking that is not already
assigned to the construction contractor.
g. Client will download certified payrolls from L&I site and provide them to the Consultant for
tracking and filing.
3. Scope:
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc.
b. Consultant will provide observation services for the days/hours that its' Inspector(s)
personnel is/are on -site. The Inspector(s) will not be able to observe or report
construction activities, or collect documentation, during the time they are not on -site.
c. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non -conforming work and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
Client's expectations.
d. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is
synonymous with "construction observation," and reference to the "Inspector" role is
synonymous with "Field Representative," and means: performing on -site observations of
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the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the Client if Work
does not conform to the Contract Documents or requires special inspection or testing.
Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified
inspector who provides a certified inspection report in accordance with an established
standard.
e. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. If the Consultant suspects the presence of hazardous materials, they will
notify the Client immediately for resolution.
f. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract for
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions.
g. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
h. Quantity takeoffs and calculated quantities are for the purpose of comparing with
Designer's and/or bidders' quantities and are not a guarantee of final quantities.
Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor's schedules, is for the purpose of estimating number of days to
complete a project, for identifying potential schedule and coordination challenges, and
determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor.
Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
k. If Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based
only on the information presented to them, and need engineering analysis by the
Designer to verify; Consultant is not responsible for the final design product.
I. Client agrees to include a statement in the construction Bid Documents for this Project,
requiring construction contractor to name KBA, Inc. as an additional insured via
endorsement to the contractor's commercial general liability and automobile insurance
policies.
m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement.
n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms.
o. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
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profession currently practicing under similar circumstances, in the same geographical
area and time period.
p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a
fiduciary duty owed by either party to the other. Consultant makes no warranties,
guarantees, express or implied, under this Agreement or otherwise in connection with
Consultant's services.
q. Client agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's
knowledge.
r. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant's own negligence.
s. XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform
services under the following assumptions, and such assumptions are assumed
acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will
identify each and any item considered to be "State's Confidential Information" as
"confidential", as detailed below. Any information received by CONSULTANT that is not
so labeled, will be assumed by CONSULTANT to not be "State's Confidential
Information". CONSULTANT will return all items pre -identified as State's Confidential
Information, to the AGENCY, and will not be required to take any other steps to protect
that information.
OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
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Exhibit B
DBE Participation Plar
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
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Exhibit C
Preparation and Delivery of Electronic Engineering and Other Dati
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
Z Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
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D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
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K Any Other Electronic Files to Be Provided
Ill. Methods to Electronically Exchange Data
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A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
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Exhibit D
Prime Consultant Cost Computation;
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A
- 25VEARS City of Kent
76th Ave S. - North Segement
KBA Project No.: B22-058-01
Prepared On: 8/22022
Prepared by: Cameron Bloomer
Annual Escalation on DSC 5%
ESTIMATE OF COSTS
CONFIDENTIAL & PROPRIETARY TO KBA, INC.
Days/Mo 22 21 21 20 21 21 20
Hr/Mo 176 168 168 160 168 168 160
Extra Work 12% 25% 25% 25% 25% 25% 8%
Adj Hr/Mo 197 210 210 200 210 210 173
Cameron Bloomer
E5
Engineer/ Professional V 1
1 0
2
2
2
2
2
Cameron Bloomer
E5
Engineer/ Professional V
824
168
168
160
168
160
TBID - Inspector
T3
Technical Representative 111
990
210
160
200
210
210
Subtotal - KBA Labor Hours
-,ERE
1,887
1,887
- 384
380
364
383
376 -
AUG SEP
OCT
OV
1022
DEC
JAN FEB
Project Expenses
Rate Tax
Agreement
Costs
Total
2022 022
022
022
20 3 2023
r®250
HWA Geosciences Sub1
Jimale Technical Services Sub2
H Sam Schuyler
M2
Manager 11
1
$229.31
$240.78
H Jill Carter
A4
Administrator IV
1
$134.32
$141.0.
H Cameron Bloomer
E5
Engineer / Professional V
1
$200.05
$210.0
F Cameron Bloomer
E5
Engineer/ Professional V
2
$193.46
$203.1.
