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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/06/2023 (2)Public Works Committee • Monday, February 6, 2023 KEN T 4: 00 PM WASHINGTON Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 811 5975 3938, Passcode: 605379 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Approval of Minutes A. Approval of January 9, 2023 YES Chair 01 MIN. Minutes 5. Business Chair A. 2023 Recycling Events YES Tony Donati 05 MIN. Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize B. Washington State Salmon YES Rowena Valencia-Gica 10 MIN. Recovery Funding Board Grant Application - Authorize C. Puget Sound Regional YES David Paine 05 MIN. Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize D. Puget Sound Regional YES David Paine 05 MIN. Council, King County Competition Grant for East Public Works Committee CC PW Regular Meeting February 6, 2023 Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize E. Speed Limit Changes - YES Erik Preston 05 MIN. Adopt F. INFO ONLY: Neighborhood NO Erik Preston 10 MIN. Parking Restrictions G. INFO ONLY: Residental NO Honey Maria 10 MIN. Traffic Calming Program Update 6. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Nancy Yoshitake at 253-856-5508 or email Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth(a)kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4.A KENT W ..... Date: January 9, 2023 Time: 5:00 p.m. Place: Chambers Members: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: 1. Call to Order 5:00 p.m. 2. Roll Call Pending Approval Public Works Committee CC PW Special Meeting Minutes January 9, 2023 Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present 3. Agenda Approval 4. Business A. Approval of Minutes Approval of Minutes dated December 5, 2022 The minutes of the December 5, 2022 Public Works Committee meeting were approved without changes. MOTION: Move to approve the Minutes dated December 5, 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer B. 2023 Railroad Quiet Zone - BNSF Railway Agreements - Authorize Design Engineer Toby Hallock noted that the 2023 Railroad Quiet Zone Project ("Project") includes work to support future railroad Quiet Zones and grade crossing safety improvements at up to 13 railroad crossings. Eight of these crossings are located across the Burlington Northern Santa Fe (BNSF) tracks. In addition, the Project will add security fencing at select locations along the BNSF tracks between South 212th Street and South 259th Street. Hallock further noted that in order to complete the Project, the City must enter into agreements with the BNSF Railway for the construction and a Page I of 4 Packet Pg. 3 4.A Public Works Committee CC PW Special Meeting Minutes January 9, 2023 Kent, Washington maintenance of the Project improvements. These agreements will include: a Grade Crossing Construction and Maintenance Agreement for all crossings and a separate lease agreement for the installation and maintenance of fencing along the tracks on BNSF property. MOTION: I move to authorize the Mayor to sign all necessary agreements with Burlington Northern Santa Fe Railway related to the construction and maintenance of the 2023 Railroad Quiet Zone Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SER ULT: MOVER: SECONDER: AYES: Next: 1/17/2023 7:00 PM C. Meeker Street Bridge Consultant Agreement with TranTech Engineering, LLC - Authorize MOTION PASSES [UNANIMOUS] Satwinder Kaur, Councilmember Marli Larimer, Councilmember Fincher, Kaur, Larimer Design Engineer Stephen Lincoln noted that the Meeker Street Bridge, which was constructed in 1958, requires repainting, deck resurfacing, and related repairs. The City has been authorized to receive up to $4,484,300 via two Federal grants to plan and execute this work. Lincoln stated that TranTech Engineering was selected to provide consultant services to the City. They will develop and design plans, specifications, and cost estimates for the bridge repainting and deck resurfacing. These services will include structural and loading analyses, design of paint containment and work platforms for the bridge, lead paint analysis and remediation design, design of structural steel spot repairs, and deck pavement design. Once the plans are finalized and the project is advertised for bids, TranTech will also provide bid support services. 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. RESULT: MOTION PASSES [UNANIMOUS] Next: 1/17/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer D. King County Waste Reduction & Recycling (WRR) Grant Agreement - Authorize Conservation Coordinator Tony Donati noted that the King County Waste Reduction and Recycling grant is primarily used to fund the City's residential Q Page 2 of 4 Packet Pg. 4 4.A Public Works Committee CC PW Special Meeting Minutes January 9, 2023 Kent, Washington recycling collection events at no additional cost to residents. These events provide responsible ways for residents to dispose of hard -to -recycle materials including but not limited to appliances, mattresses, Styrofoam, bulky yard debris, concrete, and tires. Making these events free to the public provides access for more residents to participate. Donati stated that this grant will also fund other waste reduction programs, activities, and education to Kent residents and City staff including translation of solid waste communication materials, social media campaigns, the purchase of compostable materials, and disposal costs for hard -to -recycle materials. 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 Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 1/17/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer E. INFO ONLY: Water Resource Inventory Area (WRIA) 9 Notice of Intent to apply for grant funding Environmental Manager Mike Mactutis noted that the Green/Duwamish and Central Puget Sound Watershed is included in Water Resource Inventory Area (WRIA) 9, which through a Technical Implementation Committee, Management Committee and Forum, facilitates planning, analysis, and funding of salmon recovery in the Green River Watershed. Annually, the WRIA publishes Notices of Intent to Apply for projects to receive grant funding from various state and local programs. Grant applications are reviewed and approved by the WRIA. One of the projects in the Salmon Habitat Plan is located in Kent, the Boeing Levee Restoration. This reach of river is located on the right bank (looking downstream) between South 212t" Street and South 200t" Street. The City owns properties along the Boeing Levee that were dedicated to serve a combination of recreation, natural resources, and flood protection. Mactutis noted that staff is preparing a Notice of Intent to Apply for funding to prepare a feasibility study to make improvements to this river reach. The project would include salmon habitat and recreation elements, and it would allow for future levee improvements that would provide protection from a 500-year flood event on the Green River. Q Page 3 of 4 Packet Pg. 5 4.A Public Works Committee CC PW Special