HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 12/12/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, December 12, 2023
KENT 7:00 PM
WASH I NGTON
Chambers
A live broadcast is available on Kent TV21,
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www.youtube.com/user/KentTV21
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call 1-888-475-4499 or 1-877-853-5257
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Join the meeting
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Proclamation for Les Thomas Day
iii. Recognition of Outgoing Councilmember Les Thomas
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
City Council Meeting City Council Regular Meeting December 12, 2023
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk(@kentwa.00v or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkCDkentwa.aov.
Alternatively, you may email the Mayor and Council at Mayor(@KentWA.gov and
CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Land Use and Planning Board - Land Use Special Meeting - Nov 13,
2023 6:00 PM
ii. City Council Meeting - City Council Regular Meeting - Nov 21, 2023
7:00 PM
iii. Council Workshop - Workshop Regular Meeting - Nov 21, 2023 5:15
PM
iv. City Council Meeting - City Council Special Meeting - Nov 28, 2023
5:00 PM
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Michaud - Approve
City Council Meeting City Council Regular Meeting December 12, 2023
D. NeoGov Subscription Renewal - Authorize
E. Ordinance Amending Chapter 9.38 of the Kent City Code Relating to
Parking Restrictions in the Panther Lake Area - Adopt
F. Consolidating Budget Adjustment Ordinance for Adjustments between
October 1, 2023 and November 30, 2023 - Adopt
G. Department of Ecology 2023 - 2025 Solid Waste Management - Local
Solid Waste Financial Assistance (LSWFA) Grant Agreement - Authorize
H. Contract with Dimensional Communications, Inc. for Court Audio and
Video - Authorize
I. Agreement with RH2 Engineering for the Linda Heights Pump Station
Project - Authorize
J. 108th Avenue SE and 264th Street Compact Roundabout - Additional
Grant Funds - Authorize
K. South 224th Street Corridor Phase 3 - PSE Schedule 74 Agreement -
Authorize
L. South 224th Street Corridor Phase 3 - Temporary Pole Relocation PSE
Reimbursement Agreement - Authorize
M. South 224th Sreet Corridor Phase 3 - Lumen Reimbursement Agreement -
Authorize
N. Mill Creek at 76th Avenue Souh Culvert Improvements Project - King
County Wastewater Treatment Division Reimbursement Agreement -
Authorize
O. Transportartion Improvement Board Grant for the 76th Avenue South
(South Phase) Project - Authorize
P. Transportation Improvement Board Urban Active Transportation Grant -
Authorize
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.2
PROCLAMATION
WHEREAS, Councilmember Les Thomas celebrates 20 years serving on the Kent
City Council; and
WHEREAS, Les graduated from Kent Meridian High School and attended the
University of Washington, followed by serving in the US Army before
completing his schooling at the University of Puget Sound, earning his
MBA; and
WHEREAS, he went on to work at Libby's Cannery where he met his wife Pauline
when she was working on the bean line in the summer of 1967 before o
marrying her in June of 1968; and =
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WHEREAS, Les and Pauline had four children, Jil, Joy, Lee, and John, as well as 10
grandchildren; and
WHEREAS, leading a life of service in his community, Les owned Blessings Jewelry 3
in downtown Kent, is a lifetime member of Kiwanis including serving as a
president several times, and started two churches in the area - Grace
Fellowship and Mountainview Vineyard where they are still members o
today; and
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WHEREAS, he took that heart of service even farther and served in the Washington
State House of Representatives from 1994 to 1999 followed by sitting
on the King County Council from March of 2001 to January of 2002
before joining the Kent City Council in 2004; and `o
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WHEREAS, on top of all of that, Les has served in numerous other groups and g
boards within the Kent community while focusing on a local level in order
to make a difference in his community; and cEo
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WHEREAS, Les has been a friend, advisor, confidant, and advocate for those around a
him; and c
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WHEREAS, Les' birthday falls on December 10th;
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM E
E
December 10, 2023 TO BE 0
Les Thomas Day
In Kent Washington and congratulate Les on his 20 years of service on Council as well
as thank him for all the work he's done for our community.
In witness whereof, I have hereunto set my hand this 12th day of December, 2023.
Mayor D na JalDh
dos v KEN T
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of department highlights
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ADMINISTRATION
Administration Customer Service U
• A huge thank you goes out to The annual relicensing period for 2024 0
Councilmember Thomas for his 20 years of opened on December 1st. Business owners U
service on the Kent City Council. This have the option to re-license through o
December 12 Council meeting will be his Customer Service or online through y
final meeting. It has been our privilege to FileLocal. Customer Service is preparing to c
work with Councilmember Thomas, and we process business license payments that are
wish him the best as he moves on to new received at the City. --
adventures. Accounting
0
• The region experienced an historic rain All 2022 audits are set to be wrapped up
event last week. Kent, like many by the end of December 2023. Thank you W
communities, felt the impacts with areas of to all departments who assisted in
water over the roadway. Thank you to our responding to auditor questions.
Public Works crews who managed our Payroll 0
roadways during this wet period. Significant The annual leave bank cash-outs were >
rain events can cause potholes and other completed within the December 5th 2
roadway defects which may appear days paycheck. h
and weeks later. As usual, Public Works As the calendar year ends, Payroll .9
crews will be busy in the coming days and encourages all staff to review and update a
weeks repairing potholes. their W-2 delivery preferences. Selecting
• Administration held interviews for the open electronic delivery (in particular, electronic
Council Admin Assistant position. We delivery only) provides immediate access E
anticipate filling that position in a part time to your W-2, once Payroll's work to prepare
status in the coming days. them is complete.
Communications
• Mayor's Christmas Mingle & Jingle - E
o Staff is invited to join Mayor Dana Ralph 0
and fellow colleagues for some holiday Recruiting U
•cheer and friendly competition as we Interviews-
showcase our best Christmas cookies! o Grant and Accounting Analyst in Parks
(12/6)
Savor the season with delightful warm beverages, and let's make this o Golf Course Mechanic in Parks (12/12)
celebration memorable together. o Plans Examiner (12/12)Ready for Hire 1/2/24-
Tuesday, December 19, 2 - 4 p.m., City •
Hall Chambers o Civil Engineering Designer 2 (Inna
Nedanchuk)
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o Labor Relations Analyst (Kristina
Savonin)
• Final letters are going out to non- Information Technology Projects
represented staff regarding the Laserfiche Stabilization - To further
findings/results of the compensation study. stabilize the functionality of the City's
• Submitted the EEO-4 report. Laserfiche solution by deploying the
Benefits Washington state core for record archiving
• Finalizing Open Enrollment and retention, integrating with the judicial
• Processing LEOFFI Retiree Open information system and judicial access
Enrollment browser, and migrating AP invoices to
• Gathering annual information from LEOFF 1 Transform AP.
retirees PW Shops Security Camera Expansion - To
• Deferred Comp Committee meeting took enhance notifications and alerting to
place 12/5 existing cameras at PW Shops. co
• 2024 Wellness Program planning and Information Technology operational support
communication for November 26, 2023 to December 5, 2023 u
• Holiday cash outs have been processed for Number of tickets opened - 101 ;
12/5 paychecks Number of tickets closed - 209
• Working with Employees and Managers on E
Protected Leave cases and ADA °
Accommodations
• Working on 2021 RDS Reconciliation Assisted the Parks Department with
a
• ACA data audits preparation and negotiation of various
• Working on Recognition Program agreements.
• Policies review • Assisted the Police Department with an o
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Risk Management interlocal agreement allowing Lakewood
• Title VI training was administered in Police Department to access certain )
NeoGov this week. Risk managed back- technological resources of the Kent Police U
end logistics to ensure all individuals at the Department.
organization were able to complete. Helped staff navigate the bankruptcy filing o
Process Improvements of Half Lion Public House, the City's
• Lean Leadership Learning is continuing to restaurant tenant at the golf course.
progress. where we want to prioritize our Led negotiations with property owners for r_
efforts in 2024 as an organization. acquisitions related to expanding park
Department Updates facilities. These negotiations are still a
• Emergency Response System: AlertMedia ongoing. a
alerts were sent out November 30th to Drafted an ordinance to update the City's
staff during the most recent internet criminal code to adopt newly codified ii
outage, which proved to be a very useful criminal laws passed by the Legislature in
tool for communication, when our internet prior sessions and to update outdated state
was inoperable. law references. 3
An assessment of the organization's During the month of November, the Law E
• E
training and development tools is Department received a total of 202 cases 0
occurring, to identify the best approach for from the Police Department to review and
future planning and development of our assess for the filing of criminal charges. Of
staff. those cases, 68 were for in-custody
• Giving Campaign: The Giving Campaign defendants which necessitated rush filing
Committee is beginning plans for next the next business day after arrest.
year's event. Covered 61 court calendars in November,
which included 1,343 cases scheduled for
hearing, spread across 928 defendants. Of
those, 422 cases were for 252 defendants
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who were held in-custody. Of the • Assisted outside counsel on a number of
remaining 676 defendants who were cases currently in litigation.
required to appear in court on an out-of- . Worked with staff to acquire the property
custody basis, 157 of them failed to appear rights necessary to complete various
(a 23% failure to appear rate). projects throughout the City.
• Covered one community court calendar in
November which included 112 cases, PARKS, RECREATION, AND
spread across 65 defendants, 43 of whom COMMUNITY
failed to appear. None of the defendants
who appeared were out of compliance to Recreation and Cultural Services
such a degree that a sanction was The Kent Senior Activity Center hosted
imposed; all were demonstrating progress. their annual Thanksgiving and Christmas
• Covered one expired bench warrant luncheons. Each sold out event served 180
calendar in November which included 110 festive and fun holiday meals. Thanks and cl)
cases, spread across 100 defendants. Only appreciation to employees from the Kent
two defendants appeared for the hearing. Police Department and the Puget Sound
• The November jury term saw nine cases Regional Fire Authority for assisting with ;
confirmed for trial. Of those nine cases, service and clean-up. ci
five were continued to a future date, three The Kent Senior Activity Center recently E
defendants pled guilty on the day of trial, completed the 2023 Transportation
and one case proceeded to trial and Program managed and operated by Senior ro
resulted in a jury verdict of"not guilty." Center staff and funded through the King a
The trial involved a misdemeanor charge of County Veterans, Seniors, and Human
domestic violence assault and lasted for Services Levy. Since the end of June, the
four days. The defendant allegedly program provided 440 rides, covering over a
scratched and grabbed his nephew who 2,400 miles to or from the senior center for W
lived with him because the nephew would programming, senior services or medical )
not share his food. The defendant made a appointments. Social isolation is one of the
claim of self-defense. After deliberations, biggest challenges facing seniors today. o
the jury returned with its "not guilty" This program combats isolation by enabling >
verdict. engagement and restoring independence
• In preparation for the December jury term, through the provision of safe and reliable N
prosecution prepared 78 cases for jury transportation.
trial, spread across 68 defendants. Quota of Kent Valley sponsored their 10th
Preparing these cases for trial required the annual Studio 315 Holiday Party on w
criminal division to contact 141 civilian December 1st at the Kent Senior Activity 2
witnesses, conduct interviews, and review Center. Eighty participants were served a
all evidence associated with each case. As sit-down dinner of lasagna, salad, rolls and c
part of this process, prosecutors reviewed a big piece of pumpkin pie. Everyone M
body cam footage that totals over 160 enjoyed a performance by the Kent Parks c
hours in length, which is over 20 days of Cheerleaders, who were presented their E
work for a single full-time employee. new cheer shirts, also sponsored by Quota E
• Assisted the Clerk's Office on the of Kent Valley! It was a night of food, U
coordination and processing of large public friends, and fun.
records requests. Staff has been working on promoting and
• Assisted the HR Department in a number of making the Lu Interactive Playground a
sensitive employment and labor related success. By reaching out through our
matters. school partners in the Kent School District,
• Advised City departments on several the program is full. The K-6th graders are
procurement and contract matters related having a great time competing, exercising,
to various ongoing projects. and learning through utilizing the many
games available.
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• Staff at our middle school cooking program Kherson Park via the new projector system.
have been teaching the teens how to cook The artists range from local (Kent) and
from scratch while expanding their regional (Mountlake Terrace), to national
knowledge of different cultures around the (Indiana, Florida, and New York)
world through food. Repetitive practice is • Artist Elizabeth Connor has joined the
the key to learning proper food handling design team for park restorations at
techniques. Teens can recite our policy, Garrison Creek Park; updates to come.
"Clean as you go" in their sleep! The • An open call for artists to participate on the
current session ends on December 12th, design team for East Hill North Community
with a new group starting in the new year. Parks will be posted on December 5. The
Kent Parks Teen Cooking continues to be deadline for artists to apply is January 31,
the most popular program offered in that 2024.
age category. Facilities a
• Approximately 2,000 people came out for a Senior Center Microgrid (solar + battery
successful Winterfest/tree lighting event on storage) project is in the intake process
Saturday, December 2 at Town Square with Commerce right now.
Plaza. The event was co-produced by Kent Courthouse and Corrections generator ;
Parks, Recreation, and Community project is in the final stages. Inspections U
Services, the Kent Lions Club, the Kent have passed and we're waiting for PSE to E
Downtown Partnership, and Kent Station. schedule the final crossover. ,°
This year's event featured extended hours Communications have been sent to
(2:00 - 7:00 p.m.), a new market area stakeholders for the crossover which will a
featuring hand-crafted items, "Rudolph's require down times at each facility. �
Relaxation Station" at Airways Brewery, Kent Commons renovation plans are
food trucks, and other new activities and complete and final review scheduled for a
treats in addition to the annual tree 12/13/23. We're planning to go out to bid
lighting, parade, and opportunity to meet 1/2/23 and looking to break ground on )
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Santa and the Grinch. 3/18/23 if the schedule holds. A lot of work
• The 2023-2024 Spotlight Series hosted the has been taking place ahead of this to plan o
37th annual Magical Strings Celtic Yuletide for the renovation including setting up a
Concert on Sunday, December 3 at Kent- temporary front desk area and getting all
Meridian PAC. The show was completely the IT infrastructure moved over for the N
sold-out with 364 tickets sold. The Queen's temporary office space. Thank you to IT for c
Cartoonists "Holiday Hurrah Yule Love It!" their collaboration on this. �
is scheduled for Thursday, December 14 at Court room renovation kick-off meeting is w
Kent-Meridian PAC at 7:30 p.m. As of scheduled 12/7/23. We'll be establishing a 2
December 4, 209 tickets have been sold. schedule from there. U
• Registrations are strong for this year's Siemens HVAC controls project is near c
Christmas Rush 5K and 10K Fun Runs completion, and we've entered the punch
which will take place on Saturday, list phase.
December 9. City Hall Campus generator controls are
• Artworks by Kathy Roseth and Diane complete. Final simulated power outage E
Walker are on display in the Centennial test was conducted on 12/2/23 and U
Gallery throughout the months of everything passed and worked as it should.
November and December. This show comes Project is considered complete.
down on Friday, December 29and will be Centennial Center elevator will remain out
replaced with a new exhibit featuring of order for another 6-8 weeks as we wait
artwork by Cathy Fields and Kelly Loney. for parts to arrive, and the repair is
• Seven artworks by five artists were chosen scheduled. We're moving forward with
from a pool of 44 applicants for the Kent repairs that will be compatible with future
Arts Commission's new Digital Art Project. upgrades that are being planned.
The video artworks will be displayed at
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• Centennial Center fire alarm upgrades is Significant Crime Activities/Arrests/
awarded and we're working to complete Investigations
the contract. Waiting for Convergint legal On November 11 at 6:52 a.m., officers
and admin review before it's finalized. received a LoJack hit while on patrol
Project will likely happen through Q1 2024. around Washington and James ST. Officers
• The new access control and security quickly got into the area and began a
cameras system is complete at Driving diligent search for the vehicle, a stolen
Range. Black Chevy Tahoe, reported stolen out of
• Russell Road Shops security upgrades are Tacoma Police Department and wanted in a
in process right now with cameras installed carjacking. The car was quickly located,
and starting to work on the access control and eventually, a pursuit was initiated. The
right now. A big thank you to the stolen vehicle collided with a semitrailer
Multimedia team for helping with pictures and caught fire south of 280th on West a
for the new badges, they were amazing to Valley HWY in Auburn. The suspect was
work with, great teamwork. transported to the King County Jail.
• We're starting to work on Senior Center On November 13, officers were dispatched —
U
and Golf Course security camera and to a recent assault at the Chevron located ;
access control upgrades now. The timeline at 8315 S. 212th St. The victim reported 0
for those will be Q1 into Q2 of 2024. that a co-worker had tried to shoot and kill E
• HVAC team was very busy with annual fire him after he had a verbal argument. The ,°
testing and repairs which resulted from the suspect had threatened to kill the victim,
testing the last three months. All repairs so the victim informed management, who a
and upgrades are now complete. fired the suspect. Later in the day, the
• City Hall heat switch over happened about victim left work and saw the suspect
6 weeks ago. following him in his car. The victim pulled a
• A new glass partition for the Customer into the Chevron to confront the suspect.
Service counter at Centennial Center is The suspect exited his vehicle, pulled a )
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complete. We added a mic and speaker handgun from his waist, pointed it at the
system to help the team and customers. victim, and pulled the trigger. The gun did o
• After a long recruitment process, I'm happy not fire, and as the suspect worked
to announce that Kirk Fitzharris have been through the mechanical dysfunction of his
promoted to Custodial Supervisor. We'll weapon, he accidentally released the N
now be opening the Custodial Lead and two magazine from the handgun. The victim 'c
Custodian positions. quickly picked this up and ran. The suspect E
• The new gate enclosure area at the back left briefly before returning and then w
parking lot at Senior Center to secure their searching again for the victim. °'
vehicles is scheduled to be completed by On November 14, at 6:43 a.m., patrol was U
12/22/23. dispatched to Al Vista apartments at 110th c
• The new sign for the front of the Golf and SE 240th PI about a shooting. There
Course has been installed and looks had been an argument in the parking lot .2
amazing as you drive by. between a large group of females during
• The pool room at Senior Center is entering which at least three shots were fired, with E
final stages of a refresh. one round striking one person and the U
others hitting a building.
On November 16, a man the victim knew
Staff Changes - from a previous contact where he had sold
Hiring/Retirement/Recruitment/ her makeup came to her business and told
Leaves/Promotions her he had more makeup that he wanted to
give to her. He suggested they load it into
• 12/1 Promotion, Sergeant, Matt Levi her car and follow her outside. The suspect
• 12/1, New Hire, Parking Enforcement then grabbed the victim while telling her
Assistant, Quentin Jimison she was coming with him. After a brief
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struggle, the victim was able to get away year-old driver of the first vehicle were
but sustained a minor cut to her neck. The both deceased. The 39-year-old female
suspect took the victim's phone and stole driver of the second vehicle was
her car. The case was referred to transported to Harborview. At the time of
detectives. this report, she is in stable condition, with
• On November 17 at 1:25 a.m., officers significant internal injuries and broken
observed a vehicle backed in a parking stall bones.
with the passenger door open in front of 7- On November 19, officers were dispatched
11 511 W Meeker ST. Officers pulled into for a report of an assault between family
the parking lot to investigate, and as he members at Grandview apartments. Once
walked past the vehicle, he aired the on scene, officers began their investigation
license plate, which returned to a reported and learned an adult son had assaulted
stolen vehicle out of Port of Seattle. He family members while likely in a mental a
then noticed a female exiting the store, to health crisis. Officers did a great job co
whom he asked about the car, but she interviewing all involved, establishing
denied any involvement. The employee probable cause, and making their arrests.
overheard the interaction and said she was Recognizing the stress and trauma of the ;
the vehicle's passenger. Officers detained situation for all involved, Project Be Free L)
the female as the suspect vehicle fled the was contacted as a resource for the family, E
parking lot. Officers surveilled the 7-11 and they responded to assist officers once ,°
where the suspicious vehicle was last seen. the scene was rendered safe. This
The suspect circled the block and raced assistance to the family was an excellent a
into the parking lot directly toward officers use of our new Domestic Violence Co-
and the female suspect. The car stopped as Responder program. It was a great
officers challenged the driver of the example of how our officers a
vehicle. The female seized the opportunity compassionately serve the community
to flee, running with handcuffs towards the while holding people accountable for their )
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suspect vehicle. Officers chased the female actions. Great teamwork by our officers
and tackled her as she had the passenger and their Project Be Free partners! o
door open. Officers gave verbal commands On November 20, at 10:55 p.m., patrol >
to the suspect as officers dragged the responded to Kent Station regarding a
female away from the vehicle. The suspect robbery. The victim had parked to get food N
then fled the parking lot for a second time to go when the two-armed suspects c
as responding officers were arriving. demanded their vehicle. The suspects fled E
• On November 17 at 4:00 a.m., officers the area in their car, along with a vehicle w
were dispatched to 15635 SE 272 St to a that brought them to the scene.
vehicle head-on collision. Officers learned On November 20, officers were dispatched U
that the King County Sheriff's Office to a stolen vehicle recovery at Railroad and c
(KCSO) was dispatched to Fred Meyer in Willis after On-Star called dispatch andcc
Covington about a male who passed out in advised that a reported stolen vehicle of •2
a car. They located the driver and soon theirs was being tracked. It was reported '
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learned the vehicle was reported stolen out that the car had been stationary for about c
of KCSO. However, before KCSO attempted 20 minutes. On-Star had turned off the U
contact, the driver woke up and recklessly vehicle remotely so it could not be moved.
fled Westbound in the Eastbound travel Officers found the car parked in front of a
lanes. KCSO stated they did not pursue house and noted it was unoccupied.
and had never turned on emergency lights. Officers began investigating and recovering
KCSO followed Westbound a few minutes the vehicle, getting photos, and canvasing
later and located the collision. Puget Sound the area for cameras. While waiting for
Fire arrived a few minutes later and AFIS to process the car for latent prints, a
determined that a 17-year-old female man exited the house and, using a key fob,
victim from the second vehicle and the 28- entered the vehicle's driver's seat, not
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even noticing that a police vehicle was exact vehicle was involved the previous
positioned in front of the stolen car. When night in a series of burglaries in Des
the vehicle wouldn't start, the suspect Moines. Officers set up the car with spikes
looked up to see officers had repositioned at all escape routes. The occupant fled but
his truck to block the driver's door while not before getting both rear tires flattened.
awaiting additional officers. The suspect The car made it onto 167 and was not
exited the passenger door and initiated a located until it was reported in Renton with
short foot pursuit. The suspect was quickly a suspect walking away. WSP had flooded
caught and arrested. that area and arrested the suspect. Des
• On November 21, around 5:56 a.m., Moines stepped up and responded to take
Officers responded to a car that had fired the vehicle for processing (AFIS was not
several shots in the 20200 block of 125th working that day). Great teamwork by the
PI SE. As officers responded, they located crew and OSA's a
and pursued the suspect vehicle, resulting On November 25, around 8:47 a.m., patrol 0
in three suspects being arrested after a responded to Plaza Fruit and Produce at =
collision. At the scene, twelve casings were 23311 Pacific Highway South, referencing a
located, and a car was found damaged. robbery. The victim had been upstairs ;
• On November 22, a car vs bicyclist resulted asleep when the business was broken into; 0
in a fatal collision. Driver and bicyclist were when they went downstairs, the suspect E
SIBon Central Ave S, in the 800 block. The presented a firearm, and the victim was ,°
bicyclist made an abrupt left turn right in able to run away and call the police,
front of the vehicle in what appeared to be causing the suspect to flee. a
an effort to cross Central Ave. The bicyclist On November 25, 8:36 p.m., officers
was struck and was pronounced deceased responded to 7-11 in the 26200 block of
at the scene. The driver was cooperative 116th Ave SE for an occupied stolen a
and later released. vehicle. Upon confronting the suspect, they
• On November 23, officers arrived at tried to flee in the car, striking the building. L
Station 74 for a report of a single-car The suspect surrendered to police.
collision. They noticed two other vehicles in On November 27, around 2:08 a.m., the o
the parking lot and several people gathered patrol was dispatched to Skyview >
around them. One of the subjects was Apartments regarding an attempted W
irate, yelling obscenities and threatening to robbery. The victim had been working as N
assault others. Family members tried to security when three armed males c
calm the subject down and escort him to approached him and demanded he exit the E
an awaiting vehicle. The suspect then vehicle. The victim was able to flee in his w
began assaulting a male in front of the car.
officers. Officers stepped in, and the On November 27, at 10:16 a.m., officers
subject became combative, which caused a were dispatched to a strong-arm robbery c
call for a Code 2. They were able to get the at the Safeway at 13101 SE Kent Kangley
suspect detained in handcuffs, and then he Rd. Dispatch advised that two males had •2
began spitting on the officers while also taken a customer's phone out of her hand, I
cursing and threatening to assault them. and the customer had run after the two c
The responding officers took over to allow males in the parking lot. The victim advised u
the involved officers to step away. The officers that she was in the meat
police work was an example of great department looking at her phone when two
teamwork, recognizing the situation and subjects ran up to her. One grabbed her
making the right call to intervene. The phone, and the other tried to grab her
involved officers did a great job remaining purse. She was able to retain her purse.
professional despite getting spit on. The suspects ran off and were located by
• On November 24, a stolen vehicle with responding officers. An identification was
someone passed out inside was reported made via surveillance video. The victim's
parked in the 800 block of S. 3rd. The
Page 7 of 12
Packet Pg. 11
5.6
phone was found hidden under a vehicle at observed the damage to the roll-up doors
a nearby complex. to each business along with a third
• On November 30 at 10:00 a.m., officers unoccupied commercial space. The subject
were dispatched to a reported Malicious was already GOA, and upon walking
Mischief at 11007 SE 196th St. Dispatch through the businesses, it could not be
advised there were cut fiber optic cables determined what, if anything, was taken.
and provided a point of contact with the On November 2 at 8:26 a.m., Officers were
Senior Manager and Security Investigator dispatched to a commercial burglary report
for Comcast Cable. Early this morning, at Office Depot Distribution Center, 6805 S
there was also an incident with a matching 217 St. The reporting party advised that he
set of circumstances in Graham. The wires was contacted by security personnel,
were cut on both sides of the road, north declaring the front door was broken.
and south. Clear-cut marks were on the Officers cleared the building, and no one a
fiber cables on both sides of the streets. was located inside.