F TBD - Inspector
T3
Technical Representative 111
2
$129.89
$136.3'
F TBD - Inspector (Night)
T3
Technical Representative 111
2
$149.38
$156.8
Loaded Salary Costs
Project
Expenses
Subconsultant(s)
15,000 10,000 10,000 10,000 5,297
9,202 9,631 8,773 10,060
699
699
- 229
-
-
229
241 -
1,363
1,363
- 403
-
269
269
423 -
2,020
2,020
- 400
400
400
400
420 -
160,958
160,958
- 32,501
32,501
30,953
32,501
32,501 -
129,959
129,959
- 27,278
20,783
25,979
27,278
23,642 -
7,469
7,469
- -
7,469
-
-
- -
-02,469
- 60,811
61,153
57,601
60,677
62,227
11,811
11,811
- 2,562
2,312
2,312
2,312
2,312 -
87,962
87,962
- 24,202
19,631
18,773
20,060
5,297 -
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Agreement: City of Kent 76Th Ave South - North Segment
KBA - Home Office 2022
All Inclusive
2022 Home
Direct Labor
Hourly Billing
Office
Fee TE N
Job Classifications
Hourly Billing
Rate Effective
Overhead Rate
30% DSC+ OH
Rate NTE
Through
155.78%
12/31/22
Manager II
Administrator IV
Engineer / Professional V
$ 80.24 155.78%
$ 47.00 155.78%
$ 70.00 155.78%
30%
$ 229.31
30%
$ 134.32
30%
$ 200.05
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Agreement: City of Kent 76Th Ave South - North Segment
KBA - Home Office 2023
All Inclusive
2023 Home
Direct Labor
Hourly Billing
Office
Fee TE N
Job Classifications
Hourly Billing
Rate Effective
Overhead Rate
30% DSC+ OH
Rate NTE
Through
155.78%
12/31/22
Manager II
Administrator IV
Engineer / Professional V
$ 84.25
155.78%
$ 49.35
155.78%
$ 73.50
155.78%
30%
$ 240.78
30%
$ 141.03
30%
$ 210.05
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Agreement: City of Kent 76Th Ave South - North Segment
KBA - Field 2022
All Inclusive
2022 Home
Direct Labor
Hourly Billing
Field
Fee TE N
Job Classifications
Hourly Billing
Rate Effective
Overhead Rate
30% DSC+ OH
Rate NTE
Through
146.37%
12/31/22
Engineer / Professional V
$
70.00
146.37%
Inspector E3
$
47.00
146.37%
Inspector E3 (Night)
$
54.05
146.37%
30%
$ 193.46
30%
$ 129.89
30%
$ 149.38
r
Q
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Agreement: City of Kent 76Th Ave South - North Segment
KBA - Field 2023
All Inclusive
2022 Home
Direct Labor
Hourly Billing
Field
Fee TE N
Job Classifications
Hourly Billing
Rate Effective
Overhead Rate
30% DSC+ OH
Rate NTE
Through
146.37%
12/31/22
Engineer / Professional V
$
73.50
146.37%
Inspector E3
$
49.35
146.37%
Inspector E3 (Night)
$
56.75
146.37%
30%
$ 203.13
30%
$ 136.39
30%
$ 156.85
r
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Exhibit E
Sub -consultant Cost Computation:
If no sub -consultant participation listed at this time. The CONSULTANT shall not sub -contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to
section VI "Sub -Contracting" of this AGREEMENT.
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Project Cost Estimate HWA Ref: 2022-132
Construction Inspection and Testing � GEOSC�ENCES INC.
76th Avenue S - North Segment Date: 4-Aug-22
Kent, Washington DBE/MWBE Prepared By: BKH/BS
Prepared for Cameron Bloomer - KBA Inc
PROPOSED WORK SCOPE:
This cost estimate is based on quantities provided by the City of Kent.
1. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor.
2. Sampling and acceptance/Proctor testing of CSBC, CSTC, and Gravel Borrow for use in trench backfill, wall base, and roadway regrade/sidewalk construction.
3. Sampling and acceptance testing of GB for Walls, GB for PZB, and Sand for Joint Utility Trench.
4. Inspection and testing of compacted aggregates for roadway/sidewalk, utility trenches, walls, and ADA ramp construction.
5. Inspection and testing of HMA placement and compaction (minimum: one test per 100 tons).
6. Sampling and testing HMA during paving for Rice density, extraction and gradation (minimum: one test sample per day or 1000 tons).