Meeting Minutes S. Adjournment 5:25 p.m. ch'e4'ybvi Committee Secretary January 9, 2023 Kent, Washington Q Page 4 of 4 Packet Pg. 6 5.A • 4^4� KENT WASH NGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: 2023 Recycling Events Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize MOTION: Move to authorize the Mayor to sign the Goods & Services Agreement with Olympic Environmental Resources, Inc. in the amount of $157,700 for operating the 2023 residential recycling collection events, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: In 2023, the City will host three large and four mini residential recycling collection events at no charge to attendees. To successfully operate the events, the City uses a consultant with proven experience to staff and contract with various recycling vendors for specialty items that are difficult to recycle. These events, which have been and continue to be funded by grants, have been very successful for the community. In December 2022 and January 2023, staff advertised a Request for Proposals for a recycling event consultant to contract with vendors, provide staffing, and manage event operations for each recycle collection event in 2023. Staff recommends contracting with Olympic Environmental Resources to perform these duties BUDGET IMPACT: This contract is fully grant funded and will be paid for by King County's Waste Reduction & Recycling (WRR) and Hazardous Waste Management Program (HWMP) grants, and the Department of Ecology's Local Solid Waste Financial Assistance (LSWFA) grant. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: Packet Pg. 7 5.A 1. Agreement (PDF) Packet Pg. 8 5.A.a KENT WISHING-1 GOODS & SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262, Contact: Paul Devine (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall assist with the City's 2023 Recycling Events. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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. 0 M II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by November 1, 2023. E III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred a Fifty -Seven Thousand, Seven Hundred Dollars ($157,700.00), including applicable Washington State Sales a Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: E r The Vendor shall be paid after execution of agreement and submittal of invoice for services Q provided. Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) Packet Pg. 9 5.A.a If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. 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 m E. The Vendor has registered its business and established an account with the state T Department of Revenue and other state agencies as may be required by the Vendor's a business and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E F. The Vendor maintains a set of books dedicated to the expenses and earnings of its r business. Q V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Packet Pg. 10 5.A.a performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their 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. r a VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) Packet Pg. 11 5.A.a At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate 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 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 r a GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) Packet Pg. 12 5.A.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 u, Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. a r c XV. MISCELLANEOUS PROVISIONS. t A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its r contractors and consultants to use recycled and recyclable products whenever practicable. A price Q preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) Packet Pg. 13 5.A.a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, 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 Iq subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. a) E m J. City Business License Required. Prior to commencing the tasks described in Section I, aM Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. m E R r a GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) Packet Pg. 14 5.A.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: Print Name: Its DATE: NOTICES TO BE SENT TO: VENDOR: Paul Devine Olympic Environmental Resources, Inc. 4715 SW Walker Street Seattle, WA 98116 (206) 938-8262 (telephone) N/A (facsimile) CITY OF KENT: By: Print Name: Dana Ralph Its DATE: NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk r a GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) Packet Pg. 15 5.A.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: EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 16 a 5.A.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, a EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 17 5.A.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; Q EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 18 5.A.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: r a EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 19 5.A.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE SUBJECT: INCLUSIVE CONTRACTING POLICY: October 20, 2022 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 o nondiscrimination and equal opportunity requirements shall be considered in breach of contract M and subject to suspension or termination for all or part of the Agreement. a� Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public E Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. a 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity r policy. Q 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 20 EXHIBIT A 5.A.a City of Kent 2023 Recycling Proposal for Recycling Events Prepared by Olympic Environmental Resources Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides service for many City recycling programs in the Puget Sound area. For many years, OER General Manager Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs and grant administration and reporting functions and has spent years fostering relationships with program subcontractors. These relationships will support seamless management and implementation of Kent programs in 2023. OER has the project staff and vendors in place to carry out immediate management and implementation of Kent recycling events. Residential Recycling Collection Events OER staff has successfully managed fifty (50) recycling collection events in the City of Kent. From 1993 through 2015, these events provided recycling options to 43,690 Kent residents and resulted in the proper recycling of 9,557,679 pounds of material diverted from the Kent waste stream. Qualifications of Project Staff Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his work in the recycling industry he has developed good working relationships with area haulers, local recyclers and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has maintained all grant administration functions for all project work and has the vendors and contacts in place to implement programs without interruption. Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle University in 1990. OER Kent Recycling Proposal 2 January 9, 2023 a Packet Pg. 21 EXHIBIT A Recycling Project Staffing and Management 5.A.a OER shall provide adequately -trained staff for all Kent Recycling Collection Events. OER staff is experienced and familiar with these events and very customer -service oriented. A sufficient number of OER staff shall be present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent event with the following staff: Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in all aspects of collection event management and has acted in every working capacity at events. Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day. Karl Ruediger, Daniel Devine, and Kellin Ramage will work for OER as Event Coordinators. Karl, Daniel, and Kellin have all worked at Kent events in the past on both residential and business events. All Event Coordinators are experienced working with event subcontractors and implementing events. All are experienced and skilled in assisting the event participants and providing information on reducing waste, reusing materials and recycling. Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and direct participants to materials collection stations. Greeters shall distribute educational materials and promotional items as requested by the City. Henry Rance, Zach Montejano, and William Jackson have worked with OER for many years. All are experienced at greeting event participants, directing event traffic, providing educational materials, passing out promotional items and tallying the number of participants that attend the events. All are experienced and skilled at making participants feel welcome to events while giving event directions and relaying important safety information Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, and Immanuel Holder will work as traffic control staff for OER. All are experienced in working events and have worked with OER for a number of years. In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil, batteries, tires, household goods, scrap metal and electronics. a OER Kent Recycling Proposal 3 January 9, 2023 Packet Pg. 22 EXHIBIT A Recycling -related Projects Completed for Other Agencies Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event management, environmental education programs and compost bin and rain barrel sale management. OER staff has over thirty years of recycling collection event and recycling project management experience. In 2023- 24, OER staff will implement over one hundred (100) residential recycling collection events, paint recycling events, and compost/worm bin and rain barrel sales. OER has provided event management services for: City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Issaquah City of Kent City of Lake Forest Park City of Mercer Island City of Newcastle City of Pacific City of Sammamish King County Solid Waste Division Town of Skykomish Washington Materials Management & Financing Authority Client References Ms. Shellie Bates Program Supervisor City of Covington 16720 SE 271st Street, Suite 100 Covington, WA 98042 (253) 480-2463 Email: sbates@covingtonwa.gov Ms. Cheri James Administrative Assistant II City of Auburn P.O. Box 1300 Auburn, WA 98019 (425) 788-1185 Email: cheri.james@duvallwa.gov Ms. Laura Techico, AICP Principal Planner City of Des Moines 21630 11th Avenue South, Suite D Des Moines, WA 98198-6398 (206) 870-6595 Email: Itechico@desmoineswa.gov OER Kent Recycling Proposal City of Bellevue City of Carnation City of Duvall City of Kenmore City of Maple Valley City of Normandy Park City of Tukwila January 9, 2023 Q Packet Pg. 23 EXHIBIT A 5.A.a City of Kent 2023 Recycling Event Budget Three citywide Recycling Events to be held on March 4, 2023, June 3, 2023, and October 14, 2023. Hours will be9amto3pm. City-wide residential recycling collection events - three Spring Summer Fall Items Cost Items Cost Items Cost Total Refrigerators - unit cost $35 each $3,200.00 Refrigerators $2,700.00 Refrigerators $3,800.00 $9,700.00 Air Conditioners - unit cost $35 each $1,680.00 Air Conditioners $1,300.00 Air Conditioners $3,200.00 $6,180.00 Water Heaters - unit cost $5 each $150.00 Water Heaters $80.00 Water Heaters $90.00 $320.00 Mini Propane Tanks - unit cost $1 each $220.00 Mini Propane Tanks $200.00 Mini Propane Tanks $100.00 $520.00 5-Gallon Propane Tanks - unit cost $5 ea $295.00 5-Gallon Propane Tani, $400.00 5-Gallon Propane Tar $200.00 $895.00 Toilets & Sinks - unit cost $15 each $1,155.00 Toilets & Sinks $1,300.00 Toilets & Sinks $1,000.00 $3,455.00 Mattresses - unit cost $30 each $8,995.00 Mattresses $6,510.00 Mattresses $7,000.00 $229505.00 Collection Services Tires $3,000.00 Tires Not Acce ted Tires $3,500.00 $6,500.00 Scrap Metal/Electronics $3,500.00 Scrap Metal/Electronic $3,500.00 Scrap Metal/Electrons $3,500.00 $10,500.00 Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00 Styrofoam $1,300.00 Styrofoam $1,300.00 Styrofoam $1,300.00 $37900.00 Bulky Wood $1,500.00 Bulky Wood $1,500.00 Bulky Wood Not Acce to $37000.00 Concrete Not Acce to Concrete $4,500.00 Concrete $6,000.00 $107500.00 Paper Shredding $600.00 Paper Shredding $600.00 Paper Shredding $600.00 $1,800.00 Batteries $2,000.00 Batteries Not Accepted Batteries $2,000.00 $4,000.00 Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00 Paint Not Accepted Paint Not Accepted Paint $0.00 $0.00- Management Services Event Staff $4,500.00 Event Staff $4,500.00 Event Staff $4,500.00 $137500.00 Event Management $8,800.00 Event Management $8,800.00 Event Management $8,800.00 $267400.00 Other Rentals $200.00 Rentals $200.00 Rentals $200.00 $600.00 Supplies $350.00 Supplies $350.00 Supplies $350.00 $1,050.00 Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00 Contingecy fee for unexpected cost $2,000.00 $2,000.00 $2,000.00 $6,000.00 Subtotal $439995.00 Subtotal $40,315.00 Subtotal $487690.00 TOTAL I I 1 1 $133,000.90 Four mini Recycling Events to be held on Fridays in the Spring and Summer. Hours will be 9 am to noon or 1 pm to 4 pm. City Mini recycling collection events - four Items Cost Per Event Total for four Events Collection Services Scrap Metal/Electronics $500.00 $2,000.00 Paper Shredding $600.00 $2,400.00 Textiles $0.00 $0.00 Paint $0.00 $0.00 Management Services Event Staff $1,200.00 $4,800.00 Event Management $2,900.00 $11,600.00 Other Rentals $200.00 $800.00 Supplies $125.00 $500.00 Mileage $150.00 $600.00 Contingecy fee for unexpected cost increases $500.00 $2,000.00 Subtotal $6,175.00 TOTAL $24,700.00 TOTAL BUDGET: $157,700.00 r a OER Kent Recycling Proposal 5 January 9, 2023 Packet Pg. 24 EXHIBIT A Hourly Rates for Event Management and Staff 5.A.a Project Manager $80.00 Recycling Specialist $65.00 Recycling Event Staff $65.00 City of Kent 2023 Recycling Proposal: Work Samples Recycling Collection Events OER managed: spring, summer, fall (see flyers these projects attached) OER Kent Recycling Proposal January 9, 2023 r a Packet Pg. 25 5.A.