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City Council Meeting - Council - Regular Agenda - 2/7/2023
^*4 KENT CITY COUNCIL AGENDA • Tuesday, February 7, 2023 KENT 7:00 PM W A 5 H I N G T O N Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 869 9224 6608, Passcode: 119603 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Year ii. Employee of the Month iii. Proclamation for Black History Month iv. Appointments to the Land Use and Planning Board B. Community Events C. Economic and Community Development Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report City Council Meeting City Council Regular Meeting February 7, 2023 C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkCa@kentwa.gov or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@kentwa. _gov. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.aov and CityCouncil@KentWA.gov. Emails are not read into the record. S. CONSENT CALENDAR A. Approval of Minutes Council Workshop - Workshop Regular Meeting - Jan 17, 2023 5:00 PM City Council Meeting - City Council Regular Meeting - Jan 17, 2023 7:00 PM B. Payment of Bills - Authorize C. Appointments to the Land Use and Planning Board - Confirm D. Agreement with Express Employment Professionals - Authorize E. Resolution Allocating Funds to Finance Affordable Housing Projects in South King County Communities - Adopt F. Goods and Services Agreement with Siemens Industry, Inc., for City of Kent HVAC System Software - Authorize G. Interlocal Agreement with the City of Federal Way for Jail Services - Authorize H. Amendment to Interlocal Agreement with King County to Accept Funds from King County Conservation Futures for the Ruth Property Acquisition - Authorize 9. OTHER BUSINESS 10. BIDS City Council Meeting City Council Regular Meeting February 7, 2023 A. Rectangular Rapid Flashing Beacon Crossing Improvements Project - Awa rd B. 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) B. Collective Bargaining, RCW 42.30.140(4)(a) 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 4.A.3 PROCLAMATION WHEREAS, since 1976, every United States president has officially designated the month of February as national Black History Month to honor and affirm the importance of Black history throughout our American experience; and WHEREAS, the observance of Black History Month began in 1926, when Harvard - trained historian Carter G. Woodson and Minister Jesse Moorland sponsored the first national Negro History Week, which was celebrated the second week in February and later, in the 1960s as part of the Civil Rights Movement, the observance evolved into Black History Month; and WHEREAS, Black History Month serves as a celebration of the accomplishments and contributions of Black Americans throughout the history of our nation, the fullness of African American history and culture and a time to recognize that across the generations, countless Black Americans have demonstrated profound moral courage and resilience to help shape our Nation for the better; and WHEREAS, much of the City of Kent's strength and success can be attributed to the diversity of cultures and traditions that are celebrated by the residents of this great City; and WHEREAS, African Americans have played significant roles and made lasting contributions to our City's history and the history of Washington's economic, cultural, spiritual and political development, while working tirelessly to contribute to every aspect of American society including business, education, medicine, politics, science, and the arts; and WHEREAS, Black History Month is a time for all Americans to remember the contributions and legacy of those who helped build our nation, advanced the cause of civil rights for all Americans, continue to fight against prejudice to secure lives of dignity and opportunity for all of our residents, and strengthen our families and communities. NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM FEBRUARY 2023, TO BE Black History Month in the City of Kent and encourage all residents to join me in honoring the many contributions made by African Americans to our City, State, and Nation, and to participate in the many educational and inspirational events celebrating February 2023 as Black History Month. In witness whereof, I have hereunto set my hand this 7th day of February, 2023. KEN• T W A S M I N O T O N 6 Mayor Da a R Iph Packet Pg. 4 5.B Administration • Progress continues to be made in the City's recruitment of an HR Director. We are receiving applications and will perform a first review of candidates in the near future. The Winter/Spring Kent 101 course will start Thursday, February 9.Thirty-four individuals have registered for the course which, over a series of weekly presentations and Q&A sessions with each City department, informs attendees of the inner workings of the City. • Staff continues to actively respond to and provide assessments of the impacts of proposed legislation. The bulk of the work so far is in the areas of housing availability, public safety, and utilities. Close to 1,800 bills are currently active as of February 1. Clerk's Office • During the month of January, the City Clerk's office processed 104 contracts and conducted four bid/RFP openings. • The Clerk's Office continues to receive a record number of requests for public records. During the month of January alone, the Clerk's Office closed out more than 830 requests for public records and processed 128 body worn camera videos totaling 2,668 minutes of footage. Communications • The communications team is preparing for the Mayor's Kent4Eva Valentine's Day staff event to promote kindness and kick-start national Random Acts of Kindness week. Staff will join Mayor Ralph for coffee, donuts and conversation to encourage spreading kindness, beginning with our co- workers. Preparations for the Mayor's State of the City Address are underway. Mark your calendars and join us at Kent -Meridian High School on March 14 at 7:00 pm. Doors will open at 6:30. Economic Development • The City's collaborative work with King County's Local Food Initiative utilizing Port of Seattle Partnership funding entered a new phase. After nearly two years of outreach and analysis with multiple food sector partner experts of the myriad barriers and complexities related to the provision of affordable facilities; the organizations of Business Impact Northwest, Living Well Kent, and Fare Start are partnering to create a shared use facility. This facility will provide job training, affordable commissary kitchens for entrepreneurs, distribution for local growers and resources for those facing food insecurity in the Kent Valley. While that self-selected group splits off to fundraise and map out their partnership, the City and County look to engage with local organizations on the topics of business development for product focused food entrepreneurs, facilitating job training partnerships, and employer engagement within the food manufacturing industry. • The City is advancing collaboration with the Kent School District's Career and Technical Education office to jointly write a request Page 1 of 14 Packet Pg. 5 5.6 for proposal and select a consultant to create an overarching plan for incorporating STEM and STEAM education, career connected curricula, and career connected learning. • FlexFund Update: 26 funded applications for a total of $2,527,544 in loans made. There were 196 total applications for Kent. Currently there are 15 active applications with lenders. Funded applicants identifying as diverse totals 84.6%; with 34.6% as women, 26.9% as Asian, 15.3% Black/African American, 11.5 Hispanic/ Latinx. Development Engineering • Reviewing SR-509 Stage 1B Civil plans for work in Kent right-of-way. • Attending SR-509 Stage 2 (aux. lane to I-5 SB from KDM to 272nd) status update meetings with WSDOT. • Reviewing 90% plans for first two civil plans for Metro Rapid Ride I -line station locations. • Reviewing franchise utility permits for Extenet's Fiber Optic backbone (some utilization of Lumen conduit). • Misc. plat, short plat and commercial project reviews • Misc. building, land use, water meter, side sewer and franchise utility permit review. • Assisting PW with review of FWLE project revisions and traffic mitigation at 272nd and Star Lake Rd. Budget • The Budget group continues to work on the 2023-2024 Adopted Biennial Budget book, which includes working with departments to collect performance measures, capital project highlights, and other department information to be highlighted. This book builds on the Mayor's 2023-2024 Proposed Budget book, and includes additional sections such as debt management overview, budgets by department, and performance measures. The budget group is also working on 2022 year-end calculations/transfers and the 2023 budget and allocation setup. Customer Service • Meter staff began testing new hand-held devices used to input water meter data, and eventually allow automated meter reading as the City migrates to that technology over time. Testing is anticipated to be complete this Spring and the devices will then be in use. The existing devices are no longer supported and were due for replacement. Accounting and Reporting • The State Auditor's Accountability Audit is in underway. Staff representing the affected areas of focus in this audit have been notified and the work in some of those areas is already complete. • The Accounts Payable team continues to work on establishing an Amazon Prime Business account for the City. Preliminary communication will be sent out to departmental contacts within the next week. • IRS Forms 1099 were mailed on January 26, 2023. • 2022 year-end close is nearly complete. Any new accrual requests will be fully vetted and posted into the 13th period, if material. Payroll • W-2 forms were published into Workday on January 25, 2023 and mailed on January 26, 2023. • An alert was sent to all employees who claimed exemption from IRS tax withholding during 2022. A new W-4 must be completed and submitted via Workday by no later than February 15, 2023 to maintain an exemption status for 2023. Workday • Continue to review/setup new Washington State requirement to report SOC (Standard Occupational Classification) code in the 2022 4th Quarter Tax Report • HCM Tenant Analysis with CVS • Applied COLA for NR and KPOA • Review and preparing for AFSCME and Teamsters contract changes after approval by members and council. co c U c O U 0 N O a a� Page 2 of 14 Packet Pg. 6 • Prepare for the Workday 2023 R1 Release - Go Live 3/11/2023 Workday Issue Tracking 21/22 Year to date 240 (includes citywide and department specific requests/issues): • Total closed 179 • Total open in Progress 15 • Total Open 46 Workday December Statistics • 7991 - total number of business process events initiated during the selected month. • 358 - total number of business process events that were initiated by a manager during the selected month • 99 - total number of business processes completed including new hires, terminations and job changes. • 139 - total number of employee benefits business processes completed in the selected month. This includes retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility. Benefits • Finalizing audit for ACA reporting • RDS reconciliation • Gathering information for the GASB75 report • Preparing the CMS disclosure report • Health Care Board Meeting was held on January 25 • Bringing back in -person new hire orientation effective February 16 Labor • AFSCME and Teamsters contracts ratified; going to Council on February 7 • Review of non -represented employee job descriptions in preparation for the classification & compensation study continues with HR and department management Recruiting • Five new employees starting on February 1: Anthony Blackwell and Isher Hans in PD (Police Officers), Alyssa Elliott (Government Performance Coord.) and Keturah Melton (Benefits Analyst- TLT) in Human Resources; and Elizabeth Abbott in Legal (Asst. City Attorney- Prosecution) • Kapono Seumalo was promoted to a MW3 in Sewer effective 1/16 and Dan Blincoe 5.6 was promoted to Engineer Technician 3 in ECD effective 2/1. Information Technology Projects Commvault replacement - to replace the existing enterprise data backup and recovery solution before the current on - premises solution reaches end of life and support. This project should complete within a $660,000.00 budget by Q3 2024. • Datallow replacement - to replace Kent's existing legacy Datallow system and infrastructure components which facilitate Utility Billing (UB). Project stakeholders will span Finance, Information Technology /eGIS, ECD and Public Works Departments. This project should complete within a $300,000.00 budget by Q4 2023. Information Technology operational support for January 11, 2023 to January 31, 2023 • Number of tickets opened - 165 • Number of tickets closed - 225 • During the month of January, the Law Department received a total of 183 cases from the Police Department to review and assess for the filing of criminal charges. Of those cases, 70 were for in -custody defendants which necessitated rush filing the next business day after arrest. • In January, prosecutors covered 75 court calendars, which included 1,683 cases scheduled for hearing, spread across 1,101 defendants. Of those cases, 458 were for defendants who were held in -custody. Of the remaining 643 defendants required to appear in court, 181 of them failed to appear (a 28% FTA rate). *These FTA numbers do not reflect potential absences for 1/31 as the CAO report was due prior to the conclusion of the court day, so the FTA rate could actually be higher for January. • Not reflected in the 75 court calendars noted above, prosecution also covered one Community Court calendar, which included 40 cases across 26 defendants. There were only 9 defendants who failed to appear for Community Court, which marks the second month in a row that this number was down Page 3 of 14 co c U 0 U E 0 N 0 a a� Packet Pg. 7 5.B significantly from November's 21 failures to appear. Only one defendant was out of compliance to such a degree that a sanction was imposed, the others were demonstrating progress. • In preparation for the January trial term, prosecution prepared 79 cases for jury trial. Preparing these cases for trial required staff to contact witnesses for all of those cases, conduct interviews, and review all evidence associated with each case. As part of this process, prosecutors reviewed body cam footage that totaled more than 135 hours in length, which is the equivalent of over 17 days of work for a single full-time employee. • During the January term, just two cases were confirmed for trial and both defendants pleaded guilty the morning of trial. • Attorneys in both the civil and criminal prosecution divisions reviewed and provided comment on a number of legislative bill proposals under consideration in the current session, including bills related to property forfeitures when the owner participates in illegal conduct, expanding racing penalties to include impoundment and forfeiture, post -Blake solutions, public records and body worn camera videos, public works contracts, land -use regulations, and affordable housing initiatives. • Assisted the Public Works department in reviewing and negotiating contract terms related to the Quiet Zone project. • Assisted Senior Activity Center staff with multiple agreements, including grant for additional transportation funding. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms for a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. • Worked with staff to acquire the property rights necessary to complete various projects throughout the City. Recreation and Cultural Services • The Youth Basketball Program is now in full swing! With leagues for girls and boys Kindergarten through 2nd grade, 3rd through 6t" grade, and Middle and High School, there are over 850 kids playing on 85 teams. That's hundreds of hours of scheduled practices and games while kids learn the basic skills of dribbling, passing and shooting the basketball. That's also 85 volunteer coaches, 30+ sports officials, and gym supervisors that need to be trained, scheduled and mentored. • Some have said there is nothing for their teens to do in Kent!! They need to visit the Kent Parks and Recreation Teen Center. On average 60-80 teens every Monday - Saturday evening are enjoying indoor soccer, breakdancing, video games, basketball, and music studio. For teens just wanting to "chill" with their friend(s), this is a safe, supervised, and teen friendly hub right in their own backyard. • Two Adaptive Recreation basketball teams competed at the Special Olympics sub - regional basketball tournament on Saturday, January 28 in Enumclaw. This tournament was a qualifier for the Special Olympics regional tournament on February 12. The top teams in each bracket will be moving on. This program helps persons with special needs achieve success around sportsmanship, self-esteem, teamwork, and commitment to physical fitness. • Jazz at Lincoln Center's "Songs We Love" received rave reviews on Friday, January 20. An audience of 243 attended the Spotlight Series show at the Kent -Meridian PAC. • Artwork by Greta Barrier Burco and Bonnie Smerdon is on display from January 5 through February 23 in the Centennial Center Gallery. The gallery is free and open to the public during regular city business hours - 8 am to 5 pm, Monday through Friday. co c U 0 U E 0 N 0 a a� Page 4 of 14 Packet Pg. 8 Facilities • Solar grant process for Senior Center is underway. Timeline is 2023. The consultant, Sazan, is conducting a full microgrid study in addition to solar starting 2/3/23. • The gym partition wall at Commons has been removed and the new drop -down curtain is scheduled to be installed 2/20/23. • New wall padding for the Commons gym is complete. • Courthouse and Corrections generator project is going to be in a holding pattern for a while as the new generator is expected to now arrive in May 2023, which is a month past the original date. We will continue to track this. • Police HQ Renovation is complete. • Senior Center Roof project is nearing completion along with the atrium at the entrance. Additional work is needed this spring/summer when we have dry, warm weather. • IT Annex remodel was turned over to IT last Friday, 2/3/23. • Contracting with Elevator Consulting Services (ECS) for elevator modernizations at Centennial Center. • A new commercial walk-in refrigerator for Corrections is scheduled for install starting 3/27/23. • Driving Range smashed doors have arrived and were scheduled to be installed 2/6/23. We also installed bollards to help prevent this in the future. • New fence and gates for the Commons back parking lot is complete. • Contracted with Burgess Design for Kent Commons renovations and design is underway. • Contracted with DLR Group for court room renovations and design is underway. • Siemens HVAC control upgrades contract went to committee on 2/2/23. Staff Changes - Hiring/Retirement/ Recruitment/ Leaves/Promotions • Entry Level Officer Isher Hans started February 1. 5.6 • Entry Level Officer Anthony Blackwell started February 1. Significant crime activities/arrests /investigations • On January 9, at 8:34 am, officers were dispatched to an illegal discharge that occurred at the Valli Kee Apartments. One of the apartments had been hit by multiple rounds. Video surveillance showed a vehicle arriving in the parking lot and positioned itself in front of the victim's apartment. The driver of the vehicle fired rounds at the apartment and fled in the vehicle. The resident of the apartment exited and returned fire. The resident was c seen getting into a vehicle and driving towards where the suspect vehicle had gone. 0 U • On January 10, at 10:09 am, officers lead E an effort to recover an occupied stolen ,° Dodge Ram that was being live tracked by Sirius Radio. Phone contact was made with a Sirius Radio and they were able to direct officers as the vehicle moved. Ultimately the vehicle was located and recovered a unoccupied at the Rite Aid located at 20518 108t" Ave SE. The driver was not located ) but the passenger was detained and booked on warrants. Interestingly, during o the recovery of the vehicle, officers located a, a suspected new auto theft device, a "push -to -start ignition bypass device" N which may mimic a vehicle key fob allowing it to be started, and then stolen, without a E key fob or damage to the vehicle. This has a been in the California area for some time a but appears to be migrating north. U • On January 10, at 8:38 pm, an officer was c flagged down at the Kent Police Station W regarding an attempted Kidnaping. A 17- •2 year -old male was leaving the Sounder Station when he was grabbed from behind E and the suspect held a knife to his U throat. The victim brandished his own knife, tried to stab the suspect who let go, and the victim ran from the scene. • On January 11, at 7:04 pm, officers were dispatched to Valley Medical Center regarding a subject with a gunshot wound. The victim had been shot once in the knee. The victim and family did not provide Page 5 of 14 Packet Pg. 9 5.B any information to officers except that the shooting occurred in Kent. • On January 11, at 10:24 pm, officers were dispatched to St. Anne's Hospital regarding a shooting victim. The victim had been with friends in a park in the area of SE 192"d St and 108t" Ave SE when shots rang out and he was struck in the arm. • On January 12, at 11:45 am, officers located an occupied stolen vehicle at the Grandview Apartments. Officers followed due to the vehicle being stuck in traffic. One officer went to get in front of the vehicle when it took off, hit the patrol vehicle, and sped off. Officers did not pursue the vehicle. • On January 13, at 9:34 am, officers were dispatched to a shooting at Golden Pizza where there were two males on location shooting at a vehicle. Upon arrival both vehicles were no longer there. A short time later the victim reached out and officers found his vehicle had at least one bullet strike from the incident. The victim had confronted a group of subjects as he felt one of them was responsible for stealing his vehicle prior. One of the subjects hit his vehicle with a crowbar and eventually someone shot at him. • On January 13, at 6:49 pm, officers were dispatched to a shooting that occurred at the Riverwood Apartments. The victim had been struck in the calf. The incident was most likely prompted as retaliation to a fight that occurred a few hours prior between the victim and other tenants. Three unknown suspects came to the victim's apartment in attempt to confront him and ended up firing through the front door. The victim was transported to Valley Medical for further medical treatment. • On January 14, at 4:02 pm, officers were dispatched to Morrill Meadows Park regarding a suspicious circumstance. Two subjects had found a body of a deceased male in the woods. Detectives responded and were able to tentatively identify the male as a reported missing person out of Kent. He is the suspect in a Kent homicide that occurred in the first half of 2022. • On January 16, at 10:30 am, officers were dispatched to a threat with a weapon near the Safeway located at 20830 108t" Ave SE. A male driving a vehicle pointed a firearm at another occupied vehicle. The victims had been driving and avoided some trash in the middle of the road. This caused vehicles behind them to slow down. When they reached the intersection near Safeway, they saw the driver of one vehicle pull up beside them and pointed a gun at them. Officers located the suspect who claimed the victims had been following him. Video surveillance showed that was not the case. The suspect provided consent to search his vehicle and a firearm was located. The suspect was booked for Unlawful Possession of a Firearm and Felony Harassment. • On January 16, at 6:31 pm, officers were dispatched to a threat with a weapon which occurred at the Kent Library. The victim had been walking from Safeway on Washington Ave. N. and was near Kaibara Park. He noticed a couple of subjects driving a vehicle where the passenger was wearing a mask and holding an AR-15 style rifle. The suspects apparently tried to rob the victim who was not forth coming with his information. • On January 16, at 7:04 pm, a KPD officer was at 25900 Pac Hwy with a blocking disabled car in the middle of the road. While waiting for a tow with emergency lights on, the patrol car was rear -ended by a large truck while the officer was sitting inside. The officer was transported to Valley Medical Center with neck/back pain. • On January 