HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/06/2023 (3) Public Works Committee
• Monday, February 6, 2023
KEN T 4:00 PM
WASHINGTON
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 811 5975 3938, Passcode: 605379
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
1. Approval of January 9, 2023 YES Chair 01 MIN.
Minutes
B. 2023 Recycling Events YES Tony Donati 05 MIN.
Goods & Services
Agreement with Olympic
Environmental Resources,
Inc. - Authorize
C. Washington State Salmon YES Rowena Valencia-Gica 10 MIN.
Recovery Funding Board
Grant Application -
Authorize
D. Puget Sound Regional YES David Paine 05 MIN.
Council Grant for Meet Me
on Meeker - Thompson
Avenue to Interurban Trail -
Authorize
E. Puget Sound Regional YES David Paine
Council, King County
Competition Grant for East
Public Works Committee CC PW Regular Meeting February 6, 2023
Valley Highway Preservation
(84th Avenue South from S
212th Street to S 196th
Street) - Authorize
F. Speed Limit Changes - YES Erik Preston 05 MIN.
Adopt
G. INFO ONLY: Neighborhood NO Erik Preston 10 MIN.
Parking Restrictions
H. INFO ONLY: Residental NO Honey Maria 10 MIN.
Traffic Calming Program
Update
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of
each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032.
For additional information, contact Nancy Yoshitake at 253-856-5508 or email
Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth(a)kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
4.A.1
Pending Approval
Public Works Committee
KENT CC PW Special Meeting Minutes
W—...... January 9, 2023
Date: January 9, 2023
Time: 5:00 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
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1. Call to Order 5:00 p.m.
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2. Roll Call
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Attendee Name Title Status Arrived a
Brenda Fincher Committee Chair Present a
Satwinder Kaur Councilmember Present
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Marli Larimer Councilmember Present o
3. Agenda Approval N
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4. Business N
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A. Approval of Minutes
Approval of Minutes dated December 5, 2022 °
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The minutes of the December 5, 2022 Public Works Committee meeting were
approved without changes.
MOTION: Move to approve the Minutes dated December 5, 2022
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RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember Q
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
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B. 2023 Railroad Quiet Zone - BNSF Railway Agreements - Authorize
Design Engineer Toby Hallock noted that the 2023 Railroad Quiet Zone
Project ("Project") includes work to support future railroad Quiet Zones and
grade crossing safety improvements at up to 13 railroad crossings. Eight of
these crossings are located across the Burlington Northern Santa Fe (BNSF)
tracks. In addition, the Project will add security fencing at select locations
along the BNSF tracks between South 212th Street and South 259' Street.
Hallock further noted that in order to complete the Project, the City must
enter into agreements with the BNSF Railway for the construction and
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Page I of 4 Packet Pg. 3
4.A.1
Public Works Committee CC PW Special Meeting January 9, 2023
Minutes Kent, Washington
maintenance of the Project improvements. These agreements will include: a
Grade Crossing Construction and Maintenance Agreement for all crossings
and a separate lease agreement for the installation and maintenance of
fencing along the tracks on BNSF property.
MOTION: I move to authorize the Mayor to sign all necessary
agreements with Burlington Northern Santa Fe Railway related to the
construction and maintenance of the 2023 Railroad Quiet Zone
Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SER ULT: MOTION PASSES [UNANIMOUS] Next: 1/17/2023 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember 0
AYES: Fincher, Kaur, Larimer >
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C. Meeker Street Bridge Consultant Agreement with TranTech a
Engineering, LLC - Authorize Q
Design Engineer Stephen Lincoln noted that the Meeker Street Bridge, which a
was constructed in 1958, requires repainting, deck resurfacing, and related o
repairs. The City has been authorized to receive up to $4,484,300 via two M
Federal grants to plan and execute this work. cm
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Lincoln stated that TranTech Engineering was selected to provide consultant
services to the City. They will develop and design plans, specifications, and
cost estimates for the bridge repainting and deck resurfacing. These services 0
will include structural and loading analyses, design of paint containment and r
work platforms for the bridge, lead paint analysis and remediation design,
design of structural steel spot repairs, and deck pavement design. Once the
plans are finalized and the project is advertised for bids, TranTech will also
provide bid support services. r
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MOTION: I move to authorize the Mayor to sign the Consultant
Services Agreement with TranTech Engineering, LLC, in an amount a
not to exceed $352,519, for the Green River Bridge Repaint and Deck a
Resurfacing Project, subject to final terms and conditions acceptable
to the Public Works Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 1/17/2023 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
D. King County Waste Reduction & Recycling (WRR) Grant Agreement -
Authorize
Conservation Coordinator Tony Donati noted that the King County Waste
Reduction and Recycling grant is primarily used to fund the City's residential
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Page 2 of 4 Packet Pg. 4
4.A.1
Public Works Committee CC PW Special Meeting January 9, 2023
Minutes Kent, Washington
recycling collection events at no additional cost to residents. These events
provide responsible ways for residents to dispose of hard-to-recycle materials
including but not limited to appliances, mattresses, Styrofoam, bulky yard
debris, concrete, and tires. Making these events free to the public provides
access for more residents to participate.
Donati stated that this grant will also fund other waste reduction programs,
activities, and education to Kent residents and City staff including translation
of solid waste communication materials, social media campaigns, the
purchase of compostable materials, and disposal costs for hard-to-recycle
materials.
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MOTION: I move to authorize the Mayor accept the 2023-2024 Waste
Reduction and Recycling grant from the King County Solid Waste o
Division in the amount of $178,189.00, to amend the budget and
authorize expenditure of the funds, and sign the grant agreement °
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with King County subject to final terms and conditions acceptable to Q
the Public Works Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 1/17/2023 7:00 PM c
MOVER: Satwinder Kaur, Councilmember LO
SECONDER: Marli Larimer, Councilmember c
AYES: Fincher, Kaur, Larimer N
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E. INFO ONLY: Water Resource Inventory Area (WRIA) 9 Notice of
Intent to apply for grant funding c
Environmental Manager Mike Mactutis noted that the Green/Duwamish and
Central Puget Sound Watershed is included in Water Resource Inventory Area
(WRIA) 9, which through a Technical Implementation Committee,
Management Committee and Forum, facilitates planning, analysis, and
funding of salmon recovery in the Green River Watershed. Annually, the r
WRIA publishes Notices of Intent to Apply for projects to receive grant
funding from various state and local programs. Grant applications are a
reviewed and approved by the WRIA.
One of the projects in the Salmon Habitat Plan is located in Kent, the Boeing
Levee Restoration. This reach of river is located on the right bank (looking
downstream) between South 212t" Street and South 2001" Street. The City
owns properties along the Boeing Levee that were dedicated to serve a
combination of recreation, natural resources, and flood protection.
Mactutis noted that staff is preparing a Notice of Intent to Apply for funding
to prepare a feasibility study to make improvements to this river reach. The
project would include salmon habitat and recreation elements, and it would
allow for future levee improvements that would provide protection from a
500-year flood event on the Green River.
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Page 3 of 4 Packet Pg. 5
4.A.1
Public Works Committee CC PW Special Meeting January 9, 2023
Minutes Kent, Washington
S. Adjournment 5:25 p.m.
ch'e4'ybvi
Committee Secretary
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Page 4 of 4 Packet Pg. 6
4.6
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: 2023 Recycling Events Goods & Services Agreement with
Olympic Environmental Resources, Inc. - Authorize
MOTION: Move to authorize the Mayor to sign the Goods & Services
Agreement with Olympic Environmental Resources, Inc. in the amount of
$157,700 for operating the 2023 residential recycling collection events,
subject to final terms and conditions acceptable to the Public Works
Director and City Attorney.