The damages caused are estimated to be On December 1 at 11:27 p.m., officers
approximately $150,000. were dispatched to an illegal discharge at
• On November 30 at 10:31 a.m., officers Timber Ridge Condos located at 25120 ;
were dispatched to a robbery at M&J Food 98th PI. S. It was advised four minutes L)
Mart located at 427 E Smith St. The store before the time of call, one gunshot was E
clerk/victim advised that the suspect heard, and then vehicles were heard ,°
walked into the store and stopped at the driving off. Three additional gunshots were
counter. The suspect pulled out a silver in heard after, and possibly four cars went a
color, larger handgun from his cross-body down the hill. Officers arrived and located
bag and pointed it at the victim's chest. one brass Winchester 9mm Luger casing in V_
The suspect then pulled down a ski mask the parking lot of Campus Park located at a
to cover his face and told the victim to give 9700 E. Canyon Drive.
him everything. The suspect was left in a On November 28 at 3:21 p.m., officers )
L
vehicle with approximately $500 in cash. were dispatched to a threat with a weapon
• On November 2 at 10:16 a.m., officers located at SE Kent Kangley Rd/116th Ave o
were dispatched to a suspicious vehicle call SE. The victim advised that she was in her
at 13508 SE 265th ST. When officers vehicle, stopped at a light with a vehicle in
arrived, they observed two subjects passed front of her. She honked at the car before N
out in the vehicle, under the influence of her to proceed through a free right-hand
narcotics, seen within the vehicle between turn. The vehicle went through the light, E
the driver and passenger. Officers placed and the victim's vehicle followed. When the w
tire deflation devices at the vehicle's victim's vehicle was next to the suspect 2
wheels and contacted the occupants. Upon vehicle (4-lane road), the driver of the
waking up, the occupants spoke to each suspicious vehicle pointed a gun out the c
other, and then the driver started the car window at the victim. The victim was able
and left the scene, deflating the tires. The to obtain suspect vehicle information.
vehicle continued, pursued by officers, until Officers located the suspect vehicle, driver,
the tires caused it to be inoperable and slid and the weapon at the listed vehicle c
into a fence. The occupants fled the scene address. U
on foot. One occupant was captured, and On December 4 at 1:50 a.m., officers were
the other escaped but has been identified. dispatched to a robbery report at the 76-
• On November 2 at 7:01 p.m., officers were gas station at 8815 S 180th St. The victim
dispatched to Interstate Plastics, 22435 68 reported stopping for gas on his way home
Av S, for a commercial burglary. The from work. The victim noticed another
reporting party advised he was watching a vehicle parked near him, and he was
dark-colored Kia Soul breaking into his approached by the driver, who asked him
business and Western Contracting at 22416 to buy him gas. The male passenger then
66 Av S. When officers arrived; they got out of the car and pointed a gun at the
Page 8 of 12
Packet Pg. 12
5.6
victim, ordering him to give him all his GIS staff are working on the following
property. The victim started walking projects: Stream Course data model
backward and then ran inside the gas update, GeoPortal update planning, Fiber
station. The suspects got into their vehicle Mapping, Lead Water Service line inventory
and left the scene. tracking application, updating the Shoreline
• An RP at the Meridian Green apartments Master Plan data and updating the
said their neighbor was high and Roadway Classification map. GIS
hallucinating, saying people were after Supervisor is involved with ESRI system
him. The male was seen loading a rifle and re-architecture with IT, updating CityWorks
walking around with it. Officers did a functionality, Workflow documentation for
fantastic job in a volatile and dangerous ArcPro surface analysis and Granite
situation. They found the male's gun had software update planning. Recruitment
been taken away safely and were able to plan workflows are on-going internally and a
talk the male outside, where he was with Human Resources for open GIS
detained safely without incident. Everyone Analyst position vacancies.
c
was prepared for the worst but handled it Environmental
quickly and safely. The male appreciated Stormwater Permit Coverage for the ;
the officer's response and for getting him KEHOC Project: Staff submitted an L)
help application for coverage under Ecology's E
• December 4 at 8:20 p.m., officers were Construction Stormwater General Permit ,°
dispatched to the 76 Gas Station at 1513 for the Kent East Hill Operations Center
W Meeker ST for a recent carjacking with a Project. Permit coverage is anticipated to a
gun. Officers quickly contacted the victim, be issued 45 days following the final public
obtained the PC, got the vehicle notice in the Seattle Times, which was
information, checked Flock, and notified published on December 12th. a
OSAs. There was no ability to track the Dept of Ecology Invasive Plant
vehicle, but officers canvassed hot spots Management Grant: The City is working )
and conducted extra patrols throughout the with the Lake Meridian Community
night in hopes of locating the car. Association and apply for the Integrated o
• December 4 at 4:30 a.m., an alarm came Aquatic Vegetation Management Plan >
in at the Kent Jail, specifically the annex (IAVMP) grant being offered by the W
building shed on the south side. There had Department of Ecology under its Invasive N
been prior burglaries at this location, and Plants Management program. Application c
officers responded quickly. The shed had a due Dec 14, 2023. Maximum grant amount E
steel bar that kept the door shut, but it had is $30,000. The Department of Ecology w
been pried open, and it was unknown if managing the grant is encouraging the city 2
anything was taken from inside. There are to apply for the grant to control aquatic U
cameras on the annex building, but we invasive vegetation at Lake Fenwick. Staff c
have yet to be able to view the footage. to coordinate with homeowners association
if there's any and pending leadership
WORKSPUBLIC approval, apply for the grant for Lake
Fenwick. E
Survey Habitat Area A (Lower Russell Levee) and ci
• Survey Field staff are providing staking for Boeing Rock Habitat Enhancement: Staff
active work on the 108th St. & SE 264th doing project coordination and preparation
Roundabout project, design mapping for for conducting feasibility studies. Met with
the 2024 Overlay project and design WRIA 9 on Nov 20 regarding requests for
mapping portions of the future East Hill design funds for both projects during the
Operations center. Office staff continue 2024 grants cycle. Notice of Intent to apply
providing right of way support on capitol for grants is due on January 12, 2024.
projects and professional review of CIP COW presentation for Boeing Rock grant
projects.
Page 9 of 12
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5.6
acceptance (SRFB and King County Parks Construction
Levy-Open Space) on Jan 16. Rectangular Rapid Flashing Beacon
• Recycling Events: Working on updating Crossing Improvements: Delivery of RRFB
the 2024 RFP for a consultant to host and materials arrived earlier this week and
lead recycling events to be held between working on schedule for work.
March 1 and December 31, 2024. • Washington Ave S Stormwater Pump
Advertisement of RFP to run for 3 Station: Estimated delivery date for the
consecutive Tuesdays beginning Nov 28. storm manholes is now 12/5. Contract
Proposals are due on Dec 19. remains suspended while we wait.
• Ramp Grant: Grant acceptance to be Contractor has submitted request to close
presented during the December 12 Council West Valley Highway with a detour to
meeting. Requests for SOW/proposals from Central for City consideration. Under
on-call clean-up vendors to be done after review. a
grant acceptance. 108th Ave SE and SE 264th St Compact
• Republic Services: Contract Amendment Roundabout: Weather is preventing much =
#2 routed for signature by Republic work so far this week. Contractor working
Services. on schedule update. Next critical items are ;
Design retaining wall foundation pour and new L)
• Mill Creek/76th Ave S Culvert Replacement hydrant tee installation. E
and Road Raising: Project received Streets °
Transportation Improvement Board Grant Street Maintenance crews repaired the
for up to $3M of approved eligible work. railing at the S 224th St Bridge, repaired a
• Green River Bridge Painting and Deck the pedestrian walkway on the bridge at SE
Repair: Obligation documents sent to 256th St and 148th Ave SE, cleaned up the
WSDOT, and comments are being received West Hill site at Riverview Blvd S and a
and addressed. NEPA CE received Nov 22. Veterans Dr, prepared, poured, stripped
Joint open house with Reith Road forms, cleaned the area for a new sidewalk, N
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scheduled Dec 14th, 4:30-7:30 pm at Kent poured curb and gutter and performed hot
City Hall. Reviewing estimate and project patch repairs at 216 W Gowe St, poured o
budget. Coordinating with PW Construction sidewalk at 203 E Gowe St, hot patched >
team for construction contract the shoulder area at the northeast corner
administration needs. of S 208th St and 92nd Ave S, repaired the N
• S. 224th St - Phase 3 West/Stage 1: gravel shoulder area at the southeast c
Coordination with utilities for relocation(s) corner of S 212th St and Frager Rd, E
continues. 90% review expected to be cleaned the shoulders at Russell Rd and w
distributed early December. Sent PS&E James St and moved the ecology blocks on °'
documents to WSDOT for review in Naden Ave.
preparation to submit obligation of Signs and Markings crews installed bases c
construction funding. and signs at SE 220th St and 102nd PI SE, cc
• Mill Creek ReEstablishment: Kennebeck - cored asphalt and assisted Streets with
Communication facility has been potholed installing type 3 barricades and moving
and surveyed. Coordinating with ecology blocks on Naden Ave, set out and c
geotechnical consultant for wall placement. picked up the no parking barricades and U
Evaluating left bank for opportunities to traffic control for the Winter Parade in the
include in project. Continuing to coordinate downtown area, performed an aluminum
with property owners for necessary scrap run at Binford on 78th Ave S and
property rights. performed sign maintenance at various
• Joint open house with Green River Bridge locations Citywide.
Painting and Deck Repair scheduled Dec Solid Waste cleaned up debris on 132nd
14th, 4:30-7:30 pm at Kent City Hall. Ave SE from SE 208th St to SE 288th St, S
260th St from Pacific Hwy S to Military Rd
S, SE 256th St from 108th Ave SE to 116th
Page 10 of 12
Packet Pg. 14
5.B
Ave SE and on Green River Rd from City Water/Sewer
limits to City limits and performed graffiti Water Distribution staff have continued to
removal and hot spot inspections at various work on dead end water main flushing. The
locations Citywide. 2023 water distribution leak detection has
• Water Vegetation crews performed been completed and staff have been
landscape maintenance and cleaned debris working on completing repairs for items
at the Blue Boy Tank, the Impoundment found during the survey. Staff have also
site and at the 212th Treatment Plant, been working with contractors to complete
cleaned up debris at Clark Springs, Pump the new water main disinfection and
Station #5, the 208th Well and at the West collection of purity samples. Fire hydrant
Hill sites, planted trees at the Blue Boy exercising has also continued.
Tank, and assisted the Wetland Mitigation Sewer staff have cleaned sewer lines in the
crews. area of S Reith Rd and S 272nd St and
• Street Vegetation staff cleaned and line inspected sewer lines in the area of S
trimmed along the fence lines at the 198th St and 81st Ave S. Monthly line
Skyway Towing Site on S 259th St and 5th cleaning for hot spots, monthly flushes and
Ave S, cleared leaves on 64th Ave S from S drops and weekly checks have also been ;
240th St to S 212th St, S 208th St from underway. 0
WinCo Foods on 91st PI S to 132nd Ave S, Source, Supply and Pumpstations E
and on 132nd Ave SE from SE 244th St to Source and Supply staff switched to gravity 0
SE 248th St, cleared leaves from the feed at Kent Springs, worked on
people path at SE 264th St and 108th Ave pumpstation inspections/training on the a
SE, used Snuffy for leaf removal on Canyon preventative maintenance checklist,
Dr from E Titus St to the business by-pass system operations and controls, removed
road, SE 256th St from SE Kent Kangley Rd beaver dams in Rock Creek at Clark a
to 124th Ave SE, Reith Rd from S 254th St Springs, repaired a level indicator on the
to Kent Des Moines Rd, S 228th St from Blue Boy Tank, followed up on )
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Russell Rd to Lakeside Blvd E and from the programming issues at the Lindental Sewer
traffic islands on SE 204th St, mowed and pumpstation, worked with Sewer crews to 0
cleared blackberries at the Kent East Hill remove the filter media for filter #2 at the
Operations Center (KEHOC) for tree 212th Treatment Plant, installed a sign for
planting, pruned right-of-way trees on the the 208th St Pumpstation and accepted a N
north side of W Meeker St between Russell caustic delivery at the Guiberson Corrosion c
Rd and Frager Rd S and assisted the facility. E
Wetland Mitigation crews with the SCADA staff continued to work with RH2 on w
replanting of the final phase at the Downey the new SCADA app and project,
site. programmed the Lagoons pump run to U
• The Sidearm mowers have shut down for SCADA, installed a level transducer at the c
the season and crews have worked on GRNRA South, worked with Accu-com oncc
pruning new growth from the Street Trees the temporary repeater set-ups, worked on •2
along W Meeker St from Washington Ave S the In-Touch and Win 911 programming for =
to SR 516 and on E Valley Hwy from S the SCADA project, replaced a mag meter c
212th St to S 196th St and assisted the head for the 6 MG 1 tank meter at U
Street Vegetation staff. Pumpstation #5 and worked on the
• Wetland Mitigation crews planted and replacement/PLC upgrade at the East Hill
sowed seeds at the Pollinator Patches, Well.
planted and staged plants at the Downey Pumpstation crews adjusted the gate valve
site, accepted a tree delivery at the Blue at the Frager Pumpstation, installed heat
Boy Tank and planted rock rose on Pacific tape on the pump casing at the 81st Ave
Hwy S. Storm Pumpstation, completed the gate
valve stem installation at Frager Rd,
worked on preventative maintenance for
Page 11 of 12
Packet Pg. 15
5.6
the 6" and 8" Godwin pumps, replaced the 273rd PI and at Kingsley Glen at 14210 SE
check valve gaskets at the Frager Rd, Mill 279th St, removed leaves at the 64th Ave
Creek and the Victoria Ridge Sewer pumpstation, pruned trees along the
Pumpstations and took inventory of the sidewalk at 10412 SE 272nd PI and
gate locks and changed out the Sewer and performed fence repairs at Mack Park at
Storm Pumpstation cores at various 26701 112th Ave SE.
locations Citywide. Fleet/Warehouse
Storm Drainage/Vegetation The Warehouse crew have continued to
• Storm crews root cut a pipe at SE 252nd St assist with CDL training, maintained the
and 111th Ave SE and at 10925 SE 259th shops yard, keeping it clean and free of
St, performed line cleaning at S 212th St litter and debris, cleaned and maintained
and 72nd Ave S, prepared, cleaned and the wash rack, washed, and vacuumed
performed leaf removal with Snuffy at SE motor pool vehicles, issued Personal a
240th St and 148th Ave SE, Lake Fenwick Protection Equipment (PPE) and motor pool c')
Rd and S 255th St, Russell Rd, Reiten Rd, vehicles to staff and hydrant meters to =
Kennebeck Ave S and on W Meeker St, contractors, repaired small equipment as
prepared and cleaned bridges for winter at needed, received parts and inventory ;
the W Meeker St Bridge, Washington Ave orders, hauled spoils as time and L)
Bridge, S 224th St Bridge and at 84th Ave equipment were available and inventoried E
S Bridge, located finger drains for Muth the small attractive assets. °
Pond at 4509 S 212th St, repaired a Fleet staff performed snow equipment
retaining wall at 24306 132nd Ave SE, inspections and prepped them for winter a
performed winter preparations at Bridges service, prepared and upfitted two new
on S 208th St and Hwy 167, cleaned and traffic vans, received and built new
organized containers at the Vactor site and vehicles, sent vehicles to body shop and a
performed ditch inventory, vault cleaning dealer for repairs and worked on scheduled
and hot spots at various locations Citywide. and non-scheduled maintenance repairs. )
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Crews also performed National Pollutant
Discharge Elimination System (NPDES) o
inspections at 76th Ave S and S 212th St >
and pumping at SE Kent Kangley Rd and ### :.-
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116th Ave SE and at SE 256th St and N
124th Ave SE. c
• Wetland Maintenance crews mowed and E
line trimmed at 6248 S 242nd PI and at a
w
4702 S 214th Way, mowed at the GRNRA °
at 21615 64th Ave S, performed fence U
repairs at ShoWare at 625 W James St, c
Meridian Meadows on 128th Ave SE ,
Heritage Lakeland East at 27102 106th Ave
SE, BMX Wetland on 124th Ave SE,
Southbend on 116th Ave SE and at Eagle c
Creek on 136th Ave SE, line trimmed, U
mowed and picked up litter at Horseshoe
wetland on S 259th St and cleaned up a
tree hanging over the sidewalk at Birdsong
Meadows on 116th Ave SE.
• Holding Pond crews performed tree
removals at Matheson Park at 12853 SE
223rd PI, West Creek Meadow at 21725
116th Ave SE, Upper Mill Creek at 26626
104th Ave SE, Plat of Kentara at 10329 SE
Page 12 of 12
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8.A.1
4^* Pending Approval
• City Council and Land Use and Planning Board
1147KENT Special Workshop Meeting Minutes
WASHINGTON November 13, 2023
Date: November 13, 2023
Time: 6 p.m.
Place: Kent City Council Chambers
220 Fourth Avenue South
Kent, WA. 98032
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City Council Attendees:
Mayor Dana Ralph
Councilmember Brenda Fincher 0
Councilmember Satwinder Kaur >
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Councilmember Zandria Michaud a
Councilmember Toni Troutner Q
Land Use and Planning Board Attendees: a.
Dione Dittmar, Chair
Sandra Perera, Co-Chair M
Shane Amodei o
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Bryan Kesterson r;
Sally McDonough
Justus Phelps z°
Benjamin Reid c
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1. Opening Remarks
Long Range Planning Manager, Kristen Holdsworth provided opening remarks
regarding the workshop about the Kent 2044 Comprehensive Plan Update. Then,
the consultant team (MIG) presented a summary of work completed to date and
alternatives for SEPA analysis.
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Purpose
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The purpose of the joint Workshop was for the Land Use and Planning Board (LUPB) c
and City Council to review, discuss, and comment on the potential growth
alternatives that will be studied in the Kent 2044 Draft Environmental Impact
Statement (DEIS).
Background
The City of Kent is preparing a Comprehensive Plan Update due in December 2024
under the State of Washington's Growth Management Act (GMA). The update to the
City's Comprehensive Plan will accommodate the projected growth of 10,200 new
homes and 32,000 new jobs by 2044. The City of Kent has determined that this
periodic update of the Comprehensive Plan would likely have a significant impact on
Packet Pg. 17
8.A.1
the environment (e.g., transportation system, utilities and service systems, public
infrastructure, etc.) and will prepare an Environmental Impact Statement (EIS) as
required by state law.
Growth Alternatives
An EIS must consider various alternatives to growth. The proposed alternatives
illustrate potential options to meet the State's required housing and employment
targets. These alternatives identify ways that new jobs and housing can be
accommodated in Kent. These alternatives include assumptions about the zoning
and/or land use regulation changes that might be needed, as well as assumptions
for infill and development of middle housing that is required by new statewide law.
Staff have developed several distinct growth alternatives, taking into consideration
community input and priorities for growth areas, regulatory guidance, previously
completed plans and analysis, and the adopted growth targets noted above.
0
Staff considered a variety of scenarios during the development of alternatives,
including trying to accommodate new growth entirely under the existing land use 0
map and City policies. Ultimately, this was not pursued as it did not consider Q
community input, new GMA regulatory requirements, and growth trends that have
emerged since the last update in 2015.
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The following alternatives have been identified: �o
• No Action (Alternative 1): Would maintain the City's existing land use N
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designations without modifications. This means growth would occur within N
existing land use designations and under existing land use regulations and
policies. This is a required alternative under the State Environmental Policy 'o
Act (SEPA). Assuming no changes in zoning or land use policies, the available ?
land supply within the City is not expected to achieve the 2044 targets. 0
• Nodes & Corridors (Alternative 2): Would disperse activity centers
throughout the East Hill area and somewhat greater intensity in the regional
growth areas. It would meet the City's growth target for jobs and housing.
• Core with Transit Links (Alternative 3): Would concentrate residential
and employment development in Kent's regional growth areas significantly. It
would meet the City's growth target for jobs and exceed the target for
housing. U
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Alternatives form the basis of the environmental analysis the City will include in the
EIS. Analyzing different alternatives, and especially the differences between them,
allows decision-makers and the public to compare the effects of different options
and ultimately select a preferred alternative which will inform the City's growth
strategy. The preferred alternative may be a combination of the alternatives
evaluated and will illustrate the future land use map and land use designations
included in the 2044 Comprehensive Plan.
The SEPA Process
The State Environmental Policy Act (SEPA) is a Washington State law that helps
agency decision-makers, applicants, and the public understand how a proposal
would affect the environment. The Environmental Impact Statement (EIS) process
Packet Pg. 18
8.A.1
is a tool for identifying and analyzing probable adverse environmental impacts,
reasonable alternatives, and potential mitigation. Preparation of an EIS is required
for actions that have potentially significant impacts. The EIS will be prepared as a
"non-project" EIS which is useful in documenting the environmental impacts of
policies, plans, or programs that will govern a series of connected actions. It will
not provide a site-specific detailed analysis.
By preparing an updated Comprehensive Plan EIS, the City can streamline new
housing development by utilizing a new SEPA categorical exemption (SB 5412,
2023). The City will exempt from SEPA review residential and mixed-use
development that is consistent with Comprehensive Plan densities and development
regulations. This will reduce residential permitting timelines by eliminating process
that is redundant because the regulations and mitigation measures are already
accounted for in other permitting requirements.
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Draft Environmental Impact Statement (DEIS)
The DEIS will present three alternatives that test the same level of expected 0
housing and employment growth, consistent with the City's adopted 2044 growth Q
targets: 10,200 new housing units and 32,000 new jobs. While the overall level of �-
citywide growth is relatively the same among alternatives, each alternative tests a
a
different distribution of this growth within various locations throughout Kent to 0
highlight a spectrum of policy choices. The purpose of the analysis is to estimate �o
the nature, severity, and duration of impacts that might occur and to compare the N
impacts of the alternatives. The DEIS will include: N
• A description of existing conditions in the City;
• Proposed actions and alternatives (e.g., new policies and growth strategies); 'o
• Potential adverse environmental impacts that may occur as a result of certain Z
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alternatives; 0
• Mitigation measures to reduce or eliminate adverse impacts; and
• Potential significant, unavoidable, and adverse impacts.
The DEIS will not propose an alternative for adoption nor identify a preferred
alternative.
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Final Environmental Impact Statement Q
Following the publication of the DEIS in spring 2024, the City will create a Preferred
Alternative based on public input and the DEIS evaluation of the alternatives. The
Preferred Alternative may include features of any of the studied alternatives. The
Preferred Alternative will be evaluated in the Final EIS which will also respond to
comments received on the DEIS. This Preferred Alternative will ultimately become
part of the City's Future Land Use Map included in the Comprehensive Plan and
inform the policies and implementing programs included under each Comprehensive
Plan element.
Comments Received from the LUPB and City Council. Together, LUPB and Council
members provided input on the three alternatives. Discussion topics included the
following:
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8.A.1
1. Confirmation that critical areas will be included in alternatives to ensure
realistic development assumptions;
2. Consensus that that Benson Corridor, and especially the intersection with
Kent-Kangley is a logical location to study more intense development;
3. Concerns regarding impacts from new development on East Hill, especially
related to congestion and parking
4. Some group members expressed strong concerns and opposition to nodes
along 132nd while others advocated for them to be included in analysis
5. Suggestions for slight modifications to Alternatives 2 and 3.
Staff clarified that the purpose of alternatives is for study only and are not a
commitment to a specific vision for growth at this time. The alternatives analyze
impacts of growth so that the project team, community, LUPB, and Council can
better understand why they should or should not propose growth locations and
changes in the final preferred alternative. Draft EIS results will be available in 0
Spring 2024 and will be part of Phase II community engagement.
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Staff will present the refined SEPA growth alternatives at the December 11, 2023, Q
LUPB meeting for final consideration at the December 12th, 2023, Council
a
workshop. o
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Meeting ended at 8:00 p.m. N
M
Kimberley A. Komoto 'o
City Clerk Z
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Packet Pg. 20
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
November 21, 2023
Date: November 21, 2023
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
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2. ROLL CALL
Attendee Name itlle= Status Arrived °
Dana Ralph Mayor Present c
Bill Boyce Council President Present a
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Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Present 2
Marli Larimer Councilmember Present a
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Toni Troutner Councilmember Remote
Les Thomas Councilmember Present N
Zandria Michaud Councilmember Excused N
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3. AGENDA APPROVAL 'o
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Chief Administrative Officer, Pat Fitzpatrick added item 8.V "Excused Absence —
for Councilmember Michaud - Approve."
A. I move to approve the agenda as amended. c
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President r
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas a
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4. PUBLIC COMMUNICATIONS 5
A. Public Recognition
i. Proclamation for Arbor Day
Mayor Ralph presented the Proclamation for Arbor Day to Margaret Wagner,
Natural Resources Coordinator with the City of Kent and Wagner expressed
appreciation of the proclamation.
ii. Proclamation for Native American Indian Heritage Month
Mayor Ralph presented the Proclamation for Native American Indian Heritage
Month to Micharl Evans (waq/usgidagb, Chair of the Snohomish tribe of
Packet Pg. 21
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
Indians, Father of the Blue Heron Canoe, and Vice President of the Greater
Kent Historical Society.
iii. Proclamation for Small Business Saturday
Mayor Ralph presented the proclamation for Small Business Saturday to Gaila
Haas, Executive Director of the Kent Downtown Partnership and Haas
expressed appreciation of the proclamation.
iv. Presentation of Giving Campaign Proceeds to Children's Therapy Center
Members of the City's Charitable Giving Committee, Ronald Lashley, Jens a
Vincent, Melissa McCormick and Cassi Fowler, presented $9,013 in proceeds
from the Giving Campaign to Children's Therapy Center.
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Vincent talked about the services that Children's Therapy Center provides to
the children of the Kent community. 0
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Representatives from Children's Therapy Center accepted the check and
talked about supporting families. a
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v. Appointments to Kent's Diversity, Eauity, Inclusion and Belonging Board ti
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Mayor Ralph recommended Council confirm her appointments to Kent's cm
Diversity, Equity, Inclusion, and Belonging Board. r
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B. Community Events 'o
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Council President Boyce announced upcoming events at the accesso ShoWare c
Center. N
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Councilmember Fincher announced upcoming Spotlight Series events.
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S. REPORTS FROM COUNCIL AND STAFF c
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A. Mayor Ralph's Report
Mayor Ralph serves on the Regional Policy Committee. The Committee a
recently discussed the King County Council's authority to leverage 1/10th of
1% for arts and culture. The Committee discussed how funds will be
allocated and cities are advocating for the dedication of tax funds to cities
outside the City of Seattle.
Mayor Ralph serves on the Transportation Policy Board that is continuing its
work on scoring with the focus on climate safety and equity in scoring.
Mayor Ralph serves on the South King housing and Homelessness
Partnership that is making final decisions on funding with the use of HB 1406
and 1590 funds.
B. Chief Administrative Officer's Report
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 7 Packet Pg. 22
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
Chief Administrative Officer, Pat Fitzpatrick announced the upcoming special
City Council meeting on November 28th at 5 p.m. to address the Bridges
annexation that would be effective January 1, 2024.
Fitzpatrick advised his report is in today's agenda packet.
C. Councilmembers' Reports
Boyce serves as the chair of the Operations items on the Committee of the
Whole and the City Council workshop and provided a recap of agenda items
from today's meetings.
r
Councilmember Kaur recently attended the National League of Cities
Conference and emailed the summary of the conference to the City Council. —
Councilmember Troutner provided a recap of the special Land Use and L
Planning Board and City Council special workshop that discussed the a
Comprehensive Plan Update. Q
Troutner serves on the Regional Transit Committee that received a briefing o
on Metro services and also moved forward the System Evaluation Plan.
M
N
Fincher serves as the chair of the public works items on today's Committee of N
the Whole and provided a recap of agenda items. N
6. PUBLIC HEARING Z
None
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7. PUBLIC COMMENT
None a�
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S. CONSENT CALENDAR a
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0
RESULT: APPROVED [UNANIMOUS] Q
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember =
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Nov 7, 2023 5:00
PM
B. Payment of Bills - Approve
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 7 Packet Pg. 23
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
MOTION: I move to approve the payment of bills received
through 10/15/23 and paid on 10/15/23; approve the checks
issued for payroll 10/1/23 - 10/15/23 and paid on 10/20/23;
approve the payment of bills received through 10/31/23 and
paid on 10/31/23; and approve the checks issued for payroll
10/15/23 - 10/31/23 and paid on 11/3/23, all audited by the
Committee of the Whole on 11/7/23.
C. Appointments to Kent's Diversity, Equity, Inclusion and
Belonging Board - Appoint
a�
MOTION: I move to appoint Pooka Kumar, Newab Ameeri,
Annah Irungu, Muhsin Shamdeen, Priscill Mtungwa, Rebecca
Riffle, Trimarco Green, Nancy Skipton, Rand Taha, Davies —
Chirwa, Sara Franklin, Lelei Masina, Oleg Pynda, Gwen Allen-
Carston, Zenovia Harris, Mohammed Akmoosh, Mizan Rahman, o
and Norma Maldonado to the Diversity Equity, Inclusion, and a
Belonging Board for two year terms beginning on November Q
22, 2023 and ending on November 21, 2025. a
D. Amendment to Consultant Services Agreement between the o
City of Kent and Robert Half International, Inc. - Authorize M
N
MOTION: I move to authorize the Mayor to sign Amendment N
No. 5 to the Consultant Services Agreement with Robert Half r
International, Inc., in an amount not to exceed $355,000.00 for c
staffing services through December 31, 2024, subject to final z
terms and conditions acceptable to the IT Director and City o
Attorney. a
E. Settlement Agreement with Pacific Power Group and Yaculta
Companies - Authorize
a�
MOTION: I move to authorize the Mayor to sign a Settlement
Agreement with Pacific Power Group, subject to final terms and
conditions acceptable to the Human Resources Director and
City Attorney. Q
a�
F. Washington State Department of Commerce East Hill North
Community Park Grant 2021 - Authorize
MOTION: I move to accept grant funds in the amount of
$1,960,000 from the Washington Department of Commerce for
East Hill North Community Park, amend the budget, authorize
expenditure of funds, and authorize the Mayor to sign all
necessary agreements and other documents, subject to terms
and conditions acceptable to the Parks Director and City
Attorney.
G. Washington State Department of Commerce East Hill North
Community Park Grant 2023 - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 7 Packet Pg. 24
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
MOTION: I move to accept grant funds in the amount of
$970,000 from the Washington Department of Commerce for
East Hill North Community Park, amend the budget, authorize
expenditure of funds, and authorize the Mayor to sign all
necessary agreements and other documents, subject to terms
and conditions acceptable to the Parks Director and City
Attorney.