16, at 8:30 pm, officers were dispatched to a robbery that occurred in the 800 block of 1st Ave N. The victim was walking when a vehicle pulled up and multiple people got out. One suspect approached her and put a handgun to her back. Another suspect was carrying a rifle. One suspect ripped her bag from her grasp while the other threw her to the ground causing her to cut her finger. The suspects made off with the victim's bank cards and $100 in cash. • On January 17, at 2:04 pm, officers located a stolen vehicle in the parking lot of Snow - White Laundry. The driver was pinned in but when he woke, he started ramming Page 6 of 14 Packet Pg. 10 police vehicles and when that didn't work, he then fled on foot. Officers were in a short foot pursuit and the suspect was taken into custody. On January 18, at 12:58 pm, the entire day and early swing crews were involved in a priority call involving a report of an imminent fight at the transit center between dozens of juveniles let out early from school. A 15- and 14-year-old driving a stolen Hyundai attempted to run down dozens of children at the Metro Transit Center in speeds likely in excess of 100 MPH. These juvenile suspects made two laps through the transit center, with officers on scene and attempting to stop them, before bailing out of the vehicle and initiating a foot pursuit. Both suspects were taken into custody (but were refused booking by King County Juvenile Detention) and charged with multiple felony charges. The suspects were brought to the Kent Jail for an administrative booking and released to their parents. On January 19, at 8:40 pm, officers were dispatched to a shooting between two vehicles near the YMCA located at 10824 SE 2481h St. One casing was located and taken as evidence. Involved subjects fled on foot prior to officer's arrival. The following day officers responded to a suspicious subject call where two people were trying to retrieve a bag out of a homeowners' yard. This residence was in line with where the subjects fled the shooting scene the day prior. Officers located a firearm on the roof of a shed which was collected as evidence. On January 20, at 12:00 pm, officers responded to Target located at 26301 104 Ave SE for an occupied stolen vehicle. The victim's Apple AirPods were in the vehicle and she was able to track it to Target. Target Loss Prevention was able to catch the driver and passenger of the stolen vehicle walk into the store on video surveillance. The occupants were two juvenile males. Officers recognized the driver of the stolen vehicle as the same juvenile driver of the stolen vehicle from the METRO incident earlier in the week. Both juveniles were located inside Target 5.6 and arrested. The passenger later admitted to stealing and crashing another vehicle in Kent the night before. • On January 21, at 8:01 pm, officers were dispatched to a welfare check at a residence in the 26400 block of 136th Ave SE. The reporting party was in California, but she could see people in her driveway via her Ring camera. The people were armed with handguns and threatening, pistol whipping, and robbing her boyfriend who was also in the driveway. During the subsequent K9 track and assistance from a Washington State Patrol, it appeared the suspects were able to get to a running vehicle and fled the scene. • On January 21, at 12:51 am, an officer was ; dispatched to a robbery that occurred at 0 the Firestarter Bar & Grill. The victims E arrived in the parking lot and, when they ,° began to get out of their vehicle, two suspects began to rob them at gunpoint. a One of the suspects knocked the female victim to the ground and stole her keys, wallet, and phone. The suspects were seen Q. getting into a vehicle and fleeing the scene. • On January 21, at 10:53 pm, officers were N L dispatched to a domestic with a shotgun, where suspects were inside the house o threatening to fight the family. The suspects were a male and female known to the victim. There was lots of arguing N heard, kids in the background, and then c they hung up on the call receiver and E stopped answering calls. Officers arrived, w finding a trailer on some acreage on the 2 north end of a long driveway. After a short U standoff with no response, officers c discovered an elderly female was alone W inside the trailer and the victims had escaped from the suspects by fleeing out the back and waiting nearby. The victims c are two females that live at that location U with kids. The suspects are known family members/significant others and they randomly showed up tonight, pointing a shotgun and demanding money. • On January 22, at 3:16 am, officers were dispatched to the Alvista Lake Meridian Apartments regarding a shooting. The victim interrupted someone trying to steal his vehicle. The suspect ran from the scene Page 7 of 14 Packet Pg. 11 5.B and got into the passenger seat of a running vehicle. The driver of that vehicle saw the victim and fired several shots at him. The suspects then fled. On January 22, at 3:29 pm, an officer responded to the Driftwood Apartments regarding a robbery. When the victim arrived home and parked her vehicle, she was approached by a male suspect who robbed her at knife point. The suspect was only able to take the victim's key fob. On January 23, at 1:17 pm, officers were dispatched to Valli Kee Apartments for a domestic dispute involving a gun. The subject went into his mother's apartment and demanded money from her, telling her that he needed money because he was wanted for a murder in Auburn. When mother refused to give him money, he began waiving a silver revolver around and talking to himself saying, "Don't kill them!" The subject then shot a round off inside the apartment before fleeing. Arriving officers observed Andre fleeing in a black vehicle. Employees from Kent Chiropractic reported seeing a male fleeing on foot through their parking lot armed with a gun. A perimeter was established, and a drone was deployed. After an extensive search, the subject was not located. On January 23, at 11:30 pm, officers were dispatched to a robbery that occurred at the McDonalds located at 1236 W Meeker St. The suspect had ordered food through the drive thru and when he pulled up to the pay station window, he got out, pointed a gun at the employee's chest and demanded money. The employee said the till had less than 100 dollars in it, and the suspect ended up taking the entire till. He then fled in his vehicle. On January 24, at 10:31 pm, officers were dispatched to a robbery that occurred at the Shell Gas Station located at 23953 104t" Ave SE. The suspect entered the store with a handgun and began assaulting the owner of the business with it while demanding money. During the incident, the suspect fired the gun into the ground while yelling at him to hurry up. The suspect took about $300 in cash during the robbery. • On January 24, at 11:41 pm, officers were dispatched to a robbery at the 7-Eleven located at 13131 SE 240t" St. Three suspects entered the store while the victim/employee was behind the counter. One of the suspects approached the victim, pointed a gun at him, and demanded his cell phone and money out of the cash register. One of the other suspects robbed a customer within the store in the same fashion. All three suspects were seen leaving in a vehicle. • On January 25, at 12:27 am, officers were dispatched to a robbery at the Bank of America located at 25638 104t" Ave SE. The victim was at the ATM withdrawing money. When she was walking back to her car, a vehicle pulled up and blocked her in. Three suspects got out and robbed her of the cash she just withdrew and demanded she pull more money out of the ATM. She was forced to go back to the ATM and show the suspects she did not have any more money in her account. The suspects then ran back to their vehicle and fled the scene. • On January 25, at 7:31 pm, officers responded to a two -vehicle collision at 192nd St and 116t" Ave SE. One vehicle had rolled over and the occupants were trapped but were able to get out. The driver of the suspect vehicle fled on foot. The suspect was making suicidal statements as he walked away. Officers located the suspect and the suspect told officers to shoot him several times and refused to comply with commands. Less lethal force was used to take the suspect in to custody. Puget Sound Regional Fire Authority Medic personnel stated the victims of the hit and run sustained internal injuries and most likely broken bones. They were transported to the hospital for further evaluation. • On January 27, at 12:48 am, officers were dispatched to a robbery at the 76 Gas Station located at 1513 W Meeker St. The victim/employee was walking down one of the aisles when two suspects entered the store with handguns. One suspect escorted him back behind the counter at gunpoint and stole the victims cell phone and around $2,000 in cash from the cash register. The Page 8 of 14 Packet Pg. 12 5.6 other suspect robbed a customer of their cell phone. The suspects fled the store and were seen getting into a vehicle. On January 27, at 1:27 pm, officers responded to Home Depot for a report of a stolen vehicle. An officer learned the vehicle belonged to an employee and there was video footage of the theft. When the vehicle was stolen, left behind, running, was a second stolen vehicle which an officer recovered. Later in his shift, an officer learned of a second vehicle theft on the east hill in which the Home Depot employee's vehicle was left on scene. An officer recovered this vehicle as well. Even later in the same shift, an officer responded to a report of a juvenile problem at Meridian Green Apartments for juveniles doing donuts in the parking lot. Upon arrival, an officer and his beat partners located a stolen Kia leaving the complex. Upon contact they were able to take the driver into custody and learned he was a 14-year-old juvenile who lived at Meridian Green. Although the juvenile suspect was not questioned due to the child's lawyer invoking his right to remain silent on his behalf, Ofc Hegamin had completed such thorough investigations in his previous vehicle recovery cases earlier in the day that he was able to determine the same juvenile was responsible for all of the vehicle thefts. The juvenile suspect was subsequently booked into the King County Juvenile Detention Center for one count of Taking Motor Vehicle, two counts of PSV, one count of Trespassing in the second degree. On January 27, at 10:48 pm, officers were dispatched to a shooting victim who was at St. Francis Hospital in Federal Way. The shooting occurred near the Buena Casa Apartments located at 25701 27th PI S. The victim had injuries to the face and neck. The victim had been sitting on a bench with a friend within the complex when a vehicle with two occupants drove up. They rolled down their windows and one of them said hello. Right after the victim responded, the two occupants began shooting at the victim and his friend. • On January 28, at 1:49 pm, officers were dispatched to a shooting at a residence in the 12900 block of SE 275th St. Someone had shot through the victim's rear door. The officer canvassed the area of where the suspect would have fired from and recovered spent casings. The victim did not know exactly when this occurred and there are no witnesses at this time. • On January 28, at 4:40 pm officers conducted a routine patrol in the 12200 block of SE 1991h St. Since August 1, 2022 there have been 15 police cases generated resulting in the recovery of 13 stolen vehicles, 4 firearms and narcotics. Officers located an occupied and running stolen vehicle parked in the east driveway of this residence. A female exited from the driver's position of the vehicle and a male exited a white BMW parked next to the stolen vehicle. Officers determined that not only was the vehicle stolen, the plates mounted on it were stolen as well. The female was arrested. Officers located a large shard of crystalline substance consistent with the appearance of methamphetamine and a rubber container. Within the container was a dark, tarry substance that appeared consistent with heroin. Officers also noted that the BMW contained in plain view a large crystalline substance that appeared to be methamphetamine on the driver's seat, a large Ziploc baggie full of blue, disc shaped pills consistent with fentanyl on the dash, and a large amount of loose cash. Officers impounded both vehicles and applied for a search warrant for the BMW. • On January 28, at 10:39 pm, detectives located a Kia Soul in the Target parking lot with no license plates. The vehicle was running with both the brake lights and reverse lights illuminated and the passenger side rear window was broken out. A male was slumped over across the console and appeared to be passed out. Several Officers arrived on scene to help, but before they could make contact the driver woke up and accelerated away swerving and unable to maintain a line of travel and directly towards officers, before turning and exiting the parking lot. Officers Page 9 of 14 Packet Pg. 13 5.B activated emergency lights and sirens, attempting to get the driver to stop the vehicle. Based on the reasonable suspicion of DUI, and public safety officers were authorized to pursue. Ultimately the pursuit headed north on 167 and north on 405 where it was terminated. • On January 30, at 8:50 am, officers responded to the 24200 block of 101st PI SE for a stolen vehicle recovery. The victim was tracking their stolen vehicle by Apple Airtag to this location. Officers located the stolen vehicle backed in the driveway of the residence still running. Several subjects were seen around the vehicle and fled on foot when they noticed the police vehicles. One subject fled into the residence, locking the door, and refused to speak with officers. A second occupied stolen vehicle was found parked across the street from the residence as well and the driver was arrested on two felony warrants. It was discovered that other reported stolen vehicles had been recovered from this address on January 18. • On January 31, at 3:08 am Officers responded to an in progress Armed Robbery at Arco AM/PM 13130 SE Kent Kangley Rd. Two masked suspects entered the store and immediately pointed handguns at the clerks demanding their wallets, cell phones and the cash register. The suspects took both clerks cell phones and one of the suspects stated something to the effect of "Give me the cash or we'll shoot you". The clerks handed the suspects the cash drawer from the register which contained $800-$1000. Both suspects fled in a black Chrysler 300. Officers were eventually able to find the stolen phone they were tracking, near Reber Ranch. Major emphasis patrol • On January 23, officers conducted a joint operation with the Liquor Control Board. Only one business sold alcohol to a minor without asking for ID. The suspect employee was cited for furnishing alcohol to a minor. Events and awards • Sergeant Schanbacher was being commended for many hours of planning, research, and hands-on work over multiple months which resulted in a large professional gym space comparable to many commercial gyms. This training room will be used for many years to come; helping officers maintain physical wellness, to conduct more frequent and ongoing training, allowing us to fulfill our department's mission of protecting and caring for our community by providing quality police service. Survey • Land Survey field staff provided staking for the 76t" Ave project. Field staff are mapping for projects on Meeker St., Willis Street and the Mill Creek culvert cleaning. Office staff are preparing legal descriptions for multiple projects including the King County Water Franchise renewal, West Hill Reservoir and the right of way boundaries for the 2241" corridor. The Assistant City Surveyor is preparing the Survey base map & boundary map for the Kent East Hill Operations Center (KEHOC) improvements. • Public Works GIS staff continue updating the storm & sewer as-builts and fulfilling public records requests for multiple private developers. PW GIS Analyst has been scripting (writing code) for automating data verification and updates to the GIS utility layers managed by Public Works. PW GIS Supervisor is screening the final candidate applications for the PW GIS Analyst II position interviews. Environmental • Mayor's Homeless Task Force/on-call garbage contract: o The Mayor's Homeless Task Force met on Wednesday, January 25. Staff provided priority cleanup areas and was tasked to reach out to Metro to clean up the bus stops along 256t" and 1015t (in front of Kent Meridian High School). The bus stops have been littered with garbage for multiple weeks. o Copy of Junk Hauler Request for Proposals (RFP) is being reviewed. Tentative advertising dates are 2/14 and 2/21 with the due date being 2/28. Budget is set with money to be used co c U 0 U E 0 N 0 a as Page 10 of 14 Packet Pg. 14 5.B from the utility drainage account, capital project accounts, and LSWFA grant. o The UPLIFT team continues to clean designated areas of Kent removing litter and dumping from right-of-way areas. The team has removed roughly 275 bags of trash since the program began last November. o Tony will team with PWO to give a Solid Waste Update at the February 21 Council Workshop. This will include updates on Adopt A Street, King County/Uplift NW program, and Junk Hauler contract from 2022 and the RFP in 2023. 0 25t" Ave Shortening: although staff has been approved to place jersey barriers, PW Operations staff will continue to monitor the street without installing the barriers and signs. Since the McSorley cleanup last fall, the area hasn't had as much illegal dumping nor parking. o Staff continues to work with PD and PWO in identifying encampments and updating the SeeClickFix system. • Cross Connection Control: permit and plan reviews. Backflow Assembly Test (BAT) entries, notifications. Backflow billing updates. Water use surveys. CCC staff continue to participate in meetings for the implementation of a new PRISM database successor. Staff continue to work on various privately owned backflow assembly projects. • National Pollutant Discharge Elimination System (NPDES) Permit Annual Report: staff are currently working on the NPDES Annual Report to be turned in to the Department of Ecology no later than March 31, 2023. If Laura Haren has reached out to you requesting information needed for the report, please make sure to get it to her by March 15 at the latest so that she can include it in the report to meet permit compliance. Design • 2023 RRQZ - BNSF Trespass Fencing: project advertised Jan 17. Bids opened Jan 31. Apparent low bidder is Global Contractors, LLC with a bid of 1,448,693. Engineer's Estimate of $1,810,015. • Rapid Rectangular Flashing Beacons: project advertised Jan 17. Bids opened Jan 31. Apparent low bidder is Global Contractors, LLC with a bid of $939,933. Engineer's estimate of $1,220,005. • Washington Ave Pumpstation: team met with consultant to review updated pump sizing. Meeting with operations to review findings and discuss expected maintenance/operations needs for wet wells. Team evaluating delivery schedule. • HSIP - compact roundabout at 108th/264th S: team conducting research on unclaimed aerial communication line in conflict. Preparing documents for review. Final review expected to be distributed Feb 13. • Reith Road - vicinity S 253rd St to SR 516: evaluating geometrics approaching Lake Fenwick Rd roundabout. • 2023 Overlays: 90% plans distributed for review. Comments were due Feb 2. • 2023 Mill Creek Culvert Cleaning: specs to be routed within design for review. Comments were due Feb 1. • HSIP - Road Diet Locations: 90% review expected to be distributed early Feb. Team preparing provisions. • S. 224th St - Phase 3 WEST/Stage 1: Soos Creek Water and Sewer expected to relocate facilities early/spring 2023. Open house scheduled for Feb 10 at Panther Lake Elementary. • Mill Creek/76th Ave S Culvert Replacement: reviewer assigned to the project at NWMFS for final review needed for CORPS permit. Coordination continues with King County Wastewater Treatment Division regarding existing facility located in roadway/fill section. Coordination with utilities continues. Construction • West Hill Reservoir: door sheet welded in, xray's passed. Security gate is on, graffiti has been removed. Spark testing paint on interior of tank this week. Page 11 of 14 Packet Pg. 15 • 761" Avenue South - North Segment: SCI crews continue working on cut-overs to new water main. Switching southbound traffic to east side of road scheduled for Monday next week. Streets • Street Maintenance repaired an alley with crushed rock on E James St, swept shoulders with the power broom in the East Hill and Panther Lake areas, prepared for pouring, poured concrete and backfilled new sidewalks on S 208t" St, performed potholing for Engineering on 1081" Ave SE and on Lincoln Ave, worked on the installation of a salt dome at the Kent East Hill Operations Center (KEHOC), responded to icy road conditions Citywide and cleaned and unloaded the plowing and sanding equipment. • Signs and Markings updated the information into the Geographic Information System (GIS), installed bases and signs on SE 216t" St and on SE 234t" St, set bases and replaced signs for retro- reflectivity on Riverview Blvd, 42"d Ave S and on S 216t" St, repaired signs at S 288th St and on Kent-Kangley Rd, performed sign maintenance at various locations Citywide and for Burlington Northern Santa Fe (BNSF) railroad crossings for various valley locations, installed signs on Military Rd, 951" Ave S and at 1561" Ave SE, performed vehicle safety checks. • Solid Waste cleaned up debris in several locations including along 116t" Ave SE, Military Rd and on 80t" PI S 5.6 • Water Vegetation cleared debris along the fence line and removed a downed tree at Clark Springs, cleared debris from KEHOC, 3.5 tank, 208t" Ave water easements, Pumpstation #5, Kent Springs, 212t" Treatment Plant and at the 208t" well. • Street Vegetation staff cleaned up litter and debris along SE 208t" St, S 228t" St and on Reith Rd, cleared litter and debris and replaced the dead plants on all planted traffic islands Citywide and assisted with the tree removal at Clark Springs. • The Sidearm crews assisted with the traffic island construction on SE 2241" St, pruned co overhanging branches along SE 208t" St and assisted the Street Maintenance crews with the construction of the salt dome at ; KEHOC. L) • Wetland Mitigation crews planted at the E Downey site. ° Water/Sewer • Water staff have been working on water a main cleaning in the Bridges Development in the southern portion of the water system on the Kent East Hill. We have been 0 a working with contractors for both capital and development projects to perform ) chlorine injection and purity samples for L new water main tie-ins. Continued fire o hydrant exercises and repairs, along with collection of fire hydrant information and input into our GIS system. N • Sewer staff have continued line cleaning c and video inspection on W James St E between 4t" Ave and N Lincoln Ave, line w cleaning in the area of 119t" Dr SE and SE °' 260t" PI and video inspection in the area of U SE 259t" PI and SE 260t" St. Line flushing c and sewer manhole drop inspections have also taken place. Source, Supply and Pumpstations • Source and Supply staff worked with the c contractor on the electrical improvements, u mounted a new generator battery charger, installed a new hot water tank and cleaned the 6MG#1 tank at Pumpstation #5, removed a tree along the water shed fence line, drained and cleaned the Kent Springs surge tank, performed fence repairs at the 208t" well, repaired new hoist and prepared to go on gravity flow at Kent Springs, sealed the roof of the surge room at Clark Page 12 of 14 Packet Pg. 16 Springs, cleaned the gutters at the Guiberson Reservoir, pumped out the Pressure Reducing Valve (PRV) stations at various locations Citywide and performed offline station checks and checked station fence lines at various locations Citywide. • SCADA staff performed SCADA server monthly Windows updates, conducted system interface programming for Upper Mill Creek, reviewed starter and ordered for GRNRA North (lagoons), replaced microswitch at the Renton Intertie, signal isolator installations at Lindental and worked on automatic chlorine shut off valves at Clark Springs, followed up on the new SCADA servers and contractor remote access to them, worked on the annual Department of Ecology (DOE) meter, lost water and Habitat Conservation Plan (HCP) reporting and finalized the monthly