SUMMARY: In 2023, the City will host three large and four mini residential
recycling collection events at no charge to attendees. To successfully operate the
events, the City uses a consultant with proven experience to staff and contract with
various recycling vendors for specialty items that are difficult to recycle. These
events, which have been and continue to be funded by grants, have been very
successful for the community.
In December 2022 and January 2023, staff advertised a Request for Proposals for a
recycling event consultant to contract with vendors, provide staffing, and manage
event operations for each recycle collection event in 2023. Staff recommends
contracting with Olympic Environmental Resources to perform these duties
BUDGET IMPACT: This contract is fully grant funded and will be paid for by King
County's Waste Reduction & Recycling (WRR) and Hazardous Waste Management
Program (HWMP) grants, and the Department of Ecology's Local Solid Waste
Financial Assistance (LSWFA) grant.
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.
ATTACHMENTS:
Packet Pg. 7
4.B
1. Agreement (PDF)
Packet Pg. 8
4.B.a
KENT
WISHING-1
GOODS & SERVICES AGREEMENT
between the City of Kent and
Olympic Environmental Resources, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State
of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206)
938-8262, Contact: Paul Devine (hereinafter the "Vendor"). o
AGREEMENT
I. DESCRIPTION OF WORK.
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The Vendor shall provide the following goods and materials and/or perform the following services for o
the City: .5
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The Vendor shall assist with the City's 2023 Recycling Events. For a description, see the 2'
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Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. r
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, a
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources. 0
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by November 1, 2023.
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred a
Fifty-Seven Thousand, Seven Hundred Dollars ($157,700.00), including applicable Washington State Sales a
Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor
the following amounts according to the following schedule:
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The Vendor shall be paid after execution of agreement and submittal of invoice for services Q
provided.
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 9
4.B.a
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL 0
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CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- c
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. The Vendor has the ability to control and direct the performance and details of its •2
work, the City being interested only in the results obtained under this Agreement. E,
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B. The Vendor maintains and pays for its own place of business from which the Vendor's r
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a business 0
deduction for federal income tax purposes that existed before the City retained the •S
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
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D. The Vendor is responsible for filing as they become due all necessary tax documents M
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue. 0
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E. The Vendor has registered its business and established an account with the state �'
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Department of Revenue and other state agencies as may be required by the Vendor's a
business and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its r
business. Q
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 10
4.B.a
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change. i
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VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their E
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to W
the current pandemic. •2
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If an future performance is prevented or delayed b a force majeure event the art whose �'
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performance is prevented or delayed shall promptly notify the other party of the existence and nature of r
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in w
performance and provided, that the party prevented or delayed has not caused such event to occur and m
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. —
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City 0
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
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during the force majeure event. The cost to restart, change, or secure the work or project site arising from a
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
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VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 11
4.B.a
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate i
was determined; and o
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result a
of the asserted events giving rise to the claim. The City shall have access to any of the c
Vendor's records needed for evaluating the protest. °
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The City will evaluate all claims, provided the procedures in this section are followed. If the W
City determines that a claim is valid, the City will adjust payment for work or time by an •2
equitable adjustment. No adjustment will be made for an invalid protest. E,
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed r
promptly to provide the goods, materials and services required by the City under this
Agreement. W
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this v
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE a
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
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provided under this Agreement in accordance with the provisions of this Agreement. In addition to any Q
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 12
4.B.a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Vendor shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's i
negligence. 3
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION c
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER c
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. W
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made E,
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having 0
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor r
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the w
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. e
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the u,
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work. a
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XV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its r
contractors and consultants to use recycled and recyclable products whenever practicable. A price Q
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 13
4.B.a
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, i
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made o
without additional written consent. N
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of W
or altering in any manner this Agreement. All of the above documents are hereby made a part of this •2
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any E,
language contained in this Agreement, the terms of this Agreement shall prevail. 0
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's w
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of m
the performance of those operations. S
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act. a)
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J. City Business License Required. Prior to commencing the tasks described in Section I,
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Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a
Kent City Code.
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GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 14
4.B.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR: CITY OF KENT:
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By: By: o
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Print Name: Print Name: Dana Ralph
Its Its Mayor
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DATE: DATE: °
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Q
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VENDOR: CITY OF KENT: p
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Paul Devine Chad Bieren, P.E.
Olympic Environmental Resources, Inc. City of Kent w
4715 SW Walker Street 220 Fourth Avenue South
Seattle, WA 98116 Kent, WA 98032
(206) 938-8262 (telephone) (253) 856-5500 (telephone)
N/A (facsimile) (253) 856-6500 (facsimile)
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APPROVED AS TO FORM:
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Kent Law Department
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ATTEST: c
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Kent City Clerk Q
GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 15
4.B.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement o
of Title VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination) 0
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination
regarding suspension or termination for all or part of the Agreement.
The statements are as follows: E
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1. I have read the attached City of Kent administrative policy number 1.2. a
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I. the prime contractor, will provide a written statement Q
to all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 16
4.B.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program N
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made r_
by the contractor for work to be performed under a subcontract, including °
procurements of materials, or leases of equipment, each potential subcontractor or w
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin. 21
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D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain a
compliance with such Acts and Regulations and instructions. Where any information W
required of a contractor is in the exclusive possession of another who fails or 0
refuses to furnish the information, the contractor will so certify to the City or the M
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract a
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to: E
a. withholding payments to the contractor under the contract until the Q
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 17
4.B.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 3
21.
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and E
projects); o
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination =
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, E
(prohibits discrimination on the basis of disability); and 49 CFR Part 27; 21
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V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), r
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(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as a,
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Q
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by M
expanding the definition of the terms "programs or activities" to include all of the
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programs or activities of the Federal-aid recipients, sub-recipients and contractors, E
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination a
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities E
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation a
regulations at 49 C.F.R. parts 37 and 38; Q
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 18
4.B.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
8. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above. N
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EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 19
4.B.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of 75
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and, c
if holding Agreements with the City amounting to $10,000 or more within any given year, must °
take the following affirmative steps: w
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer. 21
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2. Actively consider for promotion and advancement available minorities and women.
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's o
nondiscrimination and equal opportunity requirements shall be considered in breach of contract M
and subject to suspension or termination for all or part of the Agreement.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public E
Works Departments to coordinate with the City's Title VI coordinator, and perform the following a�
duties for their respective departments. a
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E
regulations are familiar with the regulations and the City's equal employment opportunity
policy. Q
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 20
EXHIBIT A
City of Kent 2023 Recycling Proposal for Recycling Events
Prepared by Olympic Environmental Resources
Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides
service for many City recycling programs in the Puget Sound area. For many years, OER General Manager
Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided
recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs
and grant administration and reporting functions and has spent years fostering relationships with program
subcontractors. These relationships will support seamless management and implementation of Kent programs
in 2023. OER has the project staff and vendors in place to carry out immediate management and
implementation of Kent recycling events. U
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Residential Recycling Collection Events
OER staff has successfully managed fifty (50) recycling collection events in the City of Kent. From 1993 c
through 2015, these events provided recycling options to 43,690 Kent residents and resulted in the proper E
recycling of 9,557,679 pounds of material diverted from the Kent waste stream. c
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Qualifications of Project Staff
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Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER a
and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and
recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and E
implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his
work in the recycling industry he has developed good working relationships with area haulers, local recyclers Q
and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has
maintained all grant administration functions for all project work and has the vendors and contacts in place to
implement programs without interruption.
Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle
University in 1990.
OER Kent Recycling Proposal 2 January 9,2023
Packet Pg. 21
EXHIBIT A
Recycling Project Staffing and Management
OER shall provide adequately-trained staff for all Kent Recycling Collection Events. OER staff is experienced
and familiar with these events and very customer-service oriented. A sufficient number of OER staff shall be
present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent
event with the following staff:
Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee
operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and
within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project
Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in
all aspects of collection event management and has acted in every working capacity at events.
Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall lu
ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day. o
Karl Ruediger, Daniel Devine, and Kellin Ramage will work for OER as Event Coordinators. Karl, Daniel, and
Kellin have all worked at Kent events in the past on both residential and business events. All Event
Coordinators are experienced working with event subcontractors and implementing events. All are experienced
and skilled in assisting the event participants and providing information on reducing waste, reusing materials
and recycling. c
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Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and w
direct participants to materials collection stations. Greeters shall distribute educational materials and
promotional items as requested by the City. Henry Rance, Zach Montejano, and William Jackson have worked
with OER for many years. All are experienced at greeting event participants, directing event traffic, providing ?,
educational materials, passing out promotional items and tallying the number of participants that attend the O
events. All are experienced and skilled at making participants feel welcome to events while giving event
directions and relaying important safety information
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Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, and Immanuel Holder will work as traffic T
control staff for OER. All are experienced in working events and have worked with OER for a number of years. ;,
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In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil,
batteries, tires, household goods, scrap metal and electronics. le
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OER Kent Recycling Proposal 3 January 9,2023
Packet Pg. 22
EXHIBIT A
Recycling-related Projects Completed for Other Agencies
Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event
management, environmental education programs and compost bin and rain barrel sale management. OER
staff has over thirty years of recycling collection event and recycling project management experience. In 2023-
24, OER staff will implement over one hundred (100) residential recycling collection events, paint recycling
events, and compost/worm bin and rain barrel sales.
OER has provided event management services for:
City of Algona City of Auburn City of Bellevue
City of Black Diamond City of Burien City of Carnation
City of Covington City of Des Moines City of Duvall
City of Enumclaw City of Issaquah City of Kenmore
City of Kent City of Lake Forest Park City of Maple Valley
City of Mercer Island City of Newcastle City of Normandy Park o
City of Pacific City of Sammamish City of Tukwila
King County Solid Waste Division
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Town of Skykomish c
Washington Materials Management & Financing Authority E
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Client References
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Ms. Shellie Bates •2
Program Supervisor E,
City of Covington o
16720 SE 271st Street, Suite 100 r
Covington, WA 98042
(253) 480-2463 w'
Email: sbates@covingtonwa.gov
Ms. Cheri James
Administrative Assistant II W
City of Auburn c
P.O. Box 1300
Auburn, WA 98019
(425) 788-1185
Email: cheri.james@duvallwa.gov E
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Ms. Laura Techico, AICP
Principal Planner a
City of Des Moines
21630 11th Avenue South, Suite D
Des Moines, WA 98198-6398 a
(206) 870-6595 Q
Email: Itechico@desmoineswa.gov
OER Kent Recycling Proposal 4 January 9,2023
Packet Pg. 23
EXHIBIT A
City of Kent 2023 Recycling Event Budget
Three citywide Recycling Events to be held on March 4, 2023, June 3, 2023, and October 14, 2023. Hours will
be9amto3pm.
City-wide residential recycling collection events-three
Spring Summer Fall
Items Cost Items Cost Items Cost Total
Refrigerators-unit cost$35 each $3,200.00 Refrigerators $2,700.00 Refrigerators $3,800.00 $9,700.00
Air Conditioners-unit cost$35 each $1,680.00 Air Conditioners $1,300.00 Air Conditioners $3,200.00 $6,180.00
Water Heaters-unit cost$5 each $150.00 Water Heaters $80.00 Water Heaters $90.00 $320.00
Mini Propane Tanks-unit cost$1 each $220.00 Mini Propane Tanks $200.00 Mini Propane Tanks $100.00 $520.00
5-Gallon Propane Tanks-unit cost$5 ea $295.00 5-Gallon Propane Tani, $400.00 5-Gallon Propane Tar $200.00 $895.00
Toilets&Sinks-unit cost$15 each $1,155.00 Toilets&Sinks $1,300.00 Toilets&Sinks $1,000.00 $3,455.00
Mattresses-unit cost$30 each $8,995.00 Mattresses $6,510.00 Mattresses $7,000.00 $229505.00 N
Collection Services
Tires $3,000.00 Tires Not Acce ted Tires $3,500.00 $6,500.00
Scrap Metal/Electronics $3,500.00 Scrap Metal/Electronic $3,500.00 Scrap Metal/Electrons $3,500.00 $10,500.00
Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00
Styrofoam $1,300.00 Styrofoam $1,300.00 Styrofoam $1,300.00 $37900.00
Bulk Wood $1,500.00 Bulky Wood $1,500.00 Bulky Wood Not Accepted $37000.00
Concrete Not Acce to Concrete $4,500.00 Concrete $6,000.00 $107500.00
Paper Shredding $600.00 Paper Shredding $600.00 Paper Shredding $600.00 $1,800.00 y
Batteries $2,000.00 Batteries Not Accepted Batteries $2,000.00 $4,000.00 E
Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00 I_-
Paint Not Accepted Paint Not Accepted Paint $0.00 $0.00 L-
Mana ement Services >
Event Staff $4,500.00 Event Staff $4,500.00 Event Staff $4,500.00 $137500.00 W
Event Management $8,800.00 Event Management $8,800.00 Event Management $8,800.00 $267400.00 v
Other Q
Rentals $200.00 Rentals $2070-0 Rentals $200.00 $600.00 E,
Supplies $350.00 Supplies $350.00 Supplies $350.00 $1,050.00
Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00
Contingecy fee for unexpected cost $2,000.00 $2,000.00 $2,000.00 $6,000.00 N
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Subtotal $43,995.00 Subtotal $40,315.00 Subtotal $487690.00 a)
TOTAL I 1 1 $133,000.001 W
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Four mini Recycling Events to be held on Fridays in the Spring and Summer. Hours will be 9 am to noon or 1
pm to 4 pm. a
City Mini recycling collection events-four p
Items Cost Per Event Total for four Events
Collection Services r�
Scrap Metal/Electronics $500.00 $2,000.00
Paper Shredding $600.00 $2,400.00
Textiles $0.00 $0.00
Paint $0.00 $0.00 m
Management Services ;v
Event Staff $1,200.00 $47800.00 tM
Event Management $2,900.00 $117600.00 Q
Other
Rentals $200.00 $800.00
Supplies $125.00 $500.00 E
Mileage $150.00 $600.00 U
Contingecy fee for unexpected cost $500.00 $2,000.00 r
increasesQ
Subtotal $6,175.00
TOTAL $24,700.00
TOTAL BUDGET: $157,700.00
OER Kent Recycling Proposal 5 January 9,2023
Packet Pg. 24
EXHIBIT A
Hourly Rates for Event Management and Staff
Project Manager $80.00
Recycling Specialist $65.00
Recycling Event Staff $65.00
City of Kent 2023 Recycling Proposal: Work Samples
Recycling Collection Events OER managed: spring, summer, fall (see flyers these projects attached)
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OER Kent Recycling Proposal 6 January 9,2023
Packet Pg. 25
4.B.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
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A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
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1. Commercial General Liability insurance shall be written on ISO E
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occurrence form CG 00 01 and shall cover liability arising from o
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability w
assumed under an insured contract. The Commercial General •2
Liability insurance shall be endorsed to provide the Aggregate Per E,
Project Endorsement ISO form CG 25 03 11 85. There shall be no 0
endorsement or modification of the Commercial General Liability r
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an w'
insured under the Contractor's Commercial General Liability a,
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
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Contractor shall maintain the following insurance limits:
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1. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $1,000,000 general
aggregate and a $1,000,000 products-completed operations a
aggregate limit.