7. Sampling and Acceptance Testing for concrete aggregates (assume 2 mix designs x 2 aggregates per mix x 2 sources)
8. Periodic concrete sampling for pavement, walls, curb/gutter, luminaires, driveways, stairs, thickened edge, and ADA ramps. Includes next -day pickups
9. Written field reports will be prepared for all inspections and reviewed for QC.
Material Testing - ESTIMATED HWA LABOR:
Scope of Services
2022 PERSONNEL & HOURLY RATES
Engr VIII
$263.88
Geol V
$164.07
Geol III
$121.79
Geol II
$94.73
Contracts
$138.70
TOTAL
HOURS
TOTAL
AMOUNT
Aggregate Inspection and Testing, including:
Sampling of CSBC, CSTC, and Gravel Borrow at WSDOT intervals (2 sources)
24
24
$2,274
Sampliniz of GB for Walls, GB for Drains; GB for PZB, Sand for JUT 2 sources
12
12
$1,137
Inspection/Proof Rolling of rubblized HMA sub -base
8
1 8
$758
Inspection and Testing of Compacted Road Base Aggregates
24
24
$2,274
Inspection and Testing of Compacted Trench/Structure Backfill
36
36
$3,410
Inspection and Testing of Wall Backfill
18
18
$1,705
Asphalt Inspection and Testing, including:
Inspection and Testing during HMA Roadway/Overlay
20
20
$1,895
HMA Oven Ignition Correction Sampling of Aggregate and Oil (1 mix design)
4
4
$379
HMA Sampling at Batch Plant (2 trips x 4 hrs.)
8
8
$758
Concrete Inspection and Testing, including:
Sampling Concrete Aggregates (2 mix designs x 2 aggregates x 2 sources)
8
8
$758
Extruded Curb and Gutter (1 visit, plus next -day cylinderpickup)
6
6
$568
Curb & Gutter, Driveway Testing (6 periodic visits, plus pickups)
36
36
$3,410
ADA Rams 2 periodicvisits, plus pickups)
12
12
$1,137
Crosswalk Island (2 visits, plus pickups)
12
12
$1,137
Illumination Pole Foundations 1 visit, pluspickup)
6
6
$568
Reinforced Concrete Stairs (foundations, stem wall, ramps: 3 visits, plus pickups)
18
18
$1,705
Sidewalk Thickened Ede for Walls (2 periodic visits, plus pickups)
12
1 12
$1,137
Concrete Pavement (5 visits, plus pickups)
30
30
$2,842
Project Management
Preconstruction Meeting
2
2
$328
Geotechnical Consultation Support
4
4
$1,056
QA Review, Reporting, Submittal Reviews, and Report Distribution
1 16
4
1
4
24
$5,433
DIRECT SALARY COST
1 20
6
1 0
294
4
324
$34 667
76th Avenue S - North Segment
1 of 2
HWA GeoSciences Inc.
8.J.a
Packet Pg. 114
Material Testing - LABORATORY TESTING ESTIMATE:
8.J.a
LABORATORY EXPENSE DESCRIPTION
Est No.
Unit Test
TOTAL
Asphalt Ignition Oven Correction 1 mix, 3 burns
3
$140
$420
CSBC/CSTC Acceptance Testing (FF, SE, GS) at WSDOT Intervals (2 initial sources, then 1 after)
4
$340
$1,360
Gravel Borrow Acceptance Testing GS, SE at WSDOT Intervals 2 initial sources, then one after
5
$285
$1,425
GB for Walls, PZB, Sand for JUT (GS, SE) (2 initial sources, then one after)
5
$285
$1,425
Proctor Tests on All Materials to be Compacted
9
$280
$2,520
HMA Aggregate Acceptance (Voids, FF, SE) (1 mix design)
1
$305
$305
Bitumen Content by Extraction with Gradation of Aggregate 2 samples)
2
$180
$360
Maximum Theoretical Specific Gravity of HMA (Rice Density) (2 samples)
2
$140
$280
Concrete Aggregate Acceptance 2 mixes x 2 aggregates x 2 sources Gradation
8
$180
$1,440
Concrete Compressive Strength Testing (22 sets x 4 per set)
88
$30
$2 640
LABORATORY TOTAL:
EXPENSES:
EXPENSE
DESCRIPTION
Total
Cost
Nuclear Gauge Rental ($40/da ), assuming 14 days
$560
Thin Lift HMA Testing) Nuclear Gauge Rental $60/da , assuming 2 days
$120
Mileage to and from the job site for all inspections/pickups at IRS mileage rate (60 trips)
$2,325
Mileage for HMA, concrete aggregate, and imported aggregate sampling, assuming 10 trips
$450
EXPENSE TOTAL:
ESTIMATED PROJECT TOTALS AND SUMMARY:
Total Labor Cost
Laboratory Testing
Direct Expenses
ESTIMATED PROJECT TOTAL:
$3,455
$34,667
$12,175
$3,455
$50,297
$12 175
Assumptions:
1. These estimates may require adjustment due to the Contractor's rate of construction, weather delays, source changes and/or other factors beyond our control.
