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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 01/05/2021^*4 KENT CITY COUNCIL AGENDA • Tuesday, January 5, 2021 KENT 7:00 PM wa 5H I NGTGN THIS IS A REMOTE MEETING Due to COVID-19 and Health Safety Requirements, and by Order of the Governor, this is a remote meeting. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, 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 914 1907 3395 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month B. Community Events C. Economic and Community Development Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmember's Reports City Council Meeting City Council Regular Meeting January 5, 2021 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkpKentWA.aov. 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 Mayor6DKentWA.aov and CityCouncilOKentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Dec 8, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Dec 8, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Special Meeting - Dec 15, 2020 4:00 PM B. Statement of Support for Washington Residents and Families Adversely Affected by Farm Bills in India - Resolution - Adopt C. South 212th Street Overlay (Green River Bridge to Orillia Road/City limits) - Puget Sound Regional Council Grant Acceptance - Authorize D. Interagency Agreement between King County and the City of Kent Relating to the Solid Waste Division/Waste Reduction and Recycling Grant - Authorize E. Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize F. Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize G. Utility Relocation Agreement between the Covington Water District and City of Kent for the Rock Creek Culvert Replacement at Summit Landsburg Road Project - Authorize H. Interlocal Agreement between the City of Kent and Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement Project - Authorize I. Accept the Midway Creek Bridge Repair/Frager Road Project as Complete - Authorize J. Accept the Kent Valley Signal System Upgrade Project as Complete - Authorize City Council Meeting City Council Regular Meeting January 5, 2021 K. Accept Downey Farmstead Restoration Phase 3 Excavation and Habitat Structure Installation Project as Complete - Authorize 9. OTHER BUSINESS 10. BIDS A. Riverbend Driving Range Phase III: Building Addition and Remodel Bid - Awa rd 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 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. 5.B Administration • We've started work on the 2021 City Council retreat agenda. While the retreat is scheduled for Friday -Saturday, February 5- 6, we're not sure about the format because we won't know until at least mid -January whether in -person meetings will be allowed in February. • We look forward to the Washington State Legislature's 2021 session, which starts on January 11. The Mayor, CAO, and lobbyist Briahna Murray have met with Kent -area state legislators to review the City's legislative priorities and budget requests. Thank you to the staff who helped create our legislative documents. • I wish everyone a very Happy New Year and greatly appreciate everyone's service during a challenging 2020. The first half of 2021 is also going to be challenging but there are bright days ahead. Clerk's Office • During 2020, the City Clerk's Office responded to over 6,700 public records requests, there were 21,936 minutes of body worn camera footage reviewed for redactions, and over 611,799 emails were reviewed for responsive records. • In addition to preparing and distributing the agendas and minutes for 75 City Council/Workshop/Committee of the Whole meetings, the clerk processed 91 claims for damage and processed 48 ordinances/resolutions. Communications • Pop Up events: 7 Mask Pop-up Events, 15k Hand Sanitizers and 40k Masks distributed • For all Boards and Commissions openings, Communications will advertise on all social platforms. This will make it easier for others to share, post and increase awareness. • Holiday cheer throughout the month: • Annual Tree Lighting at Town Square Plaza with Parks • Storytime with Santa and Friends • Eli the Elf on the Shelf • Shop with a Cop • Senior Resident Holiday Drive -By Federal Way Link Extension Construction is well underway, particularly in the KDM station area. Most utilities have been relocated, all columns west of 30t" Ave S. have been constructed and column caps are now being constructed. • Permitting is on -going for several packages. All but one permit package for the light rail project have at least the 90% review package submitted. Our permit team will continue to work with Sound Transit and Kiewit throughout construction of the "design -build" project. • The haul route plan has been revised to include S. 2591" Street which requires an overlay at the conclusion of the project between Pacific Hwy and I-5. Economic Development • Economic development reviewed performance and began negotiations on Page 1 of 10 Packet Pg. 4 5.B next year's contract with Green River College for Small Business Development and work planned for 2021. • Economic development is also supporting the establishment of other strategic partnerships for Green River College, including: with the Day One Foundation which is promising to build a network of preschools and child care centers region wide to support continuing education for parents; and also with the Washington Space Consortium —a NASA affiliated network of industry leaders and educators promoting science, technology, engineering, and math to disadvantaged students across the Pacific Northwest through the glamour of space exploration. • Following up on the review panel's selection of Avenue 55 for the Naden Avenue Assemblage, Economic development presented a reworked draft memorandum of understanding contract to Avenue 55. • Economic development continues to convene members of Sound Transit, King County and Port of Seattle to discuss and promote interjurisdictional partnerships to improve development on Kent's West Hill near Highline College. Rental Housing Inspection Program • 2020 has been a challenging but productive year for RHIP. Despite delaying the program start until September 1st due to coronavirus restrictions, 56 of the 83 rental properties in West Hill & West Valley have completed or scheduled inspections so far. Thirty-six of those are awaiting inspection results or review, four are awaiting submittal of missing information, and 14 are working on repairs to address health/safety issues found during the inspections. Given the late program start and recognizing the financial challenges many landlords are facing during these times, we are utilizing a "provisional certification" to allow properties who repair the most pressing safety items to renew their business license, and giving them until the end of 2021 to repair less pressing items in order to renew their license the following year. Development Engineering • Engineering staff continue to work with Kelly Peterson on permit review of the Federal Way Link Extension project for Sound Transit. • Permit review on redevelopment plans for the Kent Space Center civil construction permits is nearly complete. • Staff continue participating in Amanda development meetings to refine the product to meet the needs of staff and our customers. • Engineers are reviewing permits and plans for many new distribution warehouse projects. • Staff are also reviewing the first ever small cell permits in Kent which will improve WiFi service for the customers of the small cell providers. • In addition to permit review fees, to date in 2020, development engineering reviewed permits that generated the following impact fees and system development charges: transportation impact fees - $1,568,660.25; Water System development charges - $1,116,842.12; drainage system development charges - $910,339.88. • The Finance Department completed two year-end training sessions. Approximately 55 department staff members who process financial transactions were in attending for the training. Work is underway for processing 2020 year-end transactions and preparing for 2021. • The State Auditor's Office will be issuing the City's 1999 Single Audit (Grant Audit) report and completing the filing with the Federal Clearinghouse before the December 31, 2020 due date. • Finance continues to work through some post implementation items with TransformAP. • The utility rate discounts for the City of Kent Lifeline program will change from a flat rate to a percentage rate discount starting in January 2021. Customers on this program will see a 60% reduction on their City of Kent water and sewer fees and Page 2 of 10 Packet Pg. 5 5.6 a 90% reduction on storm drainage fees. Many customers will see a slight decrease compared to the rates they currently receive on this program. Changing the rate on this program to a percentage discount will benefit both the residents that utilize the program and the staff that administer the program. This change will be noted on the 2021 rate brochure that goes out in the January utility statements. Additional outreach about this program is planned for 2021. • The City of Kent worked with Multi -Service Center (MSC) to create a utility assistance program funded by CARES Act funding. Over $17,500 in direct utility assistance for water, sewer and storm drainage charges were awarded to 32 Kent residents. • The Workday Project is officially live as of December 16, 2020. The entire implementation team has truly worked hard together to make this implementation a success. Throughout this process the payroll team has simultaneously ensured the regular payrolls are processed timely. The team is working closely with Human Resources, Information Technology, employees, managers and department liaisons to promptly answer questions as they arise. • With the final payroll completed for 2020, the Payroll Team is reviewing employee level details for year-end reporting (W2s). • The City was awarded $5.841m from the Washington State Department of Commerce to pay for COVID-19 related costs that occurred from March 1st thru November 30th. To date, the State has reimbursed the City for 94% of those expenditures and we should see the remaining reimbursement soon. All • Workday is LIVE! - 12/16/20 - Ongoing, detailed training regarding Workday processes and procedures along with video tutorials and job aides • Race & Equity required training for employees will be available in January and accessed through NeoGov. Benefits • COVID-19 cases and contact traces Labor • Discuss AFSCME Corrections Transport MOU Recruit • Completed the written test for Sr. Financial Analyst in Finance on December 18. Invites for interviews on January 6, 2021 have been sent. • Financial Services Supervisor closes for applications on December 28, 2020. • Second interviews for the MW IV in Parks a are scheduled for December 29, 2020 • Converting new hires from NEOGOV into Workday. - U • Interviews for Civil Engineer II were held ; on December 22, 2020. L) • Preparing to open temporary recruitments E for limited -hour positions in Workday. ° • Auditing current city policies and preparing to make updates/revisions as needed. a • Records Specialist that closes December 23, 2020 with assessment testing for the second week of January. 0 n_ Information Technology Projects • Phone System Upgrade Phase II - deploy the City's next voice over IP system ensuring modern day business system compatibility. • Asset and workorder replacement (Cityworks) - the project will replace the Cities current end of life asset management system. This project will identify, procure, and implement a new asset management system incorporating the industry's GIS and inventory management advancements. Information Technology operational support for December 13, 2020 to December 22, 2020 • Number of tickets opened - 210 • Number of tickets closed - 281 Enterprise GIS General • Deploying Esri GIS software installs and training to staff care laptops • Inventory of data on KentGeoPortal environment • Continue to update and normalize city addressing database Page 3 of 10 Packet Pg. 6 5.6 • Working with PW Operations on See Click Fix Webmapping issues • Esri advantage program for rearchitecting of the GIS Enterprise system contract to be finalized • Enterprise GIS ticketing system for customer intake of requests is in testing phase Weekly Customer Service Requests: • Transferring Connect Explorer updates from PW to IT • Working with Police on the SafeCam web application • Transferring GIS monthly update to Enterprise GIS • Assisted Finance regarding assessment of square footage tax component to the City's business and occupation tax when businesses are exempt from the gross receipts component. • Continued to assist and advise City staff concerning implications of the International Building Code with Sound Transit's construction of its light rail guideway. • Assisted the jail with negotiation of a contract extension to continue inmate food services. • Assisted in drafting and negotiating a water and sewer franchise with Soos Creek Water and Sewer District. • Continued to assist the Clerk's office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk's Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Virtual eSports added a new tournament this month with included rocket league in our catalog of games. Eight new participants played in a round-robin tournament. Received great feedback from players and hope to continue to grow in upcoming tournaments. We also ran another successful Mario Kart tournament with returning and new players that was highly competitive and fun. • Staff continue to work daily with a variety of community groups distributing food to those in need throughout the City of Kent. Since March 27, 2020 it is estimated that 7.1 million lbs. of food have been handed out to families in Kent. • Parks Staff, in partnership with PSESD, Afterschool All -Stars and the Kent School District held their first, "Zoom Family Cooking Night" in December. Ten families from Meeker and Mill Creek Middle Schools received boxes of food supplies provided by PSESD along with recipes to be used in the cooking event. Kent Parks staff filmed live from the kitchen at the Kent Commons as they instructed families in the art of making vegetable fettuccini. Families made fresh pasta from scratch, roasted vegetables in the oven and then made their own homemade alfredo sauce. The highlight of the evening was when each family showcased their completed dishes for all the other "chefs" to see. Families reported that they loved the opportunity to learn new cooking skills and gain nutritional knowledge. The next scheduled family cooking night in January of 2021 will feature pad Thai. • Adaptive Recreation is working on the rollout of virtual programming starting with yoga and relaxation in mid -January 2021. An online survey was conducted for adaptive participants to prioritize their interests in various virtual programming. • Senior Center staff and invaluable volunteers continue to pack and deliver over 2000 meals a month for Kent Meals on Wheels Clients. Additional freezers have expanded our ability to add more clients to the program. • The Senior Center is providing unique and interesting "brain teaser" activities twice a month. These activities are designed to co c U 0 U E 0 N 0 a a� Page 4 of 10 Packet Pg. 7 5.6 help keep the brain sharp during this time Silver Linings." Deadline for submissions is of isolation. December 31. • Cultural Programs staff presented the 34th Holiday STEAM activities bags were a sell - annual Magical Strings Celtic Yuletide out hit. Thirty-five bags including fun and concert as a virtual Spotlight Series festive arts, crafts, and science projects experience. We pre-recorded the concert went out to kids in the community. on November 30 at the Kent Commons and Following the same theme, the Senior webcasted the performance on the Center offered cookie decorating kits regularly scheduled date of Sunday, containing ready to decorate cookies and December 6 at 3 p.m. We sold 156 tickets, all the supplies necessary to create each which means that we likely had our usual participant's own holiday confectionary sell -out number of people watching (350) masterpieces. The senior decorating kits or maybe even more considering that a also sold -out. a whole family only needed one ticket to co view the concert. The chat section of the • • streaming platform was filled with positive and appreciative comments. Staff Changes - • We were pleased to partner with gospel Hiring/Retirement/Recruitment/ Leaves/ 0 U icons the Blind Boys of Alabama to offer Promotions E access to a special holiday livestream • Caitlynn Denny left us to move out of state ,2 performance on December 23. A portion of on October 30. each ticket sold benefited Spotlight Series. • Susan Turley, Evidence Custodian, retired a • The Recreation Division produced "Candy on November 30 after 23 years of service. � Cane Lane," a free drive -through Significant crime activities/arrests V_ opportunity to see Santa on Saturday, /investigations a December 12 from 4:00 to 7:00 p.m. in On December 4, at 3:16 am, officers the Kent Ice Centre lower parking lot. responded to a fire assist in the 20200 ) Nearly 1,500 kids had the opportunity to block of 92nd Ave S. The fire started in a see Santa, enjoy festive holiday vehicle in the driveway then spread to the o decorations, and drop off their Christmas house. Puget Sound Regional Fire Authority > wish letters. Each child who provided a and Renton Regional Fire Authority Z mailing address will receive a letter back responded and put out the blaze. All from Santa. Kids also received a cup with occupants were evacuated. The Red Cross 'E hot cocoa mix, a candy cane, and a light- handled temporary housing for the up reindeer nose. displaced family. a • The popular annual Christmas Rush Fun On December 5, at 12:36 pm, a subject w °' Run took place virtually, December 12-19. was arrested after stealing a running 2006 u More than 100 people registered to Chevrolet Silverado from the parking lot of c participate by running the course on their the Sunset Motel. Several citizens calledcc own schedule and submitting their results. 