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C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following Q
provisions for Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
Packet Pg. 26
4.B.a
EXHIBIT B (Continued)
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a U
certified copy of all required insurance policies. The Contractor's N
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
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D. Acceptability of Insurers o
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Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
21
E. Verification of Coverage o
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the w
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
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F. Subcontractors
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Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor. E
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4.0
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: Washington State Salmon Recovery Funding Board Grant
Application - Authorize
MOTION: Move to adopt a Resolution authorizing the submission of an
application for grant funding from the Washington State Salmon Recovery
Funding Board, in the amount of $255,319, for the Boeing Levee Setback
Habitat Rehabilitation Project.
SUMMARY: The Washington State Salmon Recovery Funding Board grant program
provides funding to local jurisdictions to protect and restore salmon habitat through
projects like the Boeing Levee Setback Habitat Rehabilitation Project, identified as
Project LG-10 in the 2021 Salmon Habitat Plan Update.
If the City is selected, grant funds would be used to conduct a feasibility study for
the construction of the Boeing Levee Setback Habitat project. The feasibility study
would include preliminary environmental studies, development of preliminary
alternatives which will balance uses and functions of this stretch of river. The uses
include, but are not limited to, habitat, recreation, flood protection and social
equity.
This project will benefit salmon by improving habitat in the Lower Green River,
while also balancing habitat, flood protection, and recreation on the site. The
Boeing Levee is located along the right (east) bank of the Green River between S
200t" St. and S 212t" St; it is approximately 0.8 miles in length and 200 feet in
width. It is located immediately downstream from the Lower Russell Levee Habitat
Improvements, which are already providing benefit to salmon in the Lower Green.
The biggest limiting factor for salmonid productivity and population growth in the
Green River is a lack of suitable habitat for fry. The lack of habitat pushes fry to
migrate to the Puget Sound prior to obtaining adequate growth, dramatically
reducing the chance of survival. The project will also improve floodplain storage.
This grant program requires the City to pass a resolution authorizing the
submission of the application for funding.
Packet Pg. 28
4.0
BUDGET IMPACT: To be determined based on potential grant award. Grant
matching funds would come from the Drainage Utility Fund. Any grant award would
be presented to the Public Works Committee and City Council for action.
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.
ATTACHMENTS:
1. Boeing Levee-Application Resolution+Authorization - 2.2.23 (PDF)
Packet Pg. 29
4.C.a
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RESOLUTION NO. -
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A RESOLUTION of the City Council of the =
City of Kent, Washington, that: (1) authorizes the E
submission of applications for grant funding U)
assistance through the Recreation and Conservation
Office as provided for in Chapter 77.85 of the
Revised Code of Washington, and Chapter 420 of the c
Washington Administrative Code and other c,
applicable authorities; and (2) identifies the Public
Works Director and/or Mayor as the City's
authorized representatives for purposes of securing
the grant and binding the City to the grant's terms
and conditions. M
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RECITALS o
A. The City of Kent is working on the Boeing Levee Setback Habitat •-
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Rehabilitation Project, PRISM Number 23-1052. 3
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B. The City of Kent considers it in the best public interest to
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complete the projects described in the applications and to seek grant
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assistance through the Washington Recreation and Conservation Office to
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aid in financing the cost of those projects.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: >
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Recreation & Conservation Office Grants
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4.C.a
RESOLUTION
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SECTION 1. - Intent to Apply. The City has applied for or intends to 0
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apply for funding assistance managed by the Washington Recreation and
Conservation Office ("Office") for the Boeing Levee Setback Habitat
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Rehabilitation Project, PRISM Number 23-1052 ("Project"). �
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SECTION 2. - Authorized Representatives. The City authorizes the
following person or persons holding specified titles/positions (and E
subsequent holders of those titles/positions) to execute the following (cu
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documents binding the City on the above projects:
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Name of Signatory or
Grant D. PersonIq
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Grant application (submission thereof) Rowena Valencia-Gica, Environmental
Supervisor
Project contact (day-to-day administering of Rowena Valencia-Gica, Environmental M
the grant and communicating with the RCO) Supervisor
Office Grant Agreement (Agreement) Dana Ralph, Mayor N
Agreement amendments Dana Ralph, Mayor N
Authorizing property and real estate Dana Ralph, Mayor
documents (Notice of Grant, Deed of Right or °
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Assignment of Rights if applicable). These are N
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items that are typical recorded on the property 0
with the county.
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The above persons are considered an AN authorizedw
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representative(s)/agent(s)" for purposes of the documents indicated. The
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City shall comply with a request from the Office to provide documentation of
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persons who may be authorized to execute documents related to the grant.
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SECTION 3. - Grant Agreement. The City has reviewed the sample a
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Grant Agreement on the Office's WEB SITE at: https://rco.wa.gov/wp- a
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content/uploads/2019/06/SampleProjAgreement.pdf. The City understands
and acknowledges that if offered an agreement to sign in the future, it will 0
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Recreation & Conservation Office Grants t
23-1052 Boeing Levee Setback Habitat Project r
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4.C.a
contain an indemnification and legal venue stipulation and other terms and
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conditions substantially in the form contained in the sample Agreement and 0
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that such terms and conditions of any signed Agreement shall be legally m
binding on the sponsor if the representative/agent enters into an Agreement
on the City's behalf. The Office reserves the right to revise the Agreement
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prior to execution.
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SECTION 4. - Leaal Authority. The City acknowledges and warrants,
after conferring with its legal counsel, that its authorized E
representative(s)/agent(s) identified above have full legal authority to act and U)
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sign on behalf of the City for their assigned role/document. a
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SECTION 5. - Contingent Funding. Grant assistance is contingent on c,
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a signed agreement. Entering into any agreement with the Office is purely N
voluntary on the City's part.
SECTION 6. - Varying Policies and Requirements. The City
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understands that grant policies and requirements vary depending on the N
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grant program applied to, the grant program and source of funding in the
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agreement, the characteristics of the project, and the characteristics of the
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SECTION 7. - Revisions to Agreement. The City further understands
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that prior to the City's authorized representative(s)/agent(s) executing any
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of the documents listed above, the Office may make revisions to its sample
Agreement and that such revisions could include the indemnification and the c
legal venue stipulation. The City accepts the legal obligation that the City
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shall, prior to execution of the Agreement(s), confer with the City's a
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authorized representative(s)/agent(s) as to any revisions to the project
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Agreement from that of the sample Agreement. The City also acknowledges J
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and accepts that if the City's authorized rep resentative(s)/agent(s) executes o
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Recreation & Conservation Office Grants M
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4.C.a
the Agreement(s) with any such revisions, all terms and conditions of the
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executed Agreement shall be conclusively deemed to be executed with the
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City's authorization. 0
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SECTION S. - Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and _
necessary to implement the project(s) referenced above. o
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SECTION 9. - Matching Funds Availability. If match is required for the o
grant, the City understands it must certify the availability of match at least M
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one month before funding approval. In addition, The City understands it is
responsible for supporting all non-cash matching share commitments to U)
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these projects should they not materialize.