H. Washington Recreation and Conservation Office Ruth Property
Acquisition Grant- Authorize
a�
MOTION: I move to accept grant funds in the amount of
$3,000,000 from the Recreation and Conservation Office for the
Ruth Property acquisition, amend the budget, authorize -
expenditure of funds, and authorize the Mayor to sign all
necessary agreements and other documents, subject to terms o
and conditions acceptable to the Parks Director and City a
Attorney. Q
I. Washington Recreation and Conservation Office Grant - Upper a
Mill Creek - Mendel Acquisition - Authorize o
ti
MOTION: I move to accept grant funds in the amount of N
$475,000 from the Recreation and Conservation Office for the N
Mendel Property acquisition, amend the budget, authorize N
expenditure of funds, and authorize the Mayor to sign all 'o
necessary agreements and other documents, subject to terms z
and conditions acceptable to the Parks Director and City o
Attorney. a
J. Washington Recreation and Conservation Office Grant -
Springwood Park - Authorize
a�
MOTION: I move to accept grant funds in the amount of
$500,000 from the Recreation and Conservation Office for the
Springwood Park Renovation Project, amend the budget,
authorize expenditure of funds, and authorize the Mayor to sign a
all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City =
Attorney.
K. Goods and Services Agreement with Univar USA, Inc for Water
Treatment Chemical Supply for 2024 - Authorize
MOTION: I move to authorize the Mayor to sign a Goods and
Services Agreement with Univar USA, Inc., in an amount not to
exceed $159,588.80, for Water Treatment Chemicals for 2024,
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 7 Packet Pg. 25
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
L. Accept the South 212th Street Preservation (Green River
Bridge to Orillia Road/Kent City Limits) Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the South
212th Street Preservation (Green River Bridge to Orillia
Road/Kent City Limits) Project as complete and release
retainage to Lakeside Industries, Inc. upon receipt of standard
releases from the State and the release of any liens.
M. Accept the 2023 Railroad Quiet Zone - BNSF Railroad Trespass
Fencing Project as Complete - Authorize
MOTION: I move to authorize the Mayor to accept the 2023
4-
Railroad Quiet Zone - BNSF Railroad Trespass Fencing Project
as complete and release retainage to A-1 American Fence, Inc. o
upon receipt of standard releases from the State and the a
release of any liens. Q
N. Ordinance Amending Chapter 3.70 of the Kent City Code
Relating to Public Contracting and Procurement - Adopt o
0
MOTION: I move to adopt Ordinance No. 4474, amending
Chapter 3.70 of the Kent City Code to allow for alternative M
N
O
public works procurement, to clarify ShoWare Center N
purchasing authority, and to delegate limited contracting N
authority related to insurance and software agreements to the z
Mayor. c
O. Ordinance Consolidating Budget Adjustments between July 1,
2023 and September 30, 2023 - Adopt
MOTION: I move to adopt Ordinance No. 4475, consolidating
budget adjustments made between July 1, 2023 and September
30, 2023, reflecting an overall budget increase of $4,079,264. 2
a
P. 2024 Legislative Agenda - Adopt
a�
a
MOTION: I move to adopt the City's 2024 state legislative
agenda.
c
Q. Ordinance Amending the Capital Facilities Element of the City's
Comprehensive Plan - Adopt
MOTION: I move to adopt Ordinance No. 4476, amending the
Kent Comprehensive Plan and its Capital Facilities Element to
adopt the City's six-year Capital Improvement Plan, the
Regional Fire Authority's six-year Capital Improvement Plan,
and area-school districts' six-year Capital Facility Plans.
R. Ordinance Amending Kent City Code Chapters 12.13 and 12.15
relating to School and Fire Impact Fees - Adopt
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 7 Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting November 21, 2023
Minutes Kent, Washington
MOTION: I move to adopt Ordinance No. 4477, amending
Chapters 12.13 and 12.15 of the Kent City Code to adjust the
school and fire impact fee schedules.
S. Ordinance Adopting the 2023 Tax Levy for the 2024 Budget -
Adopt
MOTION: I move to adopt Ordinance No. 4478, approving the
property tax levy ordinance for the 2024 budget.
T. Ordinance Adopting the 2024 Mid Biennium Budget
Adjustments - Adopt 2
MOTION: Adopt Ordinance No. 4479, approving the 2024 Mid-
Biennial Budget Modification Ordinance. -
U. Verizon Wireless - Federal General Services Administration
(GSA) Supply Contract - Authorize °
a
a
MOTION: I move to authorize the Mayor to sign the purchase Q
order with Verizon Wireless under a federal supply contract; to
sign future purchase orders under this contract through June a
0
10, 2025, and any extended contract term that may be
ti
authorized, if those purchases fall within established budgets; N
and to ratify past actions consistent with this motion. N
V. Excused Absence for Councilmember Michaud - Approve N
MOTION: I move to approve an excused absence for Z
Councilmember Michaud for the meeting of November 21, c
2023.
a�
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9. OTHER BUSINESS
None
c
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10. BIDS
None
a
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
c
None
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 7:45 p.m.
K& b,eAey A. Ko-wwtcr
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 7 of 7 Packet Pg. 27
8.A.3
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS HINGT0N
November 21, 2023
Date: November 21, 2023
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Boyce called the meeting to order.
c
Attendee Name _ Title Status Arrived
Bill Boyce Council President Present o
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present 0
Q.
Marli Larimer Councilmember Present a
Zandria Michaud Councilmember Excused
Toni Troutner Councilmember Remote a.
LO
Les Thomas Councilmember Present
Dana Ralph Mayor Present M
N
O
N
II. PRESENTATIONS r
1 King County Sexual Assault Resource Mayor Ralph 15 MIN. >
Center °
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Mayor Ralph introduced Chief Administrative Officer of the King County °'
Sexual Assault Resource Center, Kate Krug and board member Dennis
Higgins.
as
Krug advised KCSARC is an independent nonprofit serving survivors and their
families throughout King County and engage communities in building a world
without sexual assault. a
N
Krug welcomed everyone to attend the BE LOUD Breakfast on March 13,
2024 at 8 a.m. at the Sheraton Grand Seattle.
Mayor & Council President Boyce expressed appreciation of the staff and the
program.
2 Police Contact Application Eric Doherty 15 MIN.
Diversity, Equity and Inclusion Police Officer Doherty, presented information
on the new Police Contact application that officers are utilizing to collect data
relating to proactive contacts in the community. The Application fills data
gaps, runs on the ArcGIS Survey123 Application, and collects demographic
Packet Pg. 28
8.A.3
City Council Workshop Workshop Regular November 21, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
information on proactive contacts.
Doherty designed the City's customized application that every officer that has
enforcement capabilities has installed on their City cell phone.
Doherty walked the Council through each step of the process to enter data
and advised reports can be run from the program and that the program
integrates with other GIS maps. Additionally, the program can be expanded
for future needs.
a�
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Doherty answered questions about the frequency the application is currently
being utilized and the plan to increase usage. —
3 Green River Update Mike Mactutis 30 MIN. >
0
L
Q
Q
Environmental Engineering Manager, Mike Mactutis presented the annual Q
update on the Green River.
a
LO
Mactutis provided an overview of the Green River watershed that included its
geography and clean water programs. M
N
O
N
Mactutis provided information on the Howard Hanson Dam's operation and r
the Downstream Fish Passage Project. >
0
z
The King County Flood Control District is a partner on levee improvements 0
and also provides grant funding to the City for fish habitat projects. The City
also works closely with the KCFCD on flood management.
Mactutis reviewed the 2024 budget and forecast major projects that affect
Kent's flood risk and also reviewed the draft actual and forecasted flood =
district expenditures by type to convey the rapid decrease in grant funds that
will be available up to 2024 and beyond.
a
Mactutis talked about the Lower Green River Corridor Flood Hazard
Management Plan that included the recent draft of the Programmatic c
Environmental Impact Statement and also talked about next steps through
the board adoption and implementation.
Mactutis celebrated the completion of the Lower Russell Levee project and
Downey Farmstead Side Channel project in addition to talking about the
progress on the Signature Point Levee, Milwaukee 2 Levee, McCoy Levee,
and Desimone Levee.
Mactutis updated the Council on the winter forecast and flood season prep
and also talked about endangered species.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 29
8.A.3
City Council Workshop Workshop Regular November 21, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Meeting ended at 6:05 p.m.
K�v�Ley A. Ko-wwta-
City Clerk
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Page 3 of 3 Packet Pg. 30
8.A.4
Pending Approval
Kent City Council
• City Council Special Meeting
KENT Minutes
WAS M IN G 7 0 N
November 28, 2023
Date: November 28, 2023
Time: 5:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
Mayor Ralph called the meeting to order.
c
2. ROLL CALL
Attendee Name T Status Arrived °
Dana Ralph mayor Present c
Bill Boyce Council President Present a
a
Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Present 2
Marli Larimer Councilmember Present a
0
Toni Troutner Councilmember Present LO
Les Thomas Councilmember Present N
Zandria Michaud Councilmember Present N
C
N
3. PUBLIC HEARING 'o
z
Mayor Ralph advised of the public hearing process and opened the public —
hearing.
Economic and Community Development Department Deputy Director, Matt
Gilbert provided the staff presentation.
c
The Bridges is an island of Kent in Auburn that: a
Consists of 155 acres, 379 homes
Was annexed by Kent in 1987 as a future water reservoir a
Site became known as The Bridges when it was sold and developed a
Surrounding the Lea Hill neighborhood was annexed into Auburn in 2008
The annexation process was reviewed:
Council initiated annexation between cities allowed by state law
Auburn passed initiating resolution in September 2023
Boundary Review Board review is required
Interlocal Agreement
Public hearing and concurring resolution by Kent is required
Gilbert talked about milestone actions that started in 2019.
Neighborhood outreach was detailed that started in February 2021 through
Packet Pg. 31
8.A.4
Kent City Council City Council Special Meeting November 28, 2023
Minutes Kent, Washington
neighborhood meetings and National Night Out.
Gilbert reviewed the joint website between the City of Kent and City of
Auburn that contained information related to the annexation. The City
conducted a survey of the Bridges neighborhood and 76% were in favor of
annexation.
Gilbert talked about the extensive public outreach that included mailing and
posting notices of the public hearing to a broad radius.
a�
Gilbert provided an overview of the surplus process and documents that are
on today's consent agenda.
4-
0
Future Development:
13 acres remain for future development 0
Auburn is engaged with the community to plan for growth a
Comprehensive Plan and zoning effort is underway Q
Gilbert indicated residents in The Bridges neighborhood will be Auburn o
residents effective January 1, 2024. The water system will remain with the LO
City of Kent. N
Water system will remain with the city of Kent N
C
N
There was no one signed up to provide public testimony. 'o
z
There were no written comments received. 0
I move to close the public hearing.
RESULT: MOTION PASSES [UNANIMOUS]
a�
MOVER: Bill Boyce, Council President c
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
Q
A. Public Hearing on the Resolution Concurring in Auburn
Annexation of the Bridges - Adopt =
Boyce recognized councilmembers for making this decision the is the best
decision for Kent.
Chief Administrative Officer, Pat Fitzpatrick thanked staff for this
complicated work in getting done by January 1, 2024.
Mayor Ralph acknowledged how proud she is of the Kent team for taking
the lead on this project and getting it done.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 32
8.A.4
Kent City Council City Council Special Meeting November 28, 2023
Minutes Kent, Washington
MOTION: I move to adopt Resolution No. 2068 concurring in
the City of Auburn's annexation of ' The Bridges" neighborhood
effective January 1, 2024, and authorizing the Mayor to take all
action and sign all documents necessary to complete the
annexation, subject to final terms acceptable to the Economic
and Community Development Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Les Thomas, Councilmember a
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud c
4-
0
4. CONSENT CALENDAR
0
L
RESULT: APPROVED [UNANIMOUS] a
MOVER: Bill Boyce, Council President Q
SECONDER: Les Thomas, Councilmember a
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud o
LO
M
A. Convey Sensitive Area Tracts at The Bridges - Authorize o
N
MOTION: I move to authorize the Mayor to sign a Quit Claim N
Deed conveying 59.25 acres of sensitive area tracts in The >
Bridges neighborhood to Copper Creek (Auburn) Homeowners z
Association, subject to all existing development and land use 0
restrictions of record and final terms acceptable to the a
Economic and Community Development Director and City
Attorney.
a�
B. Interlocal Agreement with City of Auburn for The Bridges
Annexation - Authorize a
a�
MOTION: I move to authorize the Mayor to sign an Interlocal
Agreement with the City of Auburn in support of Auburn's N
annexation of "The Bridges" neighborhood, subject to final
terms and conditions acceptable to the Economic and
Community Development Director and City Attorney.
5. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 5:18 p.m.
Ki,mb-eAey A. Ko-wwtcr
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 3 Packet Pg. 33
8.B
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
11/15/23 and paid on 11/15/23 and approve the checks issued for payroll
11/1/23 - 11/15/23 and paid on 11/20/23, all audited by the Committee
of the Whole on 11/21/23.
SUMMARY:
Approval of payment of the bills received through: 11/15/23
and paid 11/15/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
11/15/23 Wire Transfers 9926 9945 $2,705,750.56
11/15/23 Regular Checks 774117 774440 $5,025,117.95
11/15/23 Payment Plus 105472 105514 $108,269.07
Void Checks $0.00
Void Payment Plus $0.00
11/15/23 Use Tax Payable $6,702.59
Total Accounts Payable: $7,845,840.17
Approval of checks issued for Payroll: 11/1123-11/15/23
and paid 11/20/23
Date Document Numbers Amount
11/20/23 Checks $2,406,616.01
Voids and Reissues $0.00
11/20/23 Advices FR&P 463646 463652 $4,370.65
Total Payroll: $2,410,986.66
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
11/21/23 Committee of the Whole MOTION PASSES
Packet Pg. 34
8.B
RESULT: MOTION PASSES [UNANIMOUS]Next: 12/12/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 35
8.0
KENT
Wn 1 c N
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Michaud - Approve
MOTION: I move to approve an excused absence for Councilmember
Michaud for the meeting of December 12, 2023.
SUMMARY: Councilmember Michaud is unable to attend the City Council meeting
of December 12, 2023, and has requested an excused absence.
Packet Pg. 36
8.D
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: NeoGov Subscription Renewal - Authorize
MOTION: I move to authorize the Mayor to sign a subscription renewal
with NeoGov in the amount of $64,637.54, subject to final terms and
conditions acceptable to the IT Director and City Attorney; to authorize the
IT Director to sign future renewals that are within established budgets;
and to ratify past actions consistent with this motion.
SUMMARY: NeoGov currently provides the City a Learning Management System,
Public Sector Job Board (Govern mentjobs.com), and Insight for Applicant Tracking.
The original agreement with NeoGov was executed in 2011 and it has been
renewed each year. Additionally, between 2011 and 2020, the City added several
new modules including Performance, Learning Management System, and Single
SignOn.
Through the years, some renewals were authorized without the requisite authority.
Staff asks Council to authorize the upcoming renewal for 2024, to authorize any
future renewals within established budgets, and to ratify past actions. With this
renewal of $64,637.54, the City will have spent $526,844.26 on NeoGov since
2011. The terms of the original 2011 contract are still in place.
BUDGET IMPACT: This need of approximately $65,000.00 annually is being
funded by the IT Operating and Maintenance budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Exhibit 1 - 2011 Govern mentjobs-Original Contract-ES11-246 (PDF)
2. Exhibit 2 - Govern mentjobs-INV38437-PO 167010 (PDF)
11/21/23 Committee of the Whole MOTION PASSES
Packet Pg. 37
8.D
RESULT: MOTION PASSES [UNANIMOUS]Next: 12/12/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 38
M �
Service Agreement
THIS ON-LINE SERVICES AGREEMENT(this"Agreement")is made and entered into this 1st day ofAugust,2011, N
by and between GovernmentJobs.com, Inc., a California corporation (d/b;a"NEOGOV"), and the City of Kent, L
Washington a public entity acting by and through its duly appointed representative("Customer"). t
1. Provision of On-line Services. Q
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(a) Customer hereby engages NEOGOV,and NEOGOV hereby agrees(subject to the terms and conditions set forth
herein),to provide the services(the"Services")more fully described in this Agreement and in Exhibit A(Order Form).
Customer hereby acknowledges and agrees that NEOGOV's provision and performance ofthe Services is dependent and
conditioned upon Customer's full performance of its duties,obligations and responsibilities hereunder c
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2. Additional NEOGOV Responsibilities.In connection with the performance ofthis Agreement,NEOGOV shall be
responsible for the following N
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(a) NEOGOV shall provide all required hosting and operations support for the applications provided through this >
agreement CD
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(b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support, Z
maintenance and other services to Customer more fully described in this Agreement. a,
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3. Customer Responsibilities In connection with the performance ofthis Agreement and the provision of the Services,
Customer shall be responsible for the following. (D
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(a) NEOGOV's logos,including the"powered by"logo,may appear on the"employment opportunities","job r
description"and other pages of Customer's web site. w
(b) Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's L
other obligations hereunder comply with all laws applicable to Customer. o
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(c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all
records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system
4. Ownership.Protection and Security. O
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(a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed on and through °
NEOGOV's system(s) a�i
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(b) Ownership of any graphics, text, data or other information or content materials and all records and databases °
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supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s)described in >
this agreement shall remain with Customer,and NEOGOV shall cease use of all such material upon termmation of this C9
Agreement
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(c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any `�
licenses or other rights with respect to NEOGOV's software system(source code or object code)other than the right to r
receive Services as expressly provided herein NEOGOV shall retain all ownership in the intellectual property and all
other proprietary rights and interests associated with NEOGOV's software system and Services and all components t
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thereof and associated documentation,except as expressly provided herein w
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(d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV's
trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links t
NEOGOV, Inc Proprietary and Confidential Page 1 of 8
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Packet Pg. 39
solely as permitted hereunder All uses of such trademarks and logos shall conform to Customer's standard guidelines
and requirements for use of such trademarks and logos
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5. NEOGOV Representations and Warranties. N
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(a) Service Performance Warranty NEOGOV warrants that it will perform the Services in a manner consistent with
industry standards reasonably applicable to the performance thereof Q
(b) No Other Warranty EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5,THE 3
SERVICES ARE PROVIDED ON AN"AS IS"BASIS,AND CUSTOMER'S USE OF THE SERVICES IS AT ITS CD
OWN RISK NEOGOV DOES NOT MAKE,AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF c
MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT AND TITLE.AND .2
ANY WARRANTIES ARISING FROM A COURSE OF DEALING,USAGE,OR TRADE PRACTICE NEOGOV Q'
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(c) Disclaimer of Actions Caused by andlor Under the Control of Third Parties NEOGOV DOES NOT AND c
CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS
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OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET Z
SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES AT TIMES,ACTIONS OR INACTIONS OF
SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET(OR ti
PORTIONS THEREOF) ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO v
TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV
CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR ACCORDINGLY,NEOGOV DISCLAIMS N
ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS
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6 Publicit-f Following execution of this Agreement, the parties hereto may issue a press release, the form and w
substance of which shall be mutually agreeable to the parties,announcing the relationship created by this Agreement 0
Except as expressly contemplated herein,neither party shall issue any additional press release which mentions the other
party or the transactions contemplated by th is Agreement without the prior consent ofthe other party,which consent shall p
not be unreasonably withheld. v
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7 Nondisclosure Through exercise of each parry's rights under this Agreement,each party may be exposed to the
other party's technical, financial, business. marketing, planning, and other information and data, in written, oral, 0
electronic,magnetic,photographic and,'or other forms,including but not limitedto(i)oral and written communications of rn
one party with the officers and staff ofthe other party which are marked or identified as confidential or secret or similarly a
marked or identified and(n)other communications which a reasonable person would recognize from the surrounding
facts and circumstances to be confidential or secret("Confidential information")and trade secrets In recognition of the d
other party's need to protect its legitimate business interests,each party hereby covenants and agrees that it shall regard =
and treat each item of information or data constituting a trade secret or Confidential Information of the other party as >
strictly confidential and wholly owned by such other party and that it will not,without the express prior written consent of 0
the other party or except as required by law including the Public Records Act of the State of Washington,redistribute,
market,publish,disclose or divulge to any other person,firm or entity,or use or modify for use,directly or indirectly in
anyway for any person or entity (i)any of the other parry's Confidential Information during the term of this Agreement
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and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services '
(including any warranty work)are performed by the disclosing party hereunder,and(ii)any of the other party's trade
secrets at any time during which such information shall constitute a trade secret under applicable law
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NEOGOV, Inc Proprietary and Confidential Page 2 of 8
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infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or
infringement relates to any third party software incorporated into NEOGOV's applications),NEOGOV will defend such
action at its expense and will pay any and all fees.costs or damages that may be finally awarded in such action or any
settlement resulting from such action(provided that Customer shall permit NEOGOV to control the defense of such N
action and shall not make any compromise,admission of liability or settlement or take any other action impairing the 0
defense of such claim without NEOGOV's prior written approval)
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(b) Customer acknowledges and agrees:(i)that NEOGOV has no proprietary,financial,or other interest in the goods or '
services that maybe described in or offered through Customer's web site,and(it)that except with respect to any material 3
supplied by NEOGOV,Customer is solely responsible(as between NEOGOV and Customer)for the content,quality,
performance,and all other aspects of the goods or services and the information or other content contained in or provided tY
through Customer's web site c
(c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT,NEOGOV
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DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY,EITHER N
EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF .0
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE
SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY c
OTHER PERSON OR ENTITY,UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, O
FOR CONSEQUENTIAL OR INDIRECT DAMAGES,INCLUDING,WITHOUT LIMITATION,LOSS OF Z
PROFIT,LOSS OF USE OR BUSINESS STOPPAGE.
(d) Under no circumstances shall NEOGOV's total liability to Customer or any other person,regardless of the nature of M
the claim or form of action(whether arising in contract,tort,strict liability or otherwise),exceed the aggregate amount of
fees and revenue received by NEOGOV hereunder for the prior twelve(12)month period,provided,however that the N
foregoing limitations set forth in this Section 8(d)shall not apply to actions brought under 8(a)above or to any injury to r
persons or damages to property arising out of NEOGOV's gross negligence or willful,gross misconduct
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(a) This Agreement shall commence as of the date hereof and remain in effect for twelve(12)months unless terminated o
by either party as set forth herein("Initial Term") U
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provided Customer notifies NEOGOV at least thirty(30)days prior to the end of the Initial Term or a Renewal Term O
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(c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become o
illegal or contrary to any applicable law,rule,regulation or public policy Each party shall have the right to terminate this
Agreement upon sixty(60)days prior written notice to the other party (D
(d) Within sixty(60)days of notification of termination of this Agreement,NEOGOV shall provide Customer with a
dedicated data files suitable for importation into commercially available database software(e g,MS-Access or MS-SQL) 0
The dedicated data files will be comprised of Customer's data contained in NEOGOV's system The structure of the
relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV
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10 Payments.
(a)Initial Term See Exhibit A(Order Form) w
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modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect If there is an
increase in annual maintenance and support charges,NEOGOV shall give Customer wntten notice of such increase at
least thirty(30)days prior to the expiration of the applicable term
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Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances
or events beyond NEOGOV's reasonable control,including,without limitation (i)acts of God,(n)changes in or in the Q
interpretation of any law,rule,regulation or ordinance,(m)strikes,lockouts or other labor problems,(iv)transportation
delays,(v)unavailability of supplies or materials,(vi)fire or explosion,(vu)riot,military action or usurped power.or
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purchase the services specified herein inaccordance with the prices,terms,and conditions of this agreement It is also .2
understood and agreed that each local entity will establish its own contract with NEOGOV,be invoiced therefrom and Q'
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make its own payments to NEOGOV in accordance with the terms of the contract established between the new w
governmental entity and NEOGOV It is also hereby mutually understood and agreed that Customer is not a legally 3
bound party to any contractual agreement made between NEOGOV and any entity other than Customer CO)
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13 Miscellaneous Either party may not assign its rights or obligations under this Agreement without the prior written a
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consent of the other party. This Agreement may not be modified or amended(and no rights hereunder may be waived) m
except through a written instrument signed by the party to be bound This Agreement constitutes the entire agreement Z
between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with ti
the laws of the State of Washington,without giving effect to conflict of law rules Customer acknowledges and agrees M
that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity.
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Order Form N EQGOvT
EXHIBIT A—ORDER FORM
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Customer: Bill To:
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City of Kent City of Kent a
220 Fourth Ave South 220 Fourth Ave South
Kent,WA 98032 Kent, WA 98032 3
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Contact: Sue Viseth—Human Resources Contact:Becky Fowler,Benefits Manama °
sviseth@,ci kent wa us,253-856-5270 bfowler(a�ci kept wa us 253-856-5290 C
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Quote Date: 7/21/2011 Revision:
Valid To: 8/4/2011 3
Re guested Service Date: TBD Initial Term: 12 Months °
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Order Summary z
Annual Non-- ~
Recurring Recurring
Line Description Cost Cost N
10 Insigbt Ente1prise Edition r
1.1 Subscription License $9,500.00 U)
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1.2 Provisionm 5 000.00
1.3 Trainin $2,500.00
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1.4 GovemmentJobs.com Subscription(Optional) Not Included c
Promotional Discount valid for 2 week contract close: S7 500.00 _v
Sub Total: $9.500.001 $00.00
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Order Total: S9 500.00 •a'
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More detailed descriptions of the services are contained in the order detail for each service which are incorporated
herein and made a part hereof by this reference °
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Order Form
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Order Detail
1.0 Insight Enterprise Edition
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1.1 License Subscription o
The Customer's subscription to the Insight Hiring Management Software includes the
following functionality a
Recruitment
• Customized online fob application
• Accept job applications online
• Online applications integration with current agency website o j
• Online job announcements and descriptions a
• Automatic online job interest cards
• Proactively search your applicant database
• Real-time database of all applicant information cn
• Recruitment and examination planning c
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• Create, store, and reuse supplemental questions in the Insight item bank Z
• Screen applicants automatically as they apply
• Define unique scoring plans per recruitment, or copy existing scoring plans M
• Test Item bank (optional in TMS)
• Conduct item analysis
• Test processing (automatically input Scantron test data sheets)* r
• Test analysis and pass-point setting U)
• Score, rank, and refer applicants w
Applicant Tracking r
• Email and hardcopy notifications o
• EEO Data collection and reports
• Track applicants by step/hurdle
• Schedule written, oral, and other exams E►
• Detailed applicant history record p
• Skills tracking and matching y
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Reporting and Analysis
• Collect and report on EEO data °'
• Analyze and report on adverse impact and applicant flow c
• Track and analyze data such as time-to-hire, recruitment costs, staff workload,
applicant quality, etc
• Over 80 standard system reports
• Ad Hoc reporting tool c
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Order Form NEOGOV TM
Additionally, during the term of the subscription, the Customer will be provided
Unlimited Customer Support(6:00 AM—6:00 PM PT)
Customer Support shall be provided to the Customer both on-line and by telephone N
Monday—Friday, 6 00 AM—6 00 PM PT(excluding NEOGOV holidays)
Product Upgrades to Licensed Software
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Customer shall receive all product upgrades to purchased package Product upgrades are
automatic and available upon the next login following a product upgrade rollout Product
upgrade rollouts are generally released every three months
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1.2 Provisioning
The following activities are conducted as part of the Insight Enterprise implementation
• Conduct a project kick off meeting to review the protect timeline, deliverables, and y
establish protect expectations
• NEOGOV will establish an Agency-specific training environment that will be used aa)
during training and post-training to allow the Agency to learn the system and begin Z
defining new roles, responsibilities, and activities within the HR staff
• NEOGOV will provide all required user exercises and user guides to the Agency. M
• Once the core user community is comfortable with the system (typically within 10 hours N
of hands-on use)they will train the remaining HR staff to complete their tasks using r
Insight U)
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• Between the training and go-live, NEOGOV will complete the following activities
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o Creating an agency-specific training environment which is used by your agency
during training and afterwards to train in prior to moving into production 0
o Configure printable job bulletin
o Integrate your new production job opportunities, promotional opportunities, and
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o Establish the Agency's Insight Enterprise production environment o
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exercises and user guides to the Agency
Following the training,your agency will have full access to the training environment. N
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training to help new users fully utilize Insight Our existing customers find that this unique
implementation approach enables their users to become familiar with Insight in a safe 9
environment, promoting system use and leading to a more successful rollout x
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Order Form NEOGOV"
Order Form Terms and Conditions: N
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(1) The Customer hereby orders and GovemmentJobs com, Inc (d/b/a NEOGOV, Inc , a
hereafter"NEOGOV") agrees to provide the services described in this Order Form THE ,
SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS
ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE 3
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(2) The Customer agrees that the payment schedule is as follows c
Provide all required software and Licenses a
• One hundred percent(100%) of the annual license price is payable within thirty(30) days
of execution of this Order Form and Service Agreement ($9,500 00) y
(3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed c
by authorized representatives of both parties o
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(4) Changes or alterations to this Order Form will not be accepted Z
THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY M
DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT
BETWEEN THE CUSTOMER AND NEOGOV.