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: aD 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products -completed operations a aggregate limit. a� C. Other Insurance Provisions w The insurance policies are to contain, or be endorsed to contain, the following Q provisions for Commercial General Liability insurance: The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Packet Pg. 26 5.A.a EXHIBIT B (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor'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 Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. r a Packet Pg. 27 5.B • KENT WASHINGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Washington State Salmon Recovery Funding Board Grant Application - Authorize MOTION: Move to adopt a Resolution authorizing the submission of an application for grant funding from the Washington State Salmon Recovery Funding Board, in the amount of $255,319, for the Boeing Levee Setback Habitat Rehabilitation Project. SUMMARY: The Washington State Salmon Recovery Funding Board grant program provides funding to local jurisdictions to protect and restore salmon habitat through projects like the Boeing Levee Setback Habitat Rehabilitation Project, identified as Project LG-10 in the 2021 Salmon Habitat Plan Update. If the City is selected, grant funds would be used to conduct a feasibility study for the construction of the Boeing Levee Setback Habitat project. The feasibility study would include preliminary environmental studies, development of preliminary alternatives which will balance uses and functions of this stretch of river. The uses include, but are not limited to, habitat, recreation, flood protection and social equity. This project will benefit salmon by improving habitat in the Lower Green River, while also balancing habitat, flood protection, and recreation on the site. The Boeing Levee is located along the right (east) bank of the Green River between S 200t" St. and S 212t" St; it is approximately 0.8 miles in length and 200 feet in width. It is located immediately downstream from the Lower Russell Levee Habitat Improvements, which are already providing benefit to salmon in the Lower Green. The biggest limiting factor for salmonid productivity and population growth in the Green River is a lack of suitable habitat for fry. The lack of habitat pushes fry to migrate to the Puget Sound prior to obtaining adequate growth, dramatically reducing the chance of survival. The project will also improve floodplain storage. This grant program requires the City to pass a resolution authorizing the submission of the application for funding. Packet Pg. 28 5.6 BUDGET IMPACT: To be determined based on potential grant award. Grant matching funds would come from the Drainage Utility Fund. Any grant award would be presented to the Public Works Committee and City Council for action. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Boeing Levee -Application Resolution+Authorization - 2.2.23 (PDF) Packet Pg. 29 5.B.a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office as provided for in Chapter 77.85 of the Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City's authorized representatives for purposes of securing the grant and binding the City to the grant's terms and conditions. RECITALS A. The City of Kent is working on the Boeing Levee Setback Habitat Rehabilitation Project, PRISM Number 23-1052. B. The City of Kent considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through the Washington Recreation and Conservation Office to aid in financing the cost of those projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 30 5.B.a RESOLUTION SECTION 1. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office ("Office") for the Boeing Levee Setback Habitat Rehabilitation Project, PRISM Number 23-1052 ("Project"). SECTION 2. - Authorized Representatives. The City authorizes the following person or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: Grant Docurnent Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) Office Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Name of Signatory or Title o Person Authorized to Sign Rowena Valencia-Gica, Environmental Supervisor Dana Ralph, Mayor Dana Ralph, Mayor Dana Ralph, Mayor The above persons are considered an ANauthorized representative(s)/agent(s)" for purposes of the documents indicated. The City shall comply with a request from the Office to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. - Grant Agreement. The City has reviewed the sample Grant Agreement on the Office's WEB SITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will 2 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 31 5.B.a contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the representative/agent enters into an Agreement on the City's behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION 4. - Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with the Office is purely voluntary on the City's part. SECTION 6. - Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. - Revisions to Agreement. The City further understands that prior to the City's authorized representative(s)/agent(s) executing any of the documents listed above, the Office may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City's authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City's authorized rep resentative(s)/agent(s) executes 3 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 32 5.B.a the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City's authorization. SECTION S. - Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. - Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, The City understands it is responsible for supporting all non -cash matching share commitments to these projects should they not materialize. SECTION 10. - Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pays them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. - Property Dedication for Development, Renovation Enhancement, and Restoration Proiects. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. SECTION 12. - Conflicts. The City certifies the following: The Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 4 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 33 5.B.a SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. SECTION 14. - Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 15. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. DANA RALPH, MAYOR ATTEST: Date Approved KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY 5 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 34 5.0 • KENT WASHINGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Puget Sound Regional Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize MOTION: Authorize the Mayor to accept grant funds from the Puget Sound Regional Council's Regional Grant for the Meet Me on Meeker - Thompson Ave to Interurban Trail, in the amount of $4,757,500, amend the budget, authorize the expenditure of the grant funds accordingly, authorize the expenditure of up to $1,342,500 in local matching funds from the B&O fund, 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 Puget Sound Regional Council (PSRC) issues a merit -based project selection process as part of the Regional Transportation Improvement Program every two years. At the start of each funding cycle, PSRC adopts a Policy Framework to guide selection of projects which support the region's growth strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's federal funds has been to support the development of centers and the corridors that serve them. The project selection process includes four countywide and one regional forum responsible for coordinating the competitions and recommending projects to the PSRC Transportation Policy Board, which includes representatives of member jurisdictions from across the region. In March 2022, the City applied to PSRC for design and construction funds for improvements on Meeker Street between Thompson Avenue and the Interurban Trail. The project will add a two-way bike facility on West Meeker Street, enhanced pedestrian crossing facilities, and a compact roundabout at the intersection with Lincoln Avenue. The project will be built to the Meet Me on Meeker Street design standards adopted in 2016 through extensive public engagement. The improvements will support the link between neighborhoods and downtown Kent, and transportation users of all modes with pedestrian crossing facilities, lighting, and separated bicycle facilities. The project is estimated to cost $6,100,000, including a local match of 20% ($1,342,500) with design work to begin in October 2024. Staff proposes the required matching funds be paid from B&O funds. Packet Pg. 35 5.0 BUDGET IMPACT: Estimated budget impact is $724,500 from B&O funds to match Federal grant funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Meet Me on Meeker Award Letter (PDF) Packet Pg. 36 5.C.1 ruget Sound November 10, 2022 Regional Council 1011 WESTERN AVENUE, SUfrE 500 SFATTI_E, WA 98104.1035 psrc.%g ''_ 206 464 7090 The Honorable Dana Ralph City of Kent 220 Fourth Avenue S Kent, WA 98032 Dear Mayor alph: Congratulations! I'm pleased to let you know that the City of Kent is receiving $6,157,500 in PSRC funding for the following projects: PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE East Valley Highway Preservation (84th Ave South from S 212th St to S 196th St)$1,400,000 FHWA June 1, 2025 Meet Me on Meeker - Thompson Ave to Interurban Trail $4,757,500 FHWA June 1, 2025 The projects are part of a $5.4 billion Regional Transportation Improvement Program for 2023-2026 that was adopted by PSRC's Executive Board in October. Final approval by the Governor and federal funding agencies is expected in early 2023. This program includes a wide variety of investments over the next four years, addressing the needs of transit, state and local roadways, bicycle and pedestrian facilities, maintenance and preservation, and others. Your projects performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. Thank you and your team for continuing to provide essential services to your community throughout the pandemic. I look forward to continuing to partner with you on efforts to help the region thrive for the long term. Sincerely, JI ` Josh Brown Gam^ Executive Director, Puget Sound Regional Council r I cc: Chad Bieren, Public Works Director Packet Pg. 37 5.D • KENT WASHINGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: Puget Sound Regional Council, King County Competition Grant for East Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize MOTION: Authorize the Mayor to sign agreements with the Washington State Department of Transportation to accept federal grant funds for the East Valley Highway Preservation (841" Avenue South from S 212t" St. to S 196t" St.) project in the amount of $1,400,000; amend the budget; authorize the expenditure of the grant funds accordingly; authorize the expenditure of up to $1,445,000 in local matching funds from the Street Fund; and authorize the Mayor to sign all necessary documents to complete the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Puget Sound Regional Council (PSRC) issues a merit -based project selection process as part of the Regional Transportation Improvement Program every two years. At the start of each funding cycle, PSRC adopts a Policy Framework to guide selection of projects, which support the region's growth strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's federal funds has been to support the development of centers and the corridors that serve them. The project selection process includes four countywide and one regional forum responsible for coordinating the competitions and recommending projects to the PSRC Transportation Policy Board, with representatives of member jurisdictions from across the region. The King County forum has a category specific to roadway preservation projects. In March 2022, the City applied to PSRC for design and construction funds for preservation improvements on East Valley Highway (84th Avenue South) between S 212th Street and S 196th Street. The project includes grinding, replacement of failing pavement sections, and a full -width asphalt concrete pavement overlay. Curb ramps and pedestrian push buttons will be evaluated and upgraded as needed. The project is estimated to cost $2,845,000, including a local match of approximately 50% ($1,445,000) with design work to begin in October 2024. Staff proposes the required matching funds be paid from the Street Fund. Packet Pg. 38 5.D BUDGET IMPACT: Estimated budget impact is $1,445,000 from the Street Fund to match Federal funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Grant Award Letter EVH (PDF) Packet Pg. 39 5.D.a ruget Sound November 10, 2022 Regional Council 1011 WESTERN AVENUE, SUfrE 500 SFATTI_E, WA 98104.1035 psrc.%g ''_ 206 464 7090 The Honorable Dana Ralph City of Kent 220 Fourth Avenue S Kent, WA 98032 Dear Mayor alph: Congratulations! I'm pleased to let you know that the City of Kent is receiving $6,157,500 in PSRC funding for the following projects: PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE East Valley Highway Preservation (84th Ave South from S 212th St to S 196th St)$1,400,000 FHWA June 1, 2025 Meet Me on Meeker - Thompson Ave to Interurban Trail $4,757,500 FHWA June 1, 2025 The projects are part of a $5.4 billion Regional Transportation Improvement Program for 2023-2026 that was adopted by PSRC's Executive Board in October. Final approval by the Governor and federal funding agencies is expected in early 2023. This program includes a wide variety of investments over the next four years, addressing the needs of transit, state and local roadways, bicycle and pedestrian facilities, maintenance and preservation, and others. Your projects performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. Thank you and your team for continuing to provide essential services to your community throughout the pandemic. I look forward to continuing to partner with you on efforts to help the region thrive for the long term. Sincerely, JI ` Josh Brown Gam^ Executive Director, Puget Sound Regional