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SECTION 10. - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay the City on
only a reimbursement basis. The City understands reimbursement basis
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means that the City will only request payment from the Office after the City N
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incurs grant eligible and allowable costs and pays them. The Office may also
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determine an amount of retainage and hold that amount until all project
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deliverables, grant reports, or other responsibilities are complete. o
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SECTION 11. - Property Dedication for Development, Renovation
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Enhancement, and Restoration Protects. The City acknowledges that any
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property owned by the City that is developed, renovated, enhanced, or
restored with grant assistance must be dedicated for the purpose of the grant c
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in perpetuity unless otherwise allowed by grant program policy, or Office in
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writing and per the Agreement or an amendment thereto.
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SECTION 12. - Conflicts. The City certifies the following: The Project �
does not conflict with the Puget Sound Action Agenda developed by the Puget
Sound Partnership under RCW 90.71.310. m°
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Recreation & Conservation Office Grants t
23-1052 Boeing Levee Setback Habitat Project r
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4.C.a
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SECTION 13. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to the Office. c
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SECTION 14. - Certification. The City warrants and certifies that this
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resolution was properly and lawfully adopted following the requirements of Ui
the City and applicable laws and policies, and that the City has full legal
authorityto commit itself to the warranties certifications promises and o
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obligations set forth herein. o
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SECTION 15. - Effective Date and Approval. This resolution will take U)
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effect immediately and is signed and approved by the Mayor through a
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majority vote of the City Council for the City of Kent. A copy of this resolution o
is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA.
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DANA RALPH, MAYOR Date Approved
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ATTEST: N
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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APPROVED AS TO FORM: a
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TAMMY WHITE, CITY ATTORNEY
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Packet Pg. 34
4.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: Puget Sound Regional Council Grant for Meet Me on Meeker -
Thompson Avenue to Interurban Trail - Authorize
MOTION: Authorize the Mayor to sign agreements with the Washington
State Department of Transportation to accept federal grant funds for the
Meet Me on Meeker - Thompson Ave to Interurban Trail project, in the
amount of $4,757,500; amend the budget; authorize the expenditure of the
grant funds accordingly and the expenditure of up to $742,500 in local
matching funds from the Street Fund; and authorize the Mayor to sign all
necessary documents to complete the project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The Puget Sound Regional Council (PSRC) issues a merit-based
project selection process as part of the Regional Transportation Improvement
Program every two years. At the start of each funding cycle, PSRC adopts a Policy
Framework to guide selection of projects which support the region's growth
strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's
federal funds has been to support the development of centers and the corridors that
serve them. The project selection process includes four countywide and one
regional forum responsible for coordinating the competitions and recommending
projects to the PSRC Transportation Policy Board, which includes representatives of
member jurisdictions from across the region.
In March 2022, the City applied to PSRC for design and construction funds for
improvements on Meeker Street between Thompson Avenue and the Interurban
Trail. The project will add a two-way bike facility on West Meeker Street, enhanced
pedestrian crossing facilities, and a compact roundabout at the intersection with
Lincoln Avenue. The project will be built to the Meet Me on Meeker Street design
standards adopted in 2016. The improvements will support the link between
neighborhoods and downtown Kent, and transportation users of all modes with
pedestrian crossing facilities, lighting, and separated bicycle facilities.
The project is estimated to cost $6,100,000, including a local match of 20%
($742,500) with design work to begin in October 2024. Staff proposes the required
matching funds be paid from B&O funds.
BUDGET IMPACT: Estimated budget impact is $724,500 from B&O funds to match
Packet Pg. 35
4.D
Federal grant 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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Meet Me on Meeker Award Letter (PDF)
Packet Pg. 36
4.D.a
ruget SoundRegional Council
1011 WESTERN AVENUE, SUITE 500 SEATTI_E,WA 98104.1035 psrc.%g 206 464 7090
November 10, 2022
The Honorable Dana Ralph
City of Kent
220 Fourth Avenue S
Kent, WA 98032 0
Dear Mayor alph:
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Congratulations! I'm pleased to let you know that the City of Kent is receiving $6,157,500 in PSRC c
funding for the following projects: i4
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PROJECT AWARD FUNDING FUNDING y
AMOUNT SOURCE DEADLINE a
East Valley Highway Preservation (84th 04
Ave South from S 212th St to S 196th St) $1,400,000 FHWA June 1, 2025
Meet Me on Meeker- Thompson Ave to
Interurban Trail $4,757,500 FHWA June 1, 2025 (D
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The projects are part of a $5.4 billion Regional Transportation Improvement Program for 2023-2026 'a
that was adopted by PSRC's Executive Board in October. Final approval by the Governor and federal
funding agencies is expected in early 2023. This program includes a wide variety of investments over a
the next four years, addressing the needs of transit, state and local roadways, bicycle and pedestrian 0
facilities, maintenance and preservation, and others.
Your projects performed well in PSRC's merit-based project selection process, which identifies priority o
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.
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Thank you and your team for continuing to provide essential services to your community throughout the
pandemic. I look forward to continuing to partner with you on efforts to help the region thrive for the long a
term. ,{ E
Sincerely, Q
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Josh Brown
Gam ^
Executive Director, Puget Sound Regional Council r I
cc: Chad Bieren, Public Works Director
Packet Pg. 37
4.E
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: Puget Sound Regional Council, King County Competition
Grant for East Valley Highway Preservation (84th Avenue
South from S 212th Street to S 196th Street) - Authorize
MOTION: Authorize the Mayor to sign agreements with the Washington
State Department of Transportation to accept federal grant funds for the
East Valley Highway Preservation (841" Avenue South from S 212t" St. to S
196t" St.) project in the amount of $1,400,000; amend the budget;
authorize the expenditure of the grant funds accordingly; authorize the
expenditure of up to $1,445,000 in local matching funds from the Street
Fund; and authorize the Mayor to sign all necessary documents to
complete the project, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Puget Sound Regional Council (PSRC) issues a merit-based
project selection process as part of the Regional Transportation Improvement
Program every two years. At the start of each funding cycle, PSRC adopts a Policy
Framework to guide selection of projects, which support the region's growth
strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's
federal funds has been to support the development of centers and the corridors that
serve them. The project selection process includes four countywide and one
regional forum responsible for coordinating the competitions and recommending
projects to the PSRC Transportation Policy Board, with representatives of member
jurisdictions from across the region. The King County forum has a category specific
to roadway preservation projects.
In March 2022, the City applied to PSRC for design and construction funds for
preservation improvements on East Valley Highway (84th Avenue South) between S
212th Street and S 196th Street. The project includes grinding, replacement of
failing pavement sections, and a full-width asphalt concrete pavement overlay.
Curb ramps and pedestrian push buttons will be evaluated and upgraded as
needed.
The project is estimated to cost $2,845,000, including a local match of
approximately 50% ($1,445,000) with design work to begin in October 2024. Staff
proposes the required matching funds be paid from the Street Fund.
Packet Pg. 38
4.E
BUDGET IMPACT: Estimated budget impact is $1,445,000 from the Street Fund to
match Federal 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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Grant Award Letter EVH (PDF)
Packet Pg. 39
4.F
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: Speed Limit Changes - Adopt
MOTION: I move to repeal Resolution No. 2049 and adopt a new Resolution
updating the reasonable and safe maximum speed limits on certain
designated streets, as posted by official traffic control devices, pursuant to
Chapter 9.40 of the Kent City Code.