reports. • Water Quality staff completed the monthly wellhead data collection, worked on the annual Tier II Community Right -To -Know reports, prepared the 212t" plant to run while Clark Springs was offline, delivered chlorine to the Clark Springs, Kent Springs and the East hill treatment plant, worked on the 2022 Water Quality Report, backwashed filters at the 212t" treatment plant and performed offline site and reservoir checks. • Pumpstation crews repaired conduit, replaced the flood switch in the vault, installed a motor, prepared the electrical work for the muffin monster and installed a new pump and reprogramed the Variable Frequency Drive (VFD) at the Frager Pumpstation, performed gate maintenance, installed a submersible pump and returned an 8" pump to GRNRA North (lagoons) to resume pumping, worked on the contracts for the Shock Pulse Meter testing for the pumps and the load bank testing and checked on the valve replacement planning at Lindental. Storm/Sewer/Drainage Vegetation • Storm crews cleaned the storm lines on 116t" Ave SE, SE 2215t PI, SE 222nd PI, SE 2291" PI and on S 196t" St, replaced casting at 405 Washington Ave N, performed pond maintenance at SE 236t" PI, SE 240t" St, 119t" Ave SE, SE 253rd PI and at SE 278t" 5.6 St, cleaned the ditch along 108t" Ave SE, cleaned the culvert at 88t" Ave S, cleaned the culvert, ditch and performed potholing at 112t" Ave SE and at 108t" Ave SE. Performed control structure inspections and repairs at various locations Citywide, crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on 3rd Ave S, E Canyon Dr and on Reiten Rd, pumping on 84t" Ave S, S 196t" St, E Titus St, Reiten Rd, E Smith St and on E James St. • Wetland Maintenance worked on split rail a fence removal, installation and repairs for co Pacific NW equipment at 7820 S 200t" St, Jamie Lane at 24327 115t" PI SE, Birdsong .0 Meadows at 11623 SE 2315t PI, Horseshoe ; Bend at 26000 80t" Ave S and at Showare 0 at 4t" Ave S, addressed litter and dumping E service requests at Tudor Square at 11268 0 SE 268t" St and at Riverview Park at 25802 68t" Ave S and inspected wetlands for a transient activity and removed litter as necessary at Birk on S 260t" St, Maplewood Grove on 108t" Ave SE, Redondo on 27t" a Ave S, Signal Electric on 3rd Ave S, 72nd Ave diversion channel on 72nd Ave S, ) L Horseshoe Bend on 80t" Ave S, the 196t" U Corridor Wetland on S 196t" St, Swan Court o on 112t" Ave SE, ShoWare Center on W > James St and at the GRNRA bike path and south tower. N • Holding Pond crews mowed and line c trimmed at Breir Lane at 10105 SE 227t" E St, pruned bushes and cleaned the w frontage at Mallory Meadows at 13015 SE °' 264t" PI, removed shrubs, trees and line U trimmed at the Trampoline pond at 25211 c 113t" Ave SE, cleared brush and trees at the 277t" Bioswale on 108t" Ave SE and removed trees from the pond ring at Orme at 13406 SE 256t" St. E Fleet/Warehouse U • The Warehouse crew inventoried the small attractive assets for Public Works Operations, continued to assist with CDL training, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE's) and motor pool vehicles Page 13 of 14 Packet Pg. 17 5.B to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued lock and unlock the gates in the employee south parking lot at the beginning and close of the work day. • Fleet staff worked on ordering and receiving new vehicles, worked on new vehicle builds, sent out multiple vehicles to body shops or the dealer for repairs and recalls, performed monthly air brake inspections, prepared items for auction, pick up auction vehicles, repaired mowers and trailers and worked on scheduled and non-scheduled maintenance and repairs. Page 14 of 14 Packet Pg. 18 Date: Time: Place: I. KENT WAS HINGT0N January 17, 2023 5:00 p.m. Chambers CALL TO ORDER Pending Approval City Council Workshop Workshop Regular Meeting Minutes January 17, 2023 Attendee Name Title Status Arrived Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Mayor Present Present Dana Ralph PRESENTATIONS Federal Way Link Extension Update Derek Hawkes Mark Madfai 30 MIN. Design Engineering Supervisor and a Liaison with Sound Transit, Mark Madfai provided an extensive review of the Federal Way Link Alignment progress since August of 2022, including: Permit revisions Kent Des -Moines Station and Garage The Federal Way Link Extension Kent Alignment Utility work completed The concrete roadway Structure B Garage railing interior and exterior finishes are being completed Madfai talked about the complications with Structure C - South of 259th Street - that is located within a wetland area. The solution is to install long spans - a series of 500 foot -long spans. Star Lake Station Concrete road paving and walls on S. 272nd Street are ongoing. Star Lake garage fifth and final floor concrete is being poured. Star Lake Station walls are complete. Backfilling complete between walls and beginning forming and pouring platform. Structure Z bridge across S. 272nd Street is complete and ready for track installation. m c 0 0 0. 0. Q Packet Pg. 19 City Council Workshop Workshop Regular January 17, 2023 Meeting Kent, Washington Minutes Moving Forward for Segment 1: Kent -Des Moines Station: Continuation Steel Erection and Exterior Finishes Escalator Installation Interior Finishes Start of Station Commissioning Communications Devise Installation and testing Kent -Des Moines Garage: Elevator Installation Continuation of Garage Finishes on all Levels 4- Garage Commissioning 0 Completion of the Trash/Transformer Enclosure o Other Construction Activities: a Completion of 30th Ave Restoration a Landscaping Highline College Parking Lot Utilities and Paving a 0 Completion of DF Track on Structure B o Setting of TPSS S03 and Signal House S03 N Start of Segment Wide System Work (OCS, Signaling, Comms, etc.) em Moving Forward for Segment 2 Star Lake Station: Continuation of Star Lake Station Platform Construction Station Exterior Finishes (i.e. dry -in of station) Station Interior Finishes and MEP Installation Elevator Installation Start of SL Station Commissioning Star Lake Garage : Garage Concrete Pour Completion (Top Out of Structure) Garage Exterior Finishes Garage Interior Finishes Elevator Installation Start of Star Lake Garage Commissioning Other Construction Activities: Ballasted and DF Track along the Entire Segment Continuation of Utility, Roadway Restoration and Landscaping Work Completion of MSE and CIP walls Vault and Pond Installation in the SL Station/Garage Vicinity Completion of Ancillary Building Structure Start of Segment Wide Systems Work (OCS, Signaling, Comms, etc.) Setting of TPSS S05 and Signal House S05 Page 2 of 4 Packet Pg. 20 City Council Workshop Workshop Regular January 17, 2023 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... Madfai reviewed the multiple traffic mitigation projects and advised right-of- way acquisitions are underway. 2 3 The revenue services schedule has been delayed from 2024 - no new schedule provided. 2022 Grant Summary and 2023 Grant David Paine 30 MIN. Opportunities T Transportation Planner, David Paine presented the Transportation Grants and 2024-2029 Transportation Improvement Program. 2022 Transportation grants were received from Washington Legislative ° Priorities, Puget Sound Regional Council, Washington State Department of o Transportation and the Transportation Investment Board. a a a The next steps include accepting the grants, updating the 2023-2028 TIP, continue to follow and apply for grants. a Paine indicated the 2024-2029 Transportation Improvement Program is a rolling six -year workplan of projects that is updated annually. Paine reviewed the Performance Measures Dashboard's Key Measures. The City is working on continued progress toward resilience. Pain also reviewed the TMP goal, what the City tracks and how the City is performing. Paine walked the council through the 2023 Grants from the Puget Sound Regional Council, Washington State Department of Transportation Connecting Communities Pilot Program, USDOT, and King County Metro Partnership grants. Looking ahead to 2024 and beyond grants. The City plans on placing an emphasis on safety, equity, connections, active transportation, those within existing right-of-way, infrastructure preservation, resilience and partnerships. The City will look for projects that focus on the Local Road Safety Plan, included in the TMP Mapping and TMP Projects. Quiet Zone Update Rob Brown 15 MIN. Transportation Engineering Manager, Rob Brown provided an overview of Quiet Zone project that is a federal program designed for crossing risk reduction, diagnostic review and crossing modifications. Legislative appropriation included $2.95M through the Department of Commerce. The funds expire on June 30, 2023. The City is currently in the Page 3 of 4 Packet Pg. 21 City Council Workshop Workshop Regular January 17, 2023 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... design and construction phase and are formalizing an agreement with the Department of Commerce to receive the funds. Brown provided an update on BNSF including details on the fencing and crossing agreements at Willis street. Brown reviewed the BNSF Quiet Zone schedule that runs from the first quarter of 2023 to the second quarter of 2025. T Brown provided an update on the UPRR crossing that is currently in the design phase at Willis Street. More work needs to be done at the crossings by UPRR and the City and railroad are working through the design process. 0 Brown reviewed the UPRR Quiet Zone schedule that is anticipated to run from c the first quarter of 2023 through the fourth quarter of 2025. 0. a Meeting ended at 6:10 p.m. Ki, le,y A. Koivioto City Clerk Page 4 of 4 Packet Pg. 22 KENT WAS M IN G 7 0 N Date: January 17, 2023 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Pending Approval Kent City Council City Council Regular Meeting Minutes January 17, 2023 Attendee Name Title Status Dana Ralph Mayor Present Bill Boyce Council President Present Arrived Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Councilmember Present Present Zandria Michaud 3. AGENDA APPROVAL A. I move to approve the agenda as presented RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month Mayor Ralph recognized Police Officer Eric Steffes as the January employee of the month and provided a brief recap of Eric's work as part of the Police Department's Neighborhood Response Team. ii. Appointment to the Arts Commission Mayor Ralph recognized Renee Hazen and recommended Council confirm her appointment to the City's Arts Commission. iii. Appointments to the Lodging Tax Advisory Committee d c 0 0 a 0. Q Packet Pg. 23 Kent City Council City Council Regular Meeting January 17, 2023 Minutes Kent, Washington Mayor Ralph recognized Tim Higgins, David Kwok and Burl Battersby and recommend Council confirm her appointments to the Lodging Tax Advisory Committee. iv. Recognition of Adopt-a-Street/Spot Volunteers Conservation Coordinator, Tony Donati provided a brief overview of the Adopt-a-Street/Spot program. Donati indicated the volunteers pickup garbage as a hobby to ensure the City of Kent community is clean. a Donati indicated 2022 was a record -breaking year: 1,148 volunteers 0 1,140 bags of trash ; 1,696 volunteer hours a a a Visit kentwa.gov/talkingtrash or call 253-856-5589 or email tdonati@kentwa.gov <mailto:tdonati@kentwa.gov> to volunteer. a Mayor Ralph expressed appreciation of the volunteers and of all Tony's work in cleaning up Kent. v. Appointments to the Independent Salary Commission Mayor Ralph recognized Pat Hanis, Julie Miller and Todd Minor and recommended Council confirm her appointments to the Independent Salary Commission. B. Community Events Council President Boyce announced upcoming events at the accesso ShoWare Center. Councilmember Fincher announced upcoming Spotlight Series events. Councilmember Michaud invited the public to attend the East Hill North Community Park Design and Engagement project on Saturday, Jan 215t from 10-2 at Sunrise Elementary. Mayor Ralph invited the public to sign up for the next Kent 101 Community Engagement series that begins on February 9, 2023. C. Public Safety Report Chief Padilla presented the public safety report. Chief Padilla provided information supporting the "of the year" awards to: Officer of the year - Eric Steffes Support Services Employee of the Year - Lee Ann Hobbs Page 2 of 12 Packet Pg. 24 Kent City Council City Council Regular Meeting Minutes Corrections Officer of the year - Roshni Anderson January 17, 2023 Kent, Washington Chief Padilla provided brief backgrounds of the new police officers and Mayor Ralph performed the swearings-in of Officer Jacob Pursley and Officer Nicholas De Var. Chief Padilla reviewed 2022 year- end stats and compared 2021 and 2022 figures. Total verified shootings were reviewed that were broken down by total homicides, injury, prop damage and shots fired. Chief Padilla invited the public to attend the next "Vino with 5-0" on January — 26t" from 6 - 8 p.m. at Reds Wine Bar at the Kent Station. 0 L 5. REPORTS FROM COUNCIL AND STAFF a a A. Mayor Ralph's Report Mayor Ralph has been meeting with state legislators and the City's lobbyist o regarding the current legislative session. The city's Lobbyist continues to work with City staff on current legislation. M Mayor Ralph serves as the Chair on the Transportation Policy Board that recently passed the Regional Transportation Plan that focuses on equity, safety and climate. The board also discussed ways to meet and implement the Transportation Plan in order to reach the climate goals. Mayor Ralph discussed the Puget Sound Regional Council's dashboard that contains information about regional transportation and indicated it can be viewed on their website. Mayor Ralph expressed appreciation for Congressman Adam Smith participating on a CEO roundtable to discuss the work he is doing relating to public safety. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick announced the City's Diversity and Equity Manager has been preparing the City's Equity Strategic Plan and anticipates presenting to the Council on February 215t. The Executive Leadership Team will be assessing what will be needed to implement the plan. Fitzpatrick advised there is no executive session this evening and his written report is in today's agenda packet. C. Councilmembers' Reports Page 3 of 12 Packet Pg. 25 Kent City Council City Council Regular Meeting Minutes January 17, 2023 Kent, Washington Council President Boyce is serving his second year as the President of the Sound Cities Association Public Issues Committee. The recent meeting included a presentation from Candice Bock, Director of Government Relations at Association of Washington Cities, there was a new member orientation and the committee discussed the Homeless Authority's five-year plan. Council President Boyce serves at the Chair of the Operations and Public Safety Committee and provided a recap of the agenda items from today's meeting. Council President Boyce serves as the Chair of the Council Workshop and provided a recap of the agenda items from today's meeting. Councilmember Michaud serves as the Chair of the Parks and Human Services Committee and provided a recap of the agenda items from the recent meeting. Councilmember Kaur serves as Chair of the Puget Sound Clean Air Advisory Council that recently received an update on strategic planning and related community outreach. Kaur advised that the woodstove replacement program ends on June 301", an air quality monitor is being installed near Sea-Tac and the agency is monitoring legislation. Kaur serves on the K4C Outreach committee that reviewed the legislative agenda and are tracking bills that staff are supporting and testifying on. Kaur serves on the Domestic Violence Regional Task Force that recently went through orientation. Councilmember Larimer serves on Advisory Council for Aging and Disability Services that recently reviewed their legislative agenda. Councilmember Troutner serves as the Chair of the Economic and Community Development Committee and provided an overview of the agenda items from their recent meeting. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Executive Board and announced the Chief is retiring. Councilmember Fincher serves on the Kent Arts Commission that is in the process of decommissioning art located at Mill Creek Park. Councilmember Fincher serves as the Chair of the Public Works Committee and provided a recap of all agenda items from the last meeting. Councilmember Fincher serves on the King Conservation District and a� r 3 C 4- 0 CE 0 a a Page 4 of 12 Packet Pg. 26 Kent City Council City Council Regular Meeting Minutes January 17, 2023 Kent, Washington announced the election opens January 241" and ends on February 14t". There are three candidates for the supervisor position. Visit Kingcd.org for additional details. 6. PUBLIC HEARING A. Public Hearing on a Resolution for the Surplus of The Bridges Wetlands Property — Adopt Mayor Ralph provided a brief overview of the public hearing process. Mayor Ralph opened the public hearing. c Deputy Director of the Economic and Community Development Department 4- 0 presented the staff report that included an overview of the Bridges neighborhood. o a a Gilbert indicated that tonight's resolution is to declare the property as a surplus. Gilbert reviewed the public notice and advised it was done twice due to one notice not being posted on the site during the first notice process. Gilbert advised tonight's action is not to sell the property. Gilbert assured councilmembers that the protections on the property will stay with the property beyond surplus - the wetlands will still be protected from development. Gilbert also confirmed any new owner will not be able to utilize the property as wetland mitigation. There was no one signed up to provide public comment. One public comment was received on December 20, 2022 from Pauline Marsden Pminauburn@gmail.com. Council President Boyce moved to submit the written public comment into the record, seconded by Councilmember Thomas. The motion passed unanimously 7-0. Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously 7-0. MOTION: I move to adopt Resolution No. 2053, that declares Sensitive Area Tracts B, I, Y, and TT of the Bridges plat/PUD as surplus. Page 5 of 12 Packet Pg. 27 Kent City Council City Council Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: January 17, 2023 Kent, Washington MOTION PASSES [UNANIMOUS] Bill Boyce, Council President Les Thomas, Councilmember Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 7. PUBLIC COMMENT None. 8. CONSENT CALENDAR c RESULT: APPROVED [UNANIMOUS] 4- MOVER: Bill Boyce, Council President o SECONDER: Les Thomas, Councilmember > AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud a a Q A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Dec 13, 2022 5:00 PM IL 0 2. City Council Meeting - City Council Regular Meeting - Dec 13, 2022 7:00 M PM N CD B. Accept the 2022 Plastic Markings Project as Complete - Authorize M MOTION: I move to authorize the Mayor to accept the 2022 4- Plastic Markings Project as complete and release retainage to Apply -A -Line, LLC upon receipt of standard releases from the State and the release of any liens. C. Accept the East Tacoma Street - Kensington Avenue Drainage Improvements Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the E. Tacoma Street - Kensington Avenue Drainage Improvements Project as complete and release retainage to Olson Brothers Excavating, Inc. upon receipt of standard releases from the State and the release of any liens. D. Appointment to the Kent Arts Commission - Confirm MOTION: I move to confirm the Mayor's appointment of Karen (Renee) Hazen to fill the vacant alternate position on the Arts Commission to serve from January 17, 2023 to September 5, 2026. E. LTAC Grant to Economic and Community Development Department to Support the Visit Kent Tourism Promotion Campaign - Authorize Page 6 of 12 Packet Pg. 28 Kent City Council City Council Regular Meeting Minutes January 17, 2023 Kent, Washington MOTION: I move to approve a Lodging Tax Advisory Committee grant to the City and its Economic and Community Development Department in the amount of $133,500 to maintain the "Visit Kent" tourism promotion program and web/media presence; and authorize the mayor to execute a contract with JayRay, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. F. Agreement with Stewart, MacNichols, Harmell, Inc., P.S. for Indigent Defense Services - Authorize MOTION: I move to authorize the Mayor to sign a two-year a� agreement with Stewart, MacNichols, Harmell, Inc., P.S. for indigent defense services in the amount of $1,246,920 per — year, subject to final terms and conditions acceptable to the Parks Director and City Attorney. o G. Agreement with Valley Defenders, PLLC, for Conflict Indigent a a Defense Services - Authorize MOTION: I move to authorize the Mayor to sign a two-year agreement for conflict indigent defense services with Valley Defenders, PLLC, Inc., in an amount not to exceed $200,000 subject to final terms and conditions acceptable to the Parks Director and City Attorney. H. Agreement with Summit Food Services Management, LLC for Food Services at the Kent Correctional Facility - Authorize MOTION: I move to authorize the Mayor to sign a 5-year contract with Summit Food Services Management, LLC for food services at the Kent Corrections Facility at an estimated 2023 cost of $233,688, subject to final contract terms and conditions acceptable to the Police Chief and City Attorney. I. 2023 Railroad Quiet Zone - BNSF Railway Agreements - Authorize 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. J. Meeker Street Bridge Consultant Agreement with TranTech Engineering, LLC - Authorize Page 7 of 12 Packet Pg. 29 Kent City Council City Council Regular Meeting Minutes P1 January 17, 2023 Kent, Washington MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with TranTech Engineering, LLC, in an amount not to exceed $352,519, for the Green River Bridge Repaint and Deck Resurfacing Project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. K. King County Waste Reduction & Recycling (WRR) Grant Agreement - Authorize MOTION: I move to authorize the Mayor accept the 2023-2024 Waste Reduction and Recycling grant from the King County Solid Waste Division in the amount of $178,189.00, to amend the budget and authorize expenditure of the funds, and sign - the grant agreement with King County subject to final terms and conditions acceptable to the Public Works Director and City o Attorney. a L. Ordinance Clarifying Authority of Independent Salary a Commission - Adopt a MOTION: I move to adopt Ordinance No. 4457, to make a 0 housekeeping amendment to KCC 2.65.050 that clarifies the N Independent Salary Commission will review and set the N salaries of the city council, the council president, and the mayor. M. Appointments to the Lodging Tax Advisory Committee - Appoint 0 MOTION: I move to reappoint David Kwok and Tim Higgins and a appoint Burl Battersby to the Lodging Tax Advisory Committee for three-year terms effective from January 17, 2023 thru January 16, 2026. N. Appointments to the Independent Salary Commission - Confirm c 2 MOTION: I move to confirm the appoint of Patrick Hanis to an initial four-year term, Todd Minor to an initial three-year term, a and Julie Miller to an initial two-year term to the Independent Salary Commission effective January 18, 2023. OTHER BUSINESS A. Interlocal Agreement with the Puget Sound Regional Fire Authority for FD CARES Pilot Project - Authorize Commander O'Reilly and Chief Tyerman presented an overview of the CARES program. History • Vision of the Mayor and City Council • Conducted research into programs Page 8 of 12 Packet Pg. 30 Kent City Council City Council Regular Meeting Minutes January 17, 2023 Kent, Washington • Goal of bringing on a social worker with a background in behavioral health/substance abuse • Stop the cycle and connect persons with resources to help them out of their situation, i.e., homelessness, substance abuse, behavioral health issues, etc. Logistics • Challenges involved with finding the right personnel and even space within our PD KPD and PSRFA Join forces • Connected with CARES and developed a plan • Established group with multiple teams • Familiarity with both organizations • Ability to tailor to the operational needs of the PD • Daily Operations • Morning meeting to discuss referrals/follow-ups in order to establish daily, weekly, & monthly taskings • Co -Respond with PD (SOU/NRT/Patrol) • Intervention Patrols in identified areas, i.e., downtown • Continued follow-up with persons to assist with their path Puget Sound Fire "FD Cares" Program • FD CARES • Fire Department Community Assistance, Referral, and Education Services • FD CARES started in 2013 with the goal of taking care of our community members who were considered 'high utilizers" with multiple contacts via the 911 system • Many patients were being continuously cycled through the emergency system, without ever receiving the help that they needed. Current State • 3 MIH Units • CARES 374 (Puget Sound) • CARES 312 (Renton Fire) • CARES 346 (Puget Sound) Primary Kent Unit • CARES 376 (Puget Sound) When Staffing Allows • All units are staffed with a registered nurse and a social worker • Units are requested to the scene by fire and police units. • Perform proactive follow visits up based on referrals FD Cares Team • FD CARES has a dedicated team of 21 • 8 RNs • 8 BHS (Social Workers) • CARES Captain from PSF and RRFA Page 9 of 12 Packet Pg. 31 Kent City Council City Council Regular Meeting January 17, 2023 Minutes Kent, Washington • Dr. Cameron Buck as the medical director • Intake Coordinator • Substance Use Disorder (SUD) Specialist • Health Commons Project FD Cares Capabilities • A registered nurse can address the medical needs of a patient • Medical assessments • Medication evaluation • Vaccine administration • A behavioral health specialist can address nonmedical needs of a patient. • Housing and food insecurities • Mental health issues • Drug and alcohol issues FD CARES Partners • Our partners • Renton Regional Fire • Skyway Fire Department • King County Medic One • Kent PD • Renton PD • Valley Medical Center • Kaiser Permanente • Health Commons Project • King County Public Health FD Cares Grant Support • Puget Sound Fire grants received in '22 • Medic One Foundation $184,284 • Support behavioral health specialists • Washington HCA Safe Stations Grant $333,333 • Support community members with drug and alcohol issues Level of Services • Staffed 7 days a week from 0800-2000 • Kent PD Officers can: • Request an FD CARES unit from the scene • Warm handoff • Phone handoff • Create a referral from the officer's MDT/phone • FD CARES team will follow up with FD/PD crew on patient outcome and progress. • Julota Proposal Page 10 of 12 Packet Pg. 32 Kent City Council City Council Regular Meeting January 17, 2023 Minutes Kent, Washington • A 1-year pilot program to evaluate if the Puget Sound Fire FD CARES program is meeting the needs of the department and community. • This will allow Puget Sound Fire to gather, and assess data for the community. • This partnership in not reliant on any other contracts Commander O'Reilly and Deputy Chief Tyerman responded to council's questions regarding the program and funding. Boyce indicated this is a good start and he would like to see 24-hour service in the future. Councilmembers Larimer, Troutner, Thomas, Fincher, Kaur, Michaud spoke in support of the program. Boyce suggested the Council receive a status report in six months. MOTION: I move to authorize the Mayor to sign an Interlocal Agreement with the Puget Sound Regional Fire Authority to launch the FD CARES pilot program in Kent, at an initial cost of $175,000 per year, which amount may adjust annually by an amount no greater than CPI, subject to final terms and conditions acceptable to the Police Chief and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 10. BIDS A. 2023 Railroad Quiet Zone BNSF Railroad Trespass Fencing Bid - Award Public Works Director, Chad Bieren presented the 2023 Railroad Quiet Zone BNSF Trespass Fencing Bid and recommended award to A-1 American Fence, Inc. MOTION: I move to award the 2023 Railroad Quiet Zone BNSF Railroad Trespass Fencing Project to A-1 American Fence, Inc. in the amount of $700,125.90 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Page 11 of 12 Packet Pg. 33 Kent City Council City Council Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: January 17, 2023 Kent, Washington MOTION PASSES [UNANIMOUS] Brenda Fincher, Councilmember Marli Larimer, Councilmember Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. 4- 0 Meeting ended at 9:17 p.m.CU ; 0 L Q Kl4�ley A. Kom obv- Q City Clerk Page 12 of 12 Packet Pg. 34 8.B • KENT *A S M IN G T O N DATE: February 7, 2023 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 12/15/22 and paid on 12/15/22; approve the checks issued for payroll 12/1/22-12/15/22 and paid on 12/20/22; approve the payment of bills received through 12/31/22 and paid on 12/31/22 and approve the checks issued for payroll 12/16/22-12/31/22 and paid on 1/5/23, all audited by the Operations and Public Safety Committee on 1/17/23. SUMMARY: Approval of payment of the bills received through: 12/15/22 and paid 12/15/22 Approval of checks issued for Vouchers Date Document Numbers Amount 12/15/22 Wire Transfers 9485 9511 $3,121,465.81 12/15/22 Regular Checks 766131 766575 $4,433,163.17 12/15/22 Payment Plus 104686 104745 $239,200.66 Void Checks $0.00 Void Payment Plus ($12,482.04) 12/15/22 Use Tax Payable $11,039.03 Total Accounts Payable: $7,792,386.63 Approval of checks issued for Payroll: 12/01/22-12/15/22 and paid 12/20/22 Date 12/20/22 Checks 12/23/23 Checks Voids and Reissues 12/20/22 Advices FR&P Total Payroll: Document Numbers 463485 463492 Amount $2,153,121.50 $535.69 $0.00 $5,931.10 $2,159,588.29 Packet Pg. 35 8.B Approval of payment of the bills received through: 12/31/22 and paid 12/31/22 Approval of checks issued for Vouchers Date Document Numbers Amount 12/31/22 Wire Transfers 9512 9524 $2,049,451.25 12/31/22 Regular Checks 766576 766893 $5,462,362.55 12/31/22 Payment Plus 104746 104776 $95,990.11 Void Checks $0.00 Void Payment Plus $0.00 12/31/22 Use Tax Payable $767.23 Total Accounts Payable: $7,608,571.14 Approval of checks issued for Payroll: 12/16/22-12/31/22 and paid 01/05/23 Date 01/05/23 Checks Voids and Reissues 01/05/23 Advices FR&P Total Payroll: Document Numbers BUDGET IMPACT: None. 463493 463500 SUPPORTS STRATEGIC PLAN GOAL: Amount $2,224,203.32 $0.00 $5,931.10 $2,230,134.42 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 01/17/23 Operations and Public Safety Committee MOTION PASSES Packet Pg. 36 8.B RESULT: MOTION PASSES [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 37 8.0 • KENT *A S M IN G T O N DATE: February 7, 2023 TO: Kent City Council SUBJECT: Appointments to the Land Use and Planning Board - Confirm MOTION: I move to confirm the Mayor's appointment of Justus Phelps to the Land Use and Planning Board to fill a vacancy for a term ending December 31, 2024. I also move to confirm the Mayor's appointment of Benjamin Reid to the Land Use and Planning Board for a full three-year term ending on February 7, 2026. SUMMARY: The Kent Land Use and Planning Board (LUPB) was created to operate as part of the Economic and Community Development Department and advise City staff on significant land -use policy decisions. The council has designated the LUPB to hold public hearings on comprehensive plan formulation and amendments, land use policy, annexation zoning, subdivision code, zoning code, and other development -related code amendments. There are two vacancies for the LUPB. The first is to fulfill the remainder of the term vacated by Michael Purewal on November 14, 2022. This term ends on December 31, 2024. Justus Phelps is nominated to fill the remainder of this position and will be eligible to serve two additional terms if reappointed. The second vacancy is for a full three-year term ending February 7, 2026. An extensive recruitment process included promotion on the City's webpage, social media posts, and inclusion in the Mayor's newsletters. Staff also sent notification of commissioner openings directly to existing board commission members, the complete database of recent applicants, Cultural Community board members, the Kent Chamber of Commerce, and the Kent Downtown Partnership. Six candidates applied, and two were interviewed by Mayor Ralph and Long Range Planning Staff. The following candidates were chosen to fill the two vacancies: Justus Phelps was born and raised in Kent and live near Lake Meridian. Aside from a brief time while attending college, he has been a Kent resident his entire life. He has a Master of Arts in Political Psychology and a Bachelor of Arts in Public Affairs. Justus work for a Washington State Senator and is deeply committed to including all voices in decision -making. He has a wealth of information regarding public policy and land use matters. He is looking forward to bringing a younger generation's Packet Pg. 38 8.0 perspective to the LUPB to help build Kent for current and future community members. Benjamin (Ben) Reid moved with his family to the Scenic Hill neighborhood in 2019. He is eager to contribute and provide input as a father of a young child as well as an expert in strategic marketing. Ben has a Master in Business Administration and over a decade's experience working for Seattle area companies such as Amazon, Zulily, Wunderman, and Whole Foods. He is also a graduate of Kent 101. He is excited to serve on the LUPB and has already started reading the Comprehensive Plan! He looks forward to helping Kent plan and design the City for the benefit of its residents. I am pleased to recommend the appointment of Justus Phelps and Benjamin Reid to the Land Use and Planning Board. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 39 8.D • KENT *A S M IN G T O N DATE: February 7, 2023 TO: Kent City Council SUBJECT: Agreement with Express Employment Professionals - Authorize MOTION: I move to authorize the Mayor sign a Consultant Services Agreement with Express Employment Professionals, in an amount not to exceed $125,000, for staffing services to support Sound Transit's Federal Way Link Extension project, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Sound Transit is constructing the Federal Way Link Extension (FWLE) which will extend its light rail system approximately 7.8 miles from the Angle Lake Station near Sea Tac Airport, through Kent, to Federal Way. The project includes three new stations and garages, two of which will be located within the City. The Kent -Des Moines Station and garage are located adjacent to 30th Ave. S. and the Star Lake Station and garage are located adjacent to S. 272nd Street just west of I- 5. Given the complexity and the duration of the FWLE project, maintaining continuity of staffing key positions is critical to understanding project history, processes and developing relationships with key positions within Sound Transit and it's contractors. Express Employment Professionals will provide the City with continuity in staffing for the FWLE Administrative Project Coordinator that city staff are familiar with and will maintain efficient processes for city staff. The existing FWLE project budget is available to fund this position. BUDGET IMPACT: None - Expenses are included within the Federal Way Link Extension Budget for staff time. 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 8.D 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. Express Employmet Contract (DOCX) 01/17/23 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 41 8.D.a KENT Wo 11.'. CONSULTANT SERVICES AGREEMENT between the City of Kent and Express Employment Professionals THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation ("City"), and Express Employment Professionals organized under the laws of the State of Washington, located and doing business at 841 Central Avenue North #C-115, Kent, WA 98032 ("Consultant"). I. DESCRIPTION OF WORK. Consultant shall provide temporary staff recruiting services by assigning temporary labor to the City (the "Assigned Individual") to perform the following services for the City in accordance with the following described plans and/or specifications: Staffing and recruiting services in support of the City's needs for the Federal Way Link Extension on an on -call, as needed basis as determined by the City and agreed upon by Consultant. The specifics of the services provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that attached and incorporated as Exhibit A, which will confirm details of the assignment of Consultant's Assigned Individual. The Job Arrangement Letter acknowledges that the assignment is under the terms of a signed agreement between the parties. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional recruiting practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant's Assigned Individual shall complete the assignment to City described in Section I by December 31, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $125,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Upon City's approval, Consultant may increase its rates provided under the Agreement to reflect increases in its costs associated with higher taxes, including State Unemployment Taxes. The Consultant's billing rate shall be invoiced at a rate of $56.11 per hour and, if applicable, overtime will be billed at 1.0 times that rate. Assigned Individual will submit either an electronic time record or a time sheet for City's verification and approval at the end of each week. B. The Consultant shall submit weekly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute until any such dispute is settled by the parties. In that event, the parties will immediately make every effort to settle the disputed portion. U c 0 U m E 0 Q. E w N N L Q x w c a� E U 2 a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 42 8.D.a IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work as a recruiting firm, the City being interested only in the results obtained under this Agreement, provided that staff responsible for items in Exhibit A must be familiar with the design build process and city processes specifically related to Sounds Transit's Federal Way Link Extension Project. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business and has obtained a Unified Business Identifier (UBI) number from the State of Washington if applicable to Consultant. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VII. INDEMNIFICATION. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property U c 0 U m E 0 Q. E w N N L Q x w :.; c a� E U 2 a CONSULTANT SERVICES AGREEMENT (STAFFING)- 2 (Over $20,000) Packet Pg. 43 8.D.a caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created by the Assigned Individual under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of Consultant's work as a recruiting firm authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide the Assigned Individual providing services to City with day-to-day oversight and direction. XII. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The City agrees that it will not permit or require Consultant's Assigned Individual to perform services outside of the scope of their assignment. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. U c 0 U m E 0 0. E w N N L Q x w c a� E U 2 Q CONSULTANT SERVICES AGREEMENT (STAFFING)- 3 (Over $20,000) Packet Pg. 44 8.D.a B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice 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 as otherwise specified in accordance with this Section XIII.D. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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. U c 0 U m E 0 Q. E w N N L Q x w c a� E U 2 a CONSULTANT SERVICES AGREEMENT (STAFFING)- 4 (Over $20,000) Packet Pg. 45 8.D.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CITY OF KENT: ITA(a)kentwa.gov City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department U L O U m E O Q. E W N N N L Q x w c a� E c� a CONSULTANT SERVICES AGREEMENT (STAFFING)- 5 (Over $20,000) Packet Pg. 46 8.D.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); • 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); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". 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: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 47 8.D.a 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: 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 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 by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 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 compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 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 sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: EEO COMPLIANCE DOCUMENTS - 2 (Over $20,000) Packet Pg. 48 8.D.a a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 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, 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: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 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 projects); 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, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 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 Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the EEO COMPLIANCE DOCUMENTS - 3 (Over $20,000) Packet Pg. 49 8.D.a programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 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; 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. By signing below, I agree to fulfill the five requirements referenced above. By: _ For: Title: Date: EEO COMPLIANCE DOCUMENTS - 4 (Over $20,000) Packet Pg. 50 8.D.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 POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. 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. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers a subject to these regulations are familiar with the regulations and the a City's equal employment opportunity policy. EEO COMPLIANCE DOCUMENTS - 5 (Over $20,000) Packet Pg. 51 8.D.a 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 6 (Over $20,000) Packet Pg. 52 8.D.a EXHIBIT A Date CONTACT NAME COMPANY NAME Job Order Number: Job Order # STREET ADDRESS 1 STREET ADDRESS 2 OR CITY, ST ZIP CITY, ST ZIP OR SPACE IF NOT REQUIRED Dear CITY OF KENT, Alix Lu will be completing the duties contained within Exhibit A as an Administrative Project Coordinator. As agreed, we will invoice the City at the rate of $56.11 per hour. If applicable, overtime will be billed at 1.0 times such rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our professional will submit either a time sheet or an electronic time record for verification and approval at the end of each week. Your approval thereby will indicate your acceptance of the terms herein. We acknowledge that Express Employment Professionals and the City of Kent have a signed agreement. The terms of the signed agreement, along with the terms of this letter, shall govern the services provided by such employee or consultant at the City of Kent. Alix Lu will perform the duties of an Administrative Project Coordinator for the Federal Way Link Extension project as summarized: • Provide administrative and coordination support to City of Kent project team as needed with Staff from all applicable departments • Act as point of contact to client, contractor, and City of Kent project team for administrative and process questions related to permitting and revisions • Provide instructions to Permit Center Staff to complete intake/processing of submittals specific to the design build process • Act as a direct point of contact to the Permit Center staff if there are questions related to design submittals, revisions, and location of work areas specific to the FWLE design build project • Participate in comment resolution meetings with City Liaisons to work through issues resulting from City review of the design submittals CONSULTANT SERVICES AGREEMENT (STAFFING) - 1 (Over $20,000) Packet Pg. 53 8.D.a • Track progress and provide consolidate comments from all City Reviewers • With City Liaisons, tracks progress of all design packages, permit revisions • Review of 5-week schedule on a weekly basis with city staff to help with coordination of all aspects of the project from design to construction • Participate in pre -project closeout and inspection meetings with client, contractor, and City of Kent team • Maintain all applicable project records on the S: Drive and within shared City -Contractor Bluebeam project folder • Provides coordination and scheduling of project meetings for City of Kent project team Necessary Tasks after construction: • Coordinate with staff to maintain all applicable project records on the S: Drive; file transfers from shared City -Contractor Bluebeam project folder to the S:Drive - all initial packages and NDCs/FDCs • Civil construction inspection coordination and sign off within the permitting system • Coordinate with staff to track and retain as-builts - reflective of different permit packages/revisions issued • Coordinate with City Staff to ensure all conditions being met as tracked in the spreadsheet for all permit packages and revisions • Provide administrative assistance with tracking street vacations and dedications Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you. Sincerely, CONSULTANT NAME CONSULTANT SERVICES AGREEMENT (STAFFING) - 2 (Over $20,000) Packet Pg. 54 8.D.a EXHIBIT B INSURANCE REQUIREMENTS FOR Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. CONSULTANT SERVICES AGREEMENT (STAFFING) - 3 (Over $20,000) Packet Pg. 55 8.D.a EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance coverage is being cancelled or substantially modified (e.g. a new carrier). 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CONSULTANT SERVICES AGREEMENT (STAFFING) - 4 (Over $20,000) Packet Pg. 56 8.E • KENT *A S M IN G T O N DATE: February 7, 2023 TO: Kent City Council SUBJECT: Resolution Allocating Funds to Finance Affordable Housing Projects in South King County Communities - Adopt MOTION: I move to adopt Resolution No. 2054, to authorize the allocation of $317,818.98 from the City's contribution to the SKHHP Housing Capital Fund to finance affordable housing projects in South King County communities. SUMMARY: SKHHP was created in 2019 through an interlocal agreement of several city governments and King County to address housing needs in South King County. The SKHHP Advisory Board and Executive Board review funding requests received from housing providers and developers for projects related to affordable housing. The Executive Board then provides recommendations to member Councils for funding early the following year. Per the SKHHP interlocal agreements, Council approval is needed to authorize the allocation of funds to SKHHP for affordable housing. This is the first of what will be an annual process with SKHHP and associated member jurisdictions. After careful deliberation, the SKHHP Executive Board concurred with the recommendation of the SKHHP Advisory Board and recommends funding $1,393,308 for two projects, as described in the SKHHP Executive Board funding recommendation memo dated December 16, 2022 (Exhibit A to the resolution). The SKHHP Executive Board is requesting Kent funding of $317,818.98 for the following recommended projects: 1. $68,431.17 for Habitat for Humanity of Seattle -King and Kittitas Counties - Burien 2. $249,387.81 for Mercy Housing Northwest - Burien Family Housing As outlined in the Executive Board memo, sales tax credit receipts in the amount of $330,312 have already been contributed to SKHHP's Housing Capital Fund, with this Council approval those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in Exhibit A to the resolution. Packet Pg. 57 8.E If not approved, SKHHP will not have Kent funds to contribute to the regional efforts to advance affordable housing projects that meet urgent local needs and priorities. BUDGET IMPACT: $317,818.98 (HB1406 capital fund) SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. SKHHP Housing Capital 2022 Resolution (PDF) 2. SKHHP Housing Capital 2022 Resolution Exhibit A (PDF) 02/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 58 8.E.a RESOLUTION NO. 2054 A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the administering agency for South King Housing and Homelessness Partners (SKHHP) to execute all documents necessary to enter into agreements for the funding of affordable housing projects, as recommended by the SKHHP executive board, utilizing funds contributed by the City to the SKHHP housing capital fund. RECITALS A. On June 19, 2019, the City joined an interlocal agreement to form South King Housing and Homelessness Partners (SKHHP) to help coordinate the efforts of King County and other South King County cities to provide affordable housing. B. On February 4, 2021, the City joined another interlocal agreement for the purposes of pooling sales tax receipts with other members of SKHHP to administer funds through the SKHHP Housing Capital Fund. C. The SKHHP Executive Board has recommended that the City and other SKHHP members participate in the funding of certain affordable housing projects and programs hereinafter described. D. The SKHHP Executive Board has developed a number of recommended conditions to ensure that the City's affordable housing funds 1 SKHHP Housing Capital Resolution Packet Pg. 59 8.E.a are used for their intended purpose and that projects maintain their affordability over time. E. Pursuant to the SKHHP formation interlocal agreement each legislative body participating in funding a project or program through SKHHP's Housing Capital Fund must authorize the application of a specific amount of the City's funds contributed to the SKHHP Housing Capital Fund to a specific project or program. F. The City Council desires to authorize the use of $317,818.98 from funds contributed to the SKHHP Housing Capital Fund as designated below to finance the projects recommended by the SKHHP Executive Board. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Authorization. Pursuant to the SKHHP interlocal agreements, the City Council authorizes the duly -appointed administering agency of SKHHP to execute all documents and take all necessary actions to enter into agreements to fund (1) Habitat for Humanity of Seattle -King and Kittitas Counties, and (2) Mercy Housing Northwest - Burien Family Housing, in a combined total of $317,818.98. SECTION 2. - Terms and Conditions. The agreements entered into pursuant to Section 1 of this resolution shall include terms and conditions to ensure that the City's funds are used for their intended purpose and that the projects maintain affordability over time. In determining what conditions should be included in the agreements, the duly -appointed administering agency of SKHHP shall be guided by the recommendations 2 SKHHP Housing Capital Resolution Packet Pg. 60 8.E.a set forth in the SKHHP Executive Board's memorandum of December 16, 2022, a copy of which is attached and incorporated as Exhibit A. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTIONS. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TAM MY WHITE, CITY ATTORNEY February 7, 2023 Date Approved February 7, 2023 Date Adopted 3 SKHHP Housing Capital Resolution Packet Pg. 61 8.E.b EXHIBIT A SK:I: South King Housing and Homelessness Partners TO: City of Auburn Council Members City of Burien Council Members City of Des Moines Council Members City of Federal Way Council Members FROM: SKHHP Executive Board DATE: December 16, 2022 Memorandum City of Kent Council Members City of Normandy Park Council Members City of Renton Council Members City of Tukwila Council Members RE: 2022 SKHHP Housing Capital Fund Recommendation OVERVIEW The 2022 SKHHP Housing Capital Fund was the first funding round made possible by the pooling of resources from SKHHP member jurisdictions. SKHHP received three applications representing requests for just under $2.4 million in local funds to develop 135 units of affordable housing. After careful deliberation, the SKHHP Executive Board concurred with the recommendations of the SKHHP Advisory Board, and is recommending funding $1,393,308 for two projects. These recommendations advance projects that meet urgent local priorities, including mixed income workforce housing, permanent supportive housing, and affordable homeownership. As rents and home sale prices continue to rise in our region, so does the need for affordable housing. Your investment in the SKHHP Housing Capital, leveraged with millions of dollars from other sources, will provide this much needed housing to hundreds of underserved members of our community. The following is a description of the applications received, the Executive Board recommendation and rationale, and proposed contract conditions for the proposals recommended for funding at this time. Also enclosed is the proposed funding sources and an economic summary of the projects recommended for funding. ATTACHMENTS: 1. Proposed funding sources 2. Project economic summaries Page 1 of 11 Packet Pg. 62 8.E.b 1. HABITAT FOR HUMANITY SEATTLE-KING AND KITTITAS COUNTIES Funding request: Advisory Board recommendation: PROJECT SUMMARY $300,000 (secured grant) $300,000 (secured grant) See attached proposed funding sources for distribution of City funds Habitat for Humanity is requesting grant funds in the amount of $300,000 for a homeownership project located in Burien. The proposed project is phase I of II of a new development that will result in 40 affordable condominiums. Phase I consists of the construction of 20 three bedroom townhomes, 1.5 bath houses for households earning up to 50% of area median income (AMI). The project proposal is to provide permanent affordability through a land trust administered by Habitat and sold with an individual ground lease that allows Habitat the right of first option to purchase the home upon resale with a set 1.5% appreciation calculation in the lease agreement. As part of Habitat's homeownership model, homebuyers are required to put in 250 hours of sweat equity. The project also requires a Condominium Owners Association (COA) comprised of residents. The COA will address property issues and guidelines established in the land lease. Through the COA, reserves are established for the repair and maintenance of the buildings and to address ongoing landscape and maintenance. The reserve fund will be managed by the COA and funded through a monthly fee that is part of the overall housing costs and included in the 33% housing to household income ratio provided to homebuyers. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: • The project was approved for participation in the City of Burien affordable housing demonstration program. • The project strongly aligns with SKHHP Housing Capital Fund priorities including providing homeownership opportunities, collaboration with local community - based organizations, direct experience and connection to populations they are proposing to serve, and advancing racial equity. • The project schedule indicates construction to begin in 2022 and certificate of occupancies issued in 2024. • The site has convenient access to transit, shopping, and services. Page 2 of 11 Packet Pg. 63 8.E.b • The project provides significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP staff, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals, permits, and licenses required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 3 of 11 Packet Pg. 64 8.E.b 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. Special conditions 1. Funds will be in the form of a secured grant with no repayment, so long as affordability and target population are maintained. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. Affordability 3 bedroom Total 60% 20 20 Total 20 20 Page 4 of 11 Packet Pg. 65 8.E.b 2. MERCY HOUSING NORTHWEST — BURIEN FAMILY HOUSING Funding request: $1,093,308 Executive Board recommendation: $1,093,308 (forgivable loan) See attached proposed funding sources for distribution of City funds PROJECT SUMMARY Mercy Housing Northwest is requesting funds in the amount of $1,093,308 for an 89 unit multifamily mixed income affordable rental housing development in Burien. The project proposal is to provide a mix of 1- 2- and 3-bedroom apartments, for households with mixed incomes from 0-30%, 30-50%, and up to 60% of area median income, and set asides for households with a disability and homeless households. The proposed project is a partnership with Mary's Place. Mary's Place and Mercy Housing Northwest entered into a memorandum of understanding indicating Mary's Place's intent to subdivide the property and donate an approximate 2 acre portion to Mercy Housing Northwest for the proposed multifamily development. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: The project aligns with Burien's Comprehensive Plan land use designation and has two routes for zoning approval — an applicant pursued site specific rezone or a City initiated area wide rezone as part of the Ambaum Corridor plan, both are currently underway. The project strongly aligns with SKHHP Housing Capital Fund priorities including collaboration with local community -based organizations, direct experience and connection to populations they are proposing to serve, meeting the needs of those and available to those most disproportionately impacted by housing costs, advancing racial equity. • The project has the opportunity to deliver mixed income housing on a significant scale in a location with access to transit and other amenities. • The project is part of a partnership with Mary's Place which will create significant shelter and services. • The project includes over half (54%) of the houses to be family -sized 2 and 3 bedroom units. • The project serves special needs population through a set aside for households with a disability and formerly homeless households. • The site has convenient access to transit, shopping, and services. Page 5 of 11 Packet Pg. 66 8.E.b • The project is expected to provide significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals and permits required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 6 of 11 Packet Pg. 67 8.E.b 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. SPECIAL CONDITIONS 1. Funds will be in the form of a deferred, contingent, forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP Staff. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. If the project is unsuccessful in securing Housing Choice Vouchers, the project may shift an allocation of units set aside at 30% AMI to either 50% or 60% AMI. Affordability Total 30% 35 30-50% 28 60% 26 Total 89 3. The net developer fee shall be established at the time of finalizing the Contract Budget. Net developer fee is defined as that portion of the developer fee paid out of capital funding sources and does not include the deferred portion which is paid out of cash flow from operations after being placed in service. 4. SKHHP staff shall review and approve the services budget and services plan for consistency with application. 5. Timeframe for funding commitment. The funding commitment continues for thirty- six (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Agency will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Agency will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 6. The project will contain a 20% set aside for households with a disability, and 40% set aside for homeless households, unless otherwise approved by SKHHP staff. Page 7 of 11 Packet Pg. 68 8.E.b 3. ECOTHRIVE — BURIEN Funding request: $700,000 - $1,000,000 Executive Board recommendation: $0 PROJECT SUMMARY OVERVIEW EcoThrive is requesting grant funds in the amount of $700,000 - $1,000,000 for a homeownership project located in Burien. The project proposal is to provide permanent affordability through a limited -equity cooperative formed by homeowners as well as a community land trust that holds the land in trust. The proposed project is the new construction of 26 houses ranging in size from 350 square feet to 650 square feet for households earning between 30 and 50% of area median income (AMI). The property currently consists of a single family residential house that is uninhabitable. The property is currently zoned single family residential that allows for 6 dwelling units per acre. EcoThrive has submitted an application for the City of Burien's affordable housing demonstration program that would allow for a greater density of housing than is currently allowed on the property. Estimated approval for the affordable housing demonstration program is March of 2023. FUNDING RATIONALE The Executive Board supports the concept of the EcoThrive housing proposal but does not recommend funding at this time. The Executive Board would welcome an application in the next funding round. This would provide an opportunity for EcoThrive to address the issues identified below: • Further develop the plan for operational support of the limited equity cooperative and other supportive services. • Further develop and identify the plan for qualifying households for home loans. • Sweat equity at 10 hours per month in perpetuity may be a significant challenge for some households. • Obtain approval for City of Burien Affordable Housing Demonstration Program or pursuit of other land use changes that support the development proposal. • Include development cost estimate that helps establish soundness of development budget. • Further development of building design, parking, and conformance with zoning requirements. • Further develop plan for engaging, connecting, and working with households proposing to serve. Page 8 of 11 Packet Pg. 69 8.E.b ATTACHMENT 1: Proposed Funding Sources Jurisdiction Total contributed to SKHHP Housing Capital Fund Habitat for Humanity - Burien Mercy Housing Northwest - Burien Family Housing Unallocated Auburn $305,338 $63,257.27 $230,532.27 $11,548.46 Burien $146,350 $30,319.52 $110,495.25 $5,535.23 Des Moines $51,777 $10,726.71 $39,091.99 $1,958.30 Federal Way $243,141 $50,371.84 $183,573.11 $9,196.05 Kent $330,312 $68,431.17 $249,387.81 $12,493.02 Normandy $2,863 $593.13 $2,161.58 $108.28 Park Renton $337,320 $69,883.02 $254,678.90 $12,758.08 Tukwila $30,976 $6,417.34 $23,387.09 $1,171.57 Total $1,448,077 $300,000 $1,093,308 $54,769 Page 9 of 11 Packet Pg. 70 8.E.b ATTACHMENT 2: Project Economic Summaries Applicant: Habitat for Humanity Seattle -King and Kittitas Counties Project Name: Burien Location: Project Description: New development of 20 homeownership condominium units Financing Sources: Funding source Proposed Amount Status SKHHP $300,000 Applied Housing Trust Fund $1,125,000 Committed King County HOME $1,547,282 Committed Fund for Humanity (developer) $4,860,994 CHIP $568,500 Committed TOTAL $8,401,776 Development Budget: Proposed use Amount Per Unit Land acquisition $1,020,000 $51,000 Soft costs $414,250 $20,713 Development costs $6,734,026 $336,701 Other development costs $233,500 $11,675 TOTAL $8,401,776 $420,089 Page 10 of 11 Packet Pg. 71 8.E.b Applicant: Mercy Housing Northwest Project Name: Burien Family Housing Location: Project Description: New development of 89 unit mixed -income rental housing Financing Sources: Funding source Proposed Amount Status SKHHP $1,093,308 Applied Land donation $1,750,000 Committed Bank loan $10,390,926 4% LIHTC equity $16,523,298 To apply in 2024 Deferred developer fee $2,018,987 State Housing Trust Fund $5,000,000 To apply 2023 Amazon grant $5,000,000 Applied King County $4,900,000 Applied Mercy loan fund (developer) $750,000 TOTAL E $47,426,519 Development Budget Proposed use Amount Per Unit Land acquisition (donation) $1,750,000 $19,663 Soft costs $5,974,879 $67,134 Construction costs $36,540,135 $410,563 Other development costs $3,161,000 $35,517 TOTAL $47,426,519 $532,882 Page 11 of 11 Packet Pg. 72 8.F • KENT *A S M IN G T O N DATE: February 7, 2023 TO: Kent City Council SUBJECT: Goods and Services Agreement with Siemens Industry, Inc., for City of Kent HVAC System Software - Authorize MOTION: I move to authorize the Mayor to sign the Goods & Services Agreement with Siemens Industry, Inc, in the amount of $207,334.10, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The agreement is to upgrade our Siemens HVAC automation software from the existing version, Insight, to the newest version, Desigo CC. The City's building portfolio is managed by this Siemens software and hardware. Maintaining and upgrading this system is critical to the functionality of the HVAC systems at all locations. BUDGET IMPACT: Capital budget ($207,334.10) 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. Goods & Services Agreement - Siemens Industry, Inc. (PDF) 2. Siemens Upgrade Waiver Memo (PDF) 02/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 73 8.F.a KEN T W A S M N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and Siemens Industry, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Siemens Industry, Inc. organized under the laws of the State of Delaware, located and doing business at 15900 SE Eastgate Way, Stuite 200, Bellevue, WA 98008, Joe Tamola, 425- 233-4828 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in attached Exhibit A, incorporated herein, the scope of work is to upgrade our Siemens HVAC automation software from the existing version, Insight, to the newest version, Desigo CC. The City's building portfolio is managed by this Siemens software and hardware and maintaining and upgrading this system is critical to the functionality of the HVAC systems at all locations The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by 12/31/2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $207,334.10, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Payment Terms: 35% mobilization in advance, progress payments 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 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) Packet Pg. 74 8.F.a 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. 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. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Packet Pg. 75 8.F.a 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 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. VII. FORCE MA)EURE. 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 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 the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of 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 performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City 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. 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 during the force majeure event. The cost to restart, change, or secure the work or project site arising from 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. 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 GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) Packet Pg. 76 8.F.a to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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 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. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. 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 GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) Packet Pg. 77 8.F.a that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 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 negligence. 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement 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. 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 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. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) Packet Pg. 78 8.F.a C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) Packet Pg. 79 8.F.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By: By: Print Name: Print Name: Dana Ralph Its Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Joe Tomola Leah Bryant Siemens Industry, Inc. City of Kent 15900 SE Eastgate Way, Suite 200 220 Fourth Avenue South Bellevue, WA 98008 Kent, WA 98032 425-233-4828 (telephone) (253) 856-5084 (telephone) NA (facsimile) (253) 856-5080 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) Packet Pg. 80 8.F.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); • 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); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". 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: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. 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: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 81 8.F.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 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 by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 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 compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 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 sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 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. 82 8.F.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 21. 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 projects); 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, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 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 Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 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. 83 8.F.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 2 seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. 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. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 84 8.F.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING PCII T('Y- SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 85 EHXIBIT A 8.F.a PROPOSAL City of Kent Building Automation System Migration Project PREPARED BY Siemens WArkin$UILDINGS PREPARWWR • Will Moor ra nsfor m i ntheEveryd, DELIVERED ON November 10, 2022 O SIEMEN,-: Table of Contents SIEMENS PROPOSAL....................................................................................................... 3 ContactInformation.............................................................................................. 3 Scopeof Work....................................................................................................... 4 Inclusions.............................................................................................................. 5 Exclusions & Clarifications...................................................................................... 6 SellPrice................................................................................................................ 7 PaymentTerms...................................................................................................... 8 Termsand Conditions..................................................................................................... 9 Terms & Conditions Link(s).................................................................................... 9 SignaturePage............................................................................................................. 10 SignaturePage.................................................................................................... 10 Pa Packet Pg. 87 Contact Information O SIEMENS Proposal #: 6112978 Date: November 10, 2022 Sales Executive: Joe Tomola Branch Address: 15900 SE Eastgate Way Suite 200, Washington 98008 Telephone: 425-233-4828 Email Address: joe.tomola@siemens.com Customer Contact: Will Moore Customer: City of Kent Address: 400 W Gowe St. Kent, WA 98032 Services shall be provided at: Multiple Facilities Pa Packet Pg. 88 8.F.a SIEMENS Scope of Work Siemens recommends that the City of Kent upgrade the existing Insight building automaton software to the latest revision or Desigo CC. The City of Kent building portfolio is monitored and controlled by several building engineers on a 24/7 schedule. After upgrading to Desigo CC, building engineers for City of Kent will benefit in many ways by taking full advantage of the latest building automation technology Siemens offers. Siemens migration approach is to have both Insight and Desigo CC servers running concurrently so operators can become familiar with the new Desigo CC platform while still having full control of the campus via Insight. Pa Packet Pg. 89 8.F.a SIEMENS Inclusions • Provide and configure new Desigo CC server • Provide and configure (1) copy of Desigo CC software • Provide and configure Desigo CC user licenses, qty tea • Provide and configure DataMate on new Desigo CC server • Provide and configure P2 driver, log viewer, and RENO • Provide a max of (10) reports and (30) user defined alarms • Provide and configure licenses for (2,500) building automation points • Provide engineering labor to create a max of (111) Desigo CC graphics • Provide Siemens specialist labor hours necessary to update a max of (1,300 points & 300 TECs) points to current standards • Provide training for (2) students to attend Siemens formal training at local branch • Provide Siemens specialist labor hours necessary to install software, configure settings, add graphic dynamics, setup user accounts, and ensure overall Desigo CC functionality. • Provide Siemens project management labor hours necessary to order material, coordinate scheduling, billing, and oversee entire project execution. Pa Packet Pg. 90 8.F.a SIEMENS Exclusions & Clarifications • Integration to third party systems is excluded • Firmware upgrades are excluded from this pricing • Field panel migrations are excluded (This work was completed in earlier phases) • Repair and replacement of existing failed mechanical equipment & devices is excluded • Ethernet Network, Cabling, Switches, Routers etc. is excluded from this pricing • Pricing is based on labor during normal business hours (8:00am to 5:00pm, Mon — Fri) • Washington State Sales Tax is excluded Pa Packet Pg. 91 8.F.a Sell Price Total Quote Price $188,314.35 Pa Packet Pg. 92 8.F.a SIEMENS Payment Terms Payment Terms Acceptance Agreement The total price of: $188,314.35 and the estimated return on investment are based on the items outlined in this proposal. ANY statements made herein regarding savings that may be achieved by implementing the services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be construed to arise from such statements, nor shall such statements be construed as constituting a guarantee by Siemens that such savings will occur if the services are implemented. Terms and Conditions Disclaimer The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: (i) the Proposal and the Contract Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter (collectively, hereinafter referred to as the "Agreement") and (ii) in the event of any conflict between the terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the Contract Terms and Conditions shall control. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. This Proposal is based on the Siemens Industry, Inc. Standard Terms and Conditions and the "Scope of Work" and are to be considered part of this proposal. Proposal is valid for thirty (30) days from the delivery date of November 10, 2022. Payment is due within 30 days of invoice date. Payment Terms: 35% mobilization in advance, progress payments Total: $188,314.35 Pa Packet Pg. 93 8.F.a SIEMENS Terms & Conditions Link(s) Terms and Conditions (Click to download) Terms & Conditions (Projects) (http://go.siemens.net115156302) Terms & Conditions (Products Only) (http://go.siemens.net115492770) As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Attachment A Riders (Click on rider below to download SI Monitoring Rider (www.siemens.comldownload?A6Vl0946171) SI Online Backup and Data Protection (www.siemens.com/download?A6VI 0946174) SI UBM or Utility Procurement (www.siemens.comldownload?A6Vl 0946178) SI Software License Warranty (www.siemens.com/download?A6Vl 0946180) SI Consulting Rider (www.siemens.comldownload?A6Vl 0946838) SI Third Party Rider (Smart Air QualityTm) (http:llgo.siemens.net/37893169) Pa Packet Pg. 94 8.F.a Signature Page Proposed by: Siemens Industry, Inc. Company Joe Tomola Name 6112978 Proposal # $188,314.35 Proposal Amount November 10, 2022 Date Accepted by: CITY OF KENT Company Name (Printed) Signature Title Date Purchase Order # SIEMENS Pag Packet Pg. 95 8.F.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Packet Pg. 96 8.F.a EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Packet Pg. 97 8.F.a EXHIBIT B (continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Packet Pg. 98 oizo® CERTIFICATE OF LIABILITY INSURANCE I 8.F.a I DATE IN— 01/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. MARSH USA, INC. NAME: 445 SOUTH STREET LAIC,No EXt : (212) 345-1166 A/C No), MORRISTOWN,NJ 07960-6454 E-MAIL AnnRFSS- NewYork.certs@Marsh.com INSURER(S) AFFORDING COVERAGE NAIC # CN102147003-RAM-PPAPL-22/23 4433 SOUSA 1185 NOC60 INSURER A:HDIGlobal Insurance Company 41343 INSURED SIEMENS INDUSTRY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 1000 DEERFIELD PARKWAY INSURER C : The Travelers Indemnity Company 25658 BUFFALO GROVE, IL 60089-4513 INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: NYC-011206328-05 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000 CLAIMS -MADE � OCCUR DAMAGE TO TED (E. occurrence) PREMISESlccurrrence)$ 1,000 MED EXP (Any one person) $ 100 PERSONAL & ADV INJURY $ 1,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000 POLICY JE� LOC PRODUCTS - COMP/OP AGG $ II $ OTHER: B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT Ea accident $ 2,000 BODILY INJURY (Per person) $ X ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /'4 UB-8P83929A-22-51-K(AOS) UB-8P79233A-22-51-R (AZ,MA,WI) TWXJUB-7440L338-TIL-22 OH ( ) 10/01/2022 10/0112022 10/0112022 10/01/2023 10/0112023 10/0112023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000 E.L. DISEASE - EA EMPLOYEE $ 1,000 If yes, describe under DESCRIPTION OF OPERATIONS below """""""$500K LIMIT / $500K SIR""""""" E.L. DISEASE - POLICY LIMIT 1,000 $ A PROFESSIONAL LIABILITY EOD5618803 10/01/2122 10/01/2121 4,00( 'Deductible: $1,000,000' DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CITY OF KENT BAS MIGRATION PROJECT - 2600146060. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF KENT 2204TH AVENUE S. KENT, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 99 AGENCY CUSTOMER ID: CN102147003 8.F.a AGENCY MARSH USA, INC. POLICY NUMBER CARRIER ADDITIONAL REMARKS LOC #: Morristown ADDITIONAL REMARKS SCHEDULE NAMED INSURED SIEMENS INDUSTRY, INC. 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Page 2 of RE: CITY OF KENT BAS MIGRATION PROJECT - 2600146060. CITY OF KENT IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. PER PROJECT AGGREGATE APPLIES. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 100 8.F.a POLICY NUMBER: TC2,7-CAP-744OL34A-TIL-22 COMMERCIAL AUTO ISSUE DATE: ❑8-29-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Farm. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organizations): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.1. of Section II - Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 pc Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 101 POLICY NUMBER: TC2J—CAP-744OL34A—TIL-22 8.F.a COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us. of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Packet Pg. 102 8.F.a POLICY NUMBER: GLD11101-14 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrganization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the ❑eclaratio ns. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Packet Pg. 103 8.F.a TRAVELERS!' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: UB-8P83929A-22-51-K WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 08-29-22 ST ASSIGN: Packet Pg. 104 8.F.a POLICY NUMBER: GLD11101-14 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEESOR CONTRACTORS -- {FORM B} This endorsement modifies insurance provided under thefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Person or Organization Required by a Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person ❑r organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Packet Pg. 105 8.F.a POLICY NUMBER: GLD11101-14 IL SU 4004(10-10) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name, Address and E -Ma il Address of Other Person(s) 10rganization(s): Per schedule on file with the Company. Number of Days Notice: 60 ❑ays, or as required by contract, whichever is less (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to thisendorsement.) I. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail, e-mail or deliver a copy of such written notice of cancellation to the person(s) ❑r ❑rganization(s)shown in the Sch ed u le a bove. II. A copy of the notice, per paragraph I. above, will be mailed, e-mailed or delivered: 1. To the appropriate addresses corresponding to the persons) or ❑rganization(s) shown in the Schedule above; and 2. The number of days required for notice of cancellation, as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. III. Our failure to provide such advance notification to the persons) or organizations) shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation ❑f the policy. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004(10-10) Packet Pg. 106 8.F.a POLICY NUMBER: GLD11101-13 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project�sj: All construction projects as required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the ❑eclarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate ❑esignated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the ❑eclarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made ❑r "suits" brought; ❑r c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Packet Pg. 107 8.F.a 3. Any payments made under Coverage A for damages ❑r under Coverage C for medical expenses shall reduce the ❑esignated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other ❑esignated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the ❑eclarations for Each Occurrence, Damage T❑ Premises Rented T❑ You and Medical Expense continue to apply. However, instead ❑f being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable ❑esignated Construction Project Gen- eral Aggregate Limit. Page 2 of 3 0 Insurance Services Office, Inc., 2008 CG 1 Packet Pg. 108 8.F.a B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical ❑. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any ❑esig- nated Construction Project General Aggre- gate Limit. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" ❑r "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the ❑esignated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits ❑f Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Packet Pg. 109 8.F.a r u m 0 L. IL c 0 :r L C Cn r_ 0 R E 0 a .3 m 0 r U M M V C N 7 C N C N d U) I r C d E N N L Q V it w Co 06 0 ,0 V Q Packet Pg. 110 8.F.b 40 .0 KENT W A S H I N G T O N To: Dana Ralph, Mayor From: Will Moore, Facilities Superintendent CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES PARKS AND OPEN SPACE Garin Lee, Operations Superintendent 220 4th Avenue South Kent, WA 98032 Fax:253-856-6120 PHONE: 253-856-5131 CC: Brian Levenhagen — Deputy Director, Parks, Julie Parascondola — Director, Parks Date: 12/20/22 Re: Siemens Industry, Inc. Building Automation Software Upgrade Memo For over 20 years the City of Kent has used Siemens Insight software to control the HVAC systems throughout the city. This software is a critical system for the operations and allows us to control, monitor and make changes to the HVAC systems for almost all city facilities. In addition to the software, there is corresponding Siemens hardware installed throughout all the buildings. The software lives on a server (Microsoft 2012 R2) maintained by the IT department and due to the age of both the software and server, it's time to upgrade from both a functional and security standpoint. From the Facilities side, the software is outdated, and we need to bring the interface and operations to the current version and from the IT side we need to update the server it lives on from a security standpoint. In addition, in October of 2023, Microsoft is going to stop supporting the current server which is an additional layer of concern for the system. The City of Kent is also already under contract with Siemens for maintenance of the current system. This is important to note because this how we ensure our systems and controls stay calibrated and help us maximize energy efficiency of the system with the automated controls. This includes on -site visits for controls repairs and working with the HVAC team in addition to remote support. Packet Pg. 111 8.F.b KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. Therefore, I believe it is in the City's best interest to directly negotiate a services agreement with Siemens and request that you authorize the waiver of the competitive bidding requirements. Thank you for your consideration. APPROVED: Mayor Dana Ralph • Page 2 Date Packet Pg. 112 8.G KENT DATE: February 7, 2023 TO: Kent City Council SUBJECT: Interlocal Agreement with the City of Federal Way for Jail Services - Authorize MOTION: I move to authorize the Mayor to sign a new year interlocal agreement with the City of Federal Way for jail services, subject to final contract terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The City of Federal Way does not own a facility suitable for incarcerating its misdemeanant inmates. The City of Kent operates its own jail and has previously housed Federal Way's inmates under and interlocal agreement between Kent and Federal Way. The City of Kent is willing to provide housing for Federal Way inmates pursuant to a new agreement with terms substantially similar to those of the parties' prior agreement, which expired at the end of 2022. Jail services provided: Kent will provide Federal Way with guaranteed space for five Federal Way inmates for each day the agreement is effective. Kent may have additional jail space, beyond the reserved guaranteed space available depending on its jail population. Additional space will be made available at the discretion of Kent. Transporting Federal Way Inmates: Federal Way will arrange for the transportation of Federal Way inmates to all court appearances. Medical transportation and medical supervision costs will be reimbursed for all actual costs incurred by Kent when transporting Federal Way inmates to medical facilities and for supervising Federal Way inmates during medical appointments or procedures. Release of Federal Way inmates: Kent shall release Federal Way inmates pursuant to a signed order from the Federal Way Municipal Court judge. Federal Way inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the parties. BUDGET IMPACT: Revenue generated from this agreement is $301,125. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 113 8.G Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Kent City Jail - Federal Way Jail Services Contract Draft (PDF) 01/17/23 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 114 8.G.a INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of suspects and defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant c to this Agreement; and N M WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement that impose duties upon the court; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Federal Way and Kent as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal Way; and to set forth the fees to be paid by Federal Way for such services. 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. 2.1 Federal Way Inmate — Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and Jail Interlocal Agreement between City of Kent and Federal Way Page 1 of 9 Packet Pg. 115 8.G.a regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or removed from custody on the charge. In the event an inmate has both a Kent warrant and a Federal Way warrant, Federal Way shall not be responsible for the booking fee. 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. Guaranteed Space shall include bed space on the hard -side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention ("EHD"). 2.3 Additional Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly 3 basis. Jail space made available beyond the Guaranteed Space shall be referred to as a "Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is a, requesting Additional Space, and Additional Space will be made available at the discretion of Q the KCF. In the event Additional Space is made available, the Additional Space shall be paid o for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the c incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a Federal Way Inmate occupies bed space on the hard -side of the jail, or participates in KCF cm programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law enforcement action that will likely result in a mass booking (i.e. the booking of 2 three or more people) and the need for more than normal Additional Space. o 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked and/or released for the 24-hour period. 2.5 Terms, Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. 2.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, Jail Interlocal Agreement between City of Kent and Federal Way Page 2 of 9 Packet Pg. 116 8.G.a Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain programs, such as EHD or work release, consistent with the rates charged to Kent inmates. 2.7 Medical Program. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72-hour notice period. 2.7.1 Medical Care Outside of KCF — Federal Way Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service providers shall be forwarded to Federal Way for payment by Federal Way directly to the provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed by outside providers. 2.7.2 Medical Temporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a cm municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required L to adopt the standards of release relating to medical temporary releases adopted by the Kent 2 Municipal Court as now adopted or later amended. In the event KCF staff determines that a 2 Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF c staff may issue a medical temporary release that is consistent with the standards of release for c� the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow-up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. in 2.7.3 Booking of Ill or Injured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off -site. Federal Way shall not book into the KCF Federal Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. In the event an inmate who is in medical or mental health crisis is booked Federal Way will make arraignments to relocate the inmate. 2.7.4 KCF Medical Transportation and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures (for example, inmates who are at a high risk of reoffending and ineligible for a Jail Interlocal Agreement between City of Kent and Federal Way Page 3 of 9 Packet Pg. 117 8.G.a medical temporary release pursuant to the adopted standards of release) are Federal Way's sole responsibility and shall not be included in the payment for Guaranteed Space. At each billing cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs shall be charged at a rate of $100 per hour. Time shall be charged in 15 minute increments rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $250.00 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the transport and supervision. 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to a, the KCF and from or to other correctional facilities. The operational policies shall establish a Q regular and efficient schedule for the transportation of Federal Way Inmates to reduce the o frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will c result in the return of the Federal Way Inmate to the KCF is pending. N le 2.9 Video Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by 2 the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of o 2 video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent Municipal Court shall have priority when establishing a time for video hearings. c 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. 2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court judge, commissioner or pro tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of electronic transmission to the KCF. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that results in the unavailability of a Federal Way police or transport officer, inmates may be Jail Interlocal Agreement between City of Kent and Federal Way Page 4 of 9 Packet Pg. 118 8.G.a transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher which shall be invoiced in accordance with this Agreement. As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. 2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is not in the custody or control of KCF to use a provider of electronic home detention services other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate shall be considered a Federal Way Inmate and shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD program. The Federal Way judge shall not have the authority to designate a particular EHD program for any Federal Way inmate once the Federal Way inmate is in the custody or control of the KCF. 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been cm attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. o 3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of $825.00 per day ($301,125.00 per year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $21.25 per day for inmates on EHD, and $191.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 x $191.00, for a total of $382.00. 3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of $40.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after a period in which he or she was not subject to confinement at the KCF or participating in a KCF Jail Interlocal Agreement between City of Kent and Federal Way Page 5 of 9 Packet Pg. 119 8.G.a jail program including KCF operated EHD. Federal Way Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. Bills of medical services provided by medical providers outside of the KCF as well as ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way 3.5 Annual Cost Inflator. On January 1, 2023, and on January 1 of each year thereafter o that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle- c Tacoma -Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle -Tacoma - Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in M Sections 3.1-3.2 shall not be reduced. 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way Inmates who occupied the KCF during the quarter by name, as well as the number of days each Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start on January 1, 2023, and shall remain in effect through December 31, 2028 This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms shall be agreed to by the Parties by October 1 of the year in which the current term. Jail Interlocal Agreement between City of Kent and Federal Way Page 6 of 9 Packet Pg. 120 8.G.a 5.1. Early Termination without Breach. Should either party desire to terminate this Agreement absent a breach, a notice of termination shall be provided in writing to the other party no less than 180 days prior to the effective date of the termination. 5.2. Early Termination for Breach. In the event a party is in material breach of this Agreement, the non -breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non -breaching party. In the event Federal Way is the party in breach, Federal Way shall be subject to an early termination penalty of $24,750.00 for each month remaining in the duration of the Agreement. 6. INDEMNIFICATION. 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and as employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of a, Kent, its officers, agents, and employees, or any of them relating to or arising out of the Q performance of this contract. In the event that any suit based upon such a claim, action, loss, or o damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of M them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. L 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said suit; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.3 The provisions of this Section shall survive termination of this Agreement. 7. MISCELLANEOUS. 7.1 Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for Jail Interlocal Agreement between City of Kent and Federal Way Page 7 of 9 Packet Pg. 121 8.G.a any joint or cooperative undertaking pursuant to this Agreement. 7.2 Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(a). 7.4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been prepared by both parties with advice of legal counsel and the legal doctrine of Contra Proferentem shall not be used against either party to resolve any dispute about the meaning of a provision. 7.7 Notices. Notices shall be sent to the following addresses: Mayor and Chief Administrative Officer and Police Chief Police Chief City of Federal Way City of Kent 33325 81h Avenue South 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 7.8 Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 7.9 Severability. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed Jail Interlocal Agreement between City of Kent and Federal Way Page 8 of 9 N M Packet Pg. 122 8.G.a inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. CITY OF FEDERAL WAY: Jim Ferrell, Mayor Dated: Attest: Stephanie Courtney, City Clerk Dated: Approved as to Form: J. Ryan Call, City Attorney Dated: Jail Interlocal Agreement between City of Kent and Federal Way Page 9 of 9 CITY OF KENT: Dana Ralph, Mayor Dated: Approved as to Form: Tammy White, City Attorney Dated: Packet Pg. 123 8.G.a Exhibit A - NON-DISCRIMINATION The Parties are 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 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); • 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); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements each party, and any contractor, subcontractor, or supplier on this specific Agreement, must adhere to. During the performance of this interlocal agreement, each party agrees as follows: N A. Compliance with Regulations: Each party will comply with all Acts and the M Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted o programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they r may be amended from time to time, which are herein incorporated by reference 0 and made a part of this contract. W B. Non-discrimination: Neither party will 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. Neither party will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by either party for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the party of the party's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: Each party will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will a permit access to its books, records, accounts, other sources of information, and its EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 124 8.G.a facilities as may be determined applicable to party's contract by the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a party is in the exclusive possession of another who fails or refuses to furnish the information, the party will so certify to the other party or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a party's noncompliance with the non-discrimination provisions of this contract, the other party will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments under the contract until the party complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: Each party will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials 3 and leases of equipment, unless exempt by the Acts and Regulations and directives a issued pursuant thereto. The party will take action with respect to any subcontract or procurement as the other party or the Washington State Department of Transportation may direct as a means of enforcing such provisions including Q sanctions for noncompliance. Provided, that if the party becomes involved in, or is o threatened with litigation by a subcontractor, or supplier because of such direction, the party may request the other party to enter into any litigation to protect its interests. In addition, the contractor may request the United States to enter into T.- the litigation to protect the interests of the United States. M During the performance of this contract, each party 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 21. 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 projects); 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, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, a coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 125 ix. X. xi. xni. 8.G.a Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination cn on the basis of disability in the operation of public entities, public and private L transportation systems, places of public accommodation, and certain testing entities 4° (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; L 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); Ui Executive Order 12898, Federal Actions to Address Environmental Justice in Minority w ;, 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; 3 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination L includes discrimination because of Limited English proficiency (LEP). To ensure Q compliance with Title VI, you must take reasonable steps to ensure that LEP persons F0 have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Washington Law Against Discrimination (Ch. 49.60 RCW) M y The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during contract performance. By signing below, each party agrees to fulfill the requirements referenced above. By: For: City of Kent Title: Date: By: For: City of Federal Wax Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 126 8.H KENT DATE: February 7, 2023 TO: Kent City Council SUBJECT: Amendment to Interlocal Agreement with King County to Accept Funds from King County Conservation Futures for the Ruth Property Acquisition - Authorize Motion: I move to accept grant funds in the amount of $2,000,000 from the King County Conservation Futures Fund for the Ruth Property acquisition, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County Conservation Futures Tax (CFT) levy funds are allocated throughout King County as a dedicated portion of property taxes for the acquisition of open space and natural resources lands. The Conservation Futures Citizens Committee makes funding recommendations to the King County Executive annually for funds to be distributed to cities and other entities through interlocal cooperation agreements. In 2022, Park staff applied for funding from the King County Conservation Futures Tax to assist with the Ruth Property acquisition. Through the Conservation Futures Tax, the City can apply for grant funding for half of the acquisition cost. During 2022, we were awarded $2,000,000 from King County Conservation Futures Tax Levy. BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 127 8.H ATTACHMENTS: 1. Interlocal Agreement Amendment #1 (DOCX) 02/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 128 8.H.a AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of May, 2022. The parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment 1. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Dow Constantine King County Executive Date: Approved as to form: Leesa Manion King County Prosecuting Attorney Dana Ralph Mayor Date: Approved as to form: Tammy White City Attorney Amendment 1 Kent -King County Interlocal Cooperation Agreement Page 1 Packet Pg. 129 8.H.a EXHIBIT 1 2023 CONSERVATION FUTURES LEVY PROCEEDS CITY OF KENT ALLOCATION Jurisdiction Project Name Allocation Kent Clark Lake Park — Ruth Acquisition $2,000,000 TOTAL $2,000,000 Project Description: Proiect # 1141757 (Award #1143657): Kent — Clark Lake Park Ruth — Acauisition The City of Kent seeks to acquire some of the last private inholdings at Clark Lake Park, toward a long-term goal of acquiring 140 contiguous acres in this passive use park. This year, the city proposes to purchase two parcels comprising 15.5 acres that include meadows and lake frontage on the south side of Clark Lake. This project will allow a trail that circumnavigates the lake, and allow restoration to improve water quality for lake outflows, which support Coho salmon habitat downstream. Project funding was authorized in King County Ordinance 19546. Is this a Bond -financed Project? Yes Amendment 1 Page 2 Kent -King County Interlocal Cooperation Agreement Packet Pg. 130 10.A KENT DATE: February 7, 2023 TO: Kent City Council SUBJECT: Rectangular Rapid Flashing Beacon Crossing Improvements Project — Award MOTION: I move to award the Rectangular Rapid Flashing Beacon Crossing Improvements Project to Global Contractors, LLC in the amount of $939,933.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes construction of pedestrian crossings with median refuge islands and rapid flashing beacons at four locations throughout Kent; two new crossings on Central Avenue, one near Kent Memorial Park and one near Novak Lane; S.E. 240th Street, east of Benson Hwy, near the USPS Office; and 104th Avenue S.E., between S.E. 256th and S.E. 260th Streets. All locations will feature new ADA compliant curb ramps. The bid opening for the Rectangular Rapid Flashing Beacon Crossing Improvements Project was held on January 31, 2023 with 10 bids received. The lowest responsible and responsive bid was submitted by Global Contractors, LLC in the amount of $939,933.50. Bid Tab Summary 01. Global Contractors, LLC $939,933.50 02. ICON Materials $1,103,419.00 03. Active Construction Inc. $1,115,115.00 04. NPM Construction Co. $1,131,754.00 05. Northwest Cascade, Inc. $1,251,251.00 06. Reign City Services LLC $1,260,539.69 07. Sound Pacific Construction LLC $1,282,060.00 08. Axum General Construction, Inc. $1,285,900.50 09. TITAN Earthwork $1,303,061.00 10. Road Construction Northwest, Inc. $1,358,885.00 Engineer's Estimate $1,220,005.00 BUDGET IMPACT: This project has a WSDOT grant for $1,163,588 with remaining Packet Pg. 131 10.A costs paid for using the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolvin4 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. RRFB Crossing Improvements Bid Tab (PDF) Packet Pg. 132 10.A.a Rectangular Rapid Flashing Beacon 1 2 3 4 Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM Global Contractors, LLC ICON Materials Active Construction Inc. NPM Construction Co ui 127 Mashell Avenue N., PMB 53 1508 Valentine Avenue SE PO Box 430 PO Box 1229 0 Disclaimer: These preliminary bid results are provided as a convenience to Eatonville, WA 98328 Pacific, WA 98047-2103 Puyallup, WA 98371 Maple Valley, WA 98038-1229 U contractors for informational purposes only and do not identify lowest O responsible bidder. Bid review by staff and final award pending. TOTAL $939,933.50 $1,103,419.00 $1,115,115.00 $1,131,754.00 (D ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 00 NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a1 C t SCHEDULE I: N R 1000 Mobilization 1 LS 100,000.00 $100,000.00 195,000.00 $195,000.00 110,786.00 $110,786.00 126,500.00 $126,500.00 LL 1005 Clearing and Grubbing 1 LS 11000.00 $1,000.00 3,150.00 $3,150.00 13,500.00 $13,500.00 2,000.00 $2,000.00 -O 1008 Remove and Reinstall Existing Fence 50 LF 70.00 $3,500.00 35.00 $1,750.00 165.00 $8,250.00 39.00 $1,950.00 1010 Remove Existing Asphalt Concrete Pavement 1,000 SY 54.00 $54,000.00 35.00 $35,000.00 31.00 $31,000.00 28.00 $28,000.00 R 1020 Remove Cement Concrete Sidewalk 230 SY 54.00 $12,420.00 93.00 $21,390.00 23.00 $5,290.00 37.00 $8,510.00 1025 Remove Cement Concrete Curb and Gutter 300 LF 20.00 $6,000.00 25.50 $7,650.00 17.00 $5,100.00 16.00 $4,800.00 1030 Remove Cement Concrete Extruded Curb 200 LF 10.00 $2,000.00 18.50 $3,700.00 13.00 $2,600.00 9.00 $1,800.00 1045 Removal of Traffic Signs 1 LS 2,500.00 $2,500.00 151.00 $151.00 500.00 $500.00 800.00 $800.00 C 1048 Removal of Raised Pavement Markers and Painted 1 LS 1,800.00 $1,800.00 2,070.00 $2,070.00 3,000.00 $3,000.00 2,500.00 $2,500.00 v and/or ThermoDlastic Traffic Markinas 1050 Saw Cut Existing Asphalt Concrete Pavement 1,600 LF 1.00 $1,600.00 3.00 $4,800.00 6.50 $10,400.00 7.00 $11,200.00 1060 Roadway Excavation Incl. Haul 50 CY 75.00 $3,750.00 160.00 $8,000.00 130.00 $6,500.00 100.00 $5,000.00 00 M 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 600 TON 50.00 $30,000.00 65.50 $39,300.00 65.00 $39,000.00 50.00 $30,000.00 M 1085 Permeable Ballast 250 TON 50.00 $12,500.00 45.00 $11,250.00 72.00 $18,000.00 54.00 $13,500.00 v 1100 HMA Cl. 1/2", PG 58V-22 300 TON 210.00 $63,000.00 186.00 $55,800.00 300.00 $90,000.00 253.00 $75,900.00 1102 Asphalt Cost Price Adjustment 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 H 1105 Cement Concrete Sidewalk Ramp Type Parallel A 7 EA 2,000.00 $14,000.00 2,760.00 $19,320.00 3,250.00 $22,750.00 4,100.00 $28,700.00 -0 1110 Cement Concrete Sidewalk Ramp Type Combination 1 EA 2,000.00 $2,000.00 2,990.00 $2,990.00 3,250.00 $3,250.00 4,100.00 $4,100.00 m 1115 Cement Concrete Sidewalk Ramp Type Median 4 EA 4,000.00 $16,000.00 2,300.00 $9,200.00 5,200.00 $20,800.00 3,910.00 $15,640.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 45 SY 100.00 $4,500.00 122.00 $5,490.00 330.00 $14,850.00 136.00 $6,120.00 N 1145 Cement Concrete Sidewalk 85 SY 90.00 $7,650.00 74.50 $6,332.50 125.00 $10,625.00 125.00 $10,625.00 E 1205 Cement Concrete Curb and Gutter 270 LF 70.00 $18,900.00 33.50 $9,045.00 55.00 $14,850.00 65.00 $17,550.00 a> 1210 Painted Yellow Cement Concrete Traffic Curb 950 LF 60.00 $57,000.00 36.00 $34,200.00 40.00 $38,000.00 52.00 $49,400.00 0- 1211 Pedestrian Curb 220 LF 40.00 $8,800.00 28.75 $6,325.00 36.00 $7,920.00 30.00 $6,600.00 rL 1220 Adjust Existing Catch Basin Frame and Grate to 3 EA 500.00 $1,500.00 345.00 $1,035.00 550.00 $1,650.00 625.00 $1,875.00 E Finished Grade 0) 1225 Adjust Existing Manhole Cover to Finished Grade 1 EA 1,000.00 $1,000.00 345.00 $345.00 550.00 $550.00 1,000.00 $1,000.00 S 1230 Adjust Existing Junction Box to Finished Grade with 2 EA 1,000.00 $2,000.00 1,500.00 $3,000.00 550.00 $1,100.00 2,600.00 $5,200.00 U) ADA Lid O 1235 Vaned Frame and Grate 4 EA 1,000.00 $4,000.00 575.00 $2,300.00 1,000.00 $4,000.00 860.00 $3,440.00 (U 1315 Pothole Utilities 20 EA 250.00 $5,000.00 188.00 $3,760.00 275.00 $5,500.00 520.00 $10,400.00 m 1505 Traffic Control Labor 1,100 HR 50.00 $55,000.00 71.00 $78,100.00 73.00 $80,300.00 71.00 $78,100.00 LL 1510 Construction Signs Class A 800 SF 5.00 $4,000.00 18.00 $14,400.00 12.00 $9,600.00 26.00 $20,800.00 1515 Traffic Control Supervisor 600 HR 55.00 $33,000.00 78.00 $46,800.00 82.00 $49,200.00 80.00 $48,000.00 1520 Temporary Traffic Control Devices 1 LS 10,000.00 $10,000.00 4,880.00 $4,880.00 10,000.00 $10,000.00 7,200.00 $7,200.00 O 1530 Portable Changeable Message Sign (PCMS) 240 DAY 50.00 $12,000.00 46.00 $11,040.00 60.00 $14,400.00 125.00 $30,000.00 E 1535 Sequential Arrow Sign (SAS) 160 DAY 25.00 $4,000.00 28.75 $4,600.00 35.00 $5,600.00 100.00 $16,000.00 v 1540 Permanent Signing 1 LS 14,000.00 $14,000.00 23,900.00 $23,900.00 25,000.00 $25,000.00 23,645.00 $23,645.00 1545 Traffic Pylon 32 EA 150.00 $4,800.00 172.50 $5,520.00 165.00 $5,280.00 210.00 $6,720.00 Q 1548 Temporary Pavement Marking - Short Duration 1,740 LF 1.00 $1,740.00 0.45 $783.00 3.30 $5,742.00 2.00 $3,480.00 1550 Profiled Plastic Skip Lane Line 1,150 LF 8.50 $9,775.00 9.50 $10,925.00 9.40 $10,810.00 11.50 $1 Pg. 133 1555 Profiled Plastic Two Way Left Turn Lane Line 590 LF 15.00 $8,850.00 17.00 $10,030.00 16.60 $9,794.00 18.50 $ Packet 10.A.a Rectangular Rapid Flashing Beacon 1 2 3 4 Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM Global Contractors, LLC ICON Materials Active Construction Inc. NPM Construction Co 127 Mashell Avenue N., PMB 53 1508 Valentine Avenue SE PO Box 430 PO Box 1229 Disclaimer: These preliminary bid results are provided as a convenience to Eatonville, WA 98328 Pacific, WA 98047-2103 Puyallup, WA 98371 Maple Valley, WA 98038-1229 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $939,933.50 $1,103,419.00 $1,115,115.00 $1,131,754.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1560 Plastic Crosswalk Line 800 SF 9.00 $7,200.00 10.35 $8,280.00 10.00 $8,000.00 11.50 $9,200.00 1565 Plastic Stop Line (24 Inch Wide) 180 LF 15.50 $2,790.00 17.50 $3,150.00 17.00 $3,060.00 20.00 $3,600.00 1570 Raised Pavement Marker Type 2 2 HUND 600.00 $1,200.00 690.00 $1,380.00 665.00 $1,330.00 900.00 $1,800.00 1575 Profiled Plastic Yellow Edge Line 620 LF 18.00 $11,160.00 21.00 $13,020.00 19.90 $12,338.00 21.25 $13,175.00 1650 Median Rectangular Rapid Flashing Beacon - Flasher 12 EA 5,534.00 $66,408.00 6,300.00 $75,600.00 6,150.00 $73,800.00 6,116.00 $73,392.00 Onlv 1653 RRFB Post and Pedestrian Pushbutton Assembly 12 EA 3,929.00 $47,148.00 4,500.00 $54,000.00 4,500.00 $54,000.00 4,316.00 $51,792.00 1655 Pedestrian Lighting 8 EA 9,134.00 $73,072.00 10,500.00 $84,000.00 10,000.00 $80,000.00 9,741.00 $77,928.00 1660 Electrical Wiring and Connections 1 LS 23,580.00 $23,580.00 27,000.00 $27,000.00 35,000.00 $35,000.00 26,610.00 $26,610.00 1665 Junction Box, Type 1 21 EA 1,308.00 $27,468.00 1,500.00 $31,500.00 1,450.00 $30,450.00 1,522.00 $31,962.00 1670 Supply and Install 2 Inch Diameter Schedule 80 PVC 850 LF 34.65 $29,452.50 40.00 $34,000.00 38.30 $32,555.00 47.00 $39,950.00 Conduit 1675 Sand for Conduit Bedding 50 TON 75.00 $3,750.00 86.00 $4,300.00 83.00 $4,150.00 100.00 $5,000.00 1680 Controlled Density Fill 20 CY 180.00 $3,600.00 207.00 $4,140.00 200.00 $4,000.00 265.00 $5,300.00 1685 Service Cabinet Installation (City Provided) 3 EA 3,000.00 $9,000.00 3,450.00 $10,350.00 3,350.00 $10,050.00 3,410.00 $10,230.00 1700 Inlet Protection 19 EA 50.00 $950.00 47.50 $902.50 125.00 $2,375.00 130.00 $2,470.00 1730 ESC Lead 40 HR 50.00 $2,000.00 56.00 $2,240.00 1.00 $40.00 16.00 $640.00 1740 SPCC Plan 1 LS 2,500.00 $2,500.00 200.00 $200.00 1,000.00 $1,000.00 1,500.00 $1,500.00 1750 Street Cleaning 80 HR 50.00 $4,000.00 220.00 $17,600.00 155.00 $12,400.00 185.00 $14,800.00 1755 Erosion/Water Pollution Control 1 FA 8,000.00 $8,000.00 8,000.00 $8,000.00 8,000.00 $8,000.00 8,000.00 $8,000.00 1830 Seeding, Fertilizing, and Mulching 190 SY 3.00 $570.00 7.50 $1,425.00 28.00 $5,320.00 19.00 $3,610.00 1835 Topsoil Type A 50 CY 150.00 $7,500.00 80.00 $4,000.00 135.00 $6,750.00 92.00 $4,600.00 1990 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 CONSTRUCTION CONTRACT TOTAL $939,933.50 $1,103,419.00 $1,115,115.00 $1,131,754.00 00 M M M H ZS m C N E O i Q E C .y O i U m U- c a> E t U fC Q Packet Pg. 134 10.A.a Rectangular Rapid Flashing Beacon 5 6 7 8 Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM Northwest Cascade, Inc. Reign City Services LLC Sound Pacific Construction LLC Axum General Construction, Inc. ui PO Box 73399 100 Andover Park W., Suite 150 #349 6708 144th Street NW, Suite A 27474 210th Avenue SE 0 Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 Tukwila, WA 98188-2828 Gig Harbor, WA 98332 Maple Valley, WA 98038 U contractors for informational purposes only and do not identify lowest O responsible bidder. Bid review by staff and final award pending. TOTAL $1,251,251.00 $1,260,539.69 $1,282,060.00 $1,285,900.50 (D ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 00 NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a1 C t SCHEDULE I: N R 1000 Mobilization 1 LS 125,000.00 $125,000.00 123,754.00 $123,754.00 127,000.00 $127,000.00 240,378.50 $240,378.50 LL 1005 Clearing and Grubbing 1 LS 66,395.00 $66,395.00 8,032.41 $8,032.41 11,000.00 $11,000.00 4,245.10 $4,245.10 -O 1008 Remove and Reinstall Existing Fence 50 LF 44.00 $2,200.00 52.74 $2,637.00 60.00 $3,000.00 45.00 $2,250.00 1010 Remove Existing Asphalt Concrete Pavement 1,000 SY 21.25 $21,250.00 15.76 $15,760.00 65.00 $65,000.00 65.00 $65,000.00 iY 1020 Remove Cement Concrete Sidewalk 230 SY 15.00 $3,450.00 28.63 $6,584.90 30.00 $6,900.00 24.10 $5,543.00 1025 Remove Cement Concrete Curb and Gutter 300 LF 13.50 $4,050.00 15.63 $4,689.00 10.00 $3,000.00 8.90 $2,670.00 1030 Remove Cement Concrete Extruded Curb 200 LF 8.25 $1,650.00 10.78 $2,156.00 6.00 $1,200.00 5.60 $1,120.00 1045 Removal of Traffic Signs 1 LS 500.00 $500.00 9,230.40 $9,230.40 1,500.00 $1,500.00 245.50 $245.50 1048 Removal of Raised Pavement Markers and Painted 1 LS 2,000.00 $2,000.00 1,947.24 $1,947.24 2,000.00 $2,000.00 2,376.00 $2,376.00 v and/or ThermoDlastic Traffic Markinas 1050 Saw Cut Existing Asphalt Concrete Pavement 1,600 LF 6.00 $9,600.00 7.38 $11,808.00 8.00 $12,800.00 14.00 $22,400.00 1060 Roadway Excavation Incl. Haul 50 CY 95.00 $4,750.00 105.17 $5,258.50 75.00 $3,750.00 263.20 $13,160.00 00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 600 TON 60.00 $36,000.00 57.25 $34,350.00 55.00 $33,000.00 68.40 $41,040.00 M 1085 Permeable Ballast 250 TON 69.00 $17,250.00 71.32 $17,830.00 60.00 $15,000.00 81.60 $20,400.00 v 1100 HMA Cl. 1/2", PG 58V-22 300 TON 300.00 $90,000.00 270.45 $81,135.00 250.00 $75,000.00 329.90 $98,970.00 1102 Asphalt Cost Price Adjustment 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 H 1105 Cement Concrete Sidewalk Ramp Type Parallel A 7 EA 4,325.00 $30,275.00 2,642.33 $18,496.31 4,500.00 $31,500.00 3,229.40 $22,605.80 1110 Cement Concrete Sidewalk Ramp Type Combination 1 EA 4,550.00 $4,550.00 2,993.55 $2,993.55 4,500.00 $4,500.00 3,493.40 $3,493.40 m 1115 Cement Concrete Sidewalk Ramp Type Median 4 EA 3,875.00 $15,500.00 2,802.39 $11,209.56 5,500.00 $22,000.00 2,733.00 $10,932.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 45 SY 163.00 $7,335.00 128.17 $5,767.65 250.00 $11,250.00 106.00 $4,770.00 N 1145 Cement Concrete Sidewalk 85 SY 100.00 $8,500.00 86.58 $7,359.30 120.00 $10,200.00 68.80 $5,848.00 E 1205 Cement Concrete Curb and Gutter 270 LF 43.00 $11,610.00 50.54 $13,645.80 70.00 $18,900.00 33.70 $9,099.00 a> 1210 Painted Yellow Cement Concrete Traffic Curb 950 LF 49.50 $47,025.00 2.88 $2,736.00 55.00 $52,250.00 36.20 $34,390.00 0 1211 Pedestrian Curb 220 LF 38.50 $8,470.00 40.79 $8,973.80 55.00 $12,100.00 38.00 $8,360.00 rL 1220 Adjust Existing Catch Basin Frame and Grate to 3 EA 725.00 $2,175.00 536.97 $1,610.91 1,250.00 $3,750.00 813.00 $2,439.00 E Finished Grade 0) 1225 Adjust Existing Manhole Cover to Finished Grade 1 EA 725.00 $725.00 747.77 $747.77 1,250.00 $1,250.00 997.20 $997.20 S 1230 Adjust Existing Junction Box to Finished Grade with 2 EA 1,000.00 $2,000.00 508.21 $1,016.42 1,400.00 $2,800.00 61.40 $122.80 U) ADA Lid O 1235 Vaned Frame and Grate 4 EA 775.00 $3,100.00 681.28 $2,725.12 800.00 $3,200.00 464.20 $1,856.80 U 1315 Pothole Utilities 20 EA 600.00 $12,000.00 601.14 $12,022.80 750.00 $15,000.00 0.01 $0.20 m 1505 Traffic Control Labor 1,100 HR 78.00 $85,800.00 81.14 $89,254.00 80.00 $88,000.00 59.00 $64,900.00 LL 1510 Construction Signs Class A 800 SF 36.00 $28,800.00 37.86 $30,288.00 34.00 $27,200.00 0.01 $8.00 1515 Traffic Control Supervisor 600 HR 83.00 $49,800.00 97.36 $58,416.00 90.00 $54,000.00 0.01 $6.00 1520 Temporary Traffic Control Devices 1 LS 40,000.00 $40,000.00 19,472.40 $19,472.40 5,000.00 $5,000.00 12,913.60 $12,913.60 O 1530 Portable Changeable Message Sign (PCMS) 240 DAY 64.00 $15,360.00 270.45 $64,908.00 65.00 $15,600.00 59.30 $14,232.00 E 1535 Sequential Arrow Sign (SAS) 160 DAY 20.00 $3,200.00 189.32 $30,291.20 50.00 $8,000.00 5.00 $800.00 v 1540 Permanent Signing 1 LS 17,500.00 $17,500.00 51,352.38 $51,352.38 53,000.00 $53,000.00 41,655.00 $41,655.00 +� 1545 Traffic Pylon 32 EA 170.00 $5,440.00 162.27 $5,192.64 155.00 $4,960.00 198.00 $6,336.00 Q 1548 Temporary Pavement Marking - Short Duration 1,740 LF 1.65 $2,871.00 1.08 $1,879.20 2.00 $3,480.00 0.60 $1,044.00 1550 Profiled Plastic Skip Lane Line 1,150 LF 10.00 $11,500.00 9.20 $10,580.00 10.00 $11,500.00 11.20 $12-880-00 Pg. 1 S5 1555 Profiled Plastic Two Way Left Turn Lane Line 590 LF 17.00 $10,030.00 16.23 $9,575.70 17.00 $10,030.00 19.80 $ Packet 10.A.a Rectangular Rapid Flashing Beacon 5 6 7 8 Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM Northwest Cascade, Inc. Reign City Services LLC Sound Pacific Construction LLC Axum General Construction, Inc. PO Box 73399 100 Andover Park W., Suite 150 #349 6708 144th Street NW, Suite A 27474 210th Avenue SE Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 Tukwila, WA 98188-2828 Gig Harbor, WA 98332 Maple Valley, WA 98038 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,251,251.00 $1,260,539.69 $1,282,060.00 $1,285,900.50 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1560 Plastic Crosswalk Line 800 SF 10.00 $8,000.00 10.71 8,568.00 11.00 $8,800.00 11.90 $9,520.00 1565 Plastic Stop Line (24 Inch Wide) 180 LF 17.50 $3,150.00 16.77 $3,018.60 18.00 $3,240.00 20.50 $3,690.00 1570 Raised Pavement Marker Type 2 2 HUND 680.00 $1,360.00 649.08 $1,298.16 700.00 $1,400.00 7.90 $15.80 1575 Profiled Plastic Yellow Edge Line 620 LF 20.00 $12,400.00 49.47 $30,671.40 20.00 $12,400.00 23.80 $14,756.00 1650 Median Rectangular Rapid Flashing Beacon - Flasher 12 EA 9,250.00 $111,000.00 4,731.56 $56,778.72 8,200.00 $98,400.00 11,170.00 $134,040.00 Onlv 1653 RRFB Post and Pedestrian Pushbutton Assembly 12 EA 6,000.00 $72,000.00 3,782.80 $45,393.60 6,200.00 $74,400.00 7,342.00 $88,104.00 1655 Pedestrian Lighting 8 EA 8,500.00 $68,000.00 13,817.44 $110,539.52 11,000.00 $88,000.00 10,369.20 $82,953.60 1660 Electrical Wiring and Connections 1 LS 38,000.00 $38,000.00 86,517.99 $86,517.99 29,000.00 $29,000.00 36,980.50 $36,980.50 1665 Junction Box, Type 1 21 EA 1,000.00 $21,000.00 1,356.16 $28,479.36 1,500.00 $31,500.00 1,249.40 $26,237.40 1670 Supply and Install 2 Inch Diameter Schedule 80 PVC 850 LF 47.00 $39,950.00 43.87 $37,289.50 40.00 $34,000.00 65.80 $55,930.00 Conduit 1675 Sand for Conduit Bedding 50 TON 110.00 $5,500.00 45.61 $2,280.50 80.00 $4,000.00 0.01 $0.50 1680 Controlled Density Fill 20 CY 385.00 $7,700.00 191.69 $3,833.80 200.00 $4,000.00 0.01 $0.20 1685 Service Cabinet Installation (City Provided) 3 EA 4,500.00 $13,500.00 3,530.12 $10,590.36 3,500.00 $10,500.00 5,863.10 $17,589.30 1700 Inlet Protection 19 EA 85.00 $1,615.00 75.82 $1,440.58 100.00 $1,900.00 19.40 $368.60 1730 ESC Lead 40 HR 1.00 $40.00 95.58 $3,823.20 125.00 $5,000.00 0.01 $0.40 1740 SPCC Plan 1 LS 500.00 $500.00 764.64 $764.64 1,000.00 $1,000.00 139.50 $139.50 1750 Street Cleaning 80 HR 125.00 $10,000.00 173.07 $13,845.60 200.00 $16,000.00 0.01 $0.80 1755 Erosion/Water Pollution Control 1 FA 8,000.00 $8,000.00 8,000.00 $8,000.00 8,000.00 $8,000.00 8,000.00 $8,000.00 1830 Seeding, Fertilizing, and Mulching 190 SY 7.50 $1,425.00 16.78 $3,188.20 10.00 $1,900.00 1.00 $190.00 1835 Topsoil Type A 50 CY 109.00 $5,450.00 70.62 $3,531.00 80.00 $4,000.00 24.30 $1,215.00 1990 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 CONSTRUCTION CONTRACT TOTAL $1,251,251.00 $1,260,539.69 $1,282,060.00 $1,285,900.50 00 M M sZ M H m C N E O i Q E C .y O i U ib U- c a> E t U fC Q Packet Pg. 136 10.A. a Rectangular Rapid Flashing Beacon Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM Disclaimer: These preliminary bid results are provided as a convenience to contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL 9 TITAN Earthwork 1585 Valentine Avenue SE Pacific, WA 98047 $1,303,061.00 10 Road Construction Northwest, Inc. PO Box 2228 Renton, WA 98056 $1,358,885.00 Engineer's Estimate Drew Holcomb $1,220,005.