911 to report the suspect was driving Many people sent fun and festive photos of through red lights, driving on sidewalks, themselves and their families completing and into oncoming lanes of travel. The E the event. suspect ended up driving behind the Rite U • We are currently accepting qualifications Aid, where his vehicle was disabled using a from artists for a downtown rotating mural Displacement and PIT. The suspect was program in partnership with the Kent high on meth and had a Felony Warrant for Downtown Partnership. The entry deadline Robbery 1. is January 8 and artists can apply at On December 10, at 9:08 am, a suspect at https://artist.callforentry.org/festivals uniq Island Park Apartments was actively ue info.php?ID=8219 assaulting his 14-year-old daughter who • Nearly 30 entries have been received for was protecting her 2 and 4-year-old the online Kent Creates exhibit - "2020 - brothers. The suspect was high on PCP and Page 5 of 10 Packet Pg. 8 5.6 the 14-year-old was Facetiming her aunt who was viewing the assault. The aunt responded and called 911 while on the way. When Officers arrived the aunt and three kids were inside the apartment with the suspect and he was actively preventing them from leaving by blocking their way and saying he was not going to let them leave. Officers contacted the suspect and after a struggle in a narrow doorway, he was handcuffed and arrested for assault 4 DV, MM3 DV, obstructing, and unlawful imprisonment. On December 10, KPD officer spotted an occupied stolen vehicle that took off from him a day prior. The vehicle again took off from him, but this time stop sticks were successful. The driver bailed from the car, it hit a parked vehicle, and came to a crashing stop at a steep embankment. A K9 track resulted in locating the suspect hidden inside of a vehicle. He was taken into custody without incident. On December 10, at 1:18 pm, KPD officers contacted a subject with severe mental health issues regarding walking into nearby businesses partially naked and not making much sense. Officers contacted her inside her apartment. There was not enough to involuntarily commit her at that point. About two hours later she lit fires inside her apartment which caused the evacuation of the other five apartments in the building. Puget Sound Regional Fire Authority responded. Nobody was injured and she was sent for a medical evaluation. On December 11, at 2:37 pm, a male suspect entered the Smoke Shop at 20422 SE 2561" St, shot a customer in the back and then fled on foot. The victim was taken to Harborview Medical Center with critical injuries. The suspect is unknown. On December 16, at 8:49 pm, a victim called 911 to report that a bullet came through their residence window and lodged into their computer screen. In looking at the trajectory, it was likely that the shot fired came from the apartments just west of the victim's residence. Patrol made checks and observed unit #11, upstairs window, to have 3 bullet holes on the west facing toward the victim's residence. Officers were able to tactically get to a position to look inside the alleged suspects window. They observed someone seated on the floor, with a rifle next to them. The subject inside opened the window, proceeded to yell at officers and then turned out the lights. On -duty SWAT rescue vehicle came to the scene, PA announcements made, three subjects detained, two of which were juveniles. A search warrant was served and a rifle along with various ammunition was located inside. • On December 16, at 11:28 pm officers were dispatched to several reports of an unconscious subject lying in the roadway in the 25400 block of 104t" Avenue. Officers found the victim suffering from a single gunshot wound to the upper thigh/hip area. The victim sustained heavy blood loss. Officers were able to follow a blood trail into the parking lot of the Money Tree where several casings were located. CPR was started at the scene by medics and eventually transport was made to Harborview where he underwent surgery and is listed in critical condition but stable. Events and awards • Letters of Commendation: o On September 7, 2020, Corrections Officer John Morasco was alerted to an inmate having a medical issue. Corrections Officer Morasco responded to the top -tier of C-Unit and found Inmate Hefa unresponsive, with abnormal breathing and barely open eyes. Corrections Officer Morasco requested Nurse Santiago and called a medical code over his radio. Nurse Santiago checked for a pulse and told Corrections Officer Morasco to call 911. Nurse Santiago started CPR and Corrections Officer Ryan Armstrong applied AED pads to Inmate Hefa which advised no shock. Corrections Officer Armstrong used Narcan twice in attempts to revive Inmate Hefa. Inmate Hefa had no pupil reaction in either eye. Corrections Officer Morosco took over CPR for approximately 6 minutes and then Corrections Officer Armstrong continued until Puget Sound Regional c U 0 U 0 N 0 a a� Page 6 of 10 Packet Pg. 9 5.6 Fire Authority arrived and instructed him to stop CPR. King County Fire/Aid took over the scene and were able to get a pulse on Inmate Hefa. Inmate Hefa became responsive and eventually was able to walk down the stairs to the gurney for transportation to Valley Medical Center. Corrections Sergeant James Chapman was the assigned Control Room Officer and facilitated all of the requests to ensure all help needed was received. Corrections Sergeant Chapman was commended for being instrumental in the successful lifesaving efforts that resulted in the victim being transported to Valley Medical Center for further emergency treatment. These actions and compassionate service are in line with the highest standards and traditions of the Kent Police Department. On July 22, 2020, Corrections Officer Brandon Li went to C-15 and discovered Inmate Humphries with orange clothing tied tightly around his neck. Corrections Officer Li immediately radioed a "code" to C-Unit. Corrections Officers Brandon Li & Andrew Jackson untied Inmate Humphries and lowered him to the ground. When they could not locate a pulse, Corrections Officer Li began CPR. Corrections Sergeant Michael Armstrong arrived and advised Corrections Officers Li & Jackson to move Inmate Humphries to the dayroom to allow more space and the CPR continued. Corrections Sergeant James Chapman placed the AED pads onto Inmate Humphries chest and the machine stated no shock was advised. Corrections Sergeant Armstrong took over CPR while Corrections Officer Kenneth Holifield kept all other inmates in their cells and away from viewing. Corrections Officer Joel Langsea called 911 and relayed all the steps being taken to save inmate Humphries life. Puget Sound Regional Fire Authority and Medic One arrived and transported Inmate Humphries to Harborview Medical Center as he had a pulse. Unfortunately, all life saving measures did not work and Inmate Humphries passed away on Wednesday, July 29, 2020. Corrections Officers Kenneth Holifield, Brandon Li, Andrew Jackson, and Joel Langsea and Corrections Sergeants Michael Armstrong and James Chapman were commended for their quick response and teamwork to provide lifesaving efforts that resulted in the victim being transported to Harborview Medical Center for further emergency treatment. These actions and compassionate service are in line with the highest standards and traditions of the Kent Police Department. Land Survey/ PW GIS: • Land Survey field staff are staking on active capital improvement projects. Associated project utility as-builts being conducted for updating the city's GIS. Topographic design mapping for scheduled 2021 projects being completed as requested. • Land Survey office staff are completing 2020 staff evaluations. Office staff are reviewing project plans, calculating, mapping and writing legal descriptions for current and future capital projects. 2020 Aerial Flight capture is substantially complete and the acquired data will be processed after the new year starts. • GIS staff are supporting asset management software processes & updating data models. Staff continue fulfilling multiple Public Records Requests and entering CIP and private development project as-builts using the new data model templates. Construction: • 2281" St. Union Pacific Railroad Grade Separation Bridge and Roadway (Ph 5 of 5): Completed placement of NE1 wall moment slab Monday. Continuing with NE1 barrier wall forming. Moving to SE2 moment slab placement at corner of 6t" and 2281". Wilson placed north lane of west approach last week. Scheduled to place 2nd lane on this side tomorrow. Landscape co c U c 0 U E 0 N 0 a a� Page 7 of 10 Packet Pg. 10 5.6 subcontractor will be beginning irrigation and planting installation along trail between WVH and 72nd this week. UPRR removed grade crossing under bridge last week. Scarsella to demo and remove remaining asphalt at old crossing. Fencing subcontractor continues installation work. Totem Electric is working on conduit and light pole mounting details at barriers. The Interurban Trail is open for use, spotters are onsite to assist bicyclists and pedestrians as needed. Green River Natural Resource Area (GRNRA) South Stormwater Pump Station: Pumps are operational. Landscape work is ongoing as weather permits. Fence are scheduling to come back and complete installation of the fencing fabric. 125k reservoir recoating and fall protection improvements: all coatings are complete scaffolding takedown is ongoing and will be followed by site restoration and cleanup. Willis Street and 4th Ave S roundabout: electrical work for street and pedestrian lighting continues. Daytime lane closures are ongoing. Concrete flatwork, center artwork, sidewalk, ADA ramps are ongoing. Roadside restoration/grading ongoing. W Saar and W Willis will remain closed. 76th Avenue South improvements: 76th Ave one-way southbound temporary traffic is in place and will remain in effect for the duration of the project. Traffic routing will be alternating through the work zone until the last several concrete pours and driveway paves are complete. Concrete paving, landscape restoration, luminaire bases, electrical conduits, and driveway restoration work is ongoing. The final paving of the asphalt "ramps" to the new concrete paving grade will be completed in January after the holidays. Meet Me on Meeker (Russell - GRE) sidewalk improvements: sidewalk subgrade is being cut in this week. Irrigation piping and electrical conduit & junction box installation is ongoing. There will be no activity on site between the holidays. Design: • 212th East Valley Highway to 72nd: Plans completed and in review. Submitted funding package (including provisions) and PS&E checklist to WSDOT for review. Met with Communications group to refresh communication plan and prepare notification to businesses about upcoming project. • 2021 contracted overlays: PMP being prepared and kick-off meeting to be scheduled. Work on complete streets evaluation and associated estimates is underway. • Mill Creek at 76th Ave flood protection improvements: proceeding with 30% design. Received feedback from owner's representative acknowledging need for temporary driveway. Appraisal to be updated. Meeting held to discuss constructability and phasing opportunities. • 2021 Water Main Replacement(s): 30% plans and specifications distributed. Comments due Dec 29. Need further discussion regarding scope of work on Pioneer with respect to future Sound Transit project. • 224th mitigation & remediation: no further mowing on the site this year due to wet conditions. Prepared annual corps status report for the southern portion of the site. To be submitted by the end of the month. • Skyline sanitary sewer: coordinating with wetland consultant to perform field work. Wetland delineation work completed Dec 15. • 81st pump station and force main: consultant scope reviewed/comments sent back to consultant to finalize. Environmental: • Downey Farmstead habitat restoration project: The Governor's budget included funding in the floodplains by design grant program sufficient to fund Downey at its final ranked location on the grant list. We are coordinating with the Puget Sound Partnership on advocating for the project in the state budget, and are preparing for a virtual tour of the site with three state legislators on January 4th. • Clean Water Act: There is an illicit connection of a household sewer line to a c U 0 U E 0 N 0 a as Page 8 of 10 Packet Pg. 11 storm line in the Kam Singh Plat. Operations, construction, ECD, Legal, and Police have all been involved with this house. Env programs issued a Notice of Violation for the connection at the end of November. As of Dec 21, the issue is not corrected and a second NOV is on deck if the work is not accomplished by Jan 8. Streets: • Street maintenance crews will core for Engineering in the downtown core, grind sidewalks on SE 248th St, S 190th St, SR 515, and S 190th St, clean sidewalks on S 216th St, Canyon Dr, S 208th St, S 272nd St and 132nd Ave SE and clean traffic islands on E Smith St and Kent Kangley, sidewalk repair at 10618 Kent Kangley Rd. • Signs and markings crew install bases and replace signs for the retro reflectivity program on 132nd Ave SE and SE 253rd PI, install type three retro sign on 134th Ave SE, install bases on 79th Ave S, install bases and signs on S 192nd St and core and install bases and signs on W Harrison St. solid waste crew are removing debris and illegal signs on S 228th St, homeless camp removal at Washington Ave Bridge, and graffiti removal on the Don Wickstrom bridge. • Water vegetation crews will be clearing debris at East Hill well, West Hill sites, pump station #5, Clark Springs water main easement, Clark Springs fence lines, 212th treatment plant, 208th Well, Scenic Hill sites, Kent Springs Lower, pump station #2, Webster Park and Clark Springs Powerline access Rd. street vegetation crews will mow, blow leaves on connector paths, blow, rake and remove leaves along SE 256th St, weed prune, rake and remove litter from traffic