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DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT
& ORDER FORM IN ITS ENTIRETY YOUR SIGNATURE BELOW INDICATES THAT YOU w
HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS
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Signature: O'er- °'
Jami Pe , Mayor Pro Ternc
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Customer NEOGOV, Inc.
Signature �Jd ` ( Signature
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Print Name Sue Viseth Print Name Swtt L,,e aNrnp a r
Title Employee Services Director Title pr�siolen t
Date. August 1, 2011 Date 7,0if
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® REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASHINGTON C5, i
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Received: R EC I EL) City ui Ken! L
Approval of City AttorA* 15 2011 ffiiCe of t112 I•ll �,+et
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Date Returned:
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�NEOGOV
Invoice # INV-38437
From Invoice Summary
Governmentjobs.com, Inc. DBA NEOGOV Invoice Number INV-38437
2120 Park PI, N
Suite 100 Date 12/01/2023 0
El Segundo, CA 90245
Terms Net 30
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Bill To Due Date 12/31/2023 '
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Kent, City of(WA)
Amount Due (USD) $ 64,637.54
220 4th Ave South
Kent, WA 98032-5895
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Item /Description Total N
Govern m entjobs.com 2,980.00 cn
This is your subscription fee for Govern m entjobs.com for the term starting 01/01/2024 and ending c
12/31/2024. o
Learn 34,363.33 z
This is your subscription fee for Learn for the term starting 01/01/2024 and ending 12/31/2024. Q;
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Insight 17,273.82 M
This is your subscription fee for Insight for the term starting 01/01/2024 and ending 12/31/2024. c
Employee Import into PE/ON (SFTP) 4,090.88
This is your subscription fee for Employee Import into PE/ON (SFTP) for the term starting 01/01/2024 C°r
and ending 12/31/2024. O
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Sales Tax (WA) (409) 5,929.51 ti
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Amount Due (USD) $ 64,637.54 >
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Thank you for your business!
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For questions, or pay by credit card, please reply to this email or reach out to billing@neogov.com. For questions on
a renewals invoice, please reach out to renewals@neogov.com. E
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Please make checks payable to:
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Governmentjobs.com, Inc O
DEPT LA 25067 N
Pasadena, CA 91185-5067
For Payments by Wire: x
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Silicon Valley Bank r
Account #: 3302022848
Account Name: Governmentjobs.com, Inc. E
Bank Routing No.: 121140399
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Swift Code: SVBUS6SIBO Q
For a copy of our W9, please click on "Download W9" above.
Packet Pg. 48
Invoice powered by Maxio. LLC.Subscription Management for 13213 SaaS
8.E
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Ordinance Amending Chapter 9.38 of the Kent City Code
Relating to Parking Restrictions in the Panther Lake Area -
Adopt
MOTION: I move to adopt Ordinance No. 4480, amending sections in
Chapter 9.38 of the Kent City Code, relating to parking restrictions in the
Panther Lake area.
SUMMARY: Several arterial streets in the Panther Lake Annexation Area were not
included in the parking restrictions listed in section 9.38.020 of the Kent City Code
(KCC). It is often not desirable to allow parking on arterial streets, even those with
less than four lanes since arterials typically have heavier traffic volumes and higher
operating speeds than other streets. This ordinance adds several new parking
restrictions on the arterial streets listed below, each with less than four lanes and
posted speed limits of 35 mph or higher:
116th Avenue Southeast - extend existing restriction north from Southeast
227th Place to Southeast 208th Street.
124th Avenue Southeast - from Southeast 192nd Street to Southeast 208th
Street.
132nd Avenue Southeast - extend north to Lake Youngs Way Southeast.
Southeast Lake Youngs Way - from Southeast 132nd Avenue to the north city
limits 400 feet southwest of Soos Creek.
Southeast 192nd Street - from the west city limits at 108th Avenue Southeast to
the east city limits at 124th Avenue Southeast.
Southeast 196th Street - from the west city limits at 108th Avenue Southeast to
124th Avenue Southeast.
Southeast 208th Street - from 132nd Ave Southeast to the east city limits 580
feet east of 135th Avenue Southeast.
BUDGET IMPACT: Existing Street funds will be used to install signs.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Packet Pg. 49
8.E
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Panther Lake EX - PLAA New Parking Restrictions Map (PDF)
2. 4480 - Panther Lake Parking Ordinance - KCC 9.38 (PDF)
11/21/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 12/12/2023
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
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ORDINANCE NO. 4480 a.
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.38 of
the Kent City Code entitled "Parking" to prohibit
parking on several arterial streets in the Panther
Lake annexation area and to update an outdated Y
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RECITALS
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A. The Kent City Code ("KCC") prohibits parking on all four-lane
highways or arterials unless otherwise marked, and many arterials with less
than four lanes. Parking on arterials is undesirable due to heavy traffic
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volumes and higher posted speed limits than other roads.
B. After the Panther Lake area was annexed into the City, some M
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of the arterials with heavy traffic volumes and higher speed limits, but less U
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than four lanes, were not identified as No Parking Zones in Section 9.38.020 Y
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of the KCC. Accordingly, this ordinance adds several arterial streets within
the Panther Lake annexation area to KCC 9.38.020.
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C. This ordinance also corrects a reference in Section 9.38.145 of 0
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the KCC to Section 8.09.020 regarding the definition of "recreationala.
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vehicle."
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a
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1 Amend KCC 9.38 -
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Re: Parking E
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ORDINANCE a
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SECTION 1. - Amendment - KCC 9.38.020. Section 9.38.020 of the
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Kent City Code, entitled "No parking zones", is amended as follows:
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Sec. 9.38.020. No parking zones.
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A. At such time as the traffic engineer shall place the appropriate sign or 0
signs, it shall be illegal to park any motor vehicle or other vehicle, as those
terms are defined in Chapter 46.04 RCW, at any time upon and on either
side of, unless otherwise indicated, the following roadways or portions Y
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thereof: a.
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1. 1st Avenue North: from the intersection of West James Street a�
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to the north end of 1st Avenue North, east side only.
2. 1st Avenue North: from West James Street to West Smith
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Street, east side only.
3. 2nd Avenue North: from West Smith Street to West Harrison E
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4. 2nd Avenue North: from South 228th Street to south end of
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street. "'
5. 3rd Avenue South: from 940 feet south of West Crow Street to
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South 259th Street.
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6. 4th Avenue North and South: from SR 516/West Willis Street c
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to South 228th Street.
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7. 5th Avenue North: from West James Street to north end of 5th 0'
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8. 6th Avenue North: from South 228th Street to south end of �
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9. 6th Avenue South: from West Meeker Street to West Gowe
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10. 25th Avenue South: from 330 feet south of South 260th Street
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to south end of street. Y
11. 26th Avenue South: both sides from South 272nd Street to 500 L
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feet north of South 272nd Street and on 26th Avenue South from South c
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272nd Street to end of 26th Avenue South, east side only. a
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12. 27th Avenue South: from South 240th Street to end of 27th C
Avenue South. c
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13. 27th Place South: from South 259th Place north to South 256th
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Street.
14. 28th Avenue South: from South 240th Street to end of 28th
Avenue South. a
15. 30th Avenue South: from South 240th Street to Kent-Des °
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Moines Road (SR 516).
16. 36th Place South: from South 272nd Street to 35th Lane South. w
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17. 42nd Avenue South: from Reith Road to South 260th Street.
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18. 43rd Avenue South: the cul-de-sac north of 42nd Place South a
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and the attached spur road to the north.
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19. 54th Avenue South: from South 228th Street to South 226th CO
Street.
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20. 58th Place South: from Russell Road to South 194th Street. U
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21. 58th Place South: from South 226th Street to south end of 58th Y
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Place South.
22. 62nd Avenue South: from South 190th Street to South 196th
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Street.
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23. 64th Avenue South: from south end of road to South 212th Y
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24. 66th Avenue South: from South 196th Street to South 190th
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25. 72nd/70th Avenue South: from South 228th Street to South a
180th Street (43rd Avenue South). 00
3 Amend KCC 9.38 -
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Re: Parking E
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Packet Pg. 54
8.E.b
26. 72nd Avenue South: from South 262nd Street to South 277th
L
Q
Street. Y
27. 74th Avenue South: from South 259th Street to West Willis L
W
Street (SR 516). c
28. 76th Avenue South: from South 228th Street to South 212th a
a�
Street.
c
29. 77th Avenue South: from South 212th Street to north end of c
0
road.
L
30. 80th Avenue South: from South 180th Street (43rd Avenue
South) to South 196th Street, and 80th Avenue South from South 200th
Street to South 208th Street. a
31. 80th Place South: from 80th Avenue South to 84th Avenue °
r
South. r
32. 81st Avenue South: from South 200th Street to South 196th
Street.
c
33. 83rd Avenue South: from South 228th Street to South 224th a
L
O
Street.
0
34. 84th Avenue South/East Valley Highway/Central Avenue M
North/Central Avenue South: from South 180th Street (43rd Avenue South) M
CD
to the Green River Bridge. U
U
35. 88th Avenue South: from East James Street to South 218th Y
am
Street.
36. 92nd Avenue South: from South 222nd Street to south end of
L
street.
37. 93rd Court South: from north end of street to South 243rda.
Y
Street, east side only.
38. 94th Avenue South: from Canyon Drive to South 240th Street.
L
39. 97th Place South: from Canyon Drive to 100th Avenue E
Southeast. a
0
0
v
4 Amend KCC 9.38 -
a�
Re: Parking E
c�
Q
Packet Pg. 55
8.E.b
40. 100th Avenue Southeast: from Southeast 248th Street to
L
Q
Southeast 218th Street. Y
41. 101st Avenue Southeast: from Southeast 256th Street (SR L
a�
516) to Southeast 260th Street.
42. 102nd Avenue Southeast: from Southeast 240th Street to the a
a�
north end of 102nd Avenue Southeast.
43. 104th Avenue Southeast (SR 515): from Southeast 272nd o
Street to north city limits.
L
44. 108th Avenue Southeast: from Southeast 281st Street to Kent-
Kangley Road (SR 516).
45. 108th Avenue Southeast: from Southeast 244th Street to a
Southeast 236th Place. °
r
46. 109th Avenue Southeast: from Southeast 256th Street to
Southeast 248th Street.
47. 110th Place Southeast: from Southeast 201st Place to
c
Southeast 202nd Lane. �a
L
0
48. 110th Terrace Southeast: from Southeast 201st Street to
0
Southeast 202nd Lane. M
49. 111th Ave Southeast: from Southeast 203rd Place to Southeast M
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204th Place, west side only. U
U
50. 111th Way Southeast: from Southeast 200th Street to Y
U
Southeast 202nd Court, east side only.
51. 111th Way Southeast: from Southeast 202nd Court to
L
Southeast 203rd Place, west side only. 0,
52. 112th Avenue Southeast: from south end of 112th Avenue Y
a.
Southeast to Southeast 232nd Street.
53. 113th Avenue Southeast: from Southeast 193rd Place to
L
Southeast 194th Place.
54. 113th Place Southeast: from Southeast 193rd Place to a
Southeast 194th Place. 00
5 Amend KCC 9.38 -
a�
Re: Parking E
c�
Q
Packet Pg. 56
8.E.b
55. 113th Place Southeast: from Southeast 194th Place to
L
Q
Southeast 196th Street, east side only. Y
56. 114th Avenue Southeast: from Kent-Kangley Road to south L
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end of street. 5
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M
57. 114th Place Southeast: from Southeast 193rd Terrace to a
d
C
Southeast 195th Place. C
58. 115th Place Southeast: from north end of street to Southeast c
0
195th Place.
L
59. 116th Avenue Southeast: from Southeast 227th Place 208th
Street to Southeast 274th Way.
a.
Seutheast256th StFeet, west side only. ai
601. 117th Avenue Southeast: from Southeast 244th Street to end
of street.
61-2. 118th Avenue Southeast: from Southeast 244th Street to the
c
north end of street. a
L
623. 119th Avenue Southeast: from Southeast 244th Street to the
0
north end of street. CO
634. 119th Avenue Southeast/119th Place Southeast: from M
Southeast 244th Street to Southeast 244th Street. U
U
64-5. 120th Avenue Southeast: from the gate on Southeast 268th Y
U
Street to Southeast 270th Street, north and east sides only.
65. 124th Avenue Southeast: from Southeast 192nd Street to
L
Southeast 208th Street.
66. 124th Avenue Southeast: from Southeast 248th Street toa.
Y
Southeast 282nd Street.
67. 128th Avenue Southeast: from Southeast 226th Place to
L
Southeast 227th Street, west side only.
a
0
0
v
6 Amend KCC 9.38 -
a�
Re: Parking E
c�
Q
Packet Pg. 57
8.E.b
68. 128th Avenue Southeast/Southeast 227th Street: on the curve i
a
from 128th Avenue Southeast to Southeast 227th Street, northeast side Y
only. L
a�
69. 128th Place Southeast: from Southeast 226th Place to
Southeast 227th Street, east side only. a
a�
70. 129th Place Southeast: from 70 feet north of Southeast 225th
Court to Southeast 225th Court, west side only. o
71. 129th Place Southeast: from 120 feet south of Southeast 225th
L
Court to Southeast 226th Place, east side only.
72. 129th Place Southeast: from Southeast 226th Place to 185 feet
north of end of road, west side only. a
73. 131st Place Southeast: from SE 218th Street to the south end °
r
of the street. r
74. 132nd Avenue Southeast: from Seutheast236th StFe Lake W
a)
Youngs Wax to the south city limits at Southeast 288th Street.
c
75. 132nd Place Southeast: from Southeast 227th Street to a
L
Southeast 227th Place, east side only.
0
0
76. 133rd Avenue Southeast: from Southeast 224th Street to
Southeast 224th Place, west side only. M
77. 133rd Place Southeast: from Southeast 226th Street to L)
U
Southeast 227th Street, west side only. Y
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78. 134th Place Southeast: from Southeast 224th Place to
Southeast 225th Place, east side only.
L
79. 134th Place Southeast: from Southeast 227th Street to
a�
Southeast 227th Place, east side only. Y
80. 135th Avenue Southeast: from Southeast 252nd Street to a)
Southeast 253rd Place, west side only.
L
81. 140th Avenue Southeast: from Southeast 256th Street to
Southeast 260th Street. a
0
0
v
7 Amend KCC 9.38 -
a�
Re: Parking E
c�
Q
Packet Pg. 58
8.E.b
82. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to i
a
Southeast 288th Street. Y
83. 148th Avenue Southeast: from Southeast 256th Street to L
W
Southeast 240th Street. c
84. 148th Avenue Southeast/152nd Way Southeast: from north .
city boat ramp to Kent-Kangley Road (SR 516).
85. 152nd Avenue Southeast/152nd Way Southeast: from Kent- o
Kangley Road (SR 516) to SR 18.
L
86. Alder Lane/South 262nd Street: from Central Avenue South to
500 feet east of Central Avenue South.
87. Cambridge Way: 200 feet south of South 262nd Street, west a
side only. °
88. East Canyon Drive: from Hazel Avenue North to 101st Avenue
Southeast.
89. East Gowe Street/West Gowe Street: from Railroad Avenue
c
South to 1st Avenue South. �a
L
O
90. East Gowe Street: from Railroad Avenue South to Central
0
Avenue South, south side only, and from Central Avenue South to M
Kennebeck Avenue South. M
CD
91. East Harrison Street: from 140 feet west of 4th Avenue North U
U
to 4th Avenue North, south side only. Y
a�
92. East Meeker Street/West Meeker Street: from Railroad Avenue c
South to 1st Avenue South.
L
93. East Pioneer Street: from 170 feet east of Central Avenue to
a�
State Avenue, south side only, and from Central Avenue South to 200 feeta.
Y
east of Central Avenue, north side only.
94. East Pioneer Street: from Railroad Avenue North to Central
L
Avenue North.
c
95. East Titus Street: from 3rd Avenue South to 4th Avenue South, a
north side only; police vehicle parking only. 00
8 Amend KCC 9.38 -
a�
Re: Parking E
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Packet Pg. 59
8.E.b
96. East Titus Street: from West Gowe Street to Reiten Road South, i
a
southeast side only. Y
97. East Titus Street/West Titus Street: from Railroad Avenue J
L
South to 1st Avenue South.
W
98. East Titus Street: from East Smith Street to Reiten Road South. a
a)
C
99. Frager Road South: from West Meeker Street to South 204th C
Street. c
0
100. Green River Road: from the north city limits to a point 600 feet
L
♦+
southerly of the north city limits.
101. Green River Road: from a point 700 feet southerly of the north
city limits to a point 810 feet southerly of the north city limits, west side a
only.
102. Green River Road: from a point 790 feet southerly of the north
city limits to a point 885 feet southerly of the north city limits, east side
only.
c
103. Green River Road: from a point 770 feet northerly of the south
0
city limits to a point 200 feet northerly of the south city limits, west side
0
CO
only.
104. Green River Road: from a point 775 feet northerly of the south M
CD
city limits to the south city limits, east side only. U
U
105. Green River Road: from a point 50 feet northerly of the south Y
city limits to the south city limits, west side only.
106. Interurban Trail Street: from Meeker Street to Smith Street.
L
107. Kennebeck Avenue South: from East Smith Street to East Ward 0
a�
Street. Y
L
a.
108. Lake Fenwick Road: from South Reith Road to South 272nd
Street.
L
109. Lakeside Boulevard East: from South 240th Street to South
C
cc
228th Street. a
0
0
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9 Amend KCC 9.38 -
a�
Re: Parking E
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Q
Packet Pg. 60
8.E.b
110. Lakeside Boulevard West: from Lakeside Boulevard East to
L
Q
South 228th Street. Y
111. Landing Way: from 64th Avenue South to West Valley Highway. L
a�
112. Lincoln Avenue North: from West Meeker Street to West James
Street. a
a�
113. Maple Street South: from Woodland Way South to Garfield
Avenue South, south side only. o
114. Military Road South/36th Avenue South/Military Road South:
L
from South 228th Street to South 272nd Street.
115. Novak Lane: from Central Avenue to west end of street.
116. Ramsay Way: from 4th Avenue North to 230 feet east of 4th a
Avenue North. °
r
117. Ramsay Way: from 350 feet east of 4th Avenue North to 440
feet east of 4th Avenue North, south side only.
118. Ramsay Way: from 350 feet east of 4th Avenue North to 480 r-
c
feet east of 4th Avenue North, north side only.
119. Ramsay Way: from 520 feet east of 4th Avenue North to 150
0
feet north of West Temperance Street. M
120. Ramsay Way: from West Temperance Street to West Smith M
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Street. L)
U
121. Riverview Boulevard: from South 216th Street to South 232nd Y
am
Street.
122. Russell Road South: from end of street at Green River Trail to
L
West James Street.
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123. Russell Road South: from South 228th Street to South 212tha.
Y
Street.
124. South 188th Street: from West Valley Highway (SR 181) to
L
72nd Avenue South, and South 188th Street from a point 960 feet west of
80th Avenue South westerly to the end of the street at the BNSF Railway a
Company tracks. 00
10 Amend KCC 9.38 -
a�
Re: Parking E
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Packet Pg. 61
8.E.b
125. South 190th Street: from West Valley Highway to 72nd Avenue i
Q
South. Y
126. South 192nd Street: from the west end of the road to 84th L
W
Avenue South. c
127. South 194th Street: from 58th Place South to 66th Avenue a
a�
South.
c
128. South 194th Street: from 84th Avenue South to west end of c
0
street at BNSF Railway Company tracks.
L
129. South 196th Street/Russell Road/South 200th Street: from
84th Avenue South to the Green River.
130. South 200th Street: from 80th Avenue South to 84th Avenue a
South.
131. South 202nd Street: from 80th Avenue South to west end of
street at BNSF Railway Company tracks.
as
132. South 203rd Street: from the westerly boundary of Chestnut r-
c
Ridge Park, approximately 600 feet west of 100th Avenue Southeast, to
100th Avenue Southeast, north side only.
0
133. South 204th Street: from West Valley Highway (SR 181) to M
72nd Avenue South. M
CD
134. South 206th Street: from 72nd Avenue South to 77th Avenue
U
South. Y
m
135. South 208th Street: from 80th Avenue South to west end of
street at BNSF Railway Company tracks.
L
136. South 208th Street: from 84th Avenue South to 96th Avenue
a�
South. Y
L
137. South 212th Street: from west city limits to east city limits. a)
138. South 216th Street: from 64th Avenue South to 72nd Avenue
L
South.
139. South 216th Street: from 84th Avenue South to the west end a
at BNSF Railway Company tracks. 00
11 Amend KCC 9.38 -
a�
Re: Parking E
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Q
Packet Pg. 62
8.E.b
140. South 218th Street: from 84th Avenue South to SR 167.
L
Q
141. South 220th Street: from West Valley Highway (SR 181) to Y
72nd Avenue South. L
a�
142. South 222nd Street: from west end at BNSF Railway Company
tracks to SR 167. a
as
143. South 222nd Street: from 92nd Avenue South to 93rd Avenue
South. c
0
144. South 224th Street: from 83rd Avenue South to east end of
L
road.
145. South 226th Street: from 54th Avenue South to 64th Avenue
South. a
146. South 228th Street: from Russell Road South to 83rd Avenue °
r
South. r
147. South 228th Street: from 88th Avenue South to east end of
street, north side only.
148. South 228th Street: from 88th Avenue South to a point 170
0
feet east of 88th Avenue South, south side only.
0
149. South 228th Street: from a point 420 feet east of 88th Avenue M
South to east end of street, south side only. M
CD
150. South 231st Way: from Military Road South to Russell Road
U
South. Y
m
151. South 234th Street: from West Valley Highway to east end of
street.
L
152. South 236th Street: from Lakeside Boulevard East to 64th 0
a�
Avenue South. Y
L
153. South 240th Street: from 27th Avenue South to I-5. 0
Ne
to
154. South 243rd Street: from 93rd Court South to 94th Avenue
L
South, south side only.
155. South 252nd Street: from Canyon Drive (SR 516) to east end a
of road. 00
12 Amend KCC 9.38 -
a�
Re: Parking E
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Q
Packet Pg. 63
8.E.b
156. South 256th Street: from 27th Place Southeast to the traffic a
L
Q
control gate. Y
157. South 259th Street: from 74th Avenue South to east city limits. L
a�
158. South 260th Street/South 259th Place South/Reith Road c
South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR a
a�
516).
c
159. South 268th Street: from Military Road South to Princeton o
Avenue South.
L
160. South 272nd Street: from Lake Fenwick Road South to 42nd
Avenue South, north side only.
161. South 277th Street and Southeast 274th Way: from 700 feet a
east of L Street NE to 116th Avenue Southeast. °
r
162. South Central Place: from South 266th Street to the end of
South Central Place.
163. Southeast 192nd Street: from the west city limits at 108th
Avenue Southeast to the east city limits at 124th Avenue Southeast.
1V3164. Southeast 193rd Place: from 113th Avenue Southeast to
0
00
113th Place Southeast.
1-64165. Southeast 193rd Terrace: from 114th Place Southeast to M
the east end of street. U
U
7-&5166. Southeast 194th Place: from 113th Avenue Southeast to Y
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113th Place Southeast.
4-66167. Southeast 194th Street: from 113th Place Southeast to
L
114th Place Southeast, north side only. 0,
1V7168. Southeast 194th Street: from 114th Place Southeast to Y
a.
115th Place Southeast, south side only.
4-6-9169. Southeast 194th Street: from 115th Place Southeast to
L
116th Avenue Southeast.
1V9170. Southeast 195th Place: from 114th Place Southeast to a
115th Place Southeast. 00
13 Amend KCC 9.38 -
a�
Re: Parking E
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Packet Pg. 64
8.E.b
171. Southeast 196th Street: from the west city limits at 108th i
a
Avenue Southeast to 124th Avenue Southeast. Y
7TII 172. Southeast 200th Street: from 108th Avenue Southeast L
a�
to east end of street, north side only.
1T4173. Southeast 200th Street: from 108th Avenue Southeast a
a�
to a point 280 feet east of 108th Avenue Southeast, south side only.
4-7-2174. Southeast 200th Street: from 400 feet east of 108th c
0
Avenue Southeast to 350 feet west of 111th Way Southeast, south side only.
L
1T3175. Southeast 201st Place: from 110th Place Southeast to
110th Terrace Southeast.
1T4176. Southeast 201st Street: from west end of street to 111th a
Way Southeast. °
a�
1T7177. Southeast 202nd Court: from 111th Way Southeast to
east end of street.
1TV178. Southeast 202nd Lane: from 110th Place Southeast to
c
110th Terrace Southeast. �a
L
1TT179. Southeast 203rd Place: from 111th Avenue Southeast to
0
east end of street, south side only. M
4T8180. Southeast 204th Street: from 108th Avenue Southeast M
CD
to a point 260 feet east of 108th Avenue Southeast, north side only. U
U
7T7181. Southeast 204th Street: from a point 380 feet east of Y
108th Avenue Southeast to east end of street, north side only.
4-89182. Southeast 204th Street: from 108th Avenue Southeast
L
to east end of street, south side only. 0,
183. Southeast 208th Street: from 132nd Ave Southeast to the east Y
city limits 580 feet east of 135th Avenue Southeast. 0
1�1-184. Southeast 211th Street: from 160 feet east of 127th
L
Place Southeast to end of street, north side only.
1�2185. Southeast 220th Street: from a point 115 feet east of a
101st Place Southeast to 103rd Place Southeast. 00
14 Amend KCC 9.38 -
a�
Re: Parking E
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Q
Packet Pg. 65
8.E.b
1-83186. Southeast 224th Place: from 133rd Avenue Southeast to a
L
Q
134th Place Southeast, south side only. Y
4-84187. Southeast 225th Court: from 60 feet south of end of road L
W
to 129th Place Southeast, southwest side only. c
1-&5188. Southeast 225th Place: from 132nd Place Southeast to a
a�
133rd Avenue Southeast, north side only.
1-86189. Southeast 226th Place: from 130 feet east of 127th
0
Avenue Southeast to 128th Avenue Southeast, south side only.
L
1�7190. Southeast 226th Place: from 128th Avenue Southeast to
129th Place Southeast, north side only.
4-&&191. Southeast 227th Street: from 128th Avenue Southeast a
to 128th Place Southeast, south side only. °
507192. Southeast 227th Street/128th Place Southeast: on the
curve from Southeast 227th Street to 128th Place Southeast, northwest side
only.
17II193. Southeast 227th Street: from 132nd Place Southeast to
L
134th Place Southeast, south side only.
0
0
4-9A194. Southeast 236th Street: from 104th Avenue Southeast
(SR 515) to 108th Avenue Southeast, south side only. M
CD
4-9-2195. Southeast 239th Street: from 102nd Avenue Southeast U
U
to 104th Avenue Southeast. Y
in, as
T1J196. Southeast 244th Street: from 120th Avenue Southeast
to 116th Avenue Southeast.
L
4-94197. Southeast 248th Street: from 104th Avenue Southeast
a�
to 116th Avenue Southeast, south side only. a.
Y
4-9-5198. Southeast 248th Street: in front of George Daniels
Elementary School.
L
4-%199. Southeast 252nd Street: from 200 feet west of 133rd
Place Southeast to 135th Avenue Southeast, north side only. a
0
0
v
15 Amend KCC 9.38 -
a�
Re: Parking E
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Packet Pg. 66
8.E.b
147200. Southeast 253rd Place: from 90 feet west of 135th a
L
Q
Avenue Southeast to 136th Avenue East, south side only. Y
149201. Southeast 256th Street: from 101st Avenue Southeast L
W
to 148th Avenue Southeast. c
4-99202. Southeast 260th Street: from 100th Avenue a
a�
Southeast/97th Place South to 108th Avenue Southeast.
240203. Southeast 264th Street: from 124th Avenue Southeast c
0
to 127th Avenue Southeast, north side only.
L
20-1-204. Southeast 267th Street: from 102nd Avenue Southeast
to 104th Avenue Southeast, north side only.
2-9-2205. Southeast 282nd Street: from 132nd Avenue Southeast a
to 144th Avenue Southeast. °
r
a�
206. Southeast Lake Youngs Way: from the northeast city limits 400
feet southwest of Soos Creek to 132nd Avenue Southeast.
243207. SR 99 (Pacific Highway South): from Kent-Des Moines
c
Road (SR 516) to South 272nd Street.