2. The HWA PM reserves the right to shift hours between the various subtasks as required.
3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues.
4. This cost estimate assumes that the sampled/tested aggregate will be the same that is used between all Schedules
5. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed.
6. All night work is charged at an 8 hour minimum segment. Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs.
7. All weekend work is charged at an 4 hour minimum segment. Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs.
8. 3000psi, Commercial, and concrete for sidewalks and thrust blocks will not be tested.
9. This cost estimate assumes temporary HMA (trench patching, etc) will not be tested.
10. This cost estimate assumes Special Inspection (rebar) will be performed by others. HWA is not WABO certified for Structural Concrete
76th Avenue S - North Segment
2 of 2
HWA GeoSciences Inc.
Packet Pg. 115
8.J.a
Agreement: City of Kent 76Th Ave South - North Segment
HWA
All Inclusive
Direct Labor
2022
Hourly Billing
Fee NTE
Job Classifications
Hourly Billing
Overhead Rate
Rate Effective
30% DSC
Rate NTE
208.31
Through
12/31/22
Engineer VII
$
78.00
208.31%
30%
$ 263.88
Geol V
$
48.50
208.31%
30%
$ 164.07
Geolll
$
28.00
208.31%
30%
$ 94.73
Contracts
$
41.00
208.31%
30%
$ 138.70
r
Q
Packet Pg. 116
8.J.a
Jimale Technical Services
76th Ave South North Segment
Agency City of Kent
Prime Consultant KBA
Packet Pg. 117
8.J.a
Agreement: City of Kent 76Th Ave South - North Segment
Jimale Technical Services
All Inclusive
Direct Labor
2022
Fee NTE
Hourly Billing
Job Classifications
Hourly Billing
Overhead Rate
10% of DSC +
Rate Effective
Rate NTE
116.13%
OH
Through
12/31/22
Project Admin
Sr. Project Admin/Quality Controls $
45.10 116.13% 10% $ 107.22
41.03 116.13% 10% $ 97.55
Packet Pg. 118
8.J.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
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8.J.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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8.J.a
Exhibit G
Exhibit G-1(a)
Exhibit G-1(b)
Exhibit G-2
Exhibit G-3
Exhibit G-4
Certification Document
Certification of Consultant
Certification of Agency Official
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data
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8.J.a
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KBA, Inc.
whose address is
11201 SE 8th Street, Suite 160, Bellevue, WA 98004
and that neither the above firm nor I have
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (if any);
I acknowledge that this certificate is to be furnished to the
Clty Of Kent
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Offidal of Consultant) Date
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Exhibit G-1(b) Certification of City of Kent
8.J.a
I hereby certify that I am the:
❑x
❑ Other
of the City of Kent
and KBA, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; o
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the City of Kent
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
a)
Signature Date W
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8.J.a
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
L The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
KBA, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
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8.J.a
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub -contracts, which exceed
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
KBA, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consutant) Date
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8.J.a
Exhibit J
Consultant Claim Procedure:
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to theAgency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the
additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the z
Agency's project manager. The project manager will review the consultant's claim and will met with theto
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the M
Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds. E
a�
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs a
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, a
including backup documentation to the consultant to either supplement the agreement, or create a new CO
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
a
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
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8.J.a
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
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8.K
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Appointment of Kelly Spreitzer to the Kent Arts
Commission - Confirm
MOTION: I move to confirm the Mayor's appointment of Kelly Spreitzer to
fill a vacated position on the Kent Arts Commission that will expire on
November 15, 2025, after which time, Spreitzer will be eligible to serve
two full 4-year terms.