Council r I cc: Chad Bieren, Public Works Director Packet Pg. 40 5.E • 4^4� KENT WASH NGTON DATE: February 6, 2023 TO: Public Works Committee SUBJECT: Speed Limit Changes - Adopt PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 MOTION: I move to repeal Resolution No. 2049 and adopt a new Resolution updating the reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. SUMMARY: This Resolution updates the maximum speed limits, currently established in Resolution 2049, under the authority of the City Traffic Engineer established in chapter 9.36 of the Kent City Code. This chapter of the City code adopts the Model Traffic Ordinance found in chapter 308-330 of the Washington Administrative Code. Specifically, maximum safe speed limits were updated in several locations after recent engineering and traffic investigation. Changes to the speed limits on state routes must also be approved by the Washington State Department of Transportation (WSDOT). The following changes are proposed in this Resolution: Lake Fenwick Road (Reith Rd to S 272 St) - Reduce from 35 to 30 mph. Pacific Hwy S/SR 99 (SR 516 to S 272 St) - Reduce from 45 to 40 mph. SE 260 St - 108 Ave SE (97 PI S to SR 516) - Reduce from 35 to 30 mph. • SE 264 St (104 Ave SE to 108 Ave SE) - Reduce from 35 to 25 mph. BUDGET IMPACT: None. All changes to signage handled within existing budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 41 5.E ATTACHMENTS: 1. Speed Limit ResoIution_2023_Draft (PDF) Packet Pg. 42 5.E.a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 2049 and adopting updated reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. Chapters 9.36 and 9.40 of the Kent City Code (KCC) adopt by reference the Washington Model Traffic Ordinance set forth in Chapter 308- 330 Washington Administrative Code (WAC). B. The Washington Model Traffic Ordinance and RCW 46.61.415 set forth the procedure for local authorities to determine and declare the maximum speed limits on city arterials, streets, and other rights -of -way, based on an engineering and traffic investigation by the traffic engineer. Following this engineering and traffic investigation, the City may establish limits on certain designated streets by resolution. C. Previously, Resolution No. 2049 established the maximum speed limits on certain designated streets in the City. Now, as a result of a subsequent engineering and traffic investigation, the City Council desires to update and amend the list of speed limits set forth in Resolution No. 2049. 1 Resolution - Vehicular Speed Limits Packet Pg. 43 5.E.a D. Accordingly, this resolution repeals Resolution No. 2049 and makes the following updates. The maximum speed limits were reduced in several locations due to recent engineering studies and traffic investigations, and changes in surrounding land -use context, including consultation with the Washington State Department of Transportation on state routes where applicable. Additionally, one section of roadway was removed from the list of speed limits because the speed was reduced to the default speed limit of 25 miles per hour (mph). Streets within the City of Kent that are not listed in this Resolution default to 25 mph per RCW 46.61.400(2)(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. Resolution No. 2049 relating to vehicular speed limits is hereby repealed in its entirety. SECTION 2. - Adopt. The City Council hereby adopts the Reasonable and Safe Maximum Speed Limits on Certain Streets, Highways, or other Rights -of -Way attached as Exhibit A. SECTION 3. - Duties of City traffic engineer. The City traffic engineer is authorized to take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable; including posting official traffic control devices and regulating the timing of traffic signals, as set forth in the Washington Model Traffic Ordinance in Chapter 308-330 WAC, adopted by reference pursuant to Sections 9.36.010 and 9.40.010 of the Kent City Code. 2 Resolution - Vehicular Speed Limits r a Packet Pg. 44 5.E.a SECTION 4. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: Date Approved KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY 3 Resolution - Vehicular Speed Limits Packet Pg. 45 5.E.a EXHIBIT A Reasonable and Safe Maximum Speed Limits on Certain Streets, Highways or other Rights -of -Way within the City of Kent. It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as set forth on the streets or portions of the streets listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour (mph) or exceed sixty (60) miles per hour (mph). Name of street or portions affected 1. 4t" Avenue North from the intersection of South 228t" Street to the overpass for SR 167 2. 41" Avenue North/4t" Avenue South from the overpass for SR 167 to the intersection of Willis Street (SR 516) 3. 42nd Avenue South from the intersection of South 212t" Street to the intersection of South 216t" Street 4. 64t" Avenue South from the intersection of South 212t" Street to the intersection of West Meeker Street 5. 72nd Avenue South/70t" Avenue South from the north city limits at the intersection of South 180t" Street to the intersection of South 228t" Street 1 Speed limit 35 mph 30 mph 35 mph 35 mph 35 mph Exhibit A - Vehicular Speed Limits Packet Pg. 46 5.E.a 6. 7211 Avenue South from the intersection of 35 mph South 262nd Street to the intersection of South 277th Street 7. 74th Avenue South from the intersection of 35 mph Kent -Des Moines Rd (SR 516) to the intersection of South 259th Street 8. 76th Avenue South from the intersection of 35 mph South 212th Street to the intersection of South 228th Street 9 77th Avenue South from the intersection of 35 mph South 212th Street to the north end of the road 10. 80th Avenue South from the north city limits 35 mph at the intersection of South 180th Street to the intersection of South 196th Street 11. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 12. 84th Avenue South/East Valley Highway from 40 mph the north city limits at the intersection of South 1801h Street to the intersection of the SR 167 southbound ramps 13. 97th Place South from the intersection of 30 mph Canyon Drive (SR 516) to the intersection of 1001h Place Southeast 14. 1015t Avenue Southeast from the intersection 30 mph of Southeast 256th Street (SR 516) to the intersection of Southeast 2601h Street 15. 104th Avenue Southeast/Benson Road 40 mph Southeast/108th Avenue Southeast (SR 515) from the north city limits at the intersection of Southeast 192nd Street to a point 300 feet north of the intersection of Southeast 235th Street 2 Exhibit A - Vehicular Speed Limits Packet Pg. 47 5.E.a 16. 104th Avenue Southeast (SR 515) from a point 35 mph 300 feet north of the intersection of Southeast 235th Street to the intersection of Southeast 256th Street (SR 516) 17. 104th Avenue Southeast from the intersection 35 mph of Southeast 256th Street (SR 516) to the intersection of Southeast 272nd Street 18. 108th Avenue Southeast from the intersection 35 mph of Southeast 260th Street to the south city limits at Southeast 2801h Street 19. 