SUMMARY: This Resolution updates the maximum speed limits, currently
established in Resolution 2049, under the authority of the City Traffic Engineer
established in chapter 9.36 of the Kent City Code. This chapter of the City code
adopts the Model Traffic Ordinance found in chapter 308-330 of the Washington
Administrative Code.
Specifically, maximum safe speed limits were updated in several locations after
recent engineering and traffic investigation. Changes to the speed limits on state
routes must also be approved by the Washington State Department of
Transportation (WSDOT).
The following changes are proposed in this Resolution:
Lake Fenwick Road (Reith Rd to S 272 St) - Reduce from 35 to 30 mph.
Pacific Hwy S/SR 99 (SR 516 to S 272 St) - Reduce from 45 to 40 mph.
SE 260 St - 108 Ave SE (97 PI S to SR 516) - Reduce from 35 to 30 mph.
SE 264 St (104 Ave SE to 108 Ave SE) - Reduce from 35 to 25 mph.
BUDGET IMPACT: None. All changes to signage handled within existing 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.
Packet Pg. 40
4.F
ATTACHMENTS:
1. Speed Limit ResoIution_2023_Draft (PDF)
Packet Pg. 41
4.F.a
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, repealing Resolution
No. 2049 and adopting updated reasonable and
safe maximum speed limits on certain designated
streets, as posted by official traffic control E
devices, pursuant to Chapter 9.40 of the Kent City
Code. a
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RECITALS
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A. Chapters 9.36 and 9.40 of the Kent City Code (KCC) adopt by o
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reference the Washington Model Traffic Ordinance set forth in Chapter 308- N
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330 Washington Administrative Code (WAC). c�
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B. The Washington Model Traffic Ordinance and RCW 46.61.415 N
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set forth the procedure for local authorities to determine and declare the
maximum speed limits on city arterials, streets, and other rights-of-way, E
based on an engineering and traffic investigation by the traffic engineer.
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Following this engineering and traffic investigation, the City may establish U)
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limits on certain designated streets by resolution.
C. Previously, Resolution No. 2049 established the maximum a
speed limits on certain designated streets in the City. Now, as a result of a
subsequent engineering and traffic investigation, the City Council desires to
update and amend the list of speed limits set forth in Resolution No. 2049.
1
Resolution -
Vehicular Speed Limits
Packet Pg. 42
4.F.a
D. Accordingly, this resolution repeals Resolution No. 2049 and
makes the following updates. The maximum speed limits were reduced in
several locations due to recent engineering studies and traffic
investigations, and changes in surrounding land-use context, including
consultation with the Washington State Department of Transportation on
state routes where applicable. Additionally, one section of roadway was
removed from the list of speed limits because the speed was reduced to the
default speed limit of 25 miles per hour (mph). Streets within the City of
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Kent that are not listed in this Resolution default to 25 mph per RCW
46.61.400(2)(a).
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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RESOLUTION
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SECTION 1. - Repealer. Resolution No. 2049 relating to vehicular N
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speed limits is hereby repealed in its entirety. 1�
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SECTION 2. - Adopt. The City Council hereby adopts the Reasonable
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and Safe Maximum Speed Limits on Certain Streets, Highways, or other
Rights-of-Way attached as Exhibit A. J
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SECTION 3. - Duties of City traffic engineer. The City traffic
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engineer is authorized to take whatever steps are necessary to comply with E
all statutory directives regarding approval of these speed limits by the State, .2
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where applicable; including posting official traffic control devices and
regulating the timing of traffic signals, as set forth in the Washington Model
Traffic Ordinance in Chapter 308-330 WAC, adopted by reference pursuant
to Sections 9.36.010 and 9.40.010 of the Kent City Code.
2
Resolution -
Vehicular Speed Limits
Packet Pg. 43
4.F.a
SECTION 4. - 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 5. - Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
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SECTION 6. - Corrections by City Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this E
resolution, including the correction of clerical errors; resolution, section, or
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subsection numbering; or references to other local, state, or federal laws, v)
codes, rules, or regulations. M
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SECTION 7. - Effective Date. This resolution shall take effect and be
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in force immediately upon its passage. N
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DANA RALPH, MAYOR Date Approved
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ATTEST: a
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
3
Resolution -
Vehicular Speed Limits
Packet Pg. 44
4.F.a
EXHIBIT A
Reasonable and Safe Maximum Speed Limits on Certain Streets,
Highways or other Rights-of-Way within the City of Kent.
It is determined, on the basis of engineering and traffic investigations, that the
speed permitted by state law upon the following streets or portion thereof is less
than, or in some cases, more than, is reasonable and safe for the operation of vehicles
under the conditions found to exist on that street or portion thereof. It is hereby
declared that the speed limits on such streets shall be as set forth on the streets or U
portions of the streets listed, at all times, unless otherwise specified, after official E
traffic control devices have been posted to give notice thereof; provided, that in no
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case shall the speed limit on City streets be lower than twenty (20) miles per hour `)
(mph) or exceed sixty (60) miles per hour (mph).
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Name of street or portions affected Speed limit o�
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1. 4t" Avenue North from the intersection of 35 mph cl
South 228t" Street to the overpass for SR 167
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2. 41" Avenue North/4t" Avenue South from the 30 mph
overpass for SR 167 to the intersection of
Willis Street (SR 516) E
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3. 42nd Avenue South from the intersection of 35 mph a
South 212t" Street to the intersection of South
216t" Street
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4. 64t" Avenue South from the intersection of 35 mph a
South 212t" Street to the intersection of West a
Meeker Street
5. 72nd Avenue South/70t" Avenue South from 35 mph
the north city limits at the intersection of
South 180t" Street to the intersection of South
228t" Street
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Exhibit A -
Vehicular Speed Limits
Packet Pg. 45
4.F.a
6. 7211 Avenue South from the intersection of 35 mph
South 262nd Street to the intersection of South
277t" Street
7. 74t" Avenue South from the intersection of 35 mph
Kent-Des Moines Rd (SR 516) to the
intersection of South 259t" Street
8. 76t" Avenue South from the intersection of 35 mph
South 212t" Street to the intersection of South
228t" Street