islands, and empty the vegetation bin at the GRNRA. The sidearm crew will be mowing on SE 201st St, SE 202nd St, S 239th St, 116th Ave SE, 124th Ave SE, SE 248th St, SE 218th PI, 127th PI SE, Military Rd and Lake Fenwick Rd. The wetland mitigation crew will be planting and planting stakes at the Downey project, clean the GRNRA nursery and KOA planting project. The wetland maintenance crew will be mowing and line trimming at the Boeing ditch on S 212th St, ShoWare Center on 5.6 4th Ave N, FP wetland on 277th Ave S, fish ladder on 277th Ave S Winsberg Haven on SE 236th PI and SE 237th PI, 196th corridor wetland and remove garbage from the GRNRA bike path. The holding pond crew will be mowing and line trimming at Riverview on S 226th St, pond on Military Rd, Kent Des Moines pond on Pac Hwy, Kentwood on 45th Ave S, Muth on S 212th St, Adrian's Place on S 272nd St, Star Lake on S 272nd St, Parkside on 38th Ave S, short plat on S 203rd St, Cambridge holding pond on 46th Ave S, Randell Park a on S 261st St, Punjab plat on 35th PI S, Greenfield Park on S 272nd St, Birchwood Acres on SE 235th St, Laurel Spring tract E - U on 127th PI SE, Laurel Springs tract F on ; 132nd Ave SE, Clearwater Court on SE 0 202nd PL, Murphy's Landing on SE 202nd E PI, Panther Meadows on SE 194th PI, ,° Cottonwood Court on SE 212th St, Meagan's Meadows on 132nd Ave SE, a Wildwood Estates on SE 233rd St, Linda Crest on 124th Ave SE, SE 208th Phase II V- on SE 208th St, Falcon Crest on SE 219th a PI, Benson Meadows #2 on SE 222nd St, Benson Place on 109th Ave SE, East ) Benson Hill on 109th Ave SE, Panther Lake L Terrace on SE 204th St, Whitney Glen on o 124th Ave SE, Garrison Creek detention > facility of SE 220th St, Stone Pine on SE W 212th St, Stone Pine East on 105th PI SE, N Montera tract A on 116th Ave SE, West c Creek Meadows tract F on 116th Ave SE E and Garrison Glen on 102nd Ave SE. a Water: w °' • Water staff continue with maintenance U activities. Water main cleaning on Kent's c East Hill and hydrant exercising in the valley water system continue to move forward. Water main leak detection is underway from the Benson corridor, west c to Central Ave/Highway 167, and 232nd to u 277th. Crews are in the third year of a five- year long, 55 mile per year, project to find water leaks in the system that can't be seen from above ground. Storm/Sewer: • Storm crews will be extending a culvert at 708 E Dean St, repair a separated pipe at 4th Ave N and cleaning for 2021 overlays on S 228th St, W James St, 84th Ave S Page 9 of 10 Packet Pg. 12 5.B and 40th Ave S. The crew will also be performing National Pollutant Discharge Elimination System (NPDES) assessing on 59th PI S, 80th Ave S, 100th Ave 84th Ave S and S 200th St and pumping on 72nd Ave S and 124th Ave SE. • Sewer crews will perform change outs on the East Hill and West Hill, Frager Rd power shut off, Horseshoe Storm pump station angle drive pump maintenance, system flushing for overlays and TV inspection on the existing sewer and storm 2021 overlays. Fleet/Warehouse: • The Warehouse crew continues to maintain the shops yard keeping it clean and picked up and maintaining the wash rack, assisting with CDL training, issuing personal protection equipment (PPE's), issue hydrants and public notice boards to contractors, repairing small equipment as needed, receiving parts and inventory orders, send out 1st Quarter 2021 ductile pipe bids, compile yearly bid submittals and posting to stock or work orders. • Fleet crews will be working on prepping winter equipment, receiving new vehicles, receiving new sanders and plows, building a police training vehicle, scheduled and non-scheduled maintenance and City Space write ups. The radio shop is programing radios and setting up new vehicles. Page 10 of 10 Packet Pg. 13 8.A.1 40 KEN WAS M IN G 7 0 N Date: Time: Place: I. December 8, 2020 5:00 p.m. THIS IS A REMOTE MEETING CALL TO ORDER Approved City Council Workshop Workshop Regular Meeting Minutes December 8, 2020 Council President Troutner called the meeting to order. Attendee Name Toni Troutner Bill Boyce Title Council President Councilmember Status Present Present Arrived Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Dana Ralph Councilmember Mayor Present _ Present PRESENTATIONS Park Impact Fees Brian Levenhagen 45 MIN FCS Consultants Kent Parks, Recreation and Community Services Deputy Director, Brian Levenhagen provided a presentation on the Park Impact Fee Study. He started by reviewing the 2016 Council adopted Park and Open Space Plan and goals. Levenhagen then reviewed the funding sources for Parks Capital Budget. With the budget in mind, he noted that the majority of the current funding bucket is prioritized for overcoming the existing Parks Capital Maintenance backlog and that the Park Impact Fee would pay for growth, rather than the existing tax base. Levenhagen discussed the difference between the Park Impact Fee and a Fee -In -Lieu and noted that the Park Impact Fee would need to be integrated into the Kent City Code to ensure alignment with neighboring cities and market requirements. Members of the FCS Group provided a presentation on the Kent Parks and Recreation Impact Fee Study including a proposed fee schedule, funding plan and regional comparisons. Next steps would be to work with Economic and Community Development on how to work the Park Impact Fee into the current Development Code, continue work with FCS Group to refine specifics on the Park Impact Fee, Packet Pg. 14 8.A.1 City Council Workshop Workshop Regular December 8, 2020 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... adopt the Parks project list as a City Comp Plan Amendment and return to Council for an update at a future workshop. Councilmember Boyce inquired about working with the Kent School District as well as the Master Builders Association on this. Levenhagen indicated that they have a good working relationship with the school district, and during the Park and Open Space Plan update they plan on reengaging with the school district. He also noted that it was a very high-level conversation that was had with the Master Builders Association, but there will be more discussion with them as this progresses. Councilmember Larimer expressed her concerns about keeping things equitable and serving all populations with this new revenue source. Levenhagen indicated that it will be a part of the plan moving forward. 2 Levee Program Update Mike Mactutis 45 MIN. Environmental Engineering Manager, Mike Mactutis provided Council with a Green River Levee update. He reviewed a vicinity map and discussed the various projects that are underway from upper to lower Green River. Mactutis discussed the ongoing flood protection for both recreation and habitat in the surrounding area. Mactutis touched on the FEMA Accreditation and the areas that still require work in order to receive accreditation. He also discussed some of the habitat restoration that has been done in places such as the Downey Farmstead. Mactutis talked about future levee projects on the left bank, other levee reaches not yet raised to 500-year flood level as well as projects resulting from damage from past floods, in particular the February 2020 flood event. Mactutis reviewed the process for winter weather monitoring with the National Weather Service, US Army Corps of Engineers, US Geological Survey and King County and everything that goes into preparing for major events. Councilmember Boyce and Council President Troutner provided kudos to Mactutis on his passion and ability to educate the Council on such an important topic. Meeting ended at 6:18 p.m. Ki ley A. Komcto- City Clerk Page 2 of 2 Packet Pg. 15 8.A.2 Date: Time: Place: 1. 2. 3. KENT WAS M IN G 7 0 N December 8, 2020 7:00 p.m. THIS IS A REMOTE MEETING CALL TO ORDER Mayor Ralph called the meeting to order. ROLL CALL Approved Kent City Council City Council Regular Meeting Minutes December 8, 2020 Attendee Name _L Title Status Dana Ralph Mayor Present Toni Troutner Council President Present Arrived Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Councilmember Present Present Zandria Michaud AGENDA APPROVAL A. Move to approve the agende as presented RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition Councilmember Boyce wished Councilmember Thomas a very happy birthday. L Employee of the Month Mayor Ralph recognized Engineering Technician, Delores "Dee" Martindale as the City's December Employee of the Month. A. Community Events Council President Troutner discussed upcoming events: Candy Cane Lane, at drive-thru event at the Valley Ice Arena will be held on December 12th from 4-7 p.m. and a mask giveaway event will be at the North Meridian Park on c w 0 0 L Q 0. Packet Pg. 16 8.A.2 Kent City Council City Council Regular Meeting December 8, 2020 Minutes Kent, Washington December 19th from 12-2 p.m. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph noted she attended a meeting with the legislative delegation to discuss legislative priorities, which included legislators outside of Kent to work on streamlined sales tax. Multimedia put together an informative video about streamlined sales tax and it has been well -received. Mayor Ralph attended the virtual tree lighting last Saturday and thanked both the Lions Club for partnering with the City on it and Parks Operations Department for all of their hard work in putting it together. Mayor Ralph discussed the recent Puget Sound Regional Council Executive Board meeting where there was a panel moderated by Boeing and Alaska Airlines and was all about what travel will look like in the future. The belief is that it will not return to 2019 numbers until 2022-2024. Now is the time to double down on education and job readiness so that when we come out of pandemic, there are employees with the skills needed to enter the job force. Mayor Ralph also noted that the Governor extending current restrictions through January 4th and encouraged everyone to find ways to support local businesses. B. Chief Administrative Officer's Report Chief Administrative Officer Derek Matheson recognized Uriel Varela as the City's Interim Race and Equity Manager effective January 1, 2021. Matheson also expressed appreciation of directors and deputy directors on balancing the safety of the workforce while also providing services to the City during the COVID health emergency. C. Councilmember's Reports Council President Troutner provided a brief recap of the two workshop presentations from today - Park Impact Fees and an Update on the Green River Levee Program. Troutner serves on the Regional Law Safety and Justice Committee where they heard an update on Community Court and women in the criminal justice system. Additionally, Troutner serves on the Regional Transit Committee meeting that recently discussed changes for Metro service guidelines. Councilmember Michaud serves on Kent's Human Services Commission that c 0 0 a Page 2 of 7 Packet Pg. 17 8.A.2 Kent City Council City Council Regular Meeting December 8, 2020 Minutes Kent, Washington recently heard an update on the King County Climate Action Plan focusing on public health disparities, especially in Kent. Councilmember Kaur serves on the Growth Management Planning Council where they discussed updates on countywide planning policies. Councilmember Boyce serves on Sound Cities Association and recently attended the annual meeting. Councilmember Thomas serves on Puget Sound Regional Fire Authority where labor negotiations were discussed. Councilmember Fincher serves on King Conservation District where there c were a number of new members and much of the meeting was bringing everyone up to speed. She indicated that she was nominated as the Chair. o a 6. PUBLIC HEARING a None. a 7. PUBLIC COMMENT None. S. CONSENT CALENDAR Approve consent items A - J. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Nov 17, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Nov 17, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Special Meeting - Dec 1, 2020 4:00 PM B. Payment of Bills - Authorize MOTION: Approve the payments of bills received through 11/15/20 and paid on 11/15/20 and approve the checks issued for payroll 11/1/20-11/15/20 and paid on 11/20/20, all audited by the Committee of the Whole on December 1, 2020. Page 3 of 7 Packet Pg. 18 8.A.2 Kent City Council City Council Regular Meeting December 8, 2020 Minutes Kent, Washington C. Kent Correctional Facility Pharmacy Services Contract - Authorize MOTION: Authorize the Mayor to sign all necessary documents with Evergreen Pharmaceutical, LLC, doing business as Omnicare of Seattle, for pharmacy services, at the City of Kent Corrections Facility, subject to final terms and conditions acceptable to the Police Chief and City Attorney. D. Agreement with Summit Food Services for Inmate Food Services at the City of Kent Corrections Facility - Authorize MOTION: Authorize the Mayor to sign an agreement with Summit Food Services for inmate food service at the Kent Correctional Facility, in an amount not to exceed $472,430 0 annually, subject to final terms and conditions acceptable to the City Attorney and Police Chief. ° a E. West Hill Reservoir - Right -of -Way Dedication Correction a Ordinance - Adopt MOTION: Adopt Ordinance No. 4383, repealing Ordinance 4369 a 0 and authorizing the dedication of right-of-way on the West Hill ti Reservoir property necessary to complete the power N undergrounding project prior to construction of the West Hill N Reservoir. 00 F. Reappoint Jeff Piecewicz to the Public Facilities District Board - a� o Authorize 4- 0 MOTION: Approve the reappointment of Jeff Piecewicz to Cn Position Number 1 on the Public Facilities District Board, for a 4-year term that will expire on August 31, 2024. G. Consolidating Budget Adjustment Ordinance for Adjustments w between October 1, 2020 and November 30, 2020 - Adopt MOTION: Adopt Ordinance No. 4384, authorizing the Q consolidating budget adjustments made between October 1, 2020 and November 30, 2020, reflecting an overall budget increase of $29,728,149. H. Ordinance Authorizing the Transfer of Excess Local Improvement District Guaranty Funds to the General Fund - Adopt MOTION: Adopt Ordinance No. 4385, transferring excess funds from the Local Improvement District Guaranty Fund to the General Fund, as allowed by RCW 35.54.095. I. Amendments to Consultant Services Staffing Agreements - Authorize Page 4 of 7 Packet Pg. 19 8.A.2 Kent City Council City Council Regular Meeting Minutes P1 December 8, 2020 Kent, Washington MOTION: Authorize the Mayor to sign Amendments to Consultant Services Staffing Agreements with Scion Staffing Inc., Viri Technology LLC, Protingent Inc., and Robert Half International, Inc., in an amount that will not exceed the established budget for all IT temporary service contracts through December 31, 2021 of $1,250,000.00, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. J. Fifth Amendment to the Agreement for Indigent Defense Services - Authorize MOTION: Authorize the Mayor to sign the Fifth Amendment to the Agreement for Indigent Defense Services that extends the current contract for public defense services with Stewart, MacNichols and Harmell, Inc. P.S. through December 31, 2022, and increases the annual compensation due under the contract by an additional 2% in both 2021 and 2022, subject to final terms and conditions acceptable to the Parks Director and Mayor. OTHER BUSINESS A. Ordinances Amending KCC 13.01 and 14.01 - Building Codes - Adopt Deputy Director of Economic and Community Development, Matt Gilbert and Deputy Chief/Fire Marshall, Jon Napier provided the Council with details on the revisions to the ordinance amending the building and fire codes. They advised that during the last Committee of the Whole meeting, the Council was provided a detailed overview of the updates to the Kent City Code. Napier discussed the Fire Code updates that mostly deal with housekeeping, clarification of existing code provisions, the creation of two new operational permits as well as the regionalization of in -building radio requirements with other King County jurisdictions, PSERN and local radio