2-04208. West Cloudy Street: from 4th Avenue North to 5th
0
0
Avenue North. M
245209. West Gowe Street: from 6th Avenue South to 300 feet M
CD
east of 6th Avenue South. U
U
2-G6210. West James Street/East James Street/South 240th Y
0
Street/Southeast 240th Street: from Russell Road to 148th Avenue
Southeast.
L
247211. West Meeker Street: from Kent-Des Moines Road (SR 0
a�
516) to 6th Avenue South. a.
Y
248212. West Saar Street: from west end of street to 4th Avenue
South, south side only.
L
2-G9213. West Sam Street: from West Valley Highway (SR
181/Washington Avenue) to end of street. a
0
0
v
16 Amend KCC 9.38 -
a�
Re: Parking E
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Packet Pg. 67
8.E.b
24-G214. West Smith Street/East Smith Street: from 64th Avenue i
Q
South to Jason Avenue South. Y
24-1-215. West Temperance Street: from Ramsay Way to 1st L
a�
Avenue North.
2-1-2216. West Valley Highway South/Washington Avenue South/ .
Washington Avenue North/68th Avenue South: from south city limits to
north city limits. o
2-1-3217. West Willis Street/East Willis Street: from 4th Avenue
L
South to Central Avenue South.
244218. Woodland Way South: from East Maple Street to South
262nd Street. a
0
r
a�
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $50.
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SECTION 2. - Amendment - KCC 9.38.145. Section 9.38.145 of the �a
L
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Kent City Code, entitled "Parking of recreational vehicles, boats or vessels,
0
and trailers", is hereby amended as follows: M
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M
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Sec. 9.38.145. Parking of recreational vehicles, boats or
U
vessels, and trailers. Y
a�
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A. No person shall park any recreational vehicle, boat or vessel, or trailer
L
on any street, highway, roadway, alley, or public right-of-way in any 0,
residential neighborhood in the city for more than 24 hours. For purposes ofa.
Y
this section, the following terms shall have the following prescribed
meanings:
L
1. Boat or vessel shall mean every description of watercraft used
or capable of being used as a means of transportation on the water. a.
2. Recreational vehicle shall be as defined in KCC 8.09.938020(J). 00
17 Amend KCC 9.38 -
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Re: Parking E
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Packet Pg. 68
8.E.b
3. Trailer shall mean every vehicle without motive power designed i
Q
to be drawn by another vehicle and attached to the towing vehicle by means Y
of a hitch or other connector, and ordinarily used for transporting items upon L
a�
public streets and highways.
a.
a�
B. Any violation of this section shall be an infraction and punishable by
a monetary penalty of $50. o
L
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect. o
r
c
SECTION 4. - Corrections by City Clerk or Code Reviser. Upon
as
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or o
references to other local, state, or federal laws, codes, rules, or regulations. o
ti
M
SECTION 5, - Effective Date. This ordinance shall take effect and be M
CD
in force thirty days from and after its passage, as provided by law.
U
Y
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December 12, 2023
DANA RALPH, MAYOR Date Approved
L
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ATTEST: '?
a.
as
December 12, 2023 J
L
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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December 15, 2023 a.
Date Published c
00
IV
18 Amend KCC 9.38 -
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Packet Pg. 69
8.E.b
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY .
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19 Amend KCC 9.38 -
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Packet Pg. 70
8.F
KENT
Wn 1 c N
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments between October 1, 2023 and November 30,
2023 - Adopt
MOTION: I move to adopt Ordinance No. 4481, consolidating budget
adjustments made between October 1, 2023 and November 30, 2023,
reflecting an overall budget increase of $30,527,040.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $30,527,040.
Adjustments totaling $7,700,990 have previously been approved by Council and are
summarized as follows:
$5,689,870 in grants as follows:
• $3,250,340 in King County Grants for the Ruth property ($2m), Morrill
Meadows ($500k), Salt Aire Vista ($338k), Trail Enhancements ($206k) and
Mill Creek at 76th flood protection (206k).
• $683,000 CCPP Grant for Willis Road Diet.
• $500,000 Solar Grant.
• $499,140 DOT Grant for HSIP City Safety Road Diets.
• $472,000 PSRC Grant for Safe Streets for All Action Plan.
• $170,310 LSWFA Recycling Grant.
• $162,500 Periodic Update Grant for the City's Comprehensive Plan.
• $49,750 in Parks Program Grants.
• $(97,170) reduction for unspent funds from the Quiet Zone Grant ($35k) and
Commute Trip Reduction Grant ($62k).
$2,011,120 in other previously approved budget changes as follows:
• $1,750,000 in Sound Transit funds for the Federal Way Link Extension.
• $161,120 for the use of 2023 Opioid Settlement funds.
• $100,000 increase to the City's Art Plan.
The remaining adjustments totaling $22,826,050 have not been previously
approved by Council and include:
Packet Pg. 71
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• $8,000,000 for the transfer ($4m) and use ($4m) of Transportation Impact
Fee funds for the Reith Road Roundabout ($3m) and 224/228 (94th - 104th)
($1m) street projects.
• $7,860,000 for the transfer ($4.8m) and 2023 use ($3m) of General Fund
subsidies to the Insurance Fund for Liability Insurance ($2.3m), Workers
Comp ($2m) and Property Insurance ($500k). The difference between the
transfers and 2023 expense increases will go directly to fund balance in order
to stay compliant with minimum fund balance requirements.
• $3,467,230 for the use of SVOG funds ($700k) by accesso ShoWare and the
transfer of funds from ShoWare's operating account to lifecycle fund balance
($2.8m).
• $1,935,000 for the transfer ($1.4m) and use ($0.5m) of Special Assessment
Debt Service funds for LID 362 (84th Avenue) ($49k) and LID 363 (224th )
($459k). The funds for LID 363 were transferred through PW Administration
representing the additional $918k in transfers ($459k + $459k).
• $512,000 for the use ($128k) of 40% and transfer ($192k) and use ($192k)
of 60% of increased Housing Services Sales Tax ($320k).
• $325,170 for the use of Fee-in-lieu funds for the Green River Trail Head -
Meeker ($126k), Morill Meadows ($114k) and Spring Park Renovation ($85k)
projects.
$250,000 for increased Golf Fee revenues.
• $231,230 Animal Control budget true-up.
$130,990 in miscellaneous Parks project increases.
$120,910 for ECD's contribution to the Comprehensive Plan project.
• $100,000 to recognize Republic's solid waste reimbursement.
• $100,000 for the transfer ($50k) and use ($50k) of General Fund funds for
Golf legal services.
• $75,110 use of 2020-2025 Levy funds for the Community Garden project.
• $(281,590) in ARPA adjustments to recognize actual use of ARPA funds.
This item is being presented to the Committee of the Whole this same night. If
this item does not pass out of Committee unanimously, it will be pulled and
placed on Other Business.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q4 2023 Supp (PDF)
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ORDINANCE No. 4481 a
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AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the p
consolidating budget adjustments made between
October 1, 2023 and November 30, 2023, reflecting E
an overall budget increase of $30,527,040. Cn
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RECITALS m
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A. Expenditures as classified in the final, adopted budget
constitute the City's appropriations for that year. After adoption, there are 0
a variety of events that will precipitate the need to amend the adopted 0
budget, such as grant awards, bonds issuance, collective bargaining o
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agreements, and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance a
amending the original adopted budget. M
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, CD
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Budget t Adjustments. The 2023-2024 biennial budget .21
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is amended to include budget fund adjustments for the fourth quarter of a
2023 from October 1 to November 30, 2023, as summarized and set forth
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in Exhibit A, which is attached and incorporated into this ordinance. Except
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1 2023-2024 Budget Adjustment
Fourth Quarter 2023 1°
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as amended by this ordinance, all terms and provisions of the 2023-2024
biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465, 3
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4472 and 4475, shall remain unchanged. r
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SECTION 2. - Severability. If any one or more section, subsection, W
or sentence of this ordinance is held to be unconstitutional or invalid, such a
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decision shall not affect the validity of the remaining portion of this ordinance '0
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the Code Reviser are E
authorized to make necessary corrections to this ordinance, including the '
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Effective Date. This ordinance shall take effect and be
in force five days after publication, as provided by law. 0
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December 12, 2023 00
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DANA RALPH, MAYOR Date Approved
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December 12, 2023 C*
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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December 15, 2023
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APPROVED AS TO FORM: 3
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TAMMY WHITE, CITY ATTORNEY m
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2 2023-2024 Budget Adjustment
Fourth Quarter 2023 1°
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Exhibit A
City of Kent
Budget Adjustment Ordinance 3
Adjustments October 1, 2023 to November 30, 2023 N
Total F
Fund Title Previously Approval Adjustment
Approved Requested
Ordinance a
General Fund 29,310 4,878,550 4,907,860 0
Street Fund 374,830 4,646,800 5,021,630
Capital Improvement Fund 162,500 120,910 283,410
Criminal Justice Fund 161,120 - 161,120
Human Services Fund - 512,000 512,000 O
City Arts Program Fund 100,000 - 100,000
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ShoWare Operating Fund - 3,467,230 3,467,230 E
Special Assessment Debt Service Fund - 508,100 508,100
Street Capital Projects Fund 2,932,140 4,967,500 7,899,640 Q
Parks Capital Projects Fund 3,064,880 531,270 3,596,150
Other Capital Projects - (29,540) (29,540)
Technology Capital Projects - (283,140) (283,140) M
Facilities Capital Projects - 105,000 105,000
Drainage Operating Fund 205,900 - 205,900 -a
Solid Waste Operating Fund 170,310 100,000 270,310
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Golf Operating Fund - 300,000 300,000 v
Central Services Fund - 26,370 26,370
Facilities Management Fund 500,000 (85,000) 415,000 00
Insurance Funds - 3,060,000 3,060,000
Total 7,700,990 22,826,050 30,527,040 a
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Budget Adjustment Detail for Budget Changes
October 1, 2023 to November 30, 2023
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Approval Previously Not Previously Total 3
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
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General Fund +'
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Parks Program Grants KCC 3.70 29,310 29,310
2023 Animal Control True-up 231,230 231,230 E
Subsidize Workers Comp Fund 5600 2,000,000 2,000,000 to
7
Subsidize Liability Insurance Fund 5600 2,300,000 2,300,000 :a
Subsidize Property Insurance Fund 5600 500,000 500,000 Q
True-up ARPA Project Expenditures 70,210 70,210 C
Reduce ECD Budget to transfer funds to Comp Plan project (120,910) (120,910)
Transfer funds to Comp Plan project 1500 120,910 120,910
t)
Transfer funds to Golf Fund for legal services 4800 50,000 50,000
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Adjust ARPA Position Costs (272,890) (272,890) C
Total General Fund 29,310 4,878,550 4,907,860
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Street Fund +r
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True up Commute Trip Reduction grant for funds not spent 11/2/2023 (61,670) (61,670) d
PSRC Grant for Safe Streets for All Action Plan 7/18/2002 472,000 472,000
Reduce Quiet Zone Grant for unspent funds KCC 3.70 (35,500) (35,500)
Increase for ARPA 2023 Uplift Program 60,000 60,000
PW Admin transfer to LID 363(224th) 3100 459,400 459,400 Q
Move Aerial Imagery project(GIS)to Public Works 3200 127,400 127,400
Move TIF funds to the Reith Road Roundabout project 3100 3,000,000 3,000,000
Move TIF funds to the 224/228(94th- 104th)street project 3100 1,000,000 1,000,000
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Total Street Fund 374,830 4,646,800 5,021,630 m
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Capital Improvement Fund
ECD Comprehensive Plan Periodic Update Grant 11/14/2022 162,500 162,500 M
Establish budget for ECD-funded Comp Plan funds 1000 120,910 120,910 .a
Total Capital Improvement Fund 162FSOO 120,910 283,410 N
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Criminal Justice Fund O
Establish budget for Opioid Settlement funds 8/1/2023 161,120 161,120 V
Total Criminal Justice Fund 161,120 - 161,120 ti
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Human Services Fund
40%of increased Housing Services Sales Tax 128,000 128,000
Transfer 60%of increased Housing Services Sales Tax to project 192,000 192,000 CL
Establish budget for 60%of increased Housing Services Sales Tax 192,000 192,000
Total Human Services Fund - 512,000 512,000
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City Arts Program Fund N
Art Plan budget increase 3/7/2023 100,000 100,000
Total City Arts Program Fund 100,000 - 100,000
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ShoWare Operating Fund C
Use of SVOG funds in Operating Fund 700,000 700,000 C
Transfer of SVOG funds to ShoWare Lifecycle fund balance 2,767,230 2,767,230
Total ShoWare Operating Fund - 3,467,230 3,467,230 Q
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Special Assessment Debt Service Fund
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Transfer funds to LID 362(84th Avenue) 3100 48,700 48,700 E
Transfer funds to LID 363(224th) 3100 459,400 459,400 N
Total Special Assessment Debt Service Fund - 508,100 508,100
Street Capital Projects Fund Q
LID 362(84th Avenue) 2500 48,700 48,700 4)
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LID 363(224th) 2500 459,400 459,400
Transfer of funds to PW Administration to fund LID 363(224th) 1100 459,400 459,400
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Sound Transit funds for Federal Way Link Extension 9/5/2023 1,750,000 1,750,000
DOT Grant for HSIP City Safety Road Diets 8/1/2023 499,140 499,140 C
Use of TIF funds for Reith Road Roundabout project 1100 3,000,000 3,000,000
Use of TIF funds for 224/228(94th-104th)street project 1100 1,000,000 1,000,000
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CCPP Grant for Willis Road Diet 7/18/2023 683,000 683,000 t)
Total Street Capital Projects Fund 2,932,140 4,967,500 7,899,640 r
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Budget Adjustment Detail for Budget Changes
October 1, 2023 to November 30, 2023
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Approval Previously Not Previously Total 3
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
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Parks Capital Projects Fund
Parks Program Grants KCC 3.7 20,440 20,440
King County Grant for Ruth Property 2/7/2023 2,000,000 2,000,000
King County Grant for Salt Aire Vista 3/7/2023 338,000 338,000 N
7
King County Grant for Trail Enhancements 3/7/2023 206,440 206,440 :a
King County Grant for Morill Meadows 3/7/2023 500,000 500,000 Q
Transfer Fee-in-lieu funds to Morill Meadows project 114,300 114,300 i
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Transfer Fee-in-lieu funds to Springwood Park Renovation 84,850 84,850 `-
Transfer Fee-in-lieu funds to Green River Trail Head-Meeker 126,020 126,020 d
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2020-2025 Levy funds to Community Garden project 75,110 75,110
Adjust miscellaneous Parks projects to actuals 130,990 130,990 C
Total Parks Capital Projects Fund 3,064,880 531,270 3,596,150 'a
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Other Capital Projects +�
Adjust ARPA funds for Printshop Upgrade project (29,540) (29,540) y
Total Other Capital Projects - (29,540) (29,540) E
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Technology Capital Projects
Move IT funds to Courtroom Renovation Project 5400 (20,000) (20,000) Q
Adjust ARPA position costs in IT Projects (135,740) (135,740)
Move Aerial Imagery project(GIS)to Public Works 1100 (127,400) (127,400)
Total Technology Capital Projects - (283,140) (283,140)
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Facilities Capital Projects
HVAC Lifecycle funds for IT Annex project 5400 30,000 30,000 E
Move funds from Facilities Management Fund to Police Buildings project 5400 75,000 75,000 M
Total Facilities Capital Projects - 105,000 105,000 .a
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Drainage Operating Fund
KC SROF Grant for Mill Creek at 76th Avenue flood protection 8/1/2023 205,900 205,900 t.0)
Total Drainage Operating Fund 205,900 - 205,900
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Solid Waste Operating Fund 0
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Republic Reimbursement for solid waste 100,000 100,000
LSWFA Recycling Grant 11/21/2023 170,310 170,310
Total Solid Waste Operating Fund 170F310 100,000 270,310 Q-
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Golf Operating Fund
Legal services 1000 50,000 50,000 M
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Increased Green Fees and Driving Range Fees 250,000 250,000 0
Total Golf Operating Fund - 300,000 300,000 cm
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Central Services Fund d
Adjust ARPA position costs for IT 26,370 26,370
Total Central Services Fund - 26,370 26,370 O
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Facilities Management Fund L
Solar Grant 9/19/2023 500,000 500,000 0
Move IT funds to Courtroom Renovation Project 3200 20,000 20,000
HVAC Lifecycle funds for IT Annex project 3500 (30,000) (30,000)
Move funds from Facilities Management Fund to Police Buildings project 3500 (75,000) (75,000) +-
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Total Facilities Management Fund 500,000 (85,000) 415,000 7
Insurance Funds Q
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Workers Compensation-use of funds transferred in from General Fund 1000 1,250,000 1,250,000 4
Liability Insurance-use of funds transferred in from General Fund 1000 1,700,000 1,700,000
Property Insurance-use of funds transferred in from General Fund 1000 100,000 100,000 O
Increase Unemployment Claim Fund Interest Income 10,000 10,000 m
Total Insurance Funds - 3,060,000 3,060,000
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Grand Total All Funds 7,700,990 22,826,050 30,527,040 t
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8.G
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Department of Ecology 2023 — 2025 Solid Waste
Management - Local Solid Waste Financial Assistance
(LSWFA) Grant Agreement — Authorize
MOTION: I move to authorize the Mayor to sign a Grant Agreement with
the Department of Ecology, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The 2023-2025 Department of Ecology Solid Waste Management -
Local Solid Waste Financial Assistance Agreement is a two-year grant that helps
fund residential recycling collection events and cleanup of homeless encampments
on City-owned property. The grant requires a 25% match from the City, which will
be funded by the King County Solid Waste Division's Waste Reduction and Recycling
(WRR) grant, the Hazardous Waste Management Program (HWMP) grant, and the
Drainage Fund when encampment cleanup takes place on sites owned by the
Drainage Utility. Matching funds from the WRR and HWMP grants cannot be used
for encampment cleanup; however, Drainage Utility or property-specific funds will
be used as matching funds, depending on the site.
BUDGET IMPACT: The City will receive $170,307 from the Washington State
Department of Ecology, distributed on a cost basis as tasks are completed. The
required 25% match of $56,769 will come from the WRR grant, the HWMP grant,
project specific funds, or the Drainage Utility Fund as noted in the Summary.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2a. LSWFA - WA_ECOL (PDF)
Packet Pg. 78
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11/21/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 12/12/2023
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 79
DEPARTMENT OF
ECOLOGY
State of Washington
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Agreement No. SWMLSWFA-2023-KentPW-00205 M
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SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
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THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY J
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CITY OF KENT
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This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and CITY OF KENT,hereinafter referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein. 0
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GENERAL INFORMATION
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P&I City of Kent N
Project Title: tY �
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Total Cost: $227,076.33
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Total Eligible Cost: $227,076.00 0
Ecology Share: $170,307.00
Recipient Share: $56,769.00
The Effective Date of this Agreement is: 07/01/2023
The Expiration Date of this Agreement is no later than: 06/30/2025 0
Project Type: Planning&Implementation
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Project Short Description: OJ
RECIPIENT will use$227,076.00 to host residential recycling collection events and to manage waste from homeless w
encampments.As a result,RECIPIENT will divert some 14,333 pounds of household hazardous waste for proper Q�
disposal, 60,000 pounds of organics for beneficial use, 954,000 pounds for recycling or reuse,and properly dispose of
80,000 pounds of waste from about 15 encampments.
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Project Lon�ption: c i
See the Scope of Work section for more detailed information related to individual Tasks.
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Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through Q
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
Packet Pg. 80
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
RECIPIENT INFORMATION
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Organization Name: CITY OF KENT U-
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Federal Tax ID: 91-6001254
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Kent,WA 98032 �
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
Tony Donati
Project Manager
Conservation Coordinator
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Kent,Washington 98032
Email: tdonati@kentwa.gov :2
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Billing Contact Corey Frame d
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Email: cframe@kentwa.gov
Phone: (253) 856-5511 0
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Dana L Ralph c
Authorized Mayor N,
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220 Fourth Ave S w
Kent,Washington 98032 c
Email: dralph@kentwa.gov
Phone: (253) 856-5589
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
ECOLOGY INFORMATION
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Mailing Address: Department of Ecology U-
Solid Waste Management
PO BOX 47600
Olympia,WA 98504-7600
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Physical Address: Solid Waste Management
300 Desmond Drive SE °J
Lacey,WA 98503
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Diana Wadley
Project
Manager
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Shoreline,Washington 98133-9716
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Phone: (425)429-4639
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
AUTHORIZING SIGNATURES
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RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary U)
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for or incidental to the performance of work as set forth in this Agreement.
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RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions CO
of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws, 0
statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, J
and accepts all requirements contained within this Agreement. m
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This Agreement contains the entire understanding between the parties,and there are no other understandings or representations
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other than as set forth, or incorporated by reference,herein.
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No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by M
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and 13
RECIPIENT may change their respective staff contacts without the concurrence of either party. �0
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This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so N
approved. M
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The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement. 0
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Washington State CITY OF KENT coo
Department of Ecology
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By: By: J
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Peter Lyon Date Dana L Ralph Date w�
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Solid Waste Management Mayor
Program Manager
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
SCOPE OF WORK
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Task Number: 1 Task Cost: $170,826.00 U_
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Task Title: Recycling Operations
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Task Description: co
RECIPIENT will host up to six residential recycling collection events, and up to eight mini recycling collection events. Organics, c
household hazardous waste(HHW), and other large or hard-to-recycle items will be collected along with'usual'recyclables at J
a convenient location. Educational materials,which describe how to reduce waste and recycle more using City-sponsored or
private sector recycling programs,will also be distributed. E
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Work to be performed:
• Organize, stage, and staff the event,including scheduling and paying vendors. +;
• Advertisement of the event.
• Distribution of the outreach materials at the event.
• Responsible recycling,reusing,or disposing(such as for some hazardous waste)of the collected materials. 0
• Calculating and reporting outcomes of each event to ECOLOGY. N
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Who will perform it: M
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• A contractor,in conjunction with any vendors hired or utilized by said contractor for final management of materials. N
• RECIPIENT employee intends to be minimally involved,performing basic oversight.
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This task includes development and distribution of promotional materials in a variety of formats to encourage participation. In w
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accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement,RECIPIENT is encouraged to 0
work with their ECOLOGY grant manager when developing promotional materials,and must provide a draft copy for review E
and approval ten(10)business days prior to production and distribution of materials.
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This task will not reimburse costs covered by existing product stewardship organizations (E-Cycle Washington,LightRecycle
Washington,PaintCare, Call2Recycle)or for costs covered by new product stewardship organizations that are fully w
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implemented during this agreement period. To be eligible for costs related to materials covered by such programs or materials
of a very similar nature(i.e.printers), ensure invoices are itemized in a detailed manner to distinguish eligible from ineligible J
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costs, and clearly indicate the product stewardship program or website similar to such products on event advertisements. w
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RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales of items this task is
directly supporting. U.
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The scope of this task includes performing recycling activities. See Special Terms and Conditions in this agreement. J
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Task Goal Statement:
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The goal of this task is to decrease resource use and pollution by recycling or responsibly managing discards by holding E
collection events in a convenient location.
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Task Expected Outcome:
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Packet Pg. 86
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
RECIPIENT anticipates the task budget will cover a portion of the total costs for the residential recycling events. RECIPIENT
must track the total costs and total outcomes of the events. RECIPIENT must report only the outcomes achieved with LSWFA
support. This is done b calculating what percent of the task's total cost was supported b the Ecology Share plus Recipient -
pp Y g p pp Y gY p p ii
Share under this Agreement(the task budget). RECIPIENT should then multiply that percent by the total outcomes and report y
the resulting outcomes.
With the task budget,RECIPIENT estimates, c 0o
• 14,333 pounds of household hazardous waste properly managed
• 60,000 pounds of organics collected �
• 953,000 pounds of material collected for recycling.
• Depending on vendor availability,there is potential to collect items for reuse, so an optimistic 1,000 pounds is estimated to E
be collected. a,
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Recipient Task Coordinator: Tony Donati
Recycling Operations
Deliverables C
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Number Description Due Date N
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1.1 Task Expected Outcomes are the deliverables and achieved incrementally M
throughout the biennium. N
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Template Version 12/10/2020
Packet Pg. 87
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
SCOPE OF WORK
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Task Number: 2 Task Cost: $56,250.00 U_
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Task Title: Homeless Encampment Response
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Task Description: co
ACTIVITY-CLEANUP c
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RECIPIENT employees will coordinate with other departments and local agencies to cleanup active and or abandoned
encampments and continue to keep them clean. RECIPIENT employees may investigate active and or abandoned E
encampments to assess and prioritize cleanup. Cleanup and disposal are eligible on publicly owned sites/locations only.
c
Cleanup of Federal land is allowed when the RECIPIENT coordinates with federal agencies prior to cleanup.
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RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work
identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require
ECOLOGY approval. 0
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RECIPIENT is encouraged to review the Master Contract provided by Department of Enterprise Services (DES)for N
information about vendors with experience to clean up and dispose of materials that meet the RECIPIENT's specific ��
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circumstances and need. c
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ACTIVITIY—INFRASTRUCTURE,PURCHASED SERVICES °
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RECIPIENT may purchase services to provide portable toilets and or garbage collection at shelter-in-place locations and other G
locations where the RECIPIENT has previously assessed these services are practical. RECIPIENT employees and or
contractors will investigate active encampments to assess the level of infrastructure needed.
Q.
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Costs Eligible for Reimbursement
• Contracts and purchased services identified in the scope of work w
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• Supplies for cleanup: bags,protective gear
• Cleanup costs: time,transportation, and disposal of materials from encampments
• Time:planning/coordination of cleanup w
• Mileage or fuel and maintenance costs proportionate to vehicle use for homeless encampment cleanup Q�
• Costs not listed here but pre-approved in writing by ECOLOGY
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Cost Ineligible for Reimbursement �
• Costs not specifically identified or pre-approved in writing by ECOLOGY J
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• Costs not supported with required documentation N
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Task Goal Statement: E
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The goal of this task is to protect the environment through cleanup and prevent continued environmental harm at encampments. cc
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Task Expected Outcome:
Template Version 12/10/2020
Packet Pg. 88
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
Anticipating multiple cleanups at the same encampment, RECIPIENT must track and report the number of encampments
cleaned, and the number of cleanups performed at each encampment.Actual outcomes must be reported in the Outcomes
Data Collection section of the Spending Plan and Outcomes Data Collection form in EAGL. E
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With the task budget,RECIPIENT estimates,
• 80,000 pounds of garbage properly disposed of(cleaned up)
• 15 encampments managed y
• 20 total cleanups performed.
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Recipient Task Coordinator: Tony Donati
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Homeless Encampment Response
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Deliverables
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Number Description Due Date
2.1 Task Expected Outcomes are the deliverables and achieved incrementally a
throughout the biennium. M
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Template Version 12/10/2020
Packet Pg. 89
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
BUDGET
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Funding Distribution EG240196
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NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple co
funding distribution numbers to identify each budget.
0
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Funding Title: City of Kent Funding Type: Grant ,
Funding Effective Date: 07/01/2023 Funding Expiration Date: 06/30/2025
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Funding Source: d
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Title: Model Toxics Control Operating Account(MTCOA)
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Fund: FD
Type: State
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Funding Source%: 100% Cn
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Description: Local Solid Waste Financial Assistance N
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Approved Indirect Costs Rate: Approved State Indirect Rate: 30% 0
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Recipient Match%: 25% w
InKind Interlocal Allowed: No 0
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
0
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City of Kent Task Total o
Recycling Operations $ 170,826.00 ti
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Homeless Encampment Response $ 56,250.00 v
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Total: $ 227,076.00
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Template Version 12/10/2020
Packet Pg. 90
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
Funding Distribution Summary
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Recipient/Ecology Share ii
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Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total :
City of Kent 25.00 % $ 56,769.00 $ 170,307.00 $ 227,076.( �o
Total $ 56,769.00 $ 170,307.00 $ 227,076.( c
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AGREEMENT SPECIFIC TERMS AND CONDITIONS
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SPECIAL TERMS AND CONDITIONS +;
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If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such
as a transfer station or drop box location)or other locations, ECOLOGY will not reimburse disposal costs for materials 0
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collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved N
in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that N
disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny M
N
new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the N
Agreement. �
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ECOLOGY's Solid Waste Management(SWM)program will implement a reporting assessment for all RECIPIENTS of w
grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required 0
throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a E
reassessment, RECIPIENT will be notified of any changes to administrative requirements. le-
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RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and
Outcomes Data Collection form must be completed concurrent with the submittal of each Payment Request/Progress Report. oo
RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance
J
guidelines. 0
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RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial(including payment Q�
requests),performance, and other reports required by this Agreement.ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date. U.