9 77' Avenue South from the intersection of 35 mph U
South 212t" Street to the north end of the road E
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10. 80t" Avenue South from the north city limits 35 mph
at the intersection of South 180t" Street to the
intersection of South 196t" Street
11. 80t" Place South from the intersection of 80t" 35 mph
Avenue South to the intersection of 84t"
Avenue South (190t" Street) o�
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12. 84t" Avenue South/East Valley Highway from 40 mph N�
the north city limits at the intersection of c
South 1801" Street to the intersection of the
SR 167 southbound ramps o
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13. 97t" Place South from the intersection of 30 mph
Canyon Drive (SR 516) to the intersection of E
1001" Place Southeast
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14. 1015t Avenue Southeast from the intersection 30 mph `)
of Southeast 256t" Street (SR 516) to the
intersection of Southeast 2601" Street E
15. 104t" Avenue Southeast/Benson Road 40 mph a
Southeast/108t" Avenue Southeast (SR 515)
from the north city limits at the intersection of
Southeast 192nd Street to a point 300 feet
north of the intersection of Southeast 235t"
Street
2
Exhibit A -
Vehicular Speed Limits
Packet Pg. 46
4.F.a
16. 104t" Avenue Southeast (SR 515) from a point 35 mph
300 feet north of the intersection of Southeast
235t" Street to the intersection of Southeast
256t" Street (SR 516)
17. 104t" Avenue Southeast from the intersection 35 mph
of Southeast 256t" Street (SR 516) to the
intersection of Southeast 272nd Street
18. 108t" Avenue Southeast from the intersection 35 mph
of Southeast 260t" Street to the south city
limits at Southeast 2801" Street 0,
19. 114t" Avenue Southeast from the intersection 35 mph U
of Southeast Kent-Kangley Road (SR 516) to E
the intersection of Southeast 2691" Street
a�
20. 116t" Avenue Southeast from the intersection 35 mph
of Southeast 208t" Street to the intersection
of Southeast Kent-Kangley Road (SR 516)
M
21. 116t" Avenue Southeast/Southeast 274t" 40 mph
Street from the intersection of Southeast o
Kent-Kangley Road (SR 516) to the overpass N�
for 108t" Avenue Southeast N
i
0
22. 120t" Avenue Southeast from the intersection 35 mph
of Southeast 240t" Street to the intersection 0
of Southeast 248t" Street
23. 124t" Avenue Southeast from the intersection 35 mph J
of Southeast 192nd Street to the intersection
of Southeast 208t" Street a
24. 124t" Avenue Southeast from the intersection 35 mph C
of Southeast 248t" Street to the south city E
limits at Southeast 282nd Street
a
25. 132nd Avenue Southeast from the intersection 35 mph
of Southeast Lake Youngs Way to the south
city limits at Southeast 288t" Street
3
Exhibit A -
Vehicular Speed Limits
Packet Pg. 47
4.F.a
26. 1441" Avenue Southeast from the intersection 35 mph
of Southeast Kent-Kangley Road (SR 516) to
the south city limits at Southeast 288t"
Street
27. 148t" Avenue Southeast from the intersection 35 mph
of Southeast 240t" Street to the intersection
of Southeast 256t" Street
28. 152nd Avenue Southeast from the inter- 35 mph
section of Southeast Kent-Kangley Road (SR
N
516) to the south city limits at Southeast
282nd Place
U
29. Canyon Drive (SR 516) from the intersection 40 mph E
of Hazel Avenue North to the intersection of
100t" Place Southeast a
as
a
U)
30. Central Avenue North/84t" Avenue South from 35 mph
the intersection of the SR 167 southbound
ramps to the intersection of East James Street
31. Central Avenue North from the intersection of 30 mph o�
East James Street to the intersection of East N
Smith Street (SR 516) N�
c
32. Central Avenue North/Central Avenue South 30 mph
(SR 516) from the intersection of East Smith o
Street (SR 516) to the intersection of East
Willis Street (SR 516)
E
J
33. Central Avenue South from the intersection of 40 mph
East Willis Street (SR 516) to the south city a
limits at the Green River Bridge U)
c
34. East Smith Street (SR 516) from the 30 mph E
intersection of Central Avenue North (SR 516)
to the intersection of Hazel Avenue North a
35. Green River Road from the north city limits 35 mph
about 460 feet North of the Green River (Don
Wickstrom) Bridge to the South city limits
about 1,200 feet south of the same bridge
4
Exhibit A -
Vehicular Speed Limits
Packet Pg. 48
4.F.a
36. James Street/Southeast 240t" Street from 35 mph
the intersection of Russell Road to the
intersection of 116t" Avenue Southeast
37. Lake Fenwick Road from the intersection of 30 mph
Reith Road to the intersection of South 272nd
Street
38. Maple Street from Reiten Road to Tilden 30 mph
Avenue
N
39. Military Road South from the north city limits 35 mph
at South 2291" Place to the intersection of
South 250t" Street
E
40. Military Road South from the intersection of 40 mph J
South 2501" Street to the south city limits at
South 272nd Street
41. Pacific Highway South (SR 99) from the north 40 mph
city limits at South Kent-Des Moines Road (SR
516) to the south city limits at South 272nd L
Street o�
M
N
42. Reiten Road from East Titus Street to Maple 30 mph N�
Street
0
:r
43. Reith Road/South 2591" Place/South 260t" 35 mph N
Street from the intersection of Pacific Highway W
South (SR 99) to the intersection of South
Kent-Des Moines Road (SR 516) E
as
44. Riverview Boulevard South from the 35 mph a
intersection of South 216t" Street to the U)
intersection of the eastbound Veterans Drive C
ramp E
45. South 190t" Street from the intersection of 35 mph a
62nd Avenue South to the intersection of 72nd
Avenue South
46. South 194t" Street/58t" Place South from the 35 mph
intersection of 66t" Avenue South to the
intersection of Russell Road
5
Exhibit A -
Vehicular Speed Limits
Packet Pg. 49
4.F.a
47. South 196t" Street/Russell Road/South 200t" 35 mph
Street from the west city limits at the Green
River Bridge to the intersection of 84t" Avenue
South
48. South 2081" Street from the intersection of 35 mph
84t" Avenue South to the intersection of 92nd
Avenue South
49. South 212' Street/Orillia Road South/South 40 mph
212t" Way/South 208t" Street/Southeast
208t" Street from the west city limits about
1,100 feet west of 42nd Avenue South to the c
intersection of 132nd Avenue Southeast
50. South 216t" Street from the intersection of 35 mph
64t" Avenue South to the intersection of 72na
Avenue South
51. South 2201" Street from the intersection of 35 mph
West Valley Highway/68t" Avenue South (SR
181) to the intersection of 72nd Avenue South
L
52. South 224t" Street/88t" Way South from the 30 mph N�
intersection of 84t" Avenue South to South N
218t" Street C'
0
:r
53. South 228t" Street from the intersection of 35 mph c
54t" Avenue South to the intersection of West
Valley Highway/68t" Avenue South (SR 181)
E
54. South 228t" Street/83rd Avenue South/South 30 mph -0
224t" Street from the intersection of West a
Valley Highway/68t" Avenue South (SR 181)
to the intersection of 84t" Avenue South c
a)
E
55. South 240t" Street from the west city limits at 35 mph
27t" Avenue South to the intersection of a
Pacific Highway South (SR 99)
56. South 248t" Street/Southeast 248t" Street 35 mph
from the intersection of 94t" Avenue South to
the intersection of 132nd Avenue Southeast
6
Exhibit A -
Vehicular Speed Limits
Packet Pg. 50
4.F.a
57. South 272nd Street from the west city limits at 35 mph
Pacific Highway South (SR 99) to the city
limits 140 feet west of the intersection of 315t
Avenue South
58. South Kent-Des Moines Road (SR 516) 35 mph
eastbound from the west city limits about 50
feet west of the intersection of 27t" Avenue
South to the intersection of 30t" Avenue South
59. South Kent-Des Moines Road (SR 516) from 40 mph y
the Union Pacific Railroad Tracks about 250
feet east of the intersection of 74t" Avenue
South to the intersection of 4t" Avenue South
E
60. Southeast 192nd Street from 1081" Avenue 40 mph
Southeast (SR 515) to the east city limits at
124t" Avenue Southeast
61. Southeast 196t" Street from 108t" Avenue 35 mph
Southeast (SR 515) to the intersection of
124t" Avenue Southeast
L
62. Southeast 208t" Street from 132nd Avenue 35 mph N�
Southeast to east city limits about 580 feet N
east of 135t" Avenue Southeast c1
0
:r
63. Southeast 2401" Street from the intersection 40 mph N
of 116t" Avenue Southeast to the intersection W
of 137t" Avenue Southeast =
E
J
64. Southeast 240t" Street from the intersection 35 mph
of 137t" Avenue Southeast to the east city a
limits at the intersection of 148t" Avenue
Southeast C
a)
E
65. Southeast 256t" Street (SR 516) from the 35 mph
intersection of 100t" Place Southeast to the a
intersection of Southeast Kent-Kangley Road
(SR 516)
7
Exhibit A -
Vehicular Speed Limits
Packet Pg. 51
4.F.a
66. Southeast 256t" Street from the intersection 35 mph
of Southeast Kent-Kangley Road (SR 516) to
the east city limits at the intersection of 148t"
Avenue Southeast
67. Southeast 260t" Street/108t" Avenue 30 mph
Southeast from the intersection of 97t" Place
South to the intersection of Southeast Kent-
Kangley Road (SR 516)
68. Southeast 267t" Street from the intersection 30 mph
of Woodland Way to the intersection of 104t"
Avenue Southeast a
U
69. Southeast 277t" Street from the west city 50 mph E
limits about 700 feet west of the Green River
Bridge to the overpass for 108t" Avenue
Southeast
70. Southeast Kent-Kangley Road (SR 516) from 35 mph
the intersection of Southeast 256t" Street to
the intersection of 116t" Avenue Southeast
L
71. Southeast Kent-Kangley Road/Southeast 45 mph N�
272nd Street (SR 516) from the intersection of N
116t" Avenue Southeast to the east city limits cl
about 45 feet West of the intersection of 160t" :�
Avenue Southeast o
a�
72. Southeast Kent-Kangley Road from the west 45 mph
city limits about 27 feet east of the E
intersection of Southeast Summit Landsburg
Road to the east city limits about 670 feet a
West of 262nd Avenue Southeast
c
as
73. Southeast Lake Youngs Way from the 35 mph E
northeast city limits about 400 feet Southwest
of Soos Creek to 132nd Avenue Southeast a
8
Exhibit A -
Vehicular Speed Limits
Packet Pg. 52
4.F.a
74. Southeast Summit-Landsburg Road from the 35 mph
west city limits about 555 feet North of the
intersection of Southeast Kent-Kangley Road
to the northwest city limits about 835 feet
Southwest of the intersection of Southeast
262nd Street
75. Veterans Drive/South 228' Street from the 40 mph
intersection of Military Road South to the
intersection of 54t" Avenue South
N
76. West Meeker Street from South Kent-Des 30 mph
Moines Road (SR 516) to the intersection of
6t" Avenue U
E
77. West Smith Street/East Smith Street from the 30 mph
intersection of Lincoln Avenue North to the a
intersection of Central Avenue North (SR 516)
78. West Valley Highway/681" Avenue South (SR 50 mph
181) from the north city limits at South 180t"
Street to 830 feet North of the intersection of
South 2381" Street/Oberto Drive of
M
N
79. West Valley Highway/Washington Avenue 35 mph N
North/Washington Avenue South (SR 181) cl
from the intersection of South 238t" Street/
Oberto Drive to the intersection of South o
Kent-Des Moines Road (SR 516)
80. West Valley Highway/Washington Avenue 35 mph E
J
South from the intersection of South Kent-Des
Moines Road (SR 516) to the intersection of a
Frager Road U)
c
81. West Valley Highway from the intersection of 40 mph E
Frager Road to a point 180 feet north of the
intersection of South 262nd Street a
82. West Valley Highway from a point 180 feet 50 mph
north of the intersection of South 262nd Street
to the intersection of South 277t" Street
9
Exhibit A -
Vehicular Speed Limits
Packet Pg. 53
4.F.a
83. Willis Street/West Willis Street/East Willis 30 mph
Street (SR 516) from the intersection of 4t"
Avenue South to the intersection of Central
Avenue South (SR 516)
84. Woodland Way South from Tilden Avenue to 30 mph
the intersection of Southeast 267t" Street
N
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10
Exhibit A -
Vehicular Speed Limits
Packet Pg. 54
4.G
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: INFO ONLY: Neighborhood Parking Restrictions
SUMMARY: From time to time it is necessary to update the parking restrictions in
the City Code. Parking areas in new developments and parking issues noted by
staff or residents are two primary reasons for updates. Staff heard from Kent
Police, Puget Sound Regional Fire Authority and several neighborhoods about
parking issues. Staff has worked with the community and is ready to recommend
new parking restrictions.
Narrow Streets in Existing Neighborhoods
Four neighborhoods in the City have contacted us over concerns with parking on
narrow streets. The neighborhoods are Ridge at Panther Lake, Plateau at Panther
Lake, Vila Real, and Midori Meadows. All four of these neighborhoods are in the
Panther Lake Annexation area. Several streets in these neighborhoods do not meet
the minimum width for parking on one side or both sides. The neighborhoods as
shown in Exhibit 1 are:
1. The Ridge at Panther Lake - no parking on one or both sides.
2. The Plateau at Panther Lake - no parking on one or both sides.
3. Villa Real - no parking on one or both sides.
4. Midori Meadows - no parking on both sides of 131 PI SE.
Requests from the Kent Police Department and Puget Sound Regional Fire
Department
Request for parking restrictions also come from the Kent Police Department (KPD)
and the Puget Sound Regional Fire Authority (PSRFA) for parking restrictions in
locations that they come across in the City. These locations are evaluated, and
parking restrictions are proposed where issues are identified. The streets shown in
Exhibit 2 and their proposed restrictions are:
1. SE 220 St (102 PI SE to 103 PI SE) - no parking on both sides.
2. S 243 St (93 Ct S to 94 Ave S) - no parking on south side,
93 Ct S (north end to S 243 St) - no parking on east side,
3. 133 Ave SE (SE 224 St to SE 224 PI) - no parking on west side.
4. S 228 St (88 Ave S to west end) - no parking on both sides.
5. S 222 St (92 to 93 Ave S) - no parking on both sides.
92 Ave S (S 222 St to south end) - no parking on both sides.
Packet Pg. 55
4.G
6. S 203 St (Chestnut Ridge Park) - no stopping, standing, or parking anytime
(north side); no stopping, standing, or parking 10pm to 6am, south side.
7. 3rd Ave S (940 feet south of W Crow St to S 259 St) - no parking on both
sides.
8. 25 Ave S (S 260 St to end) - no parking 10pm to 6am on both sides (north
section); no parking anytime on both sides (south section).
$65,000 from existing operating funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thrivin4 City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Neighborhood Parking Restrictions Map 1 (PDF)
2. Neighborhood Parking Restrictions Map 2 rev (PDF)
Packet Pg. 56
------------------- -
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Exhibit 2 — KPD and PSRFA Requested Parking Restrictions
Packet Pg. 57
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Exhibit 2 - KPD and PSRFA Requested Parking Restrictions
Packet Pg. 58
4.H
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 6, 2023
TO: Public Works Committee
SUBJECT: INFO ONLY: Residental Traffic Calming Program Update
SUMMARY: The Residential Traffic Calming Program (RTCP) continues to address
livability concerns in the City's neighborhoods. Public Works received a total of 24
traffic calming requests in 2022. Staff will provide an update on the status of the
RTCP and the number of requests in each phase of the process.
The last RTCP status update to Council was on April 18, 2022. New activities within
the RTCP since that time include:
1) Received 18 new RTCP requests (24 total in 2022)
2) Scheduled and evaluated 28 neighborhood traffic studies
3) Conducted two neighborhood meetings for the requests that meet the
RTCP qualifications
4) Developed three conceptual neighborhood traffic calming plans
5) Completed the voting process for four neighborhoods with plans for six
more neighborhood votes underway.
The solid waste utility tax ordinance includes $150,000 per year for implementation
of the RTCP program and associated traffic calming measures.
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. Updated Map of RTCP Requests (PDF)
Packet Pg. 59
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