operators. MOTION: Adopt Ordinance No. 4386 amending Chapter 13.01, and Ordinance No. 4387, amending Chapter 14.01 of the Kent City Code to adopt the 2018 editions of the International Building, Existing Building, Residential, Mechanical, Energy, Property Maintenance and Fire Codes, and the Uniform Plumbing Code, together with the City's local amendments to those codes as depicted in these ordinances, to revise Section 14.08.020 to refer to changes to the adopted codes, and to make other housekeeping amendments. Page 5 of 7 Packet Pg. 20 8.A.2 Kent City Council City Council Regular Meeting December 8, 2020 Minutes Kent, Washington RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 10. BIDS A. James Street and Second Avenue Pedestrian Crossing Bid - Award Public Works Design Engineer, Drew Holcomb provided a brief overview of the James Street and Second Avenue Pedestrian Crossing Bid and recommended awarding to Northwest Cascade, Inc. — MOTION: Award the James Street and Second Avenue Pedestrian Crossing Project to Northwest Cascade, Inc. in the a amount of $207,296 and authorize the Mayor to sign all a necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. a RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. West Hill Reservoir Bid - Award Public Works Design Engineer, Drew Holcomb provided a brief overview of the West Hill Reservoir bid and recommended awarding the project to T. Bailey Inc. MOTION: Award the West Hill Reservoir Project to T Bailey, Inc. in the amount of $8,485,756.40 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Page 6 of 7 Packet Pg. 21 8.A.2 Kent City Council City Council Regular Meeting Minutes Mayor Ralph adjourned the meeting. Meeting ended at 7:40 p.m. Y, -+n,iT Ley A. Kam ot( - City Clerk December 8, 2020 Kent, Washington Q Page 7 of 7 Packet Pg. 22 8.A.3 Date: Time: Place: 1. i1111111111111 3. KENT WAS M IN G 7 0 N December 15, 2020 4:04 p.m. THIS IS A REMOTE MEETING CALL TO ORDER Approved Kent City Council - Committee of the Whole Committee of the Whole - Special Meeting Minutes December 15, 2020 Council President Troutner called the meeting to order. ROLL CALL Attendee Name JL Title Toni Troutner Council President Status Arrived Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Dana Ralph Mayor Present Present AGENDA APPROVAL Chief Administrative Officer, Derek Matheson removed item 4.J Payment of Bills from the agenda. A. Approve the agenda as amended. RES LU T: ADOPTED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Ralph 4. DEPARTMENT PRESENTATIONS A. Statement of Support for Washington Residents and Families Adversely Affected by Farm Bills in India — Resolution — Adopt Councilmember Kaur presented a Resolution to Council. The Resolution is a statement of support declaring that the City Council stands in solidarity with Washington residents and their families who have been adversely affected by multiple farm bills in India. Councilmembers spoke in support of the Resolution. W c 0 0 a a a Packet Pg. 23 8.A.3 Kent City Council - Committee of the Whole December 15, 2020 Committee of the Whole - Special Meeting Kent, Washington Minutes Councilmember Thomas questioned the Council's authority to adopt this resolution and Matheson advised there is nothing prohibiting the Council from adopting this resolution. MOTION: Adopt Resolution No. 2020, declaring that the City Council stands in solidarity with those Washington residents and their families who have been adversely affected by the Farmers Produce Trade and Commerce Act, the Farmers Agreement on Price Assurance and Farm Services Act, and the Essential Commodities Act passed in India. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM B. Solicitation, Acceptance and Consideration of Applications for Vacant Board Positions - Resolution - Adopt Chief Administrative Officer, Derek Matheson presented to Council a Resolution to solicit, accept and consider applications from the community whenever there is a vacancy in a Council appointed board or commission position. The Resolution also requests that the Mayor do the same for vacant board or commission positions where Council confirmation is not required. Matheson provided a recap of the Council's request to advertise positions and consider term limits, even when the incumbent expresses a desire to continue serving. Councilmembers all expressed a desire to take some time to consider the provisions of the Resolution and discuss it further during the 2021 Council retreat. RESULT: MOTION: Adopt Resolution No. 2021 declaring the Council's intent to solicit, accept and consider applications from the community whenever there is a vacancy in a Council appointed board or commission position, and requesting the Mayor solicit, accept and consider applications for vacant board or commission positions before asking for Council confirmation where confirmation is required or before making a direct appointment to a board or commission position where council confirmation is not required. NO ACTION TAKEN C. South 212th Street Overlay (Green River Bridge to Orillia Road/City limits) — Puget Sound Regional Council Grant Acceptance - Authorize Q Page 2 of 6 Packet Pg. 24 8.A.3 Kent City Council - Committee of the Whole December 15, 2020 Committee of the Whole - Special Meeting Kent, Washington Minutes Public Works Design Engineer, Abdulnaser Almaroof provided a brief presentation on the South 212th Street Overlay project and requested Councils approval to accept $1.5 million in federal grants funds. The project consists of the asphalt overlay of South 212th Street between the Green River Bridge and Orillia Rd/City limits. City staff applied for federal construction funds through the Puget Sound Regional Council (PSRQ. The PSRC Executive Board voted in October to award the project $1.5 million of federal funds. The preliminary estimate of total project costs is $3 million. Any additional funds required will come from B&O funds. Three recycling events, new min -recycling events, a multi -family recycling program and product paint stewardship program will be funded with this grant. MOTION: Authorize the Mayor to accept federal grant funds in the amount of $1.5 million for the South 2121h Street Overlay (Green River Bridge to Orillia Road/City limits), amend the budget and authorize expenditure of the funds in accordance with the grant terms, and authorize the Mayor to sign all necessary documents subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM D. Interagency Agreement between King County and the City of Kent Relating to the Solid Waste Division/Waste Reduction and Recycling Grant - Authorize Tony Donati gave a presentation on the Interlocal agreement with King County for the Solid Waste division/Waste Reduction and Recycling Grant in the amount of $179,449 for 2021/2022. He indicated that this grant is used to fund the City's residential recycling collection events. He explained how these events allow the community to properly dispose of hard -to -recycle materials including appliances, electronics, mattresses, styrofoam, bulky yard debris, concrete, tires and more. Making these events free to the public improves access to recycling services. Donati also noted that the grant will fund waste reduction activities associated with the multi -family recycling program, specifically targeting senior living facilities. MOTION: Authorize the Mayor to sign an Interlocal Agreement between King County and the City of Kent relating to the Solid Waste Division/Waste Reduction and Recycling Grant, accept grant funds in the amount of $179,449, amend the budget, and authorize expenditures in accordance with the grant's terms, subject to grant final terms and conditions acceptable to the City Attorney and Public Works Director. Q Page 3 of 6 Packet Pg. 25 8.A.3 Kent City Council - Committee of the Whole December 15, 2020 Committee of the Whole - Special Meeting Kent, Washington Minutes RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM E. Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize Public Works Engineering Supervisor, Mark Madfai gave a brief presentation requesting Council approval to accept federal grant funds in the amount of $1,274,600 for the Meet Me on Meeker (Russell Road to GRE) project. Madfai discussed the Meet Me on Meeker project which includes a multimodal promenade on the south side of the street from Russell Road to the GRE development to the east, including a two-way shared use path, streetscape amenities, wider sidewalk, street trees and vegetated buffers, pedestrian -scale lighting, and curb extensions at the intersection with Russell Road. MOTION: Authorize the Mayor to accept federal grant funds in the amount of $1,274,600 for the Meet Me on Meeker (Russell Road to GRE) project, amend the budget, authorize the Mayor to sign all necessary documents and authorize expenditure of the funds in accordance with grant terms, subject to final grant terms and conditions acceptable to the City and Attorney and the Public Works Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM F. Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize Public Works Engineering Supervisor, Mark Madfai gave a brief presentation requesting Council approval to accept additional federal grant funds in the amount of $235,280 for the Meet Me on Meeker (Russell Road to GRE) project. MOTION: Authorize the Mayor to accept federal grant funds in the amount of $235,280 for the Meet Me on Meeker (Russell Road to GRE) project, amend the budget, authorize the Mayor to sign all necessary documents and authorize expenditure of the funds in accordance with grant terms, subject to final grant terms and conditions acceptable to the City Attorney and the Public Works Director. Q Page 4 of 6 Packet Pg. 26 8.A.3 Kent City Council - Committee of the Whole December 15, 2020 Committee of the Whole - Special Meeting Kent, Washington Minutes RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM G. Utility Relocation Agreement between the Covington Water District and City of Kent for the Rock Creek Culvert Replacement at Summit Landsburg Road Project - Authorize Public Works Environmental Engineer, Stephen Lincoln provided Council with a presentation on an interlcoal agreement with Covington Water District for utility relocation of water facilities owned and operated by the Covington Water District within Summit Landsburg Road. This agreement will allow the City to be reimbursed for the actual costs incurred during construction to relocate the Water District's facilities during the Rock Creek Culvert relocation project. MOTION: Authorize the Mayor to sign the Utility Relocation Agreement for the Summit Landsburg Road and Rock Creek Culvert Replacement Project between the City of Kent and Covington Water District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM H. Interlocal Agreement between the City of Kent and Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement Project - Authorize Public Works Environmental Engineer, Stephen Lincoln briefed Council on an interlocal agreement between the City of Kent and the Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert replacement project. This agreement will allow the City to be reimbursed for the actual costs incurred during construction to relocate the Water & Sewer District's facilities. This project is intended to remove a barrier to fish passage. The replacement project will consist of the removal of the existing culvert and construction of fish passable bridge and related habitat improvements. MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Q Page 5 of 6 Packet Pg. 27 8.A.3 Kent City Council - Committee of the Whole December 15, 2020 Committee of the Whole - Special Meeting Kent, Washington Minutes RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM I. INFO ONLY: Winter Weather Update Street and Vegetation Manager, Bill Thomas provide Council with an update on preparations for the winter 2020/2021 snow and ice response. He indicated that preparations for the winter start in late summer to early fall. Thomas reviewed the process for street closures and identified how important communication within their department, to other work groups ; (particularly the Kent Police Department) as well as out to the public. Thomas reviewed both the anti -ice map as well as the snow and ice — priority routes. 0 L Thomas closed his presentation by emphasizing the importance of being a prepared at home, in your car and at work. -- J. Payment of Bills - Authorize a 0 MOTION: Authorize the payment of bills. I RESULT: PULLED K. INFO ONLY: October Financial Report Senior Financial Analyst, Michelle Ferguson reviewed the October financial report with Council. 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 5:15 p.m. Ki,mb-eAey A. Ko-wwto- City Clerk Page 6 of 6 Packet Pg. 28 8.B KENT DATE: January 5, 2021 TO: Kent City Council SUBJECT: Statement of Support for Washington Residents and Families Adversely Affected by Farm Bills in India - Resolution - Adopt MOTION: Adopt Resolution No. 2020, declaring that the City Council stands in solidarity with those Washington residents and their families who have been adversely affected by the Farmers Produce Trade and Commerce Act, the Farmers Agreement on Price Assurance and Farm Services Act, and the Essential Commodities Act passed in India. SUMMARY: Councilmember Kaur brought this resolution before the City Council Committee of the Whole on December 15, 2020 for discussion. BUDGET IMPACT: None ATTACHMENTS: 1. Resolution Support - Farmers - India (PDF) 12/15/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 29 8.B.a RESOLUTION NO. 2020 A RESOLUTION of the City Council of the City of Kent, Washington, declaring that it stands in solidarity with those Washington residents and their families who have been adversely affected by the Farmers Produce Trade and Commerce Act, the Farmers Agreement on Price Assurance and Farm Services Act, and the Essential Commodities Act passed in India. RECITALS A. The State of Washington remains a proud farming community which understands and respects the contributions of farmers in feeding nations. B. The State of Washington is home to thousands of farmers who still own farmland in their ancestral countries. C. Numerous rallies have recently taken place across the State of Washington protesting three farming bills that were passed in India in September 2020, including the Farmers Produce Trade and Commerce Act, the Farmers Agreement on Price Assurance and Farm Services Act, and the Essential Commodities Act. The passing of the bills will result in the privatization of farmers markets in India and will adversely affect the financial situation of many Washingtonians and their families back home. 1 Support for Farmers in India Resolution Packet Pg. 30 8.B.a D. India's agriculture sector contributes nearly 15 percent of India's $2.9 trillion economy but employs nearly half of the country's 1.3 billion people. E. 86% of Indian farmers only own two or fewer acres of farmland with an average income of $1,400 per year and do not have the means to bargain with large, private corporations. F. Anti -farmer policies, debt, and a deteriorating financial status have led to 363,726 farmers and farm laborer's committing suicide between 1995 and 2019. G. Farmers have the right to demonstrate peacefully and the City Council condemns any police brutality occurring over protests of these bills in India. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recitals Incorporated. The above Recitals are incorporated into this Resolution and constitute findings of the Kent City Council. SECTION 2. - Support for Farmers. The Kent City Council stands in solidarity with those Washington residents and their families who have been adversely affected by the Farmers Produce Trade and Commerce Act, the Farmers Agreement on Price Assurance and Farm Services Act, and the Essential Commodities Act passed in India. 