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GENERAL FEDERAL CONDITIONS cci
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If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is E
used to match a federal grant award,the following terms and conditions apply to you. 0
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A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
Template Version 12/10/2020
Packet Pg. 91
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements r-
U-
contained in the certification,they must provide an explanation as to why they cannot. °'
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2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances. co
3. The terms covered transaction,debarred, suspended, ineligible,lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set �
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
E
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a a,
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person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
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5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered o
transactions. Cn
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6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered N
transaction complies with certification of suspension and debarment requirements. i
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7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal c
NRegulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies including
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suspension and debarment. o
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or �°
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for c
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
Q.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING p
REQUIREMENTS:
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CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the M
signed agreement to ECOLOGY.
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Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five QI
top executives using the FFATA Data Collection Form.
a
Receives more than$30,000 in federal funds under this award. U.
Receives more than 80 percent of its annual gross revenues from federal funds. �
Receives more than$25,000,000 in annual federal funds. cci
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Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is E
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in r
www.sam. og v<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to Q
the public at www.usaspending_gov<hit2://www.usaspending.lzov/>.
Template Version 12/10/2020
Packet Pg. 92
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
For more details on FFATA requirements, see www.fsrs. og v<http://www.fsrs.gov/>.
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C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE M
SERVICES OR EQUIPMENT: °r
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As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending :2
loan or grant funds to: co
1. Procure or obtain; °J
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use E
E
covered telecommunications equipment,video surveillance services or services as a substantial or essential component a,
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of any system, or as critical technology as part of any system.As described in Public Law 115-232
<https://www.govinfo.gov/content/pkia/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889,covered
a�
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
0
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or M
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services,including equipment, systems,or services produced or provided by entities identified in section 889,are recorded in N
the System for Award Management(SAM)<https:Hsam.gov/SAM/>exclusion list.
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Template Version 12/10/2020
Packet Pg. 93
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
GENERAL TERMS AND CONDITIONS
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Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology w
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GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
0
07/01/2023 Version co
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1. ADMINISTRATIVE REQUIREMENTS J
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) E
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all c
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all +;
N
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and 0
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character of all work and services. Ln
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2. AMENDMENTS AND MODIFICATIONS M
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This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent N
modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative 0
information without the concurrence of either party. w
0
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY a0i
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, �
0
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology b individuals with disabilities,
p pp � g ,p g q gY Y ..
including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic oo
documents intended for publishing on Ecology's public web site.
J
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4. ARCHAEOLOGICAL AND CULTURAL RESOURCES v
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RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic Q�
archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby
referred to as Cultural Resources. Q
U.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, �
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. J
RECIPIENT shall: N
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed E
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
*For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological Q
and Cultural Resources.
Template Version 12/10/2020
Packet Pg. 94
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). 0
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing r-
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff,volunteers, and contractors working at the project site. y
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project —0i
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic E
Preservation at(360) 586-3065, any affected Tribe, and the local government. a,
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP. �
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws 'o
protecting Cultural Resources and human remains. Cn
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5. ASSIGNMENT i
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No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. c
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6. COMMUNICATION o
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all �°
affected local, state, or federal jurisdictions, and any interested individuals or groups. c
c
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7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. Q.
ECOLOGY must sign the Agreement before any payment requests can be submitted. p
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
w
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with M
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. V
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting Qi
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. Q
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. �
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor cci
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to E
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has Q
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
Template Version 12/10/2020
Packet Pg. 95
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and 0
other reports required by this Agreement. Failure to comply may result in delayed reimbursement. r-
c
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8. COMPLIANCE WITH ALL LAWS (r
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of y
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination. �
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required E
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the a,
c�
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to
conform to that statute or rule of law. o
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9. CONFLICT OF INTEREST o
N
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility i
M
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor c
affect the interest of an corporation,partnership,or association in which he/she is a art in this Agreement or the proceeds
N
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thereof. o
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10. CONTRACTING FOR GOODS AND SERVICES c
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award m
all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services E
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure a
legal,fair,and open competition. p
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
w
required to provide written certification that they have followed their standard procurement procedures and applicable state law M
in awarding contracts under this Agreement. —J
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement v
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state Qi
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
a
11. DISPUTES �
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the �
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for cci
below:
c
a) RECIPIENT notifies the funding program of an appeal request. E
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. Q
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review.
Template Version 12/10/2020
Packet Pg. 96
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such 0
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly r-
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. °'
U)
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in y
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the �
dispute resolution procedure outlined above.
m
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12. ENVIRONMENTAL DATA STANDARDS a�
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a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
a�
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise. o
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 Cn
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(Ecology Publication No. 04-03-030). N
• Submit the QAPP to ECOLOGY for review and approval before the start of the work. i
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b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental c
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm N,
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: o
http://www.ecy.wa.gov/eim. w
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and c
processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data CU
Q.
collection files,map products,and all metadata and project documentation. p
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13. GOVERNING LAW M
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be _J
in the Superior Court of Thurston County. v
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14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project Q
described herein, except as provided in the Scope of Work. �
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of N
that party or that parry's agents or employees arising out of this Agreement.
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15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be Q
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
Template Version 12/10/2020
Packet Pg. 97
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
16. KICKBACKS
RECIPIENT is prohibited from inducing b an means an person employed or otherwise involved in this Agreement to give u
p g Y Y any �' g p ii
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award y
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) co
RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement. �
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement:
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a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or a,
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services. r_
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses. U)
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses. o
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) Cn
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. Ln
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18. ORDER OF PRECEDENCE c
In the event of inconsistencyin this Agreement,unless otherwise provided herein the inconsistency shall be resolved b giving
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precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of o
Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the w
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) c
General Terms and Conditions. c
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19. PRESENTATION AND PROMOTIONAL MATERIALS Q.
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of p
this Agreement:
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a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to M
production and distribution. _J
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. V
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products Qi
developed.
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio Q
topes CDs curriculum,posters,media announcements or gadgets with a message, such as a refrigerator magnet,and any �
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online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the �
RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item. cci
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact E
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. Q
20. PROGRESS REPORTING
Template Version 12/10/2020
Packet Pg. 98
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to 2
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ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document r-
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a y
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through y
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported. �
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines. E
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RECIPIENT shall use the ECOLOGY provided closeout report format. a,
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
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under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to
use the same for federal, state,or local government purposes. 'o
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; Cn
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present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data N
in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. i
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c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic c
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall N,
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. o
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants w
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds c
furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific m
instructions with respect thereto in this Agreement. E
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT a
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property a)
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
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the RECIPIENT for the fair market value of such property. M
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the —J
acquisition of land or facilities: v
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Qi
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of Q
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended b, �
this Agreement. cci
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally E
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Q
Agreement bear to the total acquisition,purchase,or construction costs of such property.
Template Version 12/10/2020
Packet Pg. 99
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
22. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement. y
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. �
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
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ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has a,
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
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All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder. o
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in Cn
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order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. N
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23. RECOVERY OF FUNDS c
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance N,
of this Agreement and completion of the work described in the Scope of Work. o
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or �°
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. c
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. m
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within E
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY a
demands repayment of funds. a)
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
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RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. M
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24. SEVERABILITY 0
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If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such Qi
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable. Q
25. STATE ENVIRONMENTAL POLICY ACT(SEPA) �
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental �
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to cci
this provision.
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26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any Q
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
Packet Pg. 100
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement. ('
U)
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and y
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free �
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing, E
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 0)
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28. TERMINATION
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a) For Cause y
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ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of o
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs Cn
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incurred in accordance with the terms of this Agreement prior to the effective date of termination. N
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work i
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on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in c
writing for commencement of work, or the time period defined within the Scope of Work. �,
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the o
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of �°
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, c
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold Q.
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is p
determined.
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b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of v
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this QI
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the 3:
terms of this Agreement prior to the effective date of termination. Q
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding �
from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the �
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in cci
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may E
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide r
notice. }'
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In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Template Version 12/10/2020
Packet Pg. 101
State of Washington Department of Ecology 8.G.a
Agreement No: SWMLSWFA-2023-KentPW-00205
Project Title: P&I City of Kent
Recipient Name: CITY OF KENT
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. 0
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay r-
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of y
funds by the RECIPIENT's governing body.
c) By Mutual Agreement y
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement.
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d) In Event of Termination
All finished or unfinished documents, data studies, s surve drawings,ma models photographs,reports E or other materials
Y , s g ,maps, ,p �'ap p
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the 0)
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RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
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Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
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29. THIRD PARTY BENEFICIARY Cn
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RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of N
Washington is named as an express third party beneficiary of such subcontracts with full rights as such. I
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30. WAIVER �%
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will o
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized w
representative of ECOLOGY. c
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End of General Terms and Conditions
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Template Version 12/10/2020
Packet Pg. 102
8.H
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Contract with Dimensional Communications, Inc. for Court
Audio and Video - Authorize
MOTION: I move to authorize the Mayor to sign a contract with
Dimensional Communications, Inc, subject to final terms acceptable to the
IT Director and City Attorney.
SUMMARY: The Kent Municipal Court audio and video system has served its useful
hardware lifecycle and needs replacement. A new audio and video system will
feature video teleconferencing capabilities, improved microphone and speaker
coverage and a new control system. In evaluating suitable replacement options, IT
staff selected a system supplied by Dimensional Communications, Inc. because of
the reliability and reputation of their hardware, professional services, and customer
support.
In selecting Dimensional Communication, Inc. bidding requirements were met by
seeking bids through the small works roster maintained by MRSC. Through that
streamlined bid process, Dimensional Communication, Inc. was selected and the
contract negotiated.
Dimensional Communications, Inc. will supply and install all the necessary
hardware. The total contract cost will not exceed $294,209.18. This cost is fully
funded and budgeted for in IT's existing capital budget.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business,
BUDGET IMPACT: None. These purchases are being funded in the IT capital
budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 103
8.H
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Agreement with Dimensional Communications (PDF)
Packet Pg. 104
8.H.a
KENT 0
was� �ro �
PUBLIC WORKS AGREEMENT '>
between City of Kent and
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Dimensional Communications, Inc. a
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation ij
(hereinafter the "City"), and Dimensional Communications, Inc., organized under the laws of the State of L
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Washington, located and doing business at 1220 Anderson Rd, Mount Vernon, WA 98274, (hereinafter the
"Contractor"). S
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AGREEMENT o
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The parties agree as follows:
I. DESCRIPTION OF WORK. E
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Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications: o
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Contractor shall provide all labor and materials to install a new A/V system at the Kent
Municipal Court in accordance with its November 7, 2023 proposal, attached and 3
incorporated as Exhibit A. Contractor's work shall be coordinated with the City's general
contractor performing courtroom renovations. r
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The Contractor further represents that the services furnished under this Agreement will be performed 00
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed. co
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in .2
Section I above as soon as reasonably possible. It will be incumbent upon Contractor to coordinate its work S.-
with the work of the City's general contractor to facilitate timely and efficient installation of the A/V system. E
It is anticipated that Contractor's A/V work will begin in January 2024. Upon execution of this Agreement, v
Contractor shall begin procuring the materials detailed in Exhibit A. Absent any unreasonable delay by the _
City's general contractor in completing its renovation work to a point that Contractor may begin the work c
detailed in Exhibit A, Contractor's work shall be completed no later than June 30, 2024. The term of this •N
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled. E
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III. COMPENSATION. The City shall pay the Contractor a total amount not to exceec r
$294,209.18, including any applicable Washington State Sales Tax, for the work and services contemplatec 3
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the
work described in the invoice that has been completed by the Contractor and approved by the City. ThE E
City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the ;v
project. Q
Card Payment Program. The Contractor 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 z
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates r
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PUBLIC WORKS AGREEMENT - 1
(Over$20K with Performance Bond) Packet Pg. 105
8.H.a
in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or
credit card companies. The Contractor shall not charge those fees back to the City.
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A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount. a
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B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of a
any and all payments made to the Contractor for a period of sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State o
Department of Revenue, the State Department of Labor & Industries, and the State U
Employment Security Department, and until settlement of any liens filed under o
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the S
Contractor within fourteen (14) calendar days of the Contractor's signature on the
Agreement. g
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C. Defective or Unauthorized Work. The City reserves its right to withhold payment from 'c
the Contractor for any defective or unauthorized work. Defective or unauthorized work �
includes, without limitation: work and materials that do not conform to the o
requirements of this Agreement; and extra work and materials furnished without the U
City's written approval. If the Contractor is unable, for any reason, to satisfactorily c
complete any portion of the work, the City may complete the work by contract or o
otherwise, and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs"shall mean all reasonable costs, including legal E
costs and attorney fees, incurred by the City beyond the maximum Contract price o
specified above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to 3
become due the Contractor. U
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D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL o
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF L?
CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE M
AND ACCEPTED.
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E. Liquidated Damages for Unexcused Delays.
1. The Contractor recognizes that any unexcused delay by the Contractor in the r
prosecution and completion of the work will cause inconvenience and expense to the E
City, its lessees, and other users of City facilities. It is further acknowledged by the o
Contractor that unexcused delays in the prosecution and completion of the work may v
seriously interfere with and delay court proceedings. c
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2. It is recognized that it will be impracticable and extremely difficult to ascertain and
determine the actual damages, as generally described above, which will be suffered E
by the City as a result of an unexcused delay by the Contractor. In such circumstances,
the Contractor shall be liable to the City for liquidated damages in the amount $300 r
for each calendar day following the anticipated completion date until Contractor 3
achieves Final Completion. The amounts specified in this section as liquidated damages
shall not be considered to be a penalty, it being the express agreement of the E
Contractor and the City that the liquidated damages provided herein shall be ;v
considered a reasonable approximation of actual damages to be suffered by the City Q
for late performance.
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3. Any deduction or payment of liquidated damages shall not in any way release the E
Contractor from any further or other obligation and liability with respect to Contractor's
obligation to achieve final completion. a
PUBLIC WORKS AGREEMENT - 2
(Over$20K with Performance Bond) Packet Pg. 106
8.H.a
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in a°,
accordance with Ch. 51.08 RCW, the parties make the following representations: :2
A. The Contractor has the ability to control and direct the performance and details of its a
work, the City being interested only in the results obtained under this Agreement. 2
B. The Contractor maintains and pays for its own place of business from which the a
Contractor's services under this Agreement will be performed. o
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C. The Contractor has an established and independent business that is eligible for a o
business deduction for federal income tax purposes that existed before the City
retained the Contractor's services and is a service other than that furnished by the S
City, or the Contractor is engaged in an independently established trade, occupation, c
profession, or business of the same nature as that involved under this Agreement. o
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D. The Contractor is responsible for filing as they become due all necessary tax c
documents with appropriate federal and state agencies, including the Internal Revenue E
Service and the state Department of Revenue. E
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E. The Contractor has registered its business and established an account with the state M
Department of Revenue and other state agencies as may be required by the o
Contractor's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
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F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW. 3
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business. 0
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V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall 04
include, without limitation, any one or more of the following events: M
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled o
workers or proper materials for completion of the Contract work. .
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B. The Contractor's failure to complete the work within the time specified in this r
Agreement. E
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C. The Contractor's failure to make full and prompt payment to subcontractors or for v
material or labor. c
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D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations. E
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E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. r
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F. The Contractor's breach of any portion of this Agreement. a
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If the City terminates this Agreement for good cause, the Contractor shall not receive any further ;v
money due under this Agreement until the Contract work is completed. After termination, the City may Q
take possession of all records and data within the Contractor's possession pertaining to this project which
may be used by the City without restriction.
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VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing r
Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract a
PUBLIC WORKS AGREEMENT - 3
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8.H.a
work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the 0)
Department of Labor and Industries is attached. :2
VII. CHANGES. The City may issue a written change order for any change in the Contract work a
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to the person listed in the a
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date
the Contractor knew or should have known of the facts and events giving rise to the requested change. If o
the City determines that the change increases or decreases the Contractor's costs or time for performance, U
the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with ,o
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will j
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change S
order work upon receiving either a written change order from the City or an oral order from the City before c
actually receiving the written change order. If the Contractor fails to require a change order within the time .o
specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the equitable c
adjustment the Contractor must complete the change order work; however, the Contractor may elect to '
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protest the adjustment as provided in subsections A through E of Section IX, Claims, below. E
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The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate m
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the o
Contractor 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. o
VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure 3
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 o
to the other that at the time of signing this Agreement, they are able to perform as required and their L?
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing cq
state or national declarations of emergency, or any current social distancing restrictions or personal M
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic. o
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 E
effective only to the extent and duration of the force majeure event causing the prevention or delay in E
performance and, provided, that the party prevented or delayed has not caused such event to occur and v
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Contractor 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
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costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. o
Performance that is more costly due to a force majeure event is not included within the scope of this Force r
Majeure provision. 3
If a force majeure event occurs, the City may direct the Contractor to restart any work or E
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 Q
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be E
borne by the Contractor, U
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IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall -00)
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 Contractor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, a
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 Contractor unless a timely written claim is made in a
strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A, �
items 1 through 5 below. ,o
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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 0
THAT DELAY.
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A. Notice of Claim. Provide a signed written notice of claim that provides the following
information: E
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1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim; o
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 o
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption. 3
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B. Records. The Contractor 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 o
Contractor's records needed for evaluating the protest. L)
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The City will evaluate all claims, provided the procedures in this section are followed. If the M
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. o
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this r
Agreement. E
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the v
Contractor also waives any additional entitlement and accepts from the City any written or c
oral order (including directions, instructions, interpretations, and determination). 0
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this E
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and r
determination). 3
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X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT E
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE L
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE Q
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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XI. 1-YEAR LABOR AND MATERIAL WARRANTY. The Contractor warrants that it will faithfully E
and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this r
Agreement. For 1-year following project completion, the Contractor shall, at its sole cost, promptly correct a
PUBLIC WORKS AGREEMENT - 5
(Over$20K with Performance Bond) Packet Pg. 109
8.H.a
all defects in workmanship and materials: (1) when the Contractor knows or should have known of the
defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the
defect. In the event any parts are repaired or replaced, only original replacement parts shall be used— 00)
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 0
work. The Contractor shall begin to correct any defects within the time periods per the Service Response cm
Levels provided below following its receipt of notice from the City of a defect. If the Contractor does not °
accomplish the corrections within a reasonable time as determined by the City, the City may complete the a
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.
Service Response Levels are as follows:
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1) Moves, Adds, and Changes: 5-10 business days response.
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2) Non-Emergency Service issues: 1-2 business days response. Repair, to interim or complete
functionality, shall be guaranteed within 96 hours of Client's notification unless otherwise agreed to .o
between the parties.
Non-emergency service is defined as for a failure of equipment in a room that does not affect the c
room's overall audio video use functionality. E
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3) Emergency Service: 2 hour remote response, 4 hour onsite response from Client's notification, if U0
needed and in consultation with Client. Repair shall be guaranteed within 72 hours of initial response. @
Emergency service is defined as for a failure of equipment in a room that disables the room's overall o
audio video use functionality.
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This 1-year warranty shall cover all equipment and materials installed by Contractor in accordance with o
Exhibit A. Contractor shall be responsible for the cost of all labor, materials, and replacement equipment.
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XII. DISCRIMINATION. In the hiring of employees for the performance of work under this t
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the E
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, o
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any L?
person who is qualified and available to perform the work to which the employment relates. The Contractor
shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City M
Administrative Policy 1.2.
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XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or 2
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's r
performance of this Agreement, except for that portion of the injuries and damages caused by the City's E
negligence. 0
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The City's inspection or acceptance of any of the Contractor's work when completed shall not be c
grounds to avoid any of these covenants of indemnification. 0
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Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, E
then, in the event of liability for damages arising out of bodily injury to persons or damages to property a
caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, r
employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, 3
and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's
negligence. E
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Q
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. z
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(Over$20K with Performance Bond) Packet Pg. 110
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In the event the Contractor 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 Contractor's part, then a°,
the Contractor 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 Contractor's part. a
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The provisions of this section shall survive the expiration or termination of this Agreement. a
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, o
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. U
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XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor 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 Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to .o
materials, tools, or other articles used or held for use in connection with the work.
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XVI. MISCELLANEOUS PROVISIONS. E
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its t0
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product. o
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
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covenants and agreements contained in this Agreement, or to exercise any option conferred by this o
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. 3
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C. Resolution of Disputes and Governing. This Agreement shall be governed by and to
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any o
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means L)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in M
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 o
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 .2
right to indemnification under Section XIII of this Agreement.
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at o
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written v
notice hereunder shall become effective three (3) business days after the date of mailing by registered or c
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.
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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, r
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made 3
without additional written consent.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement L
shall be binding unless in writing and signed by a duly authorized representative of the City and the Q
Contractor.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any E
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative r
of the City, and such statements shall not be effective or be construed as entering into or forming a part of a
PUBLIC WORKS AGREEMENT - 7
(Over$20K with Performance Bond) Packet Pg. 111
8.H.a
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. a°,
H. Compliance with Laws. The Contractor 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 Contractor's a
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of 2
the performance of those operations. a
I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to 0
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, U
emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may o
be subject to public review and disclosure, even if those records are not produced to or possessed by the U
City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties S
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the 'E
Kent City Code. E
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any ci
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 o
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.
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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 3
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PUBLIC WORKS AGREEMENT - 8
(Over$20K with Performance Bond) Packet Pg. 112
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to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
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CONTRACTOR: CITY OF KENT:
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By: By:
Print Name: Print Name: Dana Ralph Q
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Its Its Mayor U
(title) ,o
DATE: DATE: ci
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: °
CONTRACTOR: CITY OF KENT:
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James L. Gallegos Brian Rambonga o
Dimensional Communications, Inc. U
1220 Anderson Rd City of Kent
Mount Vernon, WA 98274 220 Fourth Avenue South g
Kent, WA 98032
360-424-6164 (telephone) E
iamesg(cbdimensional.net (email) (253) 856-4610 (telephone) o
bra mbonga(akentwa.gov (email)
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APPROVED AS TO FORM:
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Kent Law Department
ATTEST: o
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Kent City Clerk E
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(Over$20K with Performance Bond) Packet Pg. 113
8.H.a
DECLARATION
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CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal o
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 a
employment opportunity policies. o
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The City of Kent and its contractors are subject to and will comply with the following: ,0
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• 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); o
• 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); E
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement Fa
of Title VI of the Civil Rights Act of 1964). o
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• Ch. 49.60 RCW (Washington Law Against Discrimination) E
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and 3
Regulations". i
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The following statements specifically identify the requirements the City deems necessary for any ci
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of C4
all of the following is required for this Agreement to be valid and binding. If any contractor, M
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined y
below, it will be considered a breach of contract and it will be at the City's sole determination o
regarding suspension or termination for all or part of the Agreement.
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. U
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, .2
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity 3
employer.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities. Q
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: E
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8.H.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the o
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 c
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they o
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract. a
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 0
origin in the selection and retention of subcontractors, including procurements of d
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including o
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and E
Equipment: In all solicitations, either by competitive bidding, or negotiation made U
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 E
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports U
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 o
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 SO
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 2
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with 5
the non-discrimination provisions of this contract, the City will impose such contract U
sanctions as it or the Washington State Department of Transportation may o
determine to be appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the o
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. 3
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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 a
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 E
Transportation may direct as a means of enforcing such provisions including U
sanctions for noncompliance. Provided, that if the contractor becomes involved in, a
EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 115
8.H.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 o
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. '>
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6. During the performance of this contract, the contractor, for itself, its assignees, and o
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to: a
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Pertinent Non-Discrimination Authorities: o
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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 o
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 'a
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose E
property has been acquired because of Federal or Federal-aid programs and c0
projects); F5
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination o
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on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
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(prohibits discrimination on the basis of disability); and 49 CFR Part 27; r
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 3
(prohibits discrimination on the basis of age); L
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as o
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex); r
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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 W
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, E
whether such programs or activities are Federally funded or not); E
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination U
on the basis of disability in the operation of public entities, public and private o
transportation systems, places of public accommodation, and certain testing entities c
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation E
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 3
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority E
Populations and Low-Income Populations, which ensures Non-discrimination against a�
minority populations by discouraging programs, policies, and activities with Q
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
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xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination o
includes discrimination because of Limited English proficiency (LEP). To ensure a
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 a
seq). o
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the d
preceding statements were complied with during the course of the contract's performance. 7
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By signing below, I agree to fulfill the five requirements referenced above.
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Date:
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EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 117
8.H.a
CITY OF KENT
ADMINISTRATIVE POLICY o
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 ,0
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APPROVED BY Dana Ralph, Mayor —
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and E
suppliers of the City must guarantee equal employment opportunity within their organization and, ci
if holding Agreements with the City amounting to $10,000 or more within any given year, must c
take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating E
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the o
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination L)
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract o
and subject to suspension or termination for all or part of the Agreement.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public E
Works Departments to coordinate with the City's Title VI coordinator, and perform the following E
duties for their respective departments. U
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 3
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EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 118
8.H.a
BIDDER RESPONSIBILITY CRITERIA
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Certification of Compliance with Wage Payment Statutes a
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This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City 2
before the contract can be awarded. a
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The bidder hereby certifies that, within the three-year period immediately preceding the bid ,"0
solicitation date (Insert Date), the bidder is not a "willful" violator, as defined in RCW 49.48.082,
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or through a o
civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is E
true and correct. °
Insert Bidder's Business Name o
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By: =
Signature of Authorized Official* 3
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Printed Name:
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Title: N
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Date:
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City and State:
*If a corporation, proposal must be executed in the corporate name by the president or vice- E
president (or any other corporate officer accompanied by evidence of authority to sign). If a co- c
partnership, proposal must be executed by a partner. U
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BIDDER RESPONSIBILITY CRITERIA - 1 Packet Pg. 119
8.H.a
EXHIBIT(E�A
UkUa I�LLULL aokkoaULLULM�v OLIJ�IJ Mo t Vernon,WA98274 F:360.424.8872 x1331
www.dimensional.net .a
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Co u rtro o m A/V Prop osa I November 7, 2023 a
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Submitted to: City of Kent Contact: Brian Rambonga
220 Fourth Avenue South '0
Kent, WA 98032 Email: BRambonga@kentwa.gov
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Scope of work: Provide and install anew A/V system in the municipal courtroom. The new system will feature °
video teleconferencing capabilities, improved microphone coverage, and a new control system.