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: 1000 Mobilization 1 LS 107,731.00 $107,731.00 135,000.00 $135,000.00 $90,400.00 $90,400.00 1005 Clearing and Grubbing 1 LS 4,950.00 $4,950.00 5,600.00 $5,600.00 2,000.00 $2,000.00 1008 Remove and Reinstall Existing Fence 50 LF 46.50 $2,325.00 39.00 $1,950.00 30.00 $1,500.00 1010 Remove Existing Asphalt Concrete Pavement 1,000 SY 55.50 $55,500.00 25.00 $25,000.00 35.00 $35,000.00 1020 Remove Cement Concrete Sidewalk 230 SY 38.00 $8,740.00 15.00 $3,450.00 35.00 $8,050.00 1025 Remove Cement Concrete Curb and Gutter 300 LF 50.00 $15,000.00 12.50 $3,750.00 15.00 $4,500.00 1030 Remove Cement Concrete Extruded Curb 200 LF 6.00 $1,200.00 10.00 $2,000.00 15.00 $3,000.00 1045 Removal of Traffic Signs 1 LS 250.00 $250.00 1,200.00 $1,200.00 1,000.00 $1,000.00 1048 Removal of Raised Pavement Markers and Painted 1 LS 2,875.00 $2,875.00 2,400.00 $2,400.00 2,500.00 $2,500.00 and/or ThermoDlastic Traffic Markinas 1050 Saw Cut Existing Asphalt Concrete Pavement 1,600 LF 12.00 $19,200.00 6.00 $9,600.00 10.00 $16,000.00 1060 Roadway Excavation Incl. Haul 50 CY 105.00 $5,250.00 81.00 $4,050.00 100.00 $5,000.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 600 TON 44.00 $26,400.00 64.00 $38,400.00 60.00 $36,000.00 1085 Permeable Ballast 250 TON 78.00 $19,500.00 71.00 $17,750.00 75.00 $18,750.00 1100 HMA Cl. 1/2", PG 58V-22 300 TON 325.00 $97,500.00 250.00 $75,000.00 220.00 $66,000.00 1102 Asphalt Cost Price Adjustment 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 1105 Cement Concrete Sidewalk Ramp Type Parallel A 7 EA 3,750.00 $26,250.00 3,000.00 $21,000.00 3,000.00 $21,000.00 1110 Cement Concrete Sidewalk Ramp Type Combination 1 EA 3,750.00 $3,750.00 3,000.00 $3,000.00 3,500.00 $3,500.00 1115 Cement Concrete Sidewalk Ramp Type Median 4 EA 4,100.00 $16,400.00 3,400.00 $13,600.00 2,500.00 $10,000.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 45 SY 285.00 $12,825.00 220.00 $9,900.00 150.00 $6,750.00 1145 Cement Concrete Sidewalk 85 SY 225.00 $19,125.00 158.00 $13,430.00 150.00 $12,750.00 1205 Cement Concrete Curb and Gutter 270 LF 78.00 $21,060.00 81.50 $22,005.00 45.00 $12,150.00 1210 Painted Yellow Cement Concrete Traffic Curb 950 LF 54.00 $51,300.00 58.50 $55,575.00 50.00 $47,500.00 1211 Pedestrian Curb 220 LF 72.00 $15,840.00 72.00 $15,840.00 35.00 $7,700.00 1220 Adjust Existing Catch Basin Frame and Grate to 3 EA 550.00 $1,650.00 1,100.00 $3,300.00 750.00 $2,250.00 Finished Grade 1225 Adjust Existing Manhole Cover to Finished Grade 1 EA 750.00 $750.00 1,100.00 $1,100.00 850.00 $850.00 1230 Adjust Existing Junction Box to Finished Grade with 2 EA 550.00 $1,100.00 945.00 $1,890.00 750.00 $1,500.00 ADA Lid 1235 Vaned Frame and Grate 4 EA 525.00 $2,100.00 900.00 $3,600.00 1,000.00 $4,000.00 1315 Pothole Utilities 20 EA 1,500.00 $30,000.00 750.00 $15,000.00 500.00 $10,000.00 1505 Traffic Control Labor 1,100 HR 100.00 $110,000.00 86.00 $94,600.00 75.00 $82,500.00 1510 Construction Signs Class A 800 SF 14.00 $11,200.00 42.00 $33,600.00 25.00 $20,000.00 1515 Traffic Control Supervisor 600 HR 95.00 $57,000.00 92.00 $55,200.00 90.00 $54,000.00 1520 Temporary Traffic Control Devices 1 LS 17,500.00 $17,500.00 11,500.00 $11,500.00 25,000.00 $25,000.00 1530 Portable Changeable Message Sign (PCMS) 240 DAY 80.00 $19,200.00 25.00 $6,000.00 100.00 $24,000.00 1535 Sequential Arrow Sign (SAS) 160 DAY 32.00 $5,120.00 15.00 $2,400.00 60.00 $9,600.00 1540 Permanent Signing 1 LS 40,000.00 $40,000.00 65,000.00 $65,000.00 46,000.00 $46,000.00 1545 Traffic Pylon 32 EA 200.00 $6,400.00 200.00 $6,400.00 150.00 $4,800.00 1548 Temporary Pavement Marking - Short Duration 1,740 LF 2.50 $4,350.00 0.50 $870.00 2.00 $3,480.00 1550 Profiled Plastic Skip Lane Line 1,150 LF 10.00 $11,500.00 11.00 $12,650.00 8.00 $9,200.00 1555 Profiled Plastic Two Way Left Turn Lane Line 590 LF 17.50 $10,325.00 20.00 $11,800.00 15.00 $8,850.00 Packet Pg. 137 10.A. a Rectangular Rapid Flashing Beacon 9 10 Crossing Improvements Bid Opening: January 31, 2023, 10:00 AM TITAN Earthwork Road Construction Northwest, Inc. Engineer's Estimate 1585 Valentine Avenue SE PO Box 2228 Drew Holcomb Disclaimer: These preliminary bid results are provided as a convenience to Pacific, WA 98047 Renton, WA 98056 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,303,061.00 $1,358,885.00 $1,220,005.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1560 Plastic Crosswalk Line 800 SF 12.00 $9,600.00 12.00 9,600.00 12.00 $9,600.00 1565 Plastic Stop Line (24 Inch Wide) 180 LF 20.00 $3,600.00 21.00 $3,780.00 18.00 $3,240.00 1570 Raised Pavement Marker Type 2 2 HUND 750.00 $1,500.00 800.00 $1,600.00 1,500.00 $3,000.00 1575 Profiled Plastic Yellow Edge Line 620 LF 22.00 $13,640.00 24.00 $14,880.00 8.00 $4,960.00 1650 Median Rectangular Rapid Flashing Beacon - Flasher 12 EA 5,000.00 $60,000.00 10,000.00 $120,000.00 3,000.00 $36,000.00 Onlv 1653 RRFB Post and Pedestrian Pushbutton Assembly 12 EA 4,600.00 $55,200.00 5,500.00 $66,000.00 15,000.00 $180,000.00 1655 Pedestrian Lighting 8 EA 8,500.00 $68,000.00 17,000.00 $136,000.00 15,000.00 $120,000.00 1660 Electrical Wiring and Connections 1 LS 50,000.00 $50,000.00 49,500.00 $49,500.00 25,000.00 $25,000.00 1665 Junction Box, Type 1 21 EA 1,100.00 $23,100.00 1,800.00 $37,800.00 1,100.00 $23,100.00 1670 Supply and Install 2 Inch Diameter Schedule 80 PVC 850 LF 71.00 $60,350.00 50.00 $42,500.00 25.00 $21,250.00 Conduit 1675 Sand for Conduit Bedding 50 TON 95.00 $4,750.00 36.00 $1,800.00 50.00 $2,500.00 1680 Controlled Density Fill 20 CY 420.00 $8,400.00 175.00 3,500.00 200.00 $4,000.00 1685 Service Cabinet Installation (City Provided) 3 EA 8,785.00 $26,355.00 9,000.00 $27,000.00 5,000.00 $15,000.00 1700 Inlet Protection 19 EA 120.00 $2,280.00 100.00 $1,900.00 125.00 $2,375.00 1730 ESC Lead 40 HR 145.00 $5,800.00 25.00 $1,000.00 80.00 $3,200.00 1740 SPCC Plan 1 LS 4,000.00 $4,000.00 750.00 $750.00 4,000.00 $4,000.00 1750 Street Cleaning 80 HR 175.00 $14,000.00 95.00 $7,600.00 160.00 $12,800.00 1755 Erosion/Water Pollution Control 1 FA 8,000.00 $8,000.00 8,000.00 $8,000.00 8,000.00 $8,000.00 1830 Seeding, Fertilizing, and Mulching 190 SY 23.00 $4,370.00 8.50 $1,615.00 35.00 $6,650.00 1835 Topsoil Type A 50 CY 79.00 $3,950.00 93.00 $4,650.00 65.00 $3,250.00 1990 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 CONSTRUCTION CONTRACT TOTAL $1,303,061.00 $1,358,885.00 $1,220,005.00 00 M M sZ M H z3 m C N E O i Q E C .y O i U m LL c a> E t U fC Q Packet Pg. 138 10.B KENT DATE: February 7, 2023 TO: Kent City Council SUBJECT: 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements - Award MOTION: I move to award the 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Project to Global Contractors, LLC in the amount of $1,448,693 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project includes construction of roadway and pedestrian improvements at seven Burlington Northern Santa Fe (BNSF) Railway crossings through the city. The improvements include traffic medians, curbing, fencing, signage, and necessary sidewalk reconstruction. These improvements are necessary steps to work towards completing a Railroad Quiet Zone along the BNSF tracks in Kent. The work will occur at South 212th Street, James Street, Smith Street, Meeker Street, Gowe Street, Titus Street, and South 259th Street and will enhance safety for pedestrians and vehicles at these crossings. The bid opening for the 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Project was held on January 31, 2023 with five bids received. The lowest responsible and responsive bid was submitted by Global Contractors, LLC in the amount of $1,448,693. Bid Tab Summary 01. Global Contractors, LLC $1,448,693.00 02. ICON Materials $1,542,346.50 03. Northwest Cascade, Inc. $1,795,550.00 04. TITAN Earthwork $1,911,311.00 05. Road Construction Northwest, Inc. $2,050,557.50 Engineer's Estimate $1,810,015.00 BUDGET IMPACT: Council has approved accepting a grant from the Washington State Department of Commerce for $2.95M for the work associated with this Project. Work completed prior to June 30, 2023 is eligible for reimbursement from the state, work completed starting July 1, 2023 will be funded by the City through Packet Pg. 139 10.B budgeted project funding. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. BNSF Crossing Improvements Bid Tab (PDF) Packet Pg. 140 10.B.a 2023 Railroad Quiet Zone BNSF Railroad 1 2 3 4 Crossing Improvements Bid Opening: January 31, 2023, 11:00 AM Global Contractors, LLC ICON Materials Northwest Cascade, Inc. TITAN Earthwork R 127 Mashell Avenue N., PMB 53 1508 Valentine Avenue SE PO Box 73399 1585 Valentine Avenue SE _P Disclaimer: These preliminary bid results are provided as a convenience to Eatonville, WA 98328 Pacific, WA 98047-2103 Puyallup, WA 98373 Pacific, WA 98047 c0 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. LL N TOTAL $1,448,693.00 $1,542,346.50 $1,795,550.00 $1,911,311.00 Z ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL ib NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT (D C O r SCHEDULE I: STREET 1000 Mobilization 1 LS 80,000.00 $80,000.00 115,200.00 $115,200.00 182,000.00 $182,000.00 126,144.00 $126,144.00 1005 Clearing and Grubbing 1 LS 2,500.00 $2,500.00 575.00 $575.00 27,000.00 $27,000.00 2,500.00 $2,500.00 CY 1010 Remove Existing Asphalt Concrete Pavement 3,100 SY 50.00 $155,000.00 17.50 $54,250.00 10.25 $31,775.00 25.00 $77,500.00 -p 1015 Remove Existing Cement Concrete Pavement 25 SY 100.00 $2,500.00 128.50 $3,212.50 13.00 $325.00 35.00 $875.00 R O 1020 Remove Cement Concrete Sidewalk 80 SY 70.00 $5,600.00 69.00 $5,520.00 12.25 $980.00 82.00 $6,560.00 =_ 1025 Remove Cement Concrete Curb and Gutter 110 LF 15.00 $1,650.00 49.75 $5,472.50 7.50 $825.00 23.50 $2,585.00 1026 Remove and Salvage Existing Bolt -Down 700 LF 10.00 $7,000.00 10.00 $7,000.00 9.25 $6,475.00 3.75 $2,625.00 M Curb and Pvlons to the Citv of Kent N 1030 Remove Cement Concrete Extruded Curb 980 LF 5.00 $4,900.00 15.00 $14,700.00 5.00 $4,900.00 3.00 $2,940.00 0 N 1040 Removal of Raised Pavement Markers and Painted 1 LS 43,250.00 $43,250.00 49,700.00 $49,700.00 48,500.00 $48,500.00 3,000.00 $3,000.00 and/or Thermoplastic Traffic Markings M Cl) 1045 Removal of Traffic Signs 1 LS 5,000.00 $5,000.00 345.00 $345.00 450.00 $450.00 2,500.00 $2,500.00 1050 Saw Cut Existing Asphalt Concrete Pavement 4,750 LF 1.00 $4,750.00 2.35 $11,162.50 4.00 $19,000.00 5.50 $26,125.00 1055 Saw Cut Existing Cement Concrete Pavement 50 LF 20.00 $1,000.00 2.35 $117.50 5.00 $250.00 11.00 $550.00 1060 Roadway Excavation Including Haul 50 CY 100.00 $5,000.00 105.00 $5,250.00 71.50 $3,575.00 131.00 $6,550.00 1065 Unsuitable Foundation Excavation Including Haul 10 CY 100.00 $1,000.00 170.00 $1,700.00 71.50 $715.00 121.00 $1,210.00 1075 Gravel Borrow, Including Haul and Compaction 50 TON 65.00 $3,250.00 23.00 $1,150.00 42.50 $2,125.00 69.00 $3,450.00 m 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 2,000 TON 50.00 $100,000.00 55.50 $111,000.00 48.50 $97,000.00 44.00 $88,000.00 1095 HMA Class 1/2, PG 58V-22 800 TON 210.00 $168,000.00 200.00 $160,000.00 264.00 $211,200.00 331.00 $264,800.00 1125 Detectable Warning Surface 30 SF 50.00 $1,500.00 63.25 $1,897.50 63.00 $1,890.00 92.00 $2,760.00 E 1140 Cement Concrete Driveway, 8 Inch Depth, 415 SY 100.00 $41,500.00 144.90 $60,133.50 187.00 $77,605.00 320.00 $132,800.00 O Reinforced O 1145 Cement Concrete Sidewalk 330 SY 72.00 $23,760.00 82.80 $27,324.00 104.00 $34,320.00 140.00 $46,200.00 Q 1146 Cement Concrete Sidewalk with Thickened Edge 80 SY 150.00 $12,000.00 316.25 $25,300.00 335.00 $26,800.00 227.00 $18,160.00 E 1150 Cement Concrete Non -Walking Surface 285 SY 180.00 $51,300.00 124.20 $35,397.00 145.00 $41,325.00 252.00 $71,820.00 1190 Cement Concrete Sidewalk Ramp Type Single 16 EA 2,000.00 $32,000.00 3,335.00 $53,360.00 4,900.00 $78,400.00 3,745.00 $59,920.00 Direction A y 1205 Cement Concrete Curb and Gutter 605 LF 70.00 $42,350.00 36.80 $22,264.00 53.00 $32,065.00 86.00 $52,030.00 O 1210 Yellow Painted Single -Face Reinforced Cement 1,150 LF 54.00 $62,100.00 56.00 $64,400.00 70.00 $80,500.00 90.00 $103,500.00 U Concrete Traffic Curb LL 1211 Pedestrian Curb 230 LF 40.00 $9,200.00 30.00 $6,900.00 37.00 $8,510.00 87.50 $20,125.00 Z 1213 Yellow Painted Dual -Face Reinforced Cement 1,550 LF 60.00 $93,000.00 84.50 $130,975.00 98.00 $151,900.00 90.00 $139,500.00 m Concrete Traffic Curb 1215 Adjust Existing Sanitary Sewer Cleanout to 1 EA 1,000.00 $1,000.00 345.00 $345.00 600.00 $600.00 425.00 $425.00 Finished Grade O E 1220 Adjust Existing Catch Basin Grate or Curb Inlet 1 EA 1,000.00 $1,000.00 345.00 $345.00 420.00 $420.00 500.00 $500.00 Grate to Finished Grade v 1227 Adjust Existing Manhole Cover to Finished Grade 2 EA 1,000.00 $2,000.00 345.00 $690.00 600.00 $1,200.00 625.00 $1,250.00 1230 Adjust Existing Valve Box Top Section and Lid 3 EA 500.00 $1,500.00 345.00 $1,035.00 600.00 $1,800.00 325.00 $975.00 Q to Finished Grade 1241 Non-skid Type 1 Junction Box Frame and Cover 3 EA 1,000.00 $3,000.00 1,725.00 $5,175.00 2,100.00 $6,300.00 1,500.00 $4,500.00 1245 Adjusting Existing Monument, Case and Cover 3 EA 1,000.00 $3,000.00 345.00 $1,035.00 900.00 $2,700.00 420.00 $1,260.00 to Finished Grade Pg. 1471 Packet 10.B.a 2023 Railroad Quiet Zone BNSF Railroad 1 2 3 4 Crossing Improvements Bid Opening: January 31, 2023, 11:00 AM Global Contractors, LLC ICON Materials Northwest Cascade, Inc. TITAN Earthwork 127 Mashell Avenue N., PMB 53 1508 Valentine Avenue SE PO Box 73399 1585 Valentine Avenue SE Disclaimer: These preliminary bid results are provided as a convenience to Eatonville, WA 98328 Pacific, WA 98047-2103 Puyallup, WA 98373 Pacific, WA 98047 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,448,693.00 $1,542,346.50 $1,795,550.00 $1,911,311.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1255 Remove Fence 500 LF 15.00 $7,500.00 11.50 $5,750.00 20.00 $10,000.00 18.00 $9,000.00 1256 Install New Fence 1,650 LF 56.00 $92,400.00 63.00 $103,950.00 63.00 $103,950.00 67.00 $110,550.00 1295 Handrail 10 LF 100.00 $1,000.00 580.00 $5,800.00 585.00 $5,850.00 400.00 $4,000.00 1315 Pothole Utilities 30 EA 250.00 $7,500.00 135.00 $4,050.00 700.00 $21,000.00 950.00 $28,500.00 1355 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 1505 Traffic Control Labor 1,100 HR 50.00 $55,000.00 71.00 $78,100.00 75.00 $82,500.00 100.00 $110,000.00 1510 Construction Signs Class A 300 SF 5.00 $1,500.00 9.00 $2,700.00 45.00 $13,500.00 14.00 $4,200.00 1515 Traffic Control Supervisor 600 HR 55.00 $33,000.00 78.00 $46,800.00 80.00 $48,000.00 100.00 $60,000.00 1520 Temporary Traffic Control Devices 1 LS 30,000.00 $30,000.00 4,000.00 $4,000.00 10,000.00 $10,000.00 7,500.00 $7,500.00 1525 Portable Changeable Message Sign (PCMS) 350 DAY 40.00 $14,000.00 46.00 $16,100.00 95.00 $33,250.00 98.00 $34,300.00 1530 Type III Barricade 8 EA 50.00 $400.00 5.75 $46.00 160.00 $1,280.00 225.00 $1,800.00 1535 Sequential Arrow Sign (SAS) 100 DAY 25.00 $2,500.00 27.00 $2,700.00 11.00 $1,100.00 32.00 $3,200.00 1540 Permanent Signing 1 LS 42,750.00 $42,750.00 46,000.00 $46,000.00 47,000.00 $47,000.00 20,000.00 $20,000.00 1541 Solar -Powered LED 'Do Not Stop on Tracks' Sign 14 EA 3,572.00 $50,008.00 5,577.50 $78,085.00 5,500.00 $77,000.00 7,250.00 $101,500.00 1548 Temporary Pavement Marking - Short Duration 5,000 LF 1.00 $5,000.00 0.30 $1,500.00 1.25 $6,250.00 2.00 $10,000.00 1559 Flexible Post 16 EA 175.00 $2,800.00 200.00 $3,200.00 200.00 $3,200.00 200.00 $3,200.00 1560 Traffic Pylon 33 EA 200.00 $6,600.00 230.00 $7,590.00 225.00 $7,425.00 300.00 $9,900.00 1561 Plastic Curb 50 LF 150.00 $7,500.00 172.00 $8,600.00 168.00 $8,400.00 31.00 $1,550.00 1570 Raised Pavement Marker Type 2 1 HUND 2,500.00 $2,500.00 2,875.00 $2,875.00 2,750.00 $2,750.00 760.00 $760.00 1585 Single Solid Plastic Edge Line 2,350 LF 4.50 $10,575.00 5.00 $11,750.00 5.00 $11,750.00 7.00 $16,450.00 1586 Plastic Diagonal Line 500 LF 10.00 $5,000.00 11.50 $5,750.00 11.00 $5,500.00 7.00 $3,500.00 1595 Profiled Plastic Double Yellow Center Line 350 LF 20.00 $7,000.00 23.00 $8,050.00 22.00 $7,700.00 12.00 $4,200.00 1605 Profiled Plastic Skip Lane Line 1,050 LF 5.00 $5,250.00 5.75 $6,037.50 6.00 $6,300.00 10.00 $10,500.00 1615 Plastic Crosswalk Line 140 SF 25.00 $3,500.00 28.75 $4,025.00 28.00 $3,920.00 14.00 $1,960.00 1625 Plastic Stop Line 300 LF 30.00 $9,000.00 34.50 $10,350.00 33.50 $10,050.00 12.00 $3,600.00 1630 Plastic Traffic Arrow 20 EA 125.00 $2,500.00 144.00 $2,880.00 135.00 $2,700.00 175.00 $3,500.00 1635 Plastic Traffic Letter 4 EA 200.00 $800.00 230.00 $920.00 225.00 $900.00 88.00 $352.00 1665 Plastic Railroad Crossing Symbol 20 EA 1,350.00 $27,000.00 1,550.00 $31,000.00 1,500.00 $30,000.00 450.00 $9,000.00 1700 Inlet Protection 35 EA 40.00 $1,400.00 45.00 $1,575.00 77.00 $2,695.00 120.00 $4,200.00 1740 SPCC Plan 1 LS 2,500.00 $2,500.00 172.00 $172.00 500.00 $500.00 4,950.00 $4,950.00 1750 Street Cleaning 120 HR 60.00 $7,200.00 218.00 $26,160.00 125.00 $15,000.00 200.00 $24,000.00 1755 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1830 Hand Seeding 200 SY 2.00 $400.00 7.00 $1,400.00 4.50 $900.00 6.00 $1,200.00 1835 Topsoil Type A 50 CY 150.00 $7,500.00 100.00 $5,000.00 105.00 $5,250.00 76.00 $3,800.00 CONSTRUCTION CONTRACT TOTAL $1,448,693.00 $1,542,346.50 $1,795,550.00 $1,911,311.00 R O 0' LL N Z ib O C O N CY R O i d' M N 0 N Packet Pg. 142 10.B.a 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Bid Opening: January 31, 2023, 11:00 AM Disclaimer: These preliminary bid results are provided as a convenience to contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL 5 Road Construction Northwest, Inc. PO Box 2228 Renton, WA 98056 $2,050,557.50 Engineer's Estimate Toby Hallock $1,810,015.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT SCHEDULE I: STREET 1000 Mobilization 1 LS 200,000.00 $200,000.00 127,000.00 $127,000.00 1005 Clearing and Grubbing 1 LS 23,000.00 $23,000.00 15,000.00 $15,000.00 1010 Remove Existing Asphalt Concrete Pavement 3,100 SY 5.00 $15,500.00 25.00 $77,500.00 1015 Remove Existing Cement Concrete Pavement 25 SY 46.00 $1,150.00 40.00 $1,000.00 1020 Remove Cement Concrete Sidewalk 80 SY 14.50 $1,160.00 30.00 $2,400.00 1025 Remove Cement Concrete Curb and Gutter 110 LF 12.50 $1,375.00 15.00 $1,650.00 1026 Remove and Salvage Existing Bolt -Down 700 LF 11.00 $7,700.00 30.00 $21,000.00 Curb and Pvlons to the Citv of Kent 1030 Remove Cement Concrete Extruded Curb 980 LF 9.50 $9,310.00 15.00 $14,700.00 1040 Removal of Raised Pavement Markers and Painted 1 LS 85,000.00 $85,000.00 10,000.00 $10,000.00 and/or Thermoplastic Traffic Markinos 1045 Removal of Traffic Signs 1 LS 1,200.00 $1,200.00 7,000.00 $7,000.00 1050 Saw Cut Existing Asphalt Concrete Pavement 4,750 LF 5.00 $23,750.00 7.00 $33,250.00 1055 Saw Cut Existing Cement Concrete Pavement 50 LF 21.00 $1,050.00 7.00 $350.00 1060 Roadway Excavation Including Haul 50 CY 125.00 $6,250.00 100.00 $5,000.00 1065 Unsuitable Foundation Excavation Including Haul 10 CY 66.00 $660.00 100.00 $1,000.00 1075 Gravel Borrow, Including Haul and Compaction 50 TON 52.25 $2,612.50 50.00 $2,500.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 2,000 TON 24.00 $48,000.00 60.00 $120,000.00 1095 HMA Class 1/2, PG 58V-22 800 TON 215.00 $172,000.00 220.00 $176,000.00 1125 Detectable Warning Surface 30 SF 85.00 $2,550.00 100.00 $3,000.00 1140 Cement Concrete Driveway, 8 Inch Depth, 415 SY 240.00 $99,600.00 130.00 $53,950.00 Reinforced 1145 Cement Concrete Sidewalk 330 SY 101.00 $33,330.00 90.00 $29,700.00 1146 Cement Concrete Sidewalk with Thickened Edge 80 SY 148.00 $11,840.00 200.00 $16,000.00 1150 Cement Concrete Non -Walking Surface 285 SY 350.00 $99,750.00 150.00 $42,750.00 1190 Cement Concrete Sidewalk Ramp Type Single 16 EA 6,250.00 $100,000.00 3,000.00 $48,000.00 Direction A 1205 Cement Concrete Curb and Gutter 605 LF 63.00 $38,115.00 45.00 $27,225.00 1210 Yellow Painted Single -Face Reinforced Cement 1,150 LF 84.00 $96,600.00 75.00 $86,250.00 Concrete Traffic Curb 1211 Pedestrian Curb 230 LF 47.00 $10,810.00 35.00 $8,050.00 1213 Yellow Painted Dual -Face Reinforced Cement 1,550 LF 97.00 $150,350.00 80.00 $124,000.00 Concrete Traffic Curb 1215 Adjust Existing Sanitary Sewer Cleanout to 1 EA 675.00 $675.00 700.00 $700.00 Finished Grade 1220 Adjust Existing Catch Basin Grate or Curb Inlet 1 EA 1,100.00 $1,100.00 1,200.00 $1,200.00 Grate to Finished Grade 1227 Adjust Existing Manhole Cover to Finished Grade 2 EA 1,100.00 $2,200.00 950.00 $1,900.00 1230 Adjust Existing Valve Box Top Section and Lid 3 EA 675.00 $2,025.00 700.00 $2,100.00 to Finished Grade 1241 Non-skid Type 1 Junction Box Frame and Cover 3 EA 2,000.00 $6,000.00 1,500.00 $4,500.00 1245 Adjusting Existing Monument, Case and Cover 3 EA 675.00 $2,025.00 700.00 $2,100.00 to Finished Grade R O LL N Z m O C O N r O CY ZZ R O i d' M N 0 N Packet Pg. 143 10.B.a 2023 Railroad Quiet Zone BNSF Railroad 5 Crossing Improvements Bid Opening: January 31, 2023, 11:00 AM Road Construction Northwest, Inc. Engineer's Estimate PO Box 2228 Toby Hallock Disclaimer: These preliminary bid results are provided as a convenience to Renton, WA 98056 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $2,050,557.50 $1,810,015.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT 1255 Remove Fence 500 LF 10.00 $5,000.00 20.00 $10,000.00 1256 Install New Fence 1,650 LF 75.00 $123,750.00 90.00 $148,500.00 1295 Handrail 10 LF 500.00 $5,000.00 200.00 $2,000.00 1315 Pothole Utilities 30 EA 780.00 $23,400.00 1,000.00 $30,000.00 1355 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 1505 Traffic Control Labor 1,100 HR 86.00 $94,600.00 90.00 $99,000.00 1510 Construction Signs Class A 300 SF 45.00 $13,500.00 25.00 $7,500.00 1515 Traffic Control Supervisor 600 HR 90.00 $54,000.00 120.00 $72,000.00 1520 Temporary Traffic Control Devices 1 LS 17,500.00 $17,500.00 80,000.00 $80,000.00 1525 Portable Changeable Message Sign (PCMS) 350 DAY 25.00 $8,750.00 100.00 $35,000.00 1530 Type III Barricade 8 EA 250.00 $2,000.00 1,500.00 $12,000.00 1535 Sequential Arrow Sign (SAS) 100 DAY 15.00 $1,500.00 60.00 $6,000.00 1540 Permanent Signing 1 LS 80,000.00 $80,000.00 40,000.00 $40,000.00 1541 Solar -Powered LED 'Do Not Stop on Tracks' Sign 14 EA 13,000.00 $182,000.00 3,000.00 $42,000.00 1548 Temporary Pavement Marking - Short Duration 5,000 LF 1.00 $5,000.00 1.00 $5,000.00 1559 Flexible Post 16 EA 200.00 $3,200.00 100.00 $1,600.00 1560 Traffic Pylon 33 EA 200.00 $6,600.00 120.00 $3,960.00 1561 Plastic Curb 50 LF 265.00 $13,250.00 200.00 $10,000.00 1570 Raised Pavement Marker Type 2 1 HUND 2,650.00 $2,650.00 2,000.00 $2,000.00 1585 Single Solid Plastic Edge Line 2,350 LF 6.00 $14,100.00 6.00 $14,100.00 1586 Plastic Diagonal Line 500 LF 13.00 $6,500.00 8.00 $4,000.00 1595 Profiled Plastic Double Yellow Center Line 350 LF 26.50 $9,275.00 20.00 $7,000.00 1605 Profiled Plastic Skip Lane Line 1,050 LF 6.50 $6,825.00 6.00 $6,300.00 1615 Plastic Crosswalk Line 140 SF 33.00 $4,620.00 12.00 $1,680.00 1625 Plastic Stop Line 300 LF 40.00 $12,000.00 18.00 $5,400.00 1630 Plastic Traffic Arrow 20 EA 165.00 $3,300.00 250.00 $5,000.00 1635 Plastic Traffic Letter 4 EA 275.00 $1,100.00 1,500.00 $6,000.00 1665 Plastic Railroad Crossing Symbol 20 EA 2,200.00 $44,000.00 1,000.00 $20,000.00 1700 Inlet Protection 35 EA 100.00 $3,500.00 100.00 $3,500.00 1740 SPCC Plan 1 LS 750.00 $750.00 4,000.00 $4,000.00 1750 Street Cleaning 120 HR 95.00 $11,400.00 160.00 $19,200.00 1755 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 1830 Hand Seeding 200 SY 24.00 $4,800.00 50.00 $10,000.00 1835 Topsoil Type A 50 CY 70.00 $3,500.00 80.00 $4,000.00 CONSTRUCTION CONTRACT TOTAL $2,050,557.50 $1,810,015.00 R O LL N Z m O C O N CY ZZ R O i D' M N 0 N Packet Pg. 144