2 Support for Farmers in India Resolution M L a� E L M U_ 0 a r_ 0 0 U) M c a� E ca Q Packet Pg. 31 8.B.a SECTION 3, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY 90 January 5, 2021 Date Approved January 5, 2021 Date Adopted Support for Farmers in India Resolution Packet Pg. 32 8.0 KENT WASH IN G T O N DATE: January 5, 2021 TO: Kent City Council SUBJECT: South 212th Street Overlay (Green River Bridge to Orillia Road/City limits) - Puget Sound Regional Council Grant Acceptance - Authorize MOTION: Authorize the Mayor to accept federal grant funds in the amount of $1.5 million for the South 2121h Street Overlay (Green River Bridge to Orillia Road/City limits), amend the budget and authorize expenditure of the funds in accordance with the grant terms, and authorize the Mayor to sign all necessary documents subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: This project consists of the asphalt overlay of South 212' Street between the Green River Bridge and Orillia Rd/City limits. City staff applied for federal construction funds through the Puget Sound Regional Council (PSRC). The PSRC Executive Board voted in October to award the project $1.5 million of federal funds. The preliminary estimate of total project costs is $3 million. The project will also include related pavement repairs, pavement markings, and improvements to existing curb ramps to meet Americans with Disabilities Act requirements. BUDGET IMPACT: This will add $1.5 million of federal grant funding to the budget for this project. Any additional funds required will come from B&O funds. 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. Award Notification (PDF) 12/15/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS Packet Pg. 33 8.0 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 34 8.C.a Puget Sound October 29, 2020 Regional Council 1011 WESTERN AVENUE, SUITE 500 \\\ SEATTLE, WA 98104.1035 \\\ psrc.org \\\ 206.464.7090 The Honorable Dana Ralph City of Kent 220 Fourth Ave. S Kent, WA 98032 bell Gt Dear Mayor Ralph: Congratulations! I'm pleased to let you know that the City of Kent is receiving $1,500,000 in PSRC fun id ng for the following project(s): PROJECT AWARD AMOUNT FUNDING FUNDING SOURCE DEADLINE South 212th Street Preservation (Green River Bridge to Orillia Rd/Kent $1,500,000 FHWA June 1, 2024 City Limits The PSRC Executive Board voted in October to award federal funds to priority projects that will improve local and regional mobility. Final approval by the Governor and federal funding agencies is expected in early 2021. The projects are part of a $ 4.3 billion Regional Transportation Improvement Program for 2021-2024. This program includes transit expansion and maintenance projects, state highway improvements, bicycle and pedestrian facilities, and investments in city and county roads. Your project(s) performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. I also wanted to acknowledge the difficult times we're all living through and thank you and your team for continuing to provide essential services to your community and keep everyone safe during this public health emergency. I look forward to continuing to partner with you on efforts to help the region recover and thrive for the long term. , Sincerely, osh Brown Executive Director, Puget Sound Regional Council cc: Chad Bieren, Interim Director of Public Works Awe W"VL Of Packet Pg. 35 8.D KENT WASH IN G T O N DATE: January 5, 2021 TO: Kent City Council SUBJECT: Interagency Agreement between King County and the City of Kent Relating to the Solid Waste Division/Waste Reduction and Recycling Grant - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between King County and the City of Kent relating to the Solid Waste Division/Waste Reduction and Recycling Grant, accept grant funds in the amount of $179,449, amend the budget, and authorize expenditures in accordance with the grant's terms, subject to grant final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling grant is used to fund the City's residential recycling collection events. These events allow the community to properly dispose of hard -to -recycle materials including appliances, electronics, mattresses, styrofoam, bulky yard debris, concrete, tires and more. Making these events free to the public improves access to recycling services. The grant will also fund waste reduction activities associated with the multi -family recycling program, specifically targeting senior living facilities. Additionally, this grant will help promote and educate residents on the new Washington State Paint Product Stewardship Program. Like Washington State's other product stewardship programs (TV's, computer monitors, CFL lightbulbs and batteries), residents will have the ability to safely and properly recycle latex paint for free through local participating businesses. BUDGET IMPACT: The City will receive $179,449 in 2021/2022. No match is required. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 36 8.D Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Interagency Agreement (PDF) 12/15/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 37 8.D.a CPA # 6203483 INTERAGENCY AGREEMENT FOR 2021 and 2022 Between KING COUNTY and the CITY OF KENT This two-year Interagency Agreement "Agreement" is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as "Party" or "Parties." PREAMBLE King County and the City of Kent adopted the 2019 King County Comprehensive Solid Waste Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the Comp Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. Packet Pg. 38 8.D.a II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The Ci 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2021 and 2022 shall not exceed $179,449. 2. This Agreement provides for distribution of 2021 and 2022 grant funds to the City. However, grant funds are not available until January 1, 2021. 3. During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form determined by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless the City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. If backup documentation is submitted, SWD will not retain it. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by March 17, 2023. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by March 18, 2022 and March 17, 2023. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5t' working day of January 2022 and January 2023, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. Packet Pg. 39 8.D.a 4. If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5. The City shall be responsible for following all applicable Federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award, or contracting process. 6. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. Packet Pg. 40 8.D.a 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or "text provided courtesy of King County Solid Waste Division." 12. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 13. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 14. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the agreed upon areas listed in Exhibit A. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 15. This project shall be administered by Tony Donati, Conservation Coordinator, or designee. B. The County: The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by the city and is subject to the King County Council's budget approval process. Provided that the funds are allocated through the King County Council's budget approval process, grant funding to the City will include a base allocation of $10,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. Packet Pg. 41 8.D.a 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 4. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project Manager, King County Solid Waste Division, or designee. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2021 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2021, and shall terminate on June 30, 2023. The City shall not incur any new charges after December 31, 2022. However, if execution by either Party does not occur until after January 1, 2021, this Agreement allows for disbursement of grant funds to the City for County -approved programs initiated between January 1, 2021 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II.A of the Agreement. Packet Pg. 42 8.D.a IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Parry, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Parry may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City's execution of, performance of, or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Packet Pg. 43 8.D.a VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self -insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. Packet Pg. 44 XI. NOTICE 8.D.a Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: If to the City: Lucy Auster, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks Lucy.auster@kingcounty.gov Tony Donati, Conservation Coordinator, or a provided designee City of Kent 220 4th Avenue South Kent, WA 98032 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Kent Dana Ralph, Mayor Date King County M. Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive Date Packet Pg. 45 8.D.a Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent - 2021-2022 Scope of Work A. Basic Information 1. City of Kent 2. Grant Project Manager: Grant Contract Signer: 3. 2021-2022 Budget: B. Scope of Work Tony Donati, Conservation Coordinator City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - c: (206) 867-2739 o: (253) 856-5589 FAX - (253) 856-6500 Email - tdonati(ftentwa.gov Dana Ralph, Mayor City of Kent 220 4t" Ave. South Kent, WA 98032-5895 TEL: 253-856-5700 FAX: 253-856-6700 Email: dralph(ftentwa.gov $179,449.00 Task One: Recycling Collection Events A) Schedule - Events will be held each March, June, and October, 2021-2022 B) Activities • Total Number of Recycling Collection Events - Six (6) • Materials to be collected: • Appliances • Batteries • Household • Lead Acid • Bulky Yard Debris* • Cardboard • CFC Appliances • Concrete, Asphalt, Rock, and Brick** • Electronics • Mattresses • Porcelain Toilets and Sinks • Propane Tanks • Reusable Household Goods • Textiles Scrap Metal • Ferrous Packet Pg. 46 8.D.a • Non-ferrous • Scrap Wood* • Shredding • Styrofoam • Tires (March & October collection) * Collected in March ** Collected in June and October • The following educational materials will be distributed: • Information on City recycling programs • Educational materials produced by King County Solid Waste Division and Hazardous Waste Management Program • Other educational materials as appropriate Event Promotion: • Recycle event flyer will be posted on City website: KentWA.gov/TalkingTrash, detailing what residents can bring and giving credit to granting agencies funding the events. • Notices included in: • Event flyer mailed to 63,000 homes • City & Reporter Newspaper calendars • Kent Social Media (Facebook/Twitter) • Event flyer sent to Coordinators for distribution to: o Neighborhood Councils o Various email lists • Event flyers in brochure racks at Senior Center, Kent Commons, City Hall, and Centennial Center (once re -opened) • Event posted on King County website • Event dates included on Republic Services' annual calendar distributed to residents C) Performance Objectives: The City will promote the recycling events to Kent single-family and multi -family N residents in a variety of ways to ensure a good turnout, and contract with knowledgeable, experienced contractors to assist residents attending the events. In return, the City anticipates collecting 275-300 tons material from the local waste stream each year. a Benefits of diverting these recyclables from the waste stream include: ❑ Saving limited space in our area's last remaining landfill for actual garbage ❑ Conserving natural resources as collected materials are made into new products ❑ Saving water and energy that would otherwise have been used in extraction of c raw materials and in manufacturing E In the case of moderate risk waste, collecting and recycling this material helps protect health, the environment and wildlife from potential damage. The King a County's Hazardous Waste Program and Washington State Department of Ecology help pay to collect these materials. D) Impact Objectives 2 Packet Pg. 47 8.D.a By providing convenient and free collection at the March, June and October Recycling Events, not only does it provide equity for all, but Kent residents can help reduce the amount of environmentally damaging materials from finding their way to King County's last remaining landfill, local storm drains and waterways, and vacant properties. With a population of approximately 135,000 residents, the City of Kent has experienced increased volumes in residents attending recent recycling events. The City anticipates this trend to continue with approximately 3,000 households participating each year, resulting in approximately 300 tons of materials diverted -- from the waste stream for recycling per event. In addition to diverting materials from the waste stream, attracting residents to these ever -popular events provides an opportunity to distribute educational material on City and King County recycling programs, enhancing their knowledge and improving behavior in purchasing, handling, and disposal of recyclable materials. E) Evaluation Event reports will include: • Number of vehicles attending • Volume of each material collected • Event costs • Event summary write up Task Two: Mini Neighborhood Recycling Collection Events A) Schedule: In compliance with county and environmental regulations conduct ten - sixteen mini collection recycling events between 2021-2022. B) Activities: • Materials to be collected: • Batteries • Household • Lead acid • Cardboard • Electronics • Mattresses • Propane tanks • Shredding Event Promotion: • Mini recycle event flyer will be posted on City website: KentWA.gov/TalkingTrash, detailing what residents can bring and giving credit to granting agencies funding the events. • Notices included in: • City Community Calendar • Kent Social Media (Facebook/Twitter) • Advertised in the Mayor's weekly newsletter • Event flyer sent to Coordinators for distribution to: o Neighborhood Councils o Various email lists C) Performance Objectives: 3 Packet Pg. 48 8.D.a The City will promote these mini recycling events to Kent single-family and multi- family residents in a variety of ways to ensure a good turnout, and contract with knowledgeable, experienced contractors to assist residents attending the events. In return, the City anticipates collecting 50 tons material from the local waste stream each year. Benefits of diverting these recyclables from the waste stream include: ❑ Saving limited space in our area's last remaining landfill for actual garbage ❑ Conserving natural resources as collected materials are made into new products ❑ Saving water and energy that would otherwise have been used in extraction of raw materials and in manufacturing In the case of moderate risk waste, collecting and recycling this material helps protect health, the environment and wildlife from potential damage. The King County's Hazardous Waste Program and Washington State Department of Ecology help pay to collect these materials. D) Impact Objectives By providing convenient and free mini neighborhood collection events throughout the year, not only does it provide equity for all, but Kent residents can help reduce the amount of environmentally damaging materials from finding their way to King County's last remaining landfill, local storm drains and waterways, and vacant properties. These events will also reach a different population due to their smaller nature, variety of locations and days on which they will be held. These events are also intended to reduce the amount of congestion we traditionally see at our regular larger events. With a population of approximately 135,000 residents, the City of Kent has experienced increased volumes in residents attending recent recycling events. The City anticipates approximately 1,000 - 1,500 households to participate each year, resulting in approximately 10-15 tons of materials diverted from the waste stream for recycling per event. In addition to diverting materials from the waste stream, attracting residents to these new