SUMMARY: Founded by City Ordinance in 1975, the Kent Arts Commission
promotes cultural programs and provides citizen input to the planning of arts and
cultural activities. The mission of the Arts Commission is to provide leadership in
establishing cultural opportunities and arts education, to improve the quality of life
and enhance the aesthetic environment, and to promote Kent as a center for great
arts. Kent Parks, Recreation and Community Services staff provides all staff
support to this group. Major programs include: An extensive public art program, an
active performing arts program, two grant programs, and several community
events and festivals. The Commission also offers free or low-cost community
workshops and school residencies in conjunction with many performances and
visual arts programs.
An extensive recruitment process within the last calendar year included promotion
on the City's webpage, social media posts, and inclusion in the Parks Department's
and Mayor's newsletters. Staff also sent notification of commissioner openings
directly to existing board commission members, the full database of recent
applicants, Cultural Community board members, the Kent Chamber of Commerce,
and the Kent Downtown Partnership.
For this vacancy, staff selected three qualified applicants from the recent pool for
interviews with the Cultural Programs Manager and current Arts Commission chair.
Kelly Spreitzer was selected to be appointed.
Kelly Spreitzer is the Director of Sales and Marketing for accesso ShoWare Center.
She is interested in serving on the Kent Arts Commission because she sees public
art as an economic impact driver for Kent and wants to make a difference in the
community. Kelly attended college for studio art and business administration with
an emphasis on marketing.
Packet Pg. 128
8.K
I am pleased to recommend appointment of Kelly Spreitzer to the Kent Arts
Commission to complete the vacated term ending on November 15, 2025.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 129
8.L
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Appointment of Sandra Pearce to the Kent Arts
Commission - Confirm
MOTION: I move to confirm the Mayor's appointment of Sandra Pearce to a
four-year term as an alternate on the Kent Arts Commission. The term will
begin on September 6, 2022 and expire on September 5, 2026.
SUMMARY: Founded by City Ordinance in 1975, the Kent Arts Commission
promotes cultural programs and provides citizen input to the planning of arts and
cultural activities. The mission of the Arts Commission is to provide leadership in
establishing cultural opportunities and arts education, to improve the quality of life
and enhance the aesthetic environment, and to promote Kent as a center for great
arts. Kent Parks, Recreation and Community Services staff provides all staff
support to this group. Major programs include: An extensive public art program, an
active performing arts program, two grant programs, and several community
events and festivals. The Commission also offers free or low-cost community
workshops and school residencies in conjunction with many performances and
visual arts programs.
An extensive recruitment process within the last calendar year included promotion
on the City's webpage, social media posts, and inclusion in the Parks Department's
and Mayor's newsletters. Staff also sent notification of commissioner openings
directly to existing board commission members, the full database of recent
applicants, Cultural Community board members, the Kent Chamber of Commerce,
and the Kent Downtown Partnership.
For this alternate position, staff selected three qualified applicants from the recent
pool for interviews with the Cultural Programs Manager and current Arts
Commission chair. Sandra Pearce was selected to be appointed as the alternate
Commissioner.
Sandra Pearce served as an Arts Commissioner for the City of Sammamish before
moving to Kent. She now lives in a Kent zip code on the borders of Kent, Maple
Valley, and Black Diamond. Sandra has significant experience working with other
board members in her roles on the Sammamish Arts Commission and as a board
member for Northwest Chorale.
Packet Pg. 130
8.L
I am pleased to recommend appointment of Sandra Pearce to the Kent Arts
Commission as an Alternate Commissioner for a four-year term beginning on
September 6, 2022 and expiring on September 5, 2026. (If an alternate becomes a
regular Commissioner, that individual's term begins anew.)
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 131
8.M
•
KENT
*A S M IN G T O N
DATE: September 6, 2022
TO: Kent City Council
SUBJECT: Accept the 2022 Crack Sealing Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the 2022 Crack Sealing
Project as complete and release retainage to Huizenga Enterprises, LLC
upon receipt of standard releases from the State and the release of any
liens.
SUMMARY: This project included application of crack sealing material on various
streets, Citywide. The purpose of this treatment is to seal minor cracks in existing
pavement to prevent infiltration of water, which will preserve the pavement in the
short-term and extend its useful life.
The final contract total paid was $120,159.42 which is $38,830.58 under the
original contract amount of $158,990.
BUDGET IMPACT: This project was paid for using revenue from the B&O Fund and
Solid Waste Utility Fund.
SUPPORTS STRATEGIC PLAN GOAL:
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.
Packet Pg. 132