114th Avenue Southeast from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the intersection of Southeast 2691h Street 20. 116th Avenue Southeast from the intersection 35 mph of Southeast 208th Street to the intersection of Southeast Kent-Kangley Road (SR 516) 21. 116th Avenue Southeast/Southeast 274' 40 mph Street from the intersection of Southeast Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 22. 120th Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 248th Street 23. 124th Avenue Southeast from the intersection 35 mph of Southeast 192nd Street to the intersection of Southeast 208th Street 24. 124th Avenue Southeast from the intersection 35 mph of Southeast 248th Street to the south city limits at Southeast 282nd Street 25. 132nd Avenue Southeast from the intersection 35 mph of Southeast Lake Youngs Way to the south city limits at Southeast 288th Street 3 Exhibit A - Vehicular Speed Limits Packet Pg. 48 5.E.a 26. 14411 Avenue Southeast from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the south city limits at Southeast 288t" Street 27. 148t" Avenue Southeast from the intersection 35 mph of Southeast 240t" Street to the intersection of Southeast 256t" Street 28. 152nd Avenue Southeast from the inter- 35 mph section of Southeast Kent-Kangley Road (SR 516) to the south city limits at Southeast 282nd Place 29. Canyon Drive (SR 516) from the intersection 40 mph of Hazel Avenue North to the intersection of 100t" Place Southeast 30. Central Avenue North/84t" Avenue South from 35 mph the intersection of the SR 167 southbound ramps to the intersection of East James Street 31. Central Avenue North from the intersection of 30 mph East James Street to the intersection of East Smith Street (SR 516) 32. Central Avenue North/Central Avenue South 30 mph (SR 516) from the intersection of East Smith Street (SR 516) to the intersection of East Willis Street (SR 516) 33. Central Avenue South from the intersection of 40 mph East Willis Street (SR 516) to the south city limits at the Green River Bridge 34. East Smith Street (SR 516) from the 30 mph intersection of Central Avenue North (SR 516) to the intersection of Hazel Avenue North 35. Green River Road from the north city limits 35 mph about 460 feet North of the Green River (Don Wickstrom) Bridge to the South city limits about 1,200 feet south of the same bridge 2 Exhibit A - Vehicular Speed Limits Packet Pg. 49 5.E.a 36. James Street/Southeast 240th Street from 35 mph the intersection of Russell Road to the intersection of 116th Avenue Southeast 37. Lake Fenwick Road from the intersection of 30 mph Reith Road to the intersection of South 272nd Street 38. Maple Street from Reiten Road to Tilden 30 mph Avenue 39. Military Road South from the north city limits 35 mph at South 2291h Place to the intersection of South 250th Street 40. Military Road South from the intersection of 40 mph South 2501h Street to the south city limits at South 272nd Street 41. Pacific Highway South (SR 99) from the north 40 mph city limits at South Kent -Des Moines Road (SR 516) to the south city limits at South 272nd Street 42. Reiten Road from East Titus Street to Maple 30 mph Street 43. Reith Road/South 2591h Place/South 260' 35 mph Street from the intersection of Pacific Highway South (SR 99) to the intersection of South Kent -Des Moines Road (SR 516) 44. Riverview Boulevard South from the 35 mph intersection of South 216th Street to the intersection of the eastbound Veterans Drive ramp 45. South 190th Street from the intersection of 35 mph 62nd Avenue South to the intersection of 72nd Avenue South 46. South 194th Street/58th Place South from the 35 mph intersection of 66th Avenue South to the intersection of Russell Road 5 Exhibit A - Vehicular Speed Limits Packet Pg. 50 5.E.a 47. South 196th Street/Russell Road/South 200th 35 mph Street from the west city limits at the Green River Bridge to the intersection of 84th Avenue South 48. South 20811 Street from the intersection of 35 mph 84th Avenue South to the intersection of 92nd Avenue South 49. South 212' Street/Orillia Road South/South 40 mph 212th Way/South 208th Street/Southeast 208th Street from the west city limits about 1,100 feet west of 42nd Avenue South to the intersection of 132nd Avenue Southeast 50. South 216m Street from the intersection of 35 mph 64th Avenue South to the intersection of 72nd Avenue South 51. South 2201h Street from the intersection of 35 mph West Valley Highway/68th Avenue South (SR 181) to the intersection of 72nd Avenue South 52. South 224th Street/88th Way South from the 30 mph intersection of 84th Avenue South to South 218th Street 53. South 228th Street from the intersection of 35 mph 54th Avenue South to the intersection of West Valley Highway/68th Avenue South (SR 181) 54. South 228th Street/83rd Avenue South/South 30 mph 224th Street from the intersection of West Valley Highway/68th Avenue South (SR 181) to the intersection of 84th Avenue South 55. South 240th Street from the west city limits at 35 mph 27th Avenue South to the intersection of Pacific Highway South (SR 99) 56. South 248th Street/Southeast 248th Street 35 mph from the intersection of 94th Avenue South to the intersection of 132nd Avenue Southeast L Exhibit A - Vehicular Speed Limits Packet Pg. 51 5.E.a 57. South 272nd Street from the west city limits at 35 mph Pacific Highway South (SR 99) to the city limits 140 feet west of the intersection of 315t Avenue South 58. South Kent -Des Moines Road (SR 516) 35 mph eastbound from the west city limits about 50 feet west of the intersection of 27th Avenue South to the intersection of 30th Avenue South 59. South Kent -Des Moines Road (SR 516) from 40 mph the Union Pacific Railroad Tracks about 250 feet east of the intersection of 74th Avenue South to the intersection of 4th Avenue South 60. Southeast 192nd Street from 10811 Avenue 40 mph Southeast (SR 515) to the east city limits at 124th Avenue Southeast 61. Southeast 196th Street from 108th Avenue 35 mph Southeast (SR 515) to the intersection of 124th Avenue Southeast 62. Southeast 208th Street from 132nd Avenue 35 mph Southeast to east city limits about 580 feet east of 135th Avenue Southeast 63. Southeast 240th Street from the intersection 40 mph of 116th Avenue Southeast to the intersection of 137th Avenue Southeast 64. Southeast 240th Street from the intersection 35 mph of 137th Avenue Southeast to the east city limits at the intersection of 148th Avenue Southeast 65. Southeast 256th Street (SR 516) from the 35 mph intersection of 100th Place Southeast to the intersection of Southeast Kent-Kangley Road (SR 516) 7 Exhibit A - Vehicular Speed Limits Packet Pg. 52 5.E.a 66. Southeast 256th Street from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the east city limits at the intersection of 148th Avenue Southeast 67. Southeast 260th Street/108th Avenue 30 mph Southeast from the intersection of 97th Place South to the intersection of Southeast Kent- Kangley Road (SR 516) 68. Southeast 267th Street from the intersection 30 mph of Woodland Way to the intersection of 104th Avenue Southeast 69. Southeast 277th Street