events provides an opportunity to distribute educational material on City and King County recycling programs, enhancing their knowledge and improving behavior in purchasing, handling, and disposal of recyclable materials. E) Evaluation Event reports will include: • Number of vehicles attending • Volume of each material collected • Event costs • Event summary write up Task Three: Waste Reduction within Senior Living Facilities A) Schedule: 2021-2022 B) Activities: Tasks will include creating a relationship and educating senior living facility management and key staff, providing outreach, presentations, and technical assistance where needed. A consultant will coordinate with senior living facility management and hauler to assist interested companies promoting reducing waste 4 Packet Pg. 49 8.D.a by increasing recycling and implementing food waste disposal to tenants and property owners/managers. The City will: • Distribute educational information for managers to assist them in setting up successful programs and tenant outreach. • Distribute kitchen counter top food waste containers, recycling signs, educational flyers (in multiple languages as available) and convenient storage/tote bags to encourage proper recycling of materials, reducing contamination and promoting food waste. • Provide on -site waste consultations and follow-up assistance on request. • Distribute info on City Recycling Events for large bulky items. C) Performance Objectives: The population in senior living facilities (multifamily) is often overlooked. These facilities comprise a fair number of businesses in Kent. In the fairness of equity, it is critical to provide outreach and technical assistance to this population to guarantee success and build upon the improvements to their respective recycling programs. D) Impact Objectives: With program promotion and technical assistance, Kent multifamily residents will have better knowledge of recycling. By recycling more, City senior living facility properties can reduce the amount of material ending up in the local landfill. E) Evaluation: Reports will include: • Excel spreadsheet of outreach provided to senior living facilities to include contact information, summary of assistance provided and results. Information will include the estimated impacts to the waste stream resulting from assistance provided. • Summary calculation of changes and improvements made to each facility's recycling volumes. Task Four: Increased Education Promoting Washington State's Latex Paint EPR r Program a� E a� A) Schedule: 2021-2022 a B) Activities: aD as In order to support Washington State's new extended producer responsibility (EPR) law for latex paint the City will work with residents and businesses assisting and __ promoting the new policy and ensuring latex paint is properly being disposed of and recycled. E C) Performance and Impact Objectives: 2 The goal of this program is to ensure residents are aware of the new Washington State EPR for latex paint and can successfully find local outlets to recycle their paint. By ensuring latex paint is being recycled it removes associated items such as paint cans, paint, and thickeners out of the County's last remaining landfill. The City 5 Packet Pg. 50 8.D.a will work with the people at PaintCare Washington and fill in any gaps to educate residents on how to safely and successfully recycle their paint within the new state law through social media, flyers, mailers, posters, website updates. D) Evaluation: Report any feedback/comments received from recipients. Task Five: Grant Administration The City will perform the following: • Track project expenses; • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; • Prepare reports for the grant program; and • Prepare final report. 6 1 Packet Pg. 51 8.D.a Exhibit B 2021-2022 WRR Grant Guidelines - Revised Program Eligibility: The King County Solid Waste Division (SWD) SWD has updated the WRR Recycling Case Studies document (Attachment 3) and created a WRR Case Studies Summary (Attachment 4), which include many creative and innovative project ideas for WRR Grant proposals/scopes of work. These case studies offer ideas for influencing waste prevention and recycling consistent with Title 10 of King County Code, the King County Strategic Climate Action Plan, and the King County 2019 Comprehensive Solid Waste Management Plan, all of which have policies to achieve Zero Waste of Resources by 2030. SWD strongly encourages consideration of these projects in the development of grant proposals and encourages Cities to leverage WRR grant funds with multi -City projects. Grant funds may be used for a variety of WRR related programs consistent with the Comp Plan. Cities are encouraged to work together to leverage funds and have a greater influence on waste prevention and recycling. Cities may choose to use their funding on one program or a combination of programs. For WRR program ideas, please refer to the Case Studies, which includes the examples below. Examples of innovative projects: • City Development of Contracts for "Responsible Recycling." • King County Solid Waste Division Market Development for Recycled Materials. • King County Climate Action Through Low Embodied Carbon Purchasing. • King County SWD: Multicultural Recycling Outreach - Recicla Mas! Es Fascilisimo. • Regional Code Development for C&D Diversion. • Purchase School Milk Dispensers and Reusable Cups to Replace Single -use Milk Cartons. City of Auburn Commercial Food Waste Outreach. City of Bellevue Recycling Unusual of Bulky Items. City of Kirkland Organics Contamination Enforcement — Cart Tagging Please contact Lucy Auster at 206-477-5268 or lucy.austerAkingcountv.gov if you have questions about specific program eligibility and/or consistency with the Comp Plan. The following are not eligible for funding: • Collection of garbage, except for residual garbage related to the collection of recyclables. • Household Hazardous Waste (HHW) education programs. • Collection of any household hazardous waste items including, but not limited to: treated wood, paint, lead acid batteries, oil, gasoline, and antifreeze, fluorescent lights. Cities should pursue funding for HHW collection or education programs through the King County Hazardous Waste Management Program (Haz Waste) or the Washington State Department of Ecology Local Solid Waste Financial Assistance (LSWFA) Program. Packet Pg. 52 8.D.a Grant Administration Requests for Reimbursement: Cities may submit one request for reimbursement per year during the funding cycle, due no later than March 18, 2022 and March 17, 2023. Alternately, cities may submit requests for reimbursement as frequently as quarterly. A Budget Summary Report Form and an Expense Summary Report Form must be used when submitting requests for reimbursement and will be provided to Cities when the grant agreements are executed. Accrual Reporting: By the 5th working days of January 2022 and January 2023, Cities must notify SWD of the amount of their total expenditures for work that has been completed but for which a request for reimbursement has not yet been submitted, so that SWD can accrue the amounts. Progress Reports Progress reports describing program activities, accomplishments, and evaluation results must accompany each request for reimbursement. All progress reports must be signed by a City official. Signed reports may be scanned and emailed. Amendments Formal amendments to grant Interagency Agreements (IAAs) are unnecessary unless the City wishes to significantly change its scope of work and/or budget. In general, a significant change would be one in which the City wishes to add or delete a task from their scope of work. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e- mail. However, the City should contact SWD when considering changes to their scopes and budgets to determine if a formal amendment is needed. SWD has streamlined the amendment process to make it easier for Cities to make changes. A City wishing to amend it scope of work will send an email to Lucy Auster with a revised scope of work, including the following: • A brief description of any new tasks, the amount, and the start and end dates. • A brief description of additional work you will do in any existing task you wish to move funds into from another task, the amount, and start and end dates. • A brief description of work currently in your scope that you will not be doing, the amount that will either be going to a new task or moving to an existing task and if so which one, and a start date. Any work included in the new scope still needs to be consistent with the Comp Plan. Once the new scope of work is approved, SWD will follow up with a unilateral amendment to your agreement, which does not require City signature. 2 Packet Pg. 53 I 8.D.a I ACORN CERTIFICATE OF LIABILITY INSURANCE - Exhibit CI DATE IN 10/26/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: COnnl Scott Seattle-Alliant Insurance Services, Inc. PHONE FAX 1420 Fifth Avenue, Suite 1500 AIC No Ext : 206-204-9172 AIC No): 206-204-9205 Seattle WA 98101 ADDRESS: cscott@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Safety National Casualty Corpo 15105 INSURED KE583802 INSURER B : City of Kent 220 Fourth Avenue South INSURERC: Kent WA 98032-5895 INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: 1008315362 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL4058201 1/1/2020 1/1/2021 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM ISRENTED (Ea occurrence $ 500,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000,000 SIR $ 500,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Waste Reduction and Recycling Grant Application for King County 2021/2022. CERTIFICATE HOLDER King County Solid Waste Division Attn: Lucy Auster 201 S. Jackson St. Suite 701 Seattle WA 98104 CANCELLATION t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI R THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It 2 ACCORDANCE WITH THE POLICY PROVISIONS. Q AUTHORIZED REPRESE TIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 54 8.D.a Exhib BUDGET SUMMARY REPORT FORM 2021-2022 Waste Reduction & Recycling Grant Program City: Date: Address: Phone: Invoice #: Report Period: Preparer's Name: Contract #: Total amount requested this period: Total amount previously invoiced: Original interlocal amount: Total amount charged to date: $ - Amount remaining for completion of interlocal: $ - Scope of Work Current Amount Task Description Budget Quarter Previously Remaining # (Task/title) Costs Invoiced Balance 1 I $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - TOTALS $ $ - $ $ - For King County Use Contract # 0 Project 1126942 Org 720122 Exp.Account 54105 Task 22.000' Purchase Order # Requisition # Receipt Supplier # Supplier Pay Site Invoice # Payment Type Total charges this period are approved for paymen $ Project Manager: Date Packet Pg. 55 8.D.a Exhib .. 00 N LO N r C d E d N L tm Q c.i tm L r c.i Y Y Q Packet Pg. 56 8.E KENT DATE: January 5, 2021 TO: Kent City Council SUBJECT: Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize MOTION: Authorize the Mayor to accept federal grant funds in the amount of $1,274,600 for the Meet Me on Meeker (Russell Road to GRE) project, amend the budget, authorize the Mayor to sign all necessary documents and authorize expenditure of the funds in accordance with grant terms, subject to final grant terms and conditions acceptable to the City and Attorney and the Public Works Director. SUMMARY: This segment of the Meet Me on Meeker project includes a multimodal promenade on the south side of the street from Russell Road to the GRE development to the east (approximately 700 feet), including a two-way shared use path, streetscape amenities, wider sidewalk, street trees and vegetated buffers, pedestrian -scale lighting, and curb extensions at the intersection with Russell Road. The City applied for grant funds for construction through the Puget Sound Regional Council and was successful in receiving grant funds in 2020. BUDGET IMPACT: This adds $1,274,600 of federal grant funding to the budget for this project. 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. 12/15/20 COUNCIL BY CONSENSUS RESULT: Committee of the Whole RECOMMENDED TO RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 57 8.F KENT DATE: January 5, 2021 TO: Kent City Council SUBJECT: Meet Me on Meeker (Russell Road to GRE) Grant Acceptance - Authorize MOTION: Authorize the Mayor to accept federal grant funds in the amount of $235,280 for the Meet Me on Meeker (Russell Road to GRE) project, amend the budget, authorize the Mayor to sign all necessary documents and authorize expenditure of the funds in accordance with grant terms, subject to final grant terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: This segment of the Meet Me on Meeker project includes a multimodal promenade on the south side of the street from Russell Road to the GRE development to the east (approximately 700 feet), including a two-way shared use path, streetscape amenities, wider sidewalk, street trees and vegetated buffers, pedestrian -scale lighting, and curb extensions at the intersection with Russell Road. The City applied for grant funds for project design through the Puget Sound Regional Council and was successful in receiving grant funds in 2019. BUDGET IMPACT: This adds $235,280 of federal grant funding to the budget for this project. 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. 12/15/20 COUNCIL BY CONSENSUS RESULT: Committee of the Whole RECOMMENDED TO RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 58 8.G KENT Wn. : , ,LI c N DATE: January 5, 2021 TO: Kent City Council SUBJECT: Utility Relocation Agreement between the Covington Water District and City of Kent for the Rock Creek Culvert Replacement at Summit Landsburg Road Project - Authorize MOTION: Authorize the Mayor to sign the Utility Relocation Agreement for the Summit Landsburg Road and Rock Creek Culvert Replacement Project between the City of Kent and Covington Water District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director SUMMARY: In 2010, the City entered into an agreement with the National Marine Fisheries Service and the United States Fish and Wildlife Service to implement a series of habitat conservation measures (HCM's) in the Rock Creek Watershed in exchange for agency support on future renewals of the City's water -right at Clark Springs. One of these HCM's is the replacement of the Rock Creek Culvert at Summit Landsburg Road. This project is intended to remove a barrier to fish passage. The replacement project will consist of the removal of the existing culvert and construction of fish passable bridge and related habitat improvements. This work will require relocation of water facilities owned and operated by the Covington Water District within Summit Landsburg Road. This agreement will allow the City to be reimbursed for the actual costs incurred during construction to relocate the Water District's facilities. BUDGET IMPACT: The City will be reimbursed by the Covington Water District in accordance with the agreement for actual costs incurred during construction of the relocated water facilities. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 59 8.G ATTACHMENTS: 1. Utility Relocation Agreement (PDF) 12/15/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 60 URA Kent/CWD 07/27/2020 8.G.a UTILITY RELOCATION AGREEMENT FOR THE SUMMIT LANDSBURG ROAD AND ROCK CREEK CULVERT REPLACEMENT PROJECT BETWEEN THE CITY OF KENT AND COVINGTON WATER DISTRICT THIS AGREEMENT is entered into between the City of Kent, a Washington municipal corporation, located and doing business at 220 Fourth Ave S., Kent, Washington, 98032 (hereinafter called "CITY") and Covington Water District, a Washington municipal corporation, located and doing business at 18631 SE 300th Place, Covington, Washington, 98042 (hereinafter called "DISTRICT"), collectively referred to herein as the "Parties." RECITALS WHEREAS, the CITY is in the process of designing a roadway improvement project, commonly known as Summit Landsburg Road and Rock Creek Culvert Replacement, which commences generally 300 feet SW of the center line of Rock Creek to 300 feet NE of the centerline of Rock Creek in Kent, Washington (the "Project"); and WHEREAS, the DISTRICT entered into a Water Facility Agreement with the CITY dated June 3, 1992, to construct and operate a water service transmission line within the vicinity of the Project and the Water Facility Agreement was extended by the Parties in June of 2017 for an additional fifteen (15) years to June 3, 2032; and WHEREAS, the CITY has determined that DISTRICT'S facilities need to be relocated to reconstruct the roadway and install stream crossing improvements; and WHEREAS, pursuant to the Water Facility Agreement, the DISTRICT is required to relocate its facilities at its own expense upon written notice from the CITY that certain improvements are necessary; and WHEREAS, the Parties recognize the efficiencies of combining the CITY's roadway improvements with the DISTRICT's relocation of its facilities; and WHEREAS, the DISTRICT is financially responsible for all costs associated with this relocation work and is obligated to reimburse the CITY for such work; and WHEREAS, the DISTRICT's engineering design consultant will complete design of the water line relocation work on behalf of the DISTRICT; and WHEREAS, the CITY will incorporate the DISTRICT'S design of the water line relocation work into its contract and specifications; 1 Packet Pg. 61 URA Kent/CWD 07/27/2020 8.G.a NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: AGREEMENT Section 1. General. The CITY agrees to perform the water line relocation work as agent for and on behalf of the DISTRICT, as required by the DISTRICT under its agreement with the CITY. The work to be completed by the CITY for the DISTRICT will be in accordance with the plans and specifications as set forth in Section 3, herein. Section 2. Agreement Incorporated. The Water Facility Agreement dated June 3, 1992, as amended and extended in June of 2017, is incorporated into this AGREEMENT as if fully set forth herein. Section 3. Construction Plans. Plans, specifications, bid schedule and estimate for the water line relocation work will be prepared by the DISTRICT's engineering consultant generally in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard Specifications as applicable, and adopted design standards and provided to the CITY for incorporation into the CITY's bid manual. Unless otherwise agreed to by the Parties, the DISTRICT will provide the CITY with its final copy of Plans and Specifications by, January 29, 2021. The CITY will review the plans, specifications, bid schedule and estimate made by the DISTRICT and, if the CITY concurs with the proposed plans and specification, will give final approval and direct the CITY's engineering consultant to incorporate the water line relocation work into the Project. Section 4. Construction Work Authorization. The DISTRICT hereby authorizes the CITY to proceed with construction work for the purpose intended by this AGREEMENT. The construction work to be performed by the CITY or its agents, includes permitting the Project, bidding the Project, awarding the bid, and administering the construction contract. Section 5. Bid Award. 5.1 The water line relocation work shall be included as a separate bid schedule, prepared by the DISTRICT as set forth in Section 3. The CITY shall provide the DISTRICT with an opportunity to review the bids submitted by contractors on this Project to ensure that the bids for the DISTRICT improvements are not subject to unbalanced bidding whereby the DISTRICT would be paying an unreasonable or inequitable amount for the DISTRICT improvements or the bids are unreasonably high based on the DISTRICT'S estimate. The bid schedule prepared by the DISTRICT's engineering consultant shall include detailed instructions to bidders regarding how this bid schedule will be reviewed and how the determination of bid responsiveness will be made on this bid schedule. The DISTRICT shall have five (5) business days from the date N Packet Pg. 62 URA Kent/CWD 07/27/2020 8.G.a of bid opening to notify the CITY in writing that it is rejecting the bid for the DISTRICT work and intends to utilize a contractor of its choice to complete the water line relocation work at its sole cost. The DISTRICT shall defend, indemnify and hold harmless the CITY and its employees and agents against any claims arising from the DISTRICT's review of the bid schedule for the water line relocation work. The indemnity provision of this Section 5.1 shall survive the termination or expiration of this Agreement. 5.2 If the DISTRICT elects to reject the bid for the DISTRICT work and decides to complete the work on its own, the DISTRICT shall require its contractor to coordinate the DISTRICT work within the Project area with the CITY'S contractor and with any contractors from other utilities and to not unreasonably interfere with or delay the CITY'S contractor. The DISTRICT shall be responsible for the out-of-pocket costs incurred by the CITY for delays in the Project to the extent the delay is caused or arises out of the DISTRICT or the DISTRICT's contractor's failure to coordinate with the CITY's contractor or from unreasonable interference with the CITY's contractor. Such out-of-pocket costs may include, but are not limited to, payment to the CITY's contractor and/or consultants for increased costs and associated court costs, interest and reasonable attorneys' fees incurred by the CITY to the extent directly attributable to the DISTRICT's or DISTRICT's contractor's cause delay in the Project. The provisions of this Section 5.2 shall survive the termination or expiration of this Agreement. Section 6. Administering Construction Contract. The CITY is hereby designated as the DISTRICT'S construction agent, acting for and on behalf of the DISTRICT, for that portion of the Project that involves the water line relocation work. Unless, the DISTRICT exercises its option set forth in Section 5 to complete such work on its own, the CITY will be responsible for performing the water line relocation work and for administering the Project construction contract. As construction agent, the CITY will perform all engineering review, survey, and field inspections and shall make all payments to the Contractor. The CITY will keep the DISTRICT advised as to the progress of the Project. The CITY shall notify the DISTRICT if the water line relocation work cannot be completed as designed, regardless of cause. Whenever practical, the DISTRICT shall have final discretion with regard to design field -adjustment decisions related to the work of the Contractor on the water line relocation work. To the extent reasonably practical, the DISTRICT will provide the CITY with its approval of any design field -adjustment decisions or alternative designs at least ten (10) working days before the anticipated work on the applicable portion of the water line relocation work. Section 7. Inspection by the DISTRICT. The DISTRICT shall engage the services of the CITY'S inspector relating to the water line relocation work. Any costs for such inspection will be borne solely by the DISTRICT. Unless otherwise agreed to by the Parties, the DISTRICT shall provide its own inspection and/or engineering services to resolve design field -adjustment decisions. All contact between the DISTRICT and the CITY'S Contractor shall be through the CITY'S representatives. Section 8. Payment. The DISTRICT, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct cost of 3 Packet Pg. 63 URA Kent/CWD 07/27/2020 8.G.a all water line relocation work. The DISTRICT shall pay in full, all costs invoiced by the CITY within thirty (30) days, of the date of the invoice. Interest will accrue at the rate of twelve percent (12%) per annum on any outstanding balance not paid within the required 30-day period. Section 9. Extra Work. In the event it is determined that any "substantial change" from the description of the water line relocation work contained in the AGREEMENT is required, written approval must be secured from the DISTRICT before the beginning of such work, but the City will retain sole discretion to issue change orders. "Substantial change" is defined as any changes requiring an increase in the DISTRICT'S financial obligation due to supplemental work or to change of work out of project "scope". The DISTRICT will provide input to the CITY within twenty (20) working days of being notified of a substantial change in the water line relocation work. Section 10. Ememency Repairs. Prior to CITY acceptance of Contractor work, if there is a need of "emergency repair" and the CITY'S Contractor is unable to perform such repair in a timely manner, the DISTRICT shall have permission to enter upon the CITY'S right-of-way and complete said emergency repair. "Emergency repairs" are defined as work performed by CITY or DISTRICT personnel to stabilize or remove immediate hazards or dangers by cutting and capping water mains and restoring immediate utility services to customers in the area. Upon completion of any emergency repairs by the CITY or the DISTRICT, the CITY and the DISTRICT shall cooperatively determine each party's financial responsibility with respect to the construction contract. Section 11. Financial Acceptance. The CITY shall conduct a field review of each constructed facility with representatives of the DISTRICT and shall further require all resulting punch list items to be corrected to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY. The DISTRICT agrees upon satisfactory completion of the work involved as determined by the DISTRICT, to deliver a letter of acceptance approving the CITY'S management and construction of the Project. Acceptance of the work shall not constitute acceptance of any unauthorized or defective work or materials, nor be a waiver of any manufacturer's, supplier's, or contractor's warranties. Final acceptance of the work shall be by the CITY after inspection by all agencies involved. Section 12. Deliveries. The CITY and the DISTRICT mutually agree, within 30 days from the date of the DISTRICT'S letter of acceptance, as set forth in Section 11, herein, to deliver certain items to each other. The CITY will deliver to the DISTRICT any guarantee or warranty furnished as a normal trade practice in connection with the purchase of any equipment, materials, or items used in the construction of the Project; and shall deliver as -built drawings in AutoCAD electronic format to the DISTRICT. The CITY'S Contractor shall warrant the workmanship and materials utilized in the improvements to be free from defects for a period of one (1) year from the date of the DISTRICT'S letter of acceptance, as set forth in Section 11 herein, with all such warranties running to the DISTRICT as a third party beneficiary with full authority to make such warranty claims. The DISTRICT shall deliver to the CITY a release and 2 Packet Pg. 64 URA Kent/CWD 07/27/2020 8.G.a waiver of all claims or demands of any nature that result from the CITY'S performance of the work under this AGREEMENT. The DISTRICT must have received approval from the CITY's Law Department of the form and content of the release, prior to the date of the planned delivery of the release and waiver to the CITY. The deliveries contemplated within this Section are mutual deliveries, and to satisfy the terms of this Section, the exchanges should occur in person, if possible, to include a representative of each party, and one delivery will not be effective without the simultaneous delivery by the other party. Section 13. Legal Relations. Except as otherwise specified in this Agreement, the CITY and the DISTRICT agree to defend, save, keep and hold harmless the other, its officers, agents, employees and volunteers from any and all damages, costs or expenses in law or equity that may arise because of damages to property or personal injury received by reason of, or in the course of, or which may be occasioned by any willful or negligent act or omission of the municipal entity arising out of the activities which are the subject of this AGREEMENT. The construction specifications shall include the usual indemnification and insurance provisions to protect the CITY and the DISTRICT. Section 14. Resolution of Disputes and Governing Law. This AGREEMENT shall be governed and construed in accordance with the laws of the State of Washington. If the DISTRICT and CITY are unable to resolve disputes arising from the terms of this AGREEMENT, the parties shall submit the dispute to a non -binding mediation process, with the mediator being mutually agreed to by the parties. The cost of that process shall be shared equally. If the parties are unable to settle any dispute or claim through mediation, the means of resolving that dispute, difference or claim, shall be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, unless the parties agree in writing to binding arbitration. Each party in any such dispute or claim shall be responsible for the payment of its own attorneys' fees and costs. Section 15. Written Notice. All formal notices required by this AGREEMENT shall be sent to the parties at the addresses listed on the signature page of this AGREEMENT, unless notified to the contrary. Any formal written notice hereunder shall become effective three calendar days following the date of mailing by registered or certified mail. The Parties agree that formal notices required under this AGREEMENT may also be issued via email using the official email addresses for the DISTRICT'S General Manager and the CITY's Public Works Director. Communications between CITY and DISTRICT employees regarding the work to be performed in connection with this AGREEMENT may be conducted directly between authorized or assigned Project representatives. Section 16. Assignment. Any assignment of this AGREEMENT by either party without the written consent of the non -assigning party shall be void. 5 Packet Pg. 65 URA Kent/CWD 07/27/2020 8.G.a Section 17. Modification. No waiver, alteration, or modification of any of the provisions for the AGREEMENT shall be binding unless in writing and signed by a duly authorized representative of the CITY and the DISTRICT. Section 18. Entire Agreement. The written provisions and terms of this AGREEMENT, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of either party, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this AGREEMENT. This document, including all Exhibits, is the entire agreement between the parties. Should any language in any of the Exhibits to the AGREEMENT conflict with any language contained in this AGREEMENT, the terms of this AGREEMENT shall prevail. Section 19. Counterparts. This AGREEMENT may be signed in any number of identical counterparts, each of which shall be considered an original even if they are transmitted by electronic means, and taken together, shall be considered to constitute one and the same instrument. Section 20. Effective Date. This AGREEMENT shall be effective as to all parties on the last date signed below. [Signatures on following page] h Packet Pg. 66 URA Kent/CWD 07/27/2020 8.G.a IN WITNESS WHEREOF, this AGREEMENT is executed by the Parties by their authorized officers indicated below: City of Kent 220 Fourth Ave S. Kent, WA 98032 BY: ITS: DATE: ATTEST: CITY CLERK, CITY OF KENT APPROVED AS TO FORM: KENT LAW DEPARTMENT Covington Water District 18631 SE 300t' Place Covington, WA 98042 ITS: DATE: APPROVED AS TO FORM: DISTRICT ATTORNEY, COVINGTON WATER DISTRICT 7 Packet Pg. 67 8.H KENT DATE: January 5, 2021 TO: Kent City Council SUBJECT: Interlocal Agreement between the City of Kent and Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement Project - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2010, the City entered into an agreement with the National Marine Fisheries Service and the United States Fish and Wildlife Service to implement a series of habitat conservation measures (HCM's) in the Rock Creek Watershed in exchange for agency support on future renewals of the City's water -right at Clark Springs. One of these HCM's is the replacement of the Rock Creek Culvert at Summit Landsburg Road. This project is intended to remove a barrier to fish passage. The replacement project will consist of the removal of the existing culvert and construction of fish passable bridge and related habitat improvements. This work will require relocation of sanitary sewer facilities owned and operated by Soos Creek Water & Sewer District within Summit Landsburg Road. This agreement will allow the City to be reimbursed for the actual costs incurred during construction to relocate the Water & Sewer District's facilities. BUDGET IMPACT: The City will be reimbursed by the Soos Creek Water & Sewer District in accordance with the ILA for Actual Costs incurred during construction of the relocated water facilities. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 68 8.H ATTACHMENTS: 1. Interlocal Agreement 12/15/20 COUNCIL BY CONSENSUS RESULT: (PDF) Committee of the Whole RECOMMENDED TO RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM Packet Pg. 69 8.H.a INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND SOOS CREEK WATER AND SEWER DISTRICT SUMMIT LANDSBURG ROAD AND ROCK CREEK CULVERT REPLACEMENT This INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND SOOS CREEK WATER AND SEWER DISTRICT, regarding the Summit Landsburg Road and Rock Creek Culvert Replacement (the "Project Agreement)" is made on the date last signed below, between the City of Kent, a Washington municipal corporation, located and doing business at 220 Fourth Ave S., Kent WA 98032 (the "City") and Soos Creek Water and Sewer District, located and doing business at 14616 SE 192nd Street, Renton, WA 98058 (the "District"). RF,MALS WHEREAS, the City is in the process of designing and constructing a culvert replacement project, commonly known as the Summit Landsburg Road and Rock Creek Culvert Replacement (the "Project"); and WHEREAS, the City intends to replace the culvert on Summit Landsburg Road; and WHEREAS, the City has previously requested all utility purveyors in the immediate vicinity of the Project relocate or adjust their facilities as needed and to determine any needed system improvements in the Project vicinity; and WHEREAS, the District provides sewer service in the vicinity of the Project, owns and operates sewer facilities within the immediate Project vicinity; and WHEREAS, the City and District wish to share in the mutual benefits of replacing the culvert and sewer system improvements concurrently, with the City acting as the Lead Agency; and WHEREAS, RCW 39.34.030 allows agreements between public agencies for joint or cooperative action; and WHEREAS, the District will prepare plans and specifications for sewer system improvements (the "District's Work") in the corridors within the Project vicinity, and will be the City's consultant in providing the plans and specifications and cost estimates to the City in preparing contract documents for the Project; and WHEREAS, the District's Work generally consist of adding a 6-inch sewer force main in a casing within the corridor; and Packet Pg. 70 8.H.a WHEREAS, a single contract document will be prepared incorporating both City and District improvements, along with other private and public utility needs; and WHEREAS, the final plans and specifications for the Project will be developed by the City; and WHEREAS, specific sewer system improvements that are part of the District's Work will be identified as "Schedule B" within the Project construction and bid documents; and WHEREAS, the City intends to advertise for competitive bids for the Project, including that portion of the Project that is the District's Work; and WHEREAS, the City will furnish the District with the bids submitted for the District's review; and NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained in this Project Agreement, or attached and incorporated herein, and in the exercise of the authority granted by the Interlocal Cooperation Act, the City and District hereby agree as follows: Section 1. Purpose. The purpose of the Project Agreement is to set forth the rights, obligations, scope of work and allocation of design and construction costs for the Project, between the City and District. Section 2. General. The City shall be the Lead Agency for purposes of this Project Agreement. Section 3. Construction Plans. Plans, specifications, bid schedule and cost estimates for the District's Work will be prepared by the District generally in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, District Standard Specifications as applicable, and adopted design standards. The City will review the plans and specifications and if the City concurs with the proposed plans and specifications, will give final approval and will incorporate said plans and specifications into the Project. Section 4. City as Construction Agent. The City is hereby designated as the District's construction agent, acting for and on behalf of the District, for the District's Work. The construction work to be performed by the City or its agents, includes permitting the Project, bidding the Project, awarding the bid, and administering the construction contract. The City, as construction agent, shall have final discretion regarding decisions related to the work of the contractor, after consulting with the District on those portions of the Project that are related to the District's Work. Section 5. Bid Award. 2 Packet Pg. 71 8.H.a 5.1 The District Work shall be included as a separate bid schedule, prepared by the District as set forth in Section 3. The City shall provide the District with an opportunity to review the bids submitted by contractors on this Project to ensure that the bids for the District improvements are not subject to unbalanced bidding whereby the District would be paying an unreasonable or inequitable amount for the District improvements or the bids are unreasonably high based on the District's estimate. The bid schedule prepared by the District's engineering consultant shall include detailed instructions to bidders regarding how this bid schedule will be reviewed and how the determination of bid responsiveness will be made on this bid schedule. The District shall have five (5) business days from the date of bid opening to notify the City in writing that it is rejecting the bid for the District work and intends to utilize a contractor of its choice to complete the water line relocation work at its sole cost. The District shall defend, indemnify and hold harmless the City and its employees and agents against any claims arising from the District's review of the bid schedule for the water line relocation work. The indemnity provision of this Section 5.1 shall survive the termination or expiration of this Agreement. 5.2 If the District elects to reject the bid for the District's Work and decides to complete the work on its own, the District shall require its contractor to coordinate the District's Work within the Project area with the City's contractor and with any contractors from other utilities and to not unreasonably interfere with or delay the City's contractor. The District shall be responsible for the out-of-pocket costs incurred by the City for delays in the Project to the extent the delay is caused or arises out of the District or the District's contractor's failure to coordinate with the City's contractor or from unreasonable interference with the City's contractor. Such out-of-pocket costs may include, but are not limited to, payment to the City's contractor and/or consultants for increased costs and associated court costs, interest and reasonable attorneys' fees incurred by the City to the extent directly attributable to the District's or District's contractor's cause delay in the Project. The provisions of this Section 5.2 shall survive the termination or expiration of this Agreement. Section 6. Inspection by District. The District shall provide inspection for the District's Work. Any costs for such inspection will be borne solely by the District. All contact between the inspectors and the City's contractor shall be through the City's representatives. Section 7. Payment. 7.1 The District, in consideration of the faithful performance of the work to be done by the City, agrees to reimburse the City for the actual direct cost of the District's Work specified in Section 7.2, and all costs reasonably incurred by the City and approved by the District in performing the District's Work, and shall take all necessary action to pledge, budget, and allocate the same. Payment shall be made by the District to the City within 30 days of the date of the invoice. Packet Pg. 72 8.H.a 7.2 Costs for the District's Work shall include the following: 1. The Engineer's administration of the sub -consultant services for the District's Work; 2. The cost of all changes initiated by the District; and 3. The direct costs incurred by the City in performing the District's Work. Section 8. Extra Work. In the event of unforeseen circumstances which require an increase in the District's cost obligation, the parties shall modify this Project Agreement to address the increased District's cost obligation. If the District's cost obligation increases by more than 25 percent, the City shall obtain written approval from the District before the beginning of such work. The City shall provide prior written notice for all changes to the District's portion of the work regardless of the financial obligation. Section 9. Final Acceptance. The District agrees upon satisfactory completion of the District's Work, as determined by the District, to deliver a letter of acceptance approving the District's Work. Acceptance shall not constitute acceptance of any unauthorized or defective work or materials, nor be a waiver of any manufacturer's, supplier's, or contractor's warranties. Final acceptance of the Project shall be by the City. Section 10. Indemnification. Each party hereto agrees to protect, defend and indemnify the other party, its officers, officials, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the parry's default, failure of performance, or negligent conduct associated with this agreement, by the party, its employees, subcontractors or agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each parry's immunity under Washington's industrial insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide each party with a full and complete indemnity of claims made by the other parry's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Section 11. Written Notice. All communications regarding this Project Agreement shall be sent to the parties at the addresses listed below unless changed by written notification. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Project Agreement, or such other address as may be hereafter specified in writing. City of Kent Soos Creek Water and Sewer District Attention: City Engineer Attention: Field Superintendent 5821 South 240th Street 14616 SE 192nd Street 4 Packet Pg. 73 8.H.a Kent, WA 98032 Renton, WA 98058 Section 12. Assignment. Any assignment of this Project Agreement by either party without the written consent of the non -signing parry shall be void. Section 13. Effective Date. This Project Agreement shall be effective as to all parties on the last date signed below. IN WITNESS WHEREOF, the parties hereto have executed this Project Agreement by their authorized officers indicated below: City of Kent 5821 South 240th Street Kent, WA 98032 BY ITS DATE ATTEST: Soos Creek Water and Sewer District 14616 SE 192nd Street Renton, WA 98058 I ITS DATE CITY CLERK, CITY OF KENT APPROVED AS TO FORM: APPROVED AS TO FORM: KENT LAW DEPARTMENT SOOS CREEK WATER AND SEWER DISTRICT ATTORNEY 5 Packet Pg. 74 8.1 KENT WASH IN G T O N DATE: January 5, 2021 TO: Kent City Council SUBJECT: Accept the Midway Creek Bridge Repair/Frager Road Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Frager Road/Midway Creek Bridge Repair Project as complete and release retainage to Quigg Bros., Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project consisted of installing sheet piles around the southeast embankment to stabilize and protect it against further erosion. Erosion control was installed under the bridge at the S.E. abutment to protect the slope. The final contract total paid was $338,714.70 which is $49,219.30 under the original contract amount of $387,934. BUDGET IMPACT: This project was paid for out of the B&O 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. 75 8.J KENT WASH IN G T O N DATE: January 5, 2021 TO: Kent City Council SUBJECT: Accept the Kent Valley Signal System Upgrade Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Kent Valley Signal System Upgrade Project as complete. SUMMARY: The project consisted of improving the traffic signal system in the north Kent industrial valley which included 5 new traffic signal cabinets, new controllers at 20 intersections, flashing yellow arrows at 14 intersections and 5 traffic cameras. Copper interconnect was also replaced with fiber optic interconnect in a portion of the valley. The final contract total paid was $815,769.98 which is $12,900.98 over the original contract amount of $802,869.00. BUDGET IMPACT: The project was paid for with a Highway Safety Improvement Program Grant administered by the Washington State Department of Transportation, and budgeted capital funds. 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. Packet Pg. 76 8.K KENT WASH IN G T O N DATE: January 5, 2021 TO: Kent City Council SUBJECT: Accept Downey Farmstead Restoration Phase 3 Excavation and Habitat Structure Installation Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Downey Farmstead Restoration Phase 3 Excavation and Habitat Structure Installation Project as complete and release retainage bond to Olson Brothers Excavating, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project consisted of excavating and exporting 25,000 cubic yards of material, installation of 6 habitat structures and preparing the site for planting in the fall. This work is in support of the Downey Farmstead Restoration project which is a grant -funded salmon habitat project. The final contract total paid was $731,970.37 which is $71,761.13 under the original contract amount of $803,731.50. BUDGET IMPACT: This phase was fully paid for using grant funds. 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. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 77 10.A KENT DATE: January 5, 2021 TO: Kent City Council SUBJECT: Riverbend Driving Range Phase III: Building Addition and Remodel Bid - Award MOTION: Award the Riverbend Driving Range Phase III Addition and Remodel project bid to Christensen Inc. General Contractor in the amount of $1,700,600 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: This project involves both an addition and remodel of the existing building. The scope of work includes adding 14 new driving stalls and new conditioned area for restrooms; new ball wash area; new reception/retail area as well as a new entry point from the parking area; new roof framing; and new metal roof at the remodeled area. The project also has an additive alternate: Fabricate and install new benches and tables. The bid opening for the Riverbend Driving Range Phase III Addition and Remodel was held on December 11, 2020 with Six bids received. The lowest responsible and responsive bid was submitted by Christensen Inc. General Contractor in the amount of $1,546,000 which includes the additive alternate. Bid Tab Summary O1. Christensen Inc Add. Alt. Total General Contractor 02. Westmark Construction Add. Alt. Total 03. J.A.M Construction Add. Alt. Total 04. James Company Add Alt. $1,525,000 $21,000 $1,546,000 + WWST $1,603,678 $30,712 $1,634,390 + WSST $1,676,000 $19,470 $1,695,470 + WSST Packet Pg. 78 10.A Tota I 05. CDK Construction Services Add. Alt. Tota I 06. MJ Takisaki Inc. Add. Alt. Tota I $1,702,884 + WSST $1,669,529 $9,655 $1,679,184 + WSST $1,683,109 $22,732 $1,705,841 + WSST BUDGET IMPACT: Expense impacts to Driving Range Expansion and Remodel capital budget. 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. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 79