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For the video teleconferencing, multiple cameras will be installed: two new controllable pan- E
tilt-zoom (PTZ) cameras- one at the front of the room to capture the prosecuter and defense or ci
for jury selection. The second camera will be installed at the back of the room to capture the c
bench area including the judge and whitness. During a video call the image sent out will be a
single screen of any of the cameras or a two-way split screen where one window will show the E
front facing camera, the second will show the rear facing camera, or a three-way split screen o
that shows the two cameras plus content from any of the HDMI input locations. Alternatively,
the video image can be just one of the camera feeds or a content feed. The video will be 3
connected to the conferencing PC (currently the clerks PC) via USB and will be available to (UG
conferencing formats such as Zoom or Teams. A new 85"display will be installed on the wall to 0
the left of the bench. A new document camera will be installed to allow council to be able to L)
show objects or printed content via the document camera on the main display or a video
conference call. 00
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The audio system will be built around a new digital signal processor (DSP) that will ingest all
microphone inputs and route them as needed to the in room speakers, to the video conferencing
PC via USB, and to the AV Capture All PC. The DSP will also provide control and processing of
all audio functions. New microphones will be installed at the judge, defense, whitness, and E
prosecution locations that will feature a push-to-mute function for private comments between v
the parties at those locations. There will also be an ambient microphone placed at the bench
that will pick up sound from the room to be included on the recording. This ambient mic will
also be muted when any of the mute buttons are activated. A ceiling array microphone will be a
installed above the jury selection/audience area to pickup any audio from the seating area for
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recording and voice re-enforcement for the judge. One new digital wireless handheld r
microphone systems will be provided to be used as a portable microphone. New high quality 3
speakers will be installed in place of the existing speakers, and new amplifiers will be installed
to power them. Two new ceiling speakers will be installed at the judge's location, four new
speakers will be installed above the audience. The existing assistive listening system will be re- a,
used to provided accommodations for those who are hearing impaired. Q
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To control the system, a new touch panel will be provided at the clerks location. The touch panel �
will feature a custom user interface that will be designed to provide intuitive control of features r
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such as camera presets and volume levels. a
Packet Pg. 120
8.H.a
EXHIBI((T�y����A
LLNUL�ooaoa aoaaoaoaa400a�� OWLO Mount Vernon, WA98274 F:360.424.8872 x1331
www.dimensional.net d
A new centrally located equipment rack will be installed to house all of the equipment for the
four courtrooms in the IDF. o
Courtroom System a
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Item Quantity Description °
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1. 1 QSC TSC-70-G3 7" Touch panel ci
2. 1 QSC TSC-710t-G3 table top kit °
3. 1 Magawell HDMI to USB Coverter c
4. 1 Sennheiser EW-D 835-S Set Hand Held Wireless ui
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5. 1 Sennheiser EW-D Charging Set °
6. 1 Sennheiser EW-D ASA Antenna Combiner
7. 1 Elmo TT-12w Document Camera
8. 2 PTZ Optics PT12X4KGYG3 12x 4K PTZ camera E
9. 2 PTZ Optics PTCMIWH Universal Ceiling Mount
10. 4 Visionary Solutions PacketAV E4100 AV encoder
11. 6 Visionary Solutions PacketAV D4100 AV Decoder °
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12. 1 Crestron HD-DA2-4KZ-E 2 Port HDMI Distribution Amplifier
13. 2 Crestron HD-TX-101-C-E Transmitter E
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14. 2 Crestron HD-RX-101-C-E Receiver
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15. 1 Biamp AMP-A460H Amplifier 3
16. 4 Audix ATSILP Desktop Mic Base
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17. 4 Audix ADX18 Gooseneck Condenser Microphone o
18. 1 Audix ADX60 Boundary Microphone
19. 1 Shure MXA920 White Round Ceiling Microphone Array r
20. 1 Extron USB Extender Plus T °;
21. 1 Extron USB Extender Plus R 0
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22. 1 Crossbow 4X1 Seamless Switch er/Multiviewr g
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23. 1 Sony FWD85X81CH/AL 85" Display
24. 1 Chief PNRIWUB articulating wall mount
25. 1 Chief PAC501b back box E
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26. 3 Beetronics 17HD7M 17" Whitness, Judge and Clerk Monitor U
27. All Cable and Connectors
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28. 2 DCI Custom Floorbox Plates °
29. 6 JBL Control 24CT Ceiling Speakers
30. Lot Installation, testing, programming, training E
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31. 1-Year Labor and Material Warranty t
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32. Lot Standard Ground Freight 3
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**Sixty One Thousand Five Hundred and Ninety Six Dollars and 661100 + WSST**61,596.66**
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*Please note that courtroom#4 includes a second 85"monitor,mount,backbox,and decoder that the other courtrooms
do not contain. °'
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8.H.a
EXHIBIT
T� A
LUNLL�ooaaa aoaaoaoaa400a� O LLL Mount Vernon,WA98274 F:360.424.8872 x1331 0
www.dimensional.net d
Shared equipment rack in OF
Item Quantity Description f°
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1. 1 Middle Atlantic ERK-4425 44 space equipment rack free standing
2. 1 Middle Atlantic PD-915RV-RN rack mount power panel a
3. 1 Middle Atlantic Rack Vents VT2
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4. 3 Middle Atlantic Rack Blank panels BL2
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5. 4 Middle Atlantic PD-2420SC-NS Horizontal Power .0
6. Lot Misc mounting hardware and rack fab hardware c
7. 2 QSC Core 110f Audio DSP
8. 2 QSC Scripting and Deployment License o
9. 1 48-Port Network Switch
10. Lot Installation, testing, programming, training
11. 1-Year Labor and Material Warranty E
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12. Lot Standard Ground Freight 0
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**Seventeen Thousand Nine Hundred Ninety One Dollars and 301100 + WSST**17,991.30**
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Note:This proposal does not include any electrical additions or alterations of any kind;all electrical work to be provided o
by others. This proposal does not include sales tax. This proposal includes applicable prevailing wage labor rates per
Washington State requirements. This proposal includes for equipment, installation, testing, and final commissioning 3
of the system, as outlined above. Any changes to scope will be accompanied by an updated proposal. This proposal t
excludes error and omissions/professional liability insurance o
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Total price per room $61,596.66 N
Price for QTY 4 courtrooms $246,386.66 00
Price for equipment rack in OF $17,991.30
Total project price $264,377.96 0
Performance and Bid Bond $2,842.00
Washington State Sales Tax (10.1%) $26,989.22
Grand Total Project $294,209.18 E
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Submitted by:James L Gallegos
Time payment options are available upon request.
Purchase Order 0
Cash Terms:50%down with balance due at installation. .N
This proposal may be withdrawn if not accepted within thirty(30)days. DCI Authorized Signature: 0)
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All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications
involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays r
beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. 3
You agree that Dimensional retains a security interest in all personal property delivered pursuant to the acceptance of this proposal and to any equipment later ordered by you from
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Dimensional,until such time as payment of all amounts due to Dimensional are made in full. If you fail to make any payments when due,Dimensional may require you to return all personal E
property delivered,make it available to Dimensional for recovery,or exercise any other rights or remedies arising from RCW 62A.9A. Regardless of default,we may also file a mechanic's y
lien,UCC-1 form and other collateral registration.By signing this proposal you consent to such filings.All liens and security interests,if incorporated,will be released upon full payment of all i
amounts due Dimensional arising from or related to this proposal. Q
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Acceptance of Proposal: The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above. E
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Authorized Signature: Date of Acceptance: _
Packet Pg. 122
8.H.a
SHEET NOTES: DEVICE LEGEND SHEET LIST
85"FLAT PANEL DISPLAY LOCATION GOOSE NECK MIC LOCATION SOUND SYSTEM SPEAKER(TYPE-1) SHEET# DESCRIPTION *1 *2
(SONY FWD85C81CH/AL 85"DISPLAY) GNM (AUDIX ATS1 LP DESKTOP MIC BASE WITH ADX18 COND.MIC) S1 (JBL CONTROL 24CT CEILING SPEAKER) AV.000 COVER SHEET
REQUIRES: REQUIRES: REQUIRES: AV1.1 FLOOR&WALL(AV DEVICE LAYOUT) O •
P.B.O.CHIEF PNRIWUB DISPLAY WALL MOUNT 1 GANG AV ROUGH IN W/CABLE PATHWAY TO ACC.AREA SPKR.FLUSH MOUNTED IN CEILING W/INCLUDED ACC. AV2.1 CEILING(AV DEVICE LAYOUT) O •
P.B.O.CHIEF PAC-501 DISPLAY WALL BOX"WB" AV ROUGH IN @ OUTLET HEIGHT REQUIRES 6.6"HOLE IN CEILING
(1)120 VAC POWER OUTLET WITHIN"WB" 4 SQ.BOX W/FLEX WHIP IN NON ACC.CEILING AREA
(1)DATA OUTLETS REQUIRED FOR AV WITHIN"WB" FLOORBOX LOCATION AV CABLE PATHWAY AS SHOWN ON SHOP DRAWINGS *1 = DID DRAWINGS 6-27-23
AV CABLE PATHWAY TO"WB"AS SHOWN FB (PROVIDED BY OTHERS) *2= DID DRAWING UPDAT 7-27-23
REQUIRES: FIXED CAMERA LOCATION
17"FLAT PANEL DISPLAY LOCATION 3 GANG SPACE FOR AV CONNECTION PANEL FCAM (MOKOSE HDMI FIXED CAMERA) CABLE LEGEND
2 (BEETRONICS 17HD7M 17"WITNESS MONITOR) AV CABLE PATHWAY TO ACCESSIBLE LOCATION REQUIRES:
REQUIRES: POWER AND DATA AS REQUIRED BY OTHERS VIDEOSECU CAMERA MOUNT TYPE PLENUM NON PLENUM DESCRIPTION O.D."
INCLUDED MOUNT MOKOSE LENS P BELDEN 63000E BELDEN 53000E 2 COND.18 GA.-L.V.DEVICE POWER 0.157
(1)ADJACENT 120 VAC POWER OUTLET BOUNDRY MIC LOCATION CAMERA SURFACE MOUNTED TO DESK OR MONITOR A BELDEN 9451 P BELDEN 9451 1 TW/PR.SH.22 GA-AUDIO,MIC 0.135
AV CABLE PATHWAY TO"WB"AS SHOWN BMIC (AUDIX ADX60 BOUNDRY MIC BASE) C BELDEN 9451 P BELDEN 9451 1 TW/PR.SH.22 GA-CTRL 0.135
EXHIBIT A AV INTERFACE @ADJACENT AV INTERFACE LOCATION REQUIRES:GANG AV ROUGH IN W/CABLE PATHWAY TO ACC.AREA PTZ (PTZ OPTICS PT012X41KOGYG3 12X 4K PTZ CAMERA) D8 CRESTRON DM-CBL-P CRESTRON DM CBL-NP 4 TW//PR.24 GA-DM 8G+ 0.268
AV CABLE CONNECTION @ ADJACENT AV INTERFACE LOCATION AV ROUGH IN @ OUTLET HEIGHT REQUIRES: R WEST PENN 807 RG8X COAX-50 OHM ANTENNA 0.242
3 PTZ OPTICS WALL MOUNT S BELDEN 63000E BELDEN 53000E 2 COND.18 GA.-SPEAKER 0.157
AV# AV INTERFACE PLATE LOCATION CAMERA MOUNTED TO WALL @ HEIGHT SHOWN E EXTRON XTP DTP 24P EXTRON XTP DTP 24 4 TW/PR.24 GA-DTP 0.268
Q AV EQUIPMENT RACK LOCATION (AV WALL PLATE TYPES VERI SEE DETAILS) 2 GANG ROUGH @ 96"AFF
(MIDDLE ATLANTIC ERK-4425 EQUIPMENT RACK) REQUIRES: AV CABLE PATHWAY AS SHOWN ON SHOP DRAWINGS
REQUIRES: ROUGH IN SIZE BASED ON AV#(i.e.AV2=2 GANG)
8X8X4 AV J-BOX @ OUTLET HEIGHT DIRECTLY BEHIND RACK PROVIDE AV CABLE PATHWAY TO ACC.LOCATION AV EQUIPMENT RACK AV CONDUIT SYMBOL LEGEND
ADJUST SIZE OF J-BOX AS NEEDED TO ACCEPT CONDUITS MOUNT @ OUTLET HEIGHT UNLESS OTHERWISE NOTED AVR
CONDUIT GROUP TYPE: EXAMPLE CONDUIT/
(1)120 VAC OUTLETS ON(1)DEDICATED 20 AMP CIRCUITS VERIFY EXACT MOUNTING LOCATION ON SITE
a-AUDIO MIC/LINE LEVEL �CABLE PULL NOTE
(3)DATA OUTLETS P.B.O. b-VIDEO/RF LEVEL a(1)1"C:(5)A
FLAT PANEL DISPLAY LOCATION c-COMM./CONTROL LEVEL m m
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QUANTITY OF CONDUITS QUANTITY OF CABLES m 0 >W LU
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OVOLUME CONTROL LOCATION CONDUIT SIZE z Y
VC (ATLAS SOUND AT-10 VOLUME CONTROLLER) � = W W
REQUIRES: GENERAL RACEWAY NOTES:
1 GANG AV ROUGH IN @ SWITCH HEIGHT 1. CONDUIT GROUPS"b","c"Wd"-CAN BE COMBINED p U 01- W'
AV CABLE PATHWAY AS SHOWN ON SHOP DRAWINGS 2. RACEWAY PROVIDER TO DETERMINE WHERE CONDUITS
ARE NEEDED.SIZES SHOWN ON DRAWINGS ARE FOR
MINIMUM REQUIREMENTS&WALL STUBS.
3. MAINTAIN 12"MINIMUM SEPARATION OF GROUP-"a"
CABLES FROM OTHER GROUPS WHEN FREE RUNNING
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8.H.a
DEVICE LEGEND SHEET LIST
SOUND SYSTEM SPEAKER(TYPE-1) SHEET# DESCRIPTION "1 "2
S1 (JBL CONTROL 24CT CEILING SPEAKER) AV.000 COVER SHEET
REQUIRES: AV1.1 FLOOR&WALL(AV DEVICE LAYOUT) O •
SPKR.FLUSH MOUNTED IN CEILING W/INCLUDED ACC. AV2.1 CEILING(AV DEVICE LAYOUT) O •
REQUIRES 6.6"HOLE IN CEILING
4 SQ.BOX W/FLEX WHIP IN NON ACC.CEILING AREA
AV CABLE PATHWAY AS SHOWN ON SHOP DRAWINGS '1= DID DRAWINGS 6-27-23
'2= DID DRAWING UPDAT 7-27-23
ARRAY MICROPHONE LOCATION
AMIC CABLE LEGEND
(SHURE MXA920 LINEAR MICROPHONE)
REQUIRES:
1 GANG AV ROUGH IN @ CEILING TYPE PLENUM NON PLENUM DESCRIPTION O.D."
EXHIBIT A SHURE SUSPENSION MOUNT P BELDEN 63000E BELDEN 53000E 2 COND.18 GA.-L.V.DEVICE POWER 0.157
SUSPEND @ SAME HEIGHT AS ADJACENT LOW CEILING A BELDEN 9451 P BELDEN 9451 1 TW/PR.SH.22 GA-AUDIO,MIC 0.135
AV CABLE PATHWAY AS SHOWN ON SHOP DRAWINGS C BELDEN 9451 P BELDEN 9451 1 TW/PR.SH.22 GA-CTRL 0.135
D BELDEN 5663U6 BELDEN 6663U6 CAT 6-DATA 0.224
D8 CRESTRON DM-CBL-P CRESTRON DM-CBL-NP 4 TW/PR.24 GA-DM 8G+ 0.268
R WEST PENN 807 RG8X COAX-50 OHM ANTENNA 0.242
S BELDEN 63000E BELDEN 53000E 2 COND.18 GA.-SPEAKER 0.157
E EXTRON XTP DTP 24P EXTRON XTP DTP 24 4 TW/PR.24 GA-DTP 0.268
AV CONDUIT SYMBOL LEGEND
CONDUIT GROUP TYPE: EXAMPLE CONDUIT/
a-AUDIO MIC/LINE LEVEL CABLE PULL NOTE
b-VIDEO/RF LEVEL a(1)1"C:(5)A
c-COMM./CONTROL LEVEL m m
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CABLE TYPE
d-LOUDSPEAKER LEVEL m
QUANTITY OF CABLES 0 0 0
QUANTITY OF CONDUITS m W W
CONDUIT SIZE > C.Y.) W W
GENERAL RACEWAY NOTES: W' = W W
1. CONDUIT GROUPS"b","c"Wd"-CAN BE COMBINED p 0 !Y Of
2. RACEWAY PROVIDER TO DETERMINE WHERE CONDUITS
ARE NEEDED.SIZES SHOWN ON DRAWINGS ARE FOR
MINIMUM REQUIREMENTS&WALL STUBS.
3. MAINTAIN 12"MINIMUM SEPARATION OF GROUP-"a"
CABLES FROM OTHER GROUPS WHEN FREE RUNNING
CABLES
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CEILING AV DEVICE LAYOUT �
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CEILING (AV DEVICE LAYOUT) ,
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Packet Pg. 124
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Exhibit B >
Insurance Requirements
0
Insurance
a
The Contractor shall procure and maintain for the duration of the o
Agreement, insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the 0
work hereunder by the Contractor, their agents, representatives, employees,
or subcontractors.
0
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below: E
0
U
Commercial General Liability insurance shall be written on Insurance
Services Office (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 3
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be U
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the ci
City using ISO additional insured endorsement CG 20 10 11 85 or a N
substitute endorsement providing equivalent coverage. If a general M
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall o
be twice the required occurrence limit.
The Contractor may use Umbrella or Excess Policies to provide the E
E
liability limits as required in this Agreement. This form of insurance will 0
be acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or o
Excess policies shall be provided on a true "following form" or broader
coverage basis, with coverage at least as broad as provided on the E
underlying Commercial General Liability insurance.
3
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on ISO a
form CA 00 01, or a substitute form providing equivalent liability
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coverage. If necessary, the policy shall be endorsed to provide >
contractual liability coverage.
0
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the a
State of Washington. o
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B. Minimum Amounts of Insurance 0
J
S
Contractor shall maintain the following insurance limits:
0
Commercial General Liability insurance shall be written with limits no
less than $2,000,000 per occurrence, and a $2,000,000 products-
completed operations aggregate limit. E
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 U
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
.N
Waiver of Subrogation
E
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence. 3
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any N
r
available insurance proceeds in excess of the specified minimum limits of co
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance. o
r
C. Other Insurance Provisions
E
E
The insurance policies are to contain, or be endorsed to contain, the 0
U
following provisions:
0
1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or E
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not 3
contribute to the Contractor's insurance policies.
E
2. Contractor's insurer must deliver or mail written notice of
cancellation to the named insured at least forty-five (45) days a
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the E
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City with written notice of cancellation forty-five (45) days >
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of o
cancellation endorsement, the Contractor must notify the City of 3
any cancellation, nonrenewal or termination within two (2) a
business days of their receipt of such notice. o
U
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3. The City of Kent shall be named as an additional insured on all 0
policies (except Professional Liability) with respect to work J
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an 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 E
also contain a clause stating that coverage shall apply separately U
to each insured against whom claims are made or suit is
brought, except with respect to the limits of the insurer's
liability.
E
D. Acceptability of Insurers
3
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
0
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E. Verification of Coverage N
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CO
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Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the o
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work. The City waives no
rights, and the Contractor is not excused from performance if Contractor E
E
fails to provide the City with a copy of the endorsement naming the City as a 0
Primary Non-Contributory Additional Insured.
0
F. Subcontractors
E
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. 3
All coverage for subcontractors shall be subject to all the same insurance
requirements as stated herein for the Contractor. E
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Packet Pg. 127
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State of Washington o
Department of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
0
=a
Washington State Prevailing Wage a
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe o
benefits. On public works projects, worker's wage and benefit rates must add to not less than this U
L
total. A brief description of overtime calculation requirements are provided on the Benefit Code °
Key.
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Journey Level Prevailing Wage Rates for the Effective Date: 10/19/2023
County Trade Job Classification Wage Holiday Overtime Note *Risk E
Class 0
King Asbestos Abatement Workers Journey Level $59.07 5D 1 H View
U
King Boilermakers Journey Level $74.29 5N 1C View o
King Brick Mason Journey Level $69.07 7E 1 N View
King Brick Mason Pointer-Caulker-Cleaner $69.07 7E 1 N View E
0
King Building Service Employees Janitor $29.33 5S 2F View
King Building Service Employees Traveling Waxer/Shampooer $29.78 5S 2F View 3
King Building Service Employees Window Cleaner (Non-Scaffold) $32.93 5S 2F View
L
King Building Service Employees Window Cleaner (Scaffold) $33.93 5S 2F View o
King Cabinet Makers (In Shop). Journey Level $22.74 1 View v
King Carpenters Acoustical Worker $74.96 15J 4C View
King Carpenters Bridge, Dock And Wharf $74.96 15J 4C View
Carpenters
King Carpenters Floor Layer Et Floor Finisher $74.96 15J 4C View 2
King Carpenters Journey Level $74.96 15J 4C View 2
r_
King Carpenters Scaffold Erector $74.96 15J 4C View '
E
King Cement Masons Application of all Composition $72.87 15J 41J View E
0
Mastic v
King Cement Masons Application of all Epoxy $72.37 15J 41J View o
Material N
King Cement Masons Application of all Plastic $72.87 15J 41J View
Material
6
King Cement Masons Application of Sealing $72.37 15J 41J View r
Compound 3
King Cement Masons Application of Underlayment $72.87 15J 41J View
King Cement Masons Building General $72.37 15J 41J View E
m
King Cement Masons Composition or Kalman Floors $72.87 15J 41J View
King Cement Masons Concrete Paving $72.37 15J 41J View
a
c
King Cement Masons Curb Et Gutter Machine $72.87 15J 41J View m
E
King Cement Masons Curb Et Gutter, Sidewalks $72.37 15J 41J View
King Cement Masons Curing Concrete $72.37 15J 41J View A.,
King Cement Masons Finish Colored Concrete $72.87 15J 41J View
about:blank I Packet Pg. 128
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King Cement Masons Floor Grinding $72.87 15.1 4U 1ew
King Cement Masons Floor Grinding/Polisher $72.37 15J 4U View
King Cement Masons Green Concrete Saw, self- $72.87 15. 4U View -0 0)
powered
King Cement Masons Grouting of all Plates $72.37 15J 4U View
King Cement Masons Grouting of all Tilt-up Panels $72.37 15J 4U View o
King Cement Masons Gunite Nozzleman $72.87 15.1 4U View a
King Cement Masons Hand Powered Grinder $72.87 15J 4U View
King Cement Masons Journey Level $72.37 15J 4U View 0
King Cement Masons Patching Concrete $72.37 15.1 41.1 View `o
0
King Cement Masons Pneumatic Power Tools $72.87 15J 4U View d
c
King Cement Masons Power Chipping Et Brushing $72.87 15.1 4U View
N
King Cement Masons Sand Blasting Architectural $72.87 15.1 4U View o
Finish
U
King Cement Masons Screed Et Rodding Machine $72.87 15J 4U View c
King Cement Masons Spackling or Skim Coat $72.37 15.1 4U View E
Concrete 0
King Cement Masons Troweling Machine Operator $72.87 15J 4U View v
King Cement Masons Troweling Machine Operator on $72.87 15J 4U View o
Colored Slabs y
c
King Cement Masons Tunnel Workers $72.87 15.1 4U View E
King Divers Et Tenders Bell/Vehicle or Submersible $129.71 15J 4C View
Operator (Not Under Pressure)
King Divers Et Tenders Dive Supervisor/Master $93.94 15.1 4C View
King Divers Et Tenders Diver $129.71 15. 4C 8V View r
c
King Divers Et Tenders Diver On Standby $88.94 15J 4C View 0
U
King Divers Et Tenders Diver Tender $80.82 15J 4C View N
King Divers Et Tenders Hyperbaric Worker - $93.26 15J 4C View M
Compressed Air Worker 0-30.00
PSI c
0
King Divers Et Tenders Hyperbaric Worker - $98.26 15J 4C View '
Compressed Air Worker 30.01 `-'
44.00 PSI
King Divers Et Tenders Hyperbaric Worker - $102.26 15. E 4C View E
Compressed Air Worker 44.01 �j
54.00 PSI I
c
King Divers Et Tenders Hyperbaric Worker - $107.26 15J 4C View g
Compressed Air Worker 54.01 c
60.00 PSI E
King Divers Et Tenders Hyperbaric Worker - $109.76 15J 4C View
Compressed Air Worker 60.01
64.00 PSI 3
King Divers Et Tenders Hyperbaric Worker - $114.76 15.1 4C View
Compressed Air Worker 64.01
68.00 PSI L
a�
King Divers Et Tenders Hyperbaric Worker - $116.76 15J 4C View Q
Compressed Air Worker 68.01 -
70.00 PSI E
z
King Divers Et Tenders Hyperbaric Worker - $118.76 15J 4C View u
Compressed Air Worker 70.01 Q
72.00 PSI
about:blank Packet Pg. 129
10/19/23,8:59 AM about:blank
King Divers Et Tenders Hyperbaric Worker - $120.76 15.1 4C 1ew
Compressed Air Worker 72.01
74.00 PSI 0
m
King Divers Et Tenders Manifold Operator $80.82 15J 4C View :2
King Divers Et Tenders Manifold Operator Mixed Gas $85.82 15.1 4C View -a
c
King Divers Et Tenders Remote Operated Vehicle $80.82 15.1 4C View f°
Operator/Technician
King Divers Et Tenders Remote Operated Vehicle $75.41 15J 4C View Q
Tender
King Dredge Workers Assistant Engineer $79.62 5D 3F View 0
King Dredge Workers Assistant Mate (Deckhand) $79.01 5D 3F View ,o
King Dredge Workers Boatmen $79.62 5D 3F View c
King Dredge Workers Engineer Welder $81.15 5D 3F View v;
c
King Dredge Workers Leverman, Hydraulic $82.77 5D 3F View 0
King Dredge Workers Mates $79.62 5D 3F View U
King Dredge Workers Oiler $79.01 5D 3F View
E
King Drywall Applicator Journey Level $74.96 15J 4C View E
King Drywall Tapers Journey Level $74.50 5P 1 E View v
King Electrical Fixture Maintenance Journey Level $37.19 5L 1 E View o
Workers y
c
King Electricians - Inside Cable Splicer $105.59 7C 4E View
E
King Electricians - Inside Cable Splicer (tunnel) $113.52 7C 4E View 'c
King Electricians - Inside Certified Welder $101.98 7C 4E View
t
King Electricians - Inside Certified Welder (tunnel) $109.56 7C 4E View
King Electricians - Inside Construction Stock Person $49.28 7C 4E View
c
King Electricians - Inside Journey Level $98.38 7C 4E View 0
U
King Electricians - Inside Journey Level (tunnel) $105.59 7C 4E View N
King Electricians - Motor Shop Journey Level $48.68 5A 16 View M
King Electricians - Powerline Cable Splicer $93.00 5A 4D View
Construction
0
King Electricians - Powerline Certified Line Welder $85.42 5A 4D View
Construction
0
King Electricians - Powerline Groundperson $55.27 5A 4D View E
Construction E
0
King Electricians - Powerline Heavy Line Equipment $85.42 5A 4D View v
Construction Operator o
King Electricians - Powerline Journey Level Lineperson $85.42 5A 4D View 'Ui
Construction
King Electricians - Powerline Line Equipment Operator $73.35 5A 4D View p
Construction
King Electricians - Powerline Meter Installer $55.27 5A 4D 8W View 3
Construction 4)
a)
King Electricians - Powerline Pole Sprayer $85.42 5A 4D View E
Construction ;v
a�
King Electricians - Powerline Powderperson $63.50 5A 4D View Q
Construction c
m
King Electronic Technicians Journey Level $63.38 7E 1 E View E
King Elevator Constructors Mechanic $107.49 7D 4A View r
r
King Elevator Constructors Mechanic In Charge $116.13 7D 4A View a
about:blank I Packet Pg. 130
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King Fabricated Precast Concrete All Classifications - In-Factory $21.34 5B 1 R 1ew
Products Work Only
King Fence Erectors Fence Erector $50.07 15J 4V 8Y View o
m
King Fence Erectors Fence Laborer $50.07 15J 4V 8Y View
King Flaggers Journey Level $50.07 15J 4V 8Y View
King Glaziers Journey Level $79.16 7L 1y View o
King Heat Et Frost Insulators And Journey Level $87.15 15H 11C View a
Asbestos Workers
King Heating Equipment Mechanics Journey Level $96.42 7F 1 E View o
King Hod Carriers Et Mason Tenders Journey Level $62.49 15J 4V 8Y View 0
0
King Industrial Power Vacuum Journey Level $15.74 1 View
Cleaner c
King Inland Boatmen Boat Operator $61.41 5B 1 K View
King Inland Boatmen Cook $56.48 5B 1 K View 2
King Inland Boatmen Deckhand $57.48 5B 1 K View 2
King Inland Boatmen Deckhand Engineer $58.81 5B 1 K View E
King Inland Boatmen Launch Operator $58.89 5B 1 K View E
King Inland Boatmen Mate $57.31 5B 1 K View v
King Inspection/Cleaning/Sealing Of Cleaner Operator $49.48 15M 110 View o
Sewer Et Water Systems By
Remote Control
E
King Inspection/Cleaning/Sealing Of Foamer Operator $49.48 15M 110 View B
Sewer Et Water Systems By.