from the west city 50 mph limits about 700 feet west of the Green River Bridge to the overpass for 108th Avenue Southeast 70. Southeast Kent-Kangley Road (SR 516) from 35 mph the intersection of Southeast 256th Street to the intersection of 116th Avenue Southeast 71. Southeast Kent-Kangley Road/Southeast 45 mph 272nd Street (SR 516) from the intersection of 116th Avenue Southeast to the east city limits about 45 feet West of the intersection of 160th Avenue Southeast 72. Southeast Kent-Kangley Road from the west 45 mph city limits about 27 feet east of the intersection of Southeast Summit Landsburg Road to the east city limits about 670 feet West of 262nd Avenue Southeast 73. Southeast Lake Youngs Way from the 35 mph northeast city limits about 400 feet Southwest of Soos Creek to 132nd Avenue Southeast E., Exhibit A - Vehicular Speed Limits Packet Pg. 53 5.E.a 74. Southeast Summit-Landsburg Road from the 35 mph west city limits about 555 feet North of the intersection of Southeast Kent-Kangley Road to the northwest city limits about 835 feet Southwest of the intersection of Southeast 262nd Street 75. Veterans Drive/South 228t" Street from the 40 mph intersection of Military Road South to the intersection of 54t" Avenue South 76. West Meeker Street from South Kent -Des 30 mph Moines Road (SR 516) to the intersection of 6t" Avenue 77. West Smith Street/East Smith Street from the 30 mph intersection of Lincoln Avenue North to the intersection of Central Avenue North (SR 516) 78. West Valley Highway/68t" Avenue South (SR 50 mph 181) from the north city limits at South 180t" Street to 830 feet North of the intersection of South 23811 Street/Oberto Drive 79. West Valley Highway/Washington Avenue 35 mph North/Washington Avenue South (SR 181) from the intersection of South 238t" Street/ Oberto Drive to the intersection of South Kent -Des Moines Road (SR 516) 80. West Valley Highway/Washington Avenue 35 mph South from the intersection of South Kent -Des Moines Road (SR 516) to the intersection of Frager Road 81. West Valley Highway from the intersection of 40 mph Frager Road to a point 180 feet north of the intersection of South 262nd Street 82. West Valley Highway from a point 180 feet 50 mph north of the intersection of South 262nd Street to the intersection of South 277t" Street 6t Exhibit A - Vehicular Speed Limits Packet Pg. 54 5.E.a 83. Willis Street/West Willis Street/East Willis 30 mph Street (SR 516) from the intersection of 4t" Avenue South to the intersection of Central Avenue South (SR 516) 84. Woodland Way South from Tilden Avenue to 30 mph the intersection of Southeast 267t" Street 10 Exhibit A - Vehicular Speed Limits Packet Pg. 55 5.F • 4^4� KENT WASH NGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: INFO ONLY: Neighborhood Parking Restrictions SUMMARY: From time to time it is necessary to update the parking restrictions in the City Code. Parking areas in new developments and parking issues noted by staff or residents are two primary reasons for updates. Staff heard from Kent Police, Puget Sound Regional Fire Authority and several neighborhoods about parking issues. Staff has worked with the community and is ready to recommend new parking restrictions. Narrow Streets in Existing Neighborhoods Four neighborhoods in the City have contacted us over concerns with parking on narrow streets. The neighborhoods are Ridge at Panther Lake, Plateau at Panther Lake, Vila Real, and Midori Meadows. All four of these neighborhoods are in the Panther Lake Annexation area. Several streets in these neighborhoods do not meet the minimum width for parking on one side or both sides. The neighborhoods as shown in Exhibit 1 are: 1. The Ridge at Panther Lake - no parking on one or both sides. 2. The Plateau at Panther Lake - no parking on one or both sides. 3. Villa Real - no parking on one or both sides. 4. Midori Meadows - no parking on both sides of 131 PI SE. Requests from the Kent Police Department and Puget Sound Regional Fire Department Request for parking restrictions also come from the Kent Police Department (KPD) and the Puget Sound Regional Fire Authority (PSRFA) for parking restrictions in locations that they come across in the City. These locations are evaluated, and parking restrictions are proposed where issues are identified. The streets shown in Exhibit 2 and their proposed restrictions are: 1. SE 220 St (102 PI SE to 103 PI SE) - no parking on both sides. 2. S 243 St (93 Ct S to 94 Ave S) - no parking on south side, 93 Ct S (north end to S 243 St) - no parking on east side, 3. 133 Ave SE (SE 224 St to SE 224 PI) - no parking on west side. 4. S 228 St (88 Ave S to west end) - no parking on both sides. 5. S 222 St (92 to 93 Ave S) - no parking on both sides. 92 Ave S (S 222 St to south end) - no parking on both sides. Packet Pg. 56 5.F 6. S 203 St (Chestnut Ridge Park) - no stopping, standing, or parking anytime (north side); no stopping, standing, or parking 10pm to 6am, south side. 7. 3rd Ave S (940 feet south of W Crow St to S 259 St) - no parking on both sides. 8. 25 Ave S (S 260 St to end) - no parking 10pm to 6am on both sides (north section); no parking anytime on both sides (south section). $65,000 from existing operating funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thrivin4 City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Neighborhood Parking Restrictions Map 1 (PDF) 2. Neighborhood Parking Restrictions Map 2 rev (PDF) Packet Pg. 57 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IT. % - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - / - Exhibit 2 - KPD and PSRFA Requested Parking Restrictions I Packet Pg. 58 1 -- - ---------------- ----------------- IT. % % - - - - - - - - - - - - - - - - - - 1. - - - - - - - - - - - - L Exhibit 2 - KPD and PSRFA Requested Parking Restrictions I Packet 7P9,75971 5.G • 4^4� KENT WASH NGTON DATE: February 6, 2023 TO: Public Works Committee PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5500 SUBJECT: INFO ONLY: Residental Traffic Calming Program Update SUMMARY: The Residential Traffic Calming Program (RTCP) continues to address livability concerns in the City's neighborhoods. Public Works received a total of 24 traffic calming requests in 2022. Staff will provide an update on the status of the RTCP and the number of requests in each phase of the process. The last RTCP status update to Council was on April 18, 2022. New activities within the RTCP since that time include: 1) Received 18 new RTCP requests (24 total in 2022) 2) Scheduled and evaluated 28 neighborhood traffic studies 3) Conducted two neighborhood meetings for the requests that meet the RTCP qualifications 4) Developed three conceptual neighborhood traffic calming plans 5) Completed the voting process for four neighborhoods with plans for six more neighborhood votes underway. The solid waste utility tax ordinance includes $150,000 per year for implementation of the RTCP program and associated traffic calming measures. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 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