Remote Control 3
- Y
King Inspection/Cleaning/Sealing Of Grout Truck Operator $49.48 15M 110 View
Sewer Et Water Systems By
Remote Control o
U
King Inspection/Cleaning/Sealing Of Head Operator $47.41 15M 110 View
Sewer Et Water Systems By oo
Remote Control
King Inspection/Cleaning/Sealing Of Technician $41.20 15M 110 View o
Sewer Et Water Systems By
Remote Control
.E
King Inspection/Cleaning/Sealing Of TV Truck Operator $44.31 15M 110 View
Sewer Et Water Systems By E
Remote Control v
King Insulation Applicators Journey Level $74.96 15J 4C View @
c
King Ironworkers Journeyman $85.80 15K 11 N View g
.N
King Laborers Air, Gas Or Electric Vibrating $59.07 15J 4V 8Y View
Screed E
0
King Laborers Airtrac Drill Operator $60.90 15J 4V 8Y View
r
King Laborers Ballast Regular Machine $59.07 15J 4V 8Y View 3
King Laborers Batch Weighman $50.07 15J 4V 8Y View
King Laborers Brick Pavers $59.07 15J 4V 8Y View
m
King Laborers Brush Cutter $59.07 15J 4V 8Y View Q
King Laborers Brush Hog Feeder $59.07 15J 4V 8Y View
c
King Laborers Burner $59.07 15J 4V 8Y View
E
King Laborers Caisson Worker $60.90 15J 4V 8Y View
King Laborers Carpenter Tender $59.07 15J 4V 8Y View a
King Laborers Cement Dumper-paving $60.15 15J 4V 8Y View
about:blank I Packet Pg. 131
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King Laborers Cement Finisher Tender $59.07 15.1 4V 8Y few
King Laborers Change House Or Dry Shack $59.07 15J 4V 8Y View
King Laborers Chipping Gun (30 Lbs. And $60.15 15.1 4V 8Y View -0)
Over)
King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 4V 8Y View
King Laborers Choker Setter $59.07 15J 4V 8Y View o
King Laborers Chuck Tender $59.07 15.1 4V 8Y View a
King Laborers Clary Power Spreader $60.15 15J 4V 8Y View
King Laborers Clean-up Laborer $59.07 15J 4V 8Y View v
King Laborers Concrete Dumper/Chute $60.15 15.1 4V 8Y View `o
Operator '~
ti
King Laborers Concrete Form Stripper $59.07 15J 4V 8Y View
King Laborers Concrete Placement Crew $60.15 15. 4V 8Y View o
King Laborers Concrete Saw Operator/Core $60.15 15J 4V 8Y View '
Driller
King Laborers Crusher Feeder $50.07 15J 4V 8Y View
King Laborers Curing Laborer $59.07 15. 4V 8Y View E
King Laborers Demolition: Wrecking Et Moving $59.07 15J 4V 8Y View v
(Incl. Charred Material) o
King Laborers Ditch Digger $59.07 15J 4V 8Y View
King Laborers Diver $60.90 15.1 4V 8Y View
King Laborers Drill Operator (Hydraulic, $60.15 15J 4V 8Y View
Diamond)
King Laborers Dry Stack Walls $59.07 15.1 4V 8Y View
King Laborers Dump Person $59.07 15.1 4V 8Y View
c
King Laborers Epoxy Technician $59.07 15J 4V 8Y View o
U
King Laborers Erosion Control Worker $59.07 15J 4V 8Y View N
King Laborers Faller Et Bucker Chain Saw $60.15 15J 4V 8Y View M
King Laborers Fine Graders $59.07 15J 4V 8Y View w
King Laborers Firewatch $50.07 15.1 4V 8Y View o
King Laborers Form Setter $60.15 15J 4V 8Y View
King Laborers Gabian Basket Builders $59.07 15.1 4V 8Y View o
E
King Laborers General Laborer $59.07 15.1 4V 8Y View E
0
King Laborers Grade Checker Et Transit Person $62.49 15J 4V 8Y View v
King Laborers Grinders $59.07 15J 4V 8Y View c
0
King Laborers Grout Machine Tender $59.07 15J 4V 8Y View
King Laborers Groutmen (Pressure) Including $60.15 15J 4V 8Y View
E
Post Tension Beams p
King Laborers Guardrail Erector $59.07 15.1 4V 8Y View
King Laborers Hazardous Waste Worker (Level $60.90 15J 4V 8Y View
A) a�
King Laborers Hazardous Waste Worker (Level $60.15 15.1 4V 8Y View
B)
King Laborers Hazardous Waste Worker (Level $59.07 15J 4V 8Y View Q
C)
King Laborers High Scaler $60.90 15J 4V 8Y View E
U
King Laborers Jackhammer $60.15 15.1 4V 8Y View r
King Laborers Laserbeam Operator $60.15 15J 4V 8Y View Q
about:blank I Packet Pg. 132
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King Laborers Maintenance Person $59.07 15J 4V 8Y few
King Laborers Manhole Builder-Mudman $60.15 15J 4V 8Y View
King Laborers Material Yard Person $59.07 15J 4V 8Y View -a)
King Laborers Mold Abatement Worker $59.07 15J 4V 8Y View >
King Laborers Motorman-Dinky Locomotive $62.59 15J 4V 8Y View a
King Laborers nozzleman (concrete pump, $62.49 15J 4V 8Y View g
green cutter when using a
combination of high pressure
air Et water on concrete Et
rock, sandblast, gunite, i�
shotcrete, water blaster, `o
vacuum blaster) d
ti
King Laborers Pavement Breaker $60.15 15J 4V 8Y View
King Laborers Pilot Car $50.07 15J 4V 8Y View o
King Laborers Pipe Layer (Lead) $62.49 15J 4V 8Y View
V
King Laborers Pipe Layer/Tailor $60.15 15J 4V 8Y View •r_
King Laborers Pipe Pot Tender $60.15 15J 4V 8Y View E
King Laborers Pipe Reliner $60.15 15J 4V 8Y View G
U
King Laborers Pipe Wrapper $60.15 15J 4V 8Y View
c
King Laborers Pot Tender $59.07 15J 4V 8Y View .y
King Laborers Powderman $60.90 15J 4V 8Y View
King Laborers Powderman's Helper $59.07 15J 4V 8Y View E
0
King Laborers Power Jacks $60.15 15J 4V 8Y View _
King Laborers Railroad Spike Puller - Power $60.15 15J 4V 8Y View 3
U
King Laborers Raker -Asphalt $62.49 15J 4V 8Y View
r
King Laborers Re-timberman $60.90 15J 4V 8Y View o
U
King Laborers Remote Equipment Operator $60.15 15J 4V 8Y View
N
King Laborers Rigger/Signal Person $60.15 15J 4V 8Y Viewoo
M
King Laborers Rip Rap Person $59.07 15J 4V 8Y View
N
King Laborers Rivet Buster $60.15 15J 4V 8Y View o
King Laborers Rodder $60.15 15J 4V 8Y View
King Laborers Scaffold Erector $59.07 15J 4V 8Y View
King Laborers Scale Person $59.07 15J 4V 8Y View E
E
King Laborers Sloper (Over 20") $60.15 15J 4V 8Y View °
U
King Laborers Sloper Sprayer $59.07 15J 4V 8Y View
King Laborers Spreader (Concrete) $60.15 15J 4V 8Y View °
.N
King Laborers Stake Hopper $59.07 15J 4V 8Y View E
King Laborers Stock Piler $59.07 15J 4V 8Y View p
King Laborers Swinging Stage/Boatswain $50.07 15J 4V 8Y View r
Chair 3
King Laborers Tamper Et Similar Electric, Air $60.15 15J 4V 8Y View E
Et Gas Operated Tools
L
King Laborers Tamper (Multiple Et Self- $60.15 15J 4V 8Y View �
propelled) Q
Y
King Laborers Timber Person - Sewer (Lagger, $60.15 15J 4V 8Y View
Shorer Et Cribber) z
King Laborers Toolroom Person (at Jobsite) $59.07 15J 4V 8Y View u
r
King Laborers Topper $59.07 15J 4V 8Y View Q
King Laborers Track Laborer $59.07 15J 4V 8Y View
about:blank I Packet Pg. 133
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King Laborers Track Liner (Power) $60.15 15.1 4V 8Y few
King Laborers Traffic Control Laborer $53.54 15J 4V 9C View
King Laborers Traffic Control Supervisor $56.73 15.1 4V 9C View -0)
King Laborers Truck Spotter $59.07 15J 4V 8Y View >
King Laborers Tugger Operator $60.15 15J 4V 8Y View a
King Laborers Tunnel Work-Compressed Air $175.79 15.1 4V 9B View g
Worker 0-30 psi a
King Laborers Tunnel Work-Compressed Air $180.82 15J 4V 9B View
Worker 30.01-44.00 psi o
King Laborers Tunnel Work-Compressed Air $184.50 15J 4V 9B View cL
Worker 44.01-54.00 psi %_
King Laborers Tunnel Work-Compressed Air $190.20 15.1 4V 9B View c
Worker 54.01-60.00 psi v;
c
King Laborers Tunnel Work-Compressed Air $192.32 15J 4V 9B View 2
Worker 60.01-64.00 psi
King Laborers Tunnel Work-Compressed Air $197.42 15J 4V 9B View
Worker 64.01-68.00 psi E
King Laborers Tunnel Work-Compressed Air $199.32 15J 4V 9B View G
Worker 68.01-70.00 psi U
R
King Laborers Tunnel Work-Compressed Air $201.32 15J 4V 9B View o
Worker 70.01-72.00 psi
King Laborers Tunnel Work-Compressed Air $203.32 15.1 4V 9B View
m
Worker 72.01-74.00 psi o
t
King Laborers Tunnel Work-Guage and Lock $62.59 15J 4V 8Y View 3
Tender
Y
V
King Laborers Tunnel Work-Miner $62.59 15J 4V 8Y View T
King Laborers Vibrator $60.15 15.1 4V 8Y View o
U
King Laborers Vinyl Seamer $59.07 15J 4V 8Y View
N
King Laborers Watchman $45.51 15.1 4V 8Y View00
M
King Laborers Welder $60.15 15J 4V 8Y View
N
King Laborers Well Point Laborer $60.15 15J 4V 8Y View o
King Laborers Window Washer/Cleaner $45.51 15J 4V 8Y View m'
King Laborers - Underground Sewer General Laborer Et Topman $59.07 15J 4V 8Y View
Et Water E
King Laborers - Underground Sewer Pipe Layer $60.15 15J 4V 8Y View v
Et Water
King Landscape Construction Landscape $45.51 15J 4V 8Y View o
Construction/Landscaping Or
Planting Laborers
E
King Landscape Construction Landscape Operator $82.25 15J 11 G 8X View p
King Landscape Maintenance Groundskeeper $17.87 1 View J
King Lathers Journey Level $74.96 15J 4C View
King Marble Setters Journey Level $69.07 7E 1 N View E
King Metal Fabrication In Shop). Fitter/Certified Welder $42.17 151 11 E View a)
King Metal Fabrication In Shop). General Laborer $30.07 151 11 E View Q
King Metal Fabrication (In Shop). Mechanic $43.63 151 11 E View
King Metal Fabrication (In Shop). Welder/Burner $39.28 151 11 E View E
King Millwright Journey Level $76.51 15J 4C View r
r
King Modular Buildings Cabinet Assembly $15.74 1 View a
King Modular Buildings Electrician $15.74 1 View
about:blank Packet Pg. 134
10/19/23,8:59 AM about:blank
King Modular Buildings Equipment Maintenance $15.74 1 1ew
King Modular Buildings Plumber $15.74 1 View
King Modular Buildings Production Worker $15.74 1 View -0 0)
King Modular Buildings Tool Maintenance $15.74 1 View >
King Modular Buildings Utility Person $15.74 1 View a
King Modular Buildings Welder $15.74 1 View g
King Painters Journey Level $51.71 6Z 11J View '
Q
King Pile Driver Crew Tender $80.82 15J 4C View
King Pile Driver Journey Level $75.41 15J 4C View �j
King Plasterers Journey Level $70.91 7Q 1 R View ,o
King Plasterers Nozzleman $74.91 7Q 1 R View
c
King Playground Et Park Equipment Journey Level $15.74 1 View vi
Installers
0
King Plumbers Et Pipefitters Journey Level $100.69 6Z 1G View
King Power Equipment Operators Asphalt Plant Operators $83.62 15J 11G 8X View r_
King Power Equipment Operators Assistant Engineer $78.65 15J 11G 8X View E
E
King Power Equipment Operators Barrier Machine (zipper) $82.88 15J 11G 8X View 0
King Power Equipment Operators Batch Plant Operator: concrete $82.88 15J 11G 8X View
c
King Power Equipment Operators Boat Operator $83.95 7A 11 H 8X View •y
King Power Equipment Operators Bobcat $78.65 15J 11G 8X View
King Power Equipment Operators Brokk - Remote Demolition $78.65 15J 11G 8X View p
Equipment _
King Power Equipment Operators Brooms $78.65 15J 11G 8X View 3
U
King Power Equipment Operators Bump Cutter $82.88 15J 11G 8X View
r
King Power Equipment Operators Cableways $83.62 15J 11G 8X View o
U
King Power Equipment Operators Chipper $82.88 15J 11G 8X View
King Power Equipment Operators Compressor $78.65 15J 11G 8X View 04
04
King Power Equipment Operators Concrete Finish Machine - $78.65 15J 11G 8X View
Laser Screed
0
King Power Equipment Operators Concrete Pump - Mounted Or $82.25 15J 11G 8X View
Trailer High Pressure Line 2
Pump, Pump High Pressure
King Power Equipment Operators Concrete Pump: Truck Mount $83.62 15J 11G 8X View EE
With Boom Attachment Over 42 0
U
M
King Power Equipment Operators Concrete Pump: Truck Mount $82.88 15J 11G 8X View o
With Boom Attachment Up To
42m E
King Power Equipment Operators Conveyors $82.25 15J 11G 8X View o
King Power Equipment Operators Cranes Friction: 200 tons and $86.48 7A 11 H 8X View 3
over
King Power Equipment Operators Cranes, A-frame: 10 tons and $78.95 7A 11 H 8X View
E
under m
m
L
King Power Equipment Operators Cranes: 100 tons through 199 $84.77 7A 11 H 8X View
tons, or 150' of boom Q
(including jib with
attachments) E
King Power Equipment Operators Cranes: 20 tons through 44 $83.20 7A 11 H 8X View r
tons with attachments Q
about:blank Packet Pg. 135
10/19/23,8:59 AM about:blank
King Power Equipment Operators Cranes: 200 tons- 299 tons, or $85.66 7A 11 H 8X few
250' of boom including jib with
attachments o
m
King Power Equipment Operators Cranes: 300 tons and over or $86.48 7A 11 H 8X View :2
300' of boom including jib with
attachments =
King Power Equipment Operators Cranes: 45 tons through 99 $83.95 7A 11 H 8X View °
tons, under 150' of a
boom(including jib with
attachments) o
King Power Equipment Operators Cranes: Friction cranes through $85.66 7A 11 H 8X View v
L
199 tons 0
King Power Equipment Operators Cranes: through 19 tons with $82.56 7A 11 H 8X View c
attachments, a-frame over 10 S
tons
0
King Power Equipment Operators Crusher $82.88 15J 11G 8X View
King Power Equipment Operators Deck Engineer/Deck Winches $82.88 15J 11G 8X View
(power) E
King Power Equipment Operators Derricks, On Building Work $83.62 15J 11G 8X View E
U
King Power Equipment Operators Dozers D-9 & Under $82.25 15J 11G 8X View
King Power Equipment Operators Drill Oilers: Auger Type, Truck $82.25 15J 11G 8X View o_
Or Crane Mount
c
m
King Power Equipment Operators Drilling Machine $84.46 15J 11G 8X View E_
King Power Equipment Operators Elevator and man-lift: $78.65 15J 11G 8X View
t
permanent and shaft type 3
King Power Equipment Operators Finishing Machine, Bidwell And $82.88 15J 11G 8X View
Gamaco It Similar Equipment
King Power Equipment Operators Forklift: 3000 lbs and over with $82.25 15J 11G 8X View v
attachments
King Power Equipment Operators Forklifts: under 3000 lbs. with $78.65 15J 11G 8X View
Go
attachments
King Power Equipment Operators Grade Engineer: Using Blue $82.88 15J 11G 8X View
Prints, Cut Sheets, Etc
King Power Equipment Operators Gradechecker/Stakeman $78.65 15J 11G 8X View
King Power Equipment Operators Guardrail Punch $82.88 15J 11G 8X View
E
King Power Equipment Operators Hard Tail End Dump $83.62 15J 11G 8X View E
Articulating Off- Road v
Equipment 45 Yards. Et Over @
c
King Power Equipment Operators Hard Tail End Dump $82.88 15J 11G 8X View
Articulating Off-road
Equipment Under 45 Yards E
King Power Equipment Operators Horizontal/Directional Drill $82.25 15J 11G 8X View
Locator =
3
King Power Equipment Operators Horizontal/Directional Drill $82.88 15J 11G 8X View
Operator
E
King Power Equipment Operators Hydralifts/Boom Trucks Over $82.56 7A 11 H 8X View L
10 Tons Q
King Power Equipment Operators Hydralifts/boom trucks: 10 $78.95 7A 11 H 8X View
tons and under m
King Power Equipment Operators Leverman $85.33 15J 11G 8X View Z
King Power Equipment Operators Loader, Overhead, 6 Yards. But $83.62 15J 11G 8X View Q
Not Including 8 Yards
about:blank Packet Pg. 136
10/19/23,8:59 AM about:blank
King Power Equipment Operators Loaders, Overhead Under 6 $82.88 15J 11G 8X 1ew
Yards
King Power Equipment Operators Loaders, Plant Feed $82.88 15J 11G 8X View 0
m
King Power Equipment Operators Loaders: Elevating Type Belt $82.25 15J 11G 8X View
King Power Equipment Operators Locomotives, All $82.88 15J 11G 8X View c
King Power Equipment Operators Material Transfer Device $82.88 15J 11G 8X View o
King Power Equipment Operators Mechanics: All (Leadmen $84.46 15J 11G 8X View a
$0.50 per hour over mechanic)
King Power Equipment Operators Motor Patrol Graders $83.62 15J 11G 8X View o
King Power Equipment Operators Mucking Machine, Mole, Tunnel $83.62 15J 11G 8X View 0
Drill, Boring, Road Header °
And/or Shield
c
King Power Equipment Operators Oil Distributors, Blower $78.65 15J 11G 8X View v;
Distribution 8t Mulch Seeding o
Operator
U
King Power Equipment Operators Outside Hoists (Elevators and $82.25 15J 11G 8X View r_
Manlifts), Air Tuggers, Strato E
King Power Equipment Operators Overhead, bridge type Crane: $83.20 7A 11 H 8X View E
20 tons through 44 tons v
King Power Equipment Operators Overhead, bridge type: 100 $84.77 7A 11 H 8X View o
tons and over y
c
King Power Equipment Operators Overhead, bridge type: 45 tons $83.95 7A 11 H 8X View
through 99 tons E
0
King Power Equipment Operators Pavement Breaker $78.65 15J 11G 8X View
King Power Equipment Operators Pile Driver (other Than Crane $82.88 15J 11G 8X View 3
Mount) i
King Power Equipment Operators Plant Oiler -Asphalt, Crusher $82.25 15J 11G 8X View
0
King Power Equipment Operators Posthole Digger, Mechanical $78.65 15J 11G 8X View v
King Power Equipment Operators Power Plant $78.65 15J 11G 8X View
00
King Power Equipment Operators Pumps - Water $78.65 15J 11G 8X View
King Power Equipment Operators Quad 9, Hd 41, D10And Over $83.62 15J 11G 8X View o
King Power Equipment Operators Quick Tower: no cab, under $82.88 15J 11G 8X View
100 feet in height base to 2
boom 0
E
King Power Equipment Operators Remote Control Operator On $83.62 15J 11G 8X View E
Rubber Tired Earth Moving �j
Equipment
c
King Power Equipment Operators Rigger and Bellman $78.95 7A 11 H 8X View g
.N
King Power Equipment Operators Rigger/Signal Person, $82.56 7A 11 H 8X View
Bellman(Certified) E
0
King Power Equipment Operators Rollagon $83.62 15J 11G 8X View
r
King Power Equipment Operators Roller, Other Than Plant Mix $78.65 15J 11G 8X View 3
King Power Equipment Operators Roller, Plant Mix Or Multi-lift $82.25 15J 11G 8X View
Materials E
King Power Equipment Operators Roto-mill, Roto-grinder $82.88 15J 11G 8X View L
a�
King Power Equipment Operators Saws - Concrete $82.25 15J 11G 8X View Q
King Power Equipment Operators Scraper, Self Propelled Under $82.88 15J 11G 8X View
45 Yards E
z
King Power Equipment Operators Scrapers - Concrete Et Carry All $82.25 15J 11G 8X View r
r
King Power Equipment Operators Scrapers, Self-propelled: 45 $83.62 15J 11G 8X View a
Yards And Over
about:blank I Packet Pg. 137
10/19/23,8:59 AM about:blank
King Power Equipment Operators Service Engineers: Equipment $82.25 15J 11G 8X 1ew
King Power Equipment Operators Shotcrete/Gunite Equipment $78.65 15J 11G 8X View
King Power Equipment Operators Shovel, Excavator, Backhoe, $82.25 15J 11G 8X View -0)
Tractors Under 15 Metric Tons
King Power Equipment Operators Shovel, Excavator, Backhoe: $83.62 15J 11G 8X View
Over 30 Metric Tons To 50 f°
=
Metric Tons o
a
King Power Equipment Operators Shovel, Excavator, Backhoes, $82.88 15J 11G 8X View Q
Tractors: 15 To 30 Metric Tons
King Power Equipment Operators Shovel, Excavator, Backhoes: $84.46 15J 11G 8X View 0
Over 50 Metric Tons To 90 0
Metric Tons d
ti
King Power Equipment Operators Shovel, Excavator, Backhoes: $85.33 15J 11G 8X View S
Over 90 Metric Tons
c
King Power Equipment Operators Slipform Pavers $83.62 15J 11G 8X View
King Power Equipment Operators Spreader, Topsider Et $83.62 15J 11G 8X View r
Screedman 3
E
King Power Equipment Operators Subgrader Trimmer $82.88 15J 11G 8X View E
King Power Equipment Operators Tower Bucket Elevators $82.25 15J 11G 8X View v
King Power Equipment Operators Tower Crane: over 175' through $85.66 7A 11 H 8X View o
250' in height, base to boom y
c
King Power Equipment Operators Tower crane: up to 175' in $84.77 7A 11 H 8X View
height base to boom E
0
King Power Equipment Operators Tower Cranes: over 250' in $86.48 7A 11 H 8X View
height from base to boom 3
King Power Equipment Operators Transporters, All Track Or Truck $83.62 15J 11G 8X View i
Type o
King Power Equipment Operators Trenching Machines $82.25 15J 11G 8X View c)
King Power Equipment Operators Truck Crane Oiler/Driver: 100 $83.20 7A 11 H 8X View N
tons and over 00
M
King Power Equipment Operators Truck crane oiler/driver: under $82.56 7A 11 H 8X View w
100 tons
0
King Power Equipment Operators Truck Mount Portable Conveyor $82.88 15J 11G 8X View cc
King Power Equipment Operators Vac Truck (Vactor Guzzler, $82.88 15J 11G 8X View E
Hydro Excavator)
King Power Equipment Operators Welder $83.62 15J 11G 8X View v
King Power Equipment Operators Wheel Tractors, Farman Type $78.65 15J 11G 8X View @
c
King Power Equipment Operators Yo Yo Pay Dozer $82.88 15J 11G 8X View g
.N
King Power Equipment Operators- Asphalt Plant Operators $83.62 15J 11G 8X View
Underground Sewer Et Water E
0
King Power Equipment Operators- Assistant Engineer $78.65 15J 11G 8X View
Underground Sewer Et Water 3
King Power Equipment Operators- Barrier Machine (zipper) $82.88 15J 11G 8X View
Underground Sewer Et Water E
m
King Power Equipment Operators- Batch Plant Operator, Concrete $82.88 15J 11G 8X View L
Underground Sewer Et Water
a
King Power Equipment Operators- Boat Operator $83.95 7A 11 H 8X View
Underground Sewer Et Water
E
King Power Equipment Operators- Bobcat $78.65 15J 11G 8X View u
Underground Sewer Et Water r
King Power Equipment Operators- Brokk - Remote Demolition $78.65 15J 11G 8X View
Q
about:blank I Packet Pg. 138
10/19/23,8:59 AM about:blank
Underground Sewer Et Water Equipment
King Power Equipment Operators- Brooms $78.65 15J 11G 8X View
Underground Sewer Et Water 0
King Power Equipment Operators- Bump Cutter $82.88 15J 11G 8X View
Underground Sewer Et Water
c
King Power Equipment Operators- Cableways $83.62 15J 11G 8X View
Underground Sewer Et Water °
King Power Equipment Operators- Chipper $82.88 15J 11G 8X View a
Underground Sewer Et Water
King Power Equipment Operators- Compressor $78.65 15J 11G 8X View 0
Underground Sewer Et Water `o
King Power Equipment Operators- Concrete Finish Machine - $78.65 15J 11G 8X View Li
Underground Sewer Et Water Laser Screed S
King Power Equipment Operators- Concrete Pump - Mounted Or $82.25 15J 11G 8X View c
Underground Sewer Et Water Trailer High Pressure Line 0
Pump, Pump High Pressure cf°i
King Power Equipment Operators- Concrete Pump: Truck Mount $83.62 15J 11G 8X View
Underground Sewer Et Water With Boom Attachment Over 42 E
M 0
U
King Power Equipment Operators- Concrete Pump: Truck Mount $82.88 15J 11G 8X View
Underground Sewer Et Water With Boom Attachment Up To 0
42m y
c
King Power Equipment Operators- Conveyors $82.25 15J 11G 8X View
Underground Sewer Et Water o
King Power Equipment Operators- Cranes Friction: 200 tons and $86.48 7A 11 H 8X View
Underground Sewer Et Water over 3
Y
U
King Power Equipment Operators- Cranes, A-frame: 10 tons and $78.95 7A 11 H 8X View
Underground Sewer Et Water under o
King Power Equipment Operators- Cranes: 100 tons through 199 $84.77 7A 11 H 8X View L?
Underground Sewer Et Water tons, or 150' of boom N
(including jib with M
attachments)
N
King Power Equipment Operators- Cranes: 20 tons through 44 $83.20 7A 11 H 8X View o
Underground Sewer Et Water tons with attachments
King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $85.66 7A 11 H 8X View '2
Underground Sewer Et Water 250' of boom including jib with '
E
attachments E
0
King Power Equipment Operators- Cranes: 300 tons and over or $86.48 7A 11 H 8X View v
Underground Sewer Et Water 300' of boom including jib with
c
attachments g
.N
King Power Equipment Operators- Cranes: 45 tons through 99 $83.95 7A 11 H 8X View
Underground Sewer Et Water tons, under 150' of E
boom(including jib with
attachments)
King Power Equipment Operators- Cranes: Friction cranes through $85.66 7A 11 H 8X View
Underground Sewer Et Water 199 tons
King Power Equipment Operators- Cranes: through 19 tons with $82.56 7A 11 H 8X View
Underground Sewer Et Water attachments, a-frame over 10 Q
tons
Y
King Power Equipment Operators- Crusher $82.88 15J 11G 8X View
Underground Sewer Et Water E
_ z
King Power Equipment Operators- Deck Engineer/Deck Winches $82.88 15J 11G 8X View r
Underground Sewer Et Water (power) Q
about:blank Packet Pg. 139
10/19/23,8:59 AM about:blank
King Power Equipment Operators- Derricks, On Building Work $83.62 15J 11G 8X 1ew
Underground Sewer Et Water
King Power Equipment Operators- Dozers D-9 Et Under $82.25 15J 11G 8X View o
m
Underground Sewer Et Water
King Power Equipment Operators- Drill Oilers: Auger Type, Truck $82.25 15J 11G 8X View a
Underground Sewer Et Water Or Crane Mount ca
King Power Equipment Operators- Drilling Machine $84.46 15J 11G 8X View -0a
Underground Sewer Et Water a
King Power Equipment Operators- Elevator and man-lift: $78.65 15J 11G 8X View
Underground Sewer Et Water permanent and shaft type 0
U
King Power Equipment Operators- Finishing Machine, Bidwell And $82.88 15J 11G 8X View `o
Underground Sewer Et Water Gamaco Et Similar Equipment
King Power Equipment Operators- Forklift: 3000 lbs and over with $82.25 15J 11G 8X View
Underground Sewer Et Water attachments
King Power Equipment Operators- Forklifts: under 3000 lbs. with $78.65 15J 11G 8X View 2
Underground Sewer Et Water attachments 2
r_
King Power Equipment Operators- Grade Engineer: Using Blue $82.88 15J 11G 8X View '
Underground Sewer Et Water Prints, Cut Sheets, Etc E
King Power Equipment Operators- Gradechecker/Stakeman $78.65 15J 11G 8X View U
Underground Sewer Et Water
King Power Equipment Operators- Guardrail Punch $82.88 15J 11G 8X View °
Underground Sewer Et Water
King Power Equipment Operators- Hard Tail End Dump $83.62 15J 11G 8X View
Underground Sewer Et Water Articulating Off- Road
Equipment 45 Yards. Et Over 3
King Power Equipment Operators- Hard Tail End Dump $82.88 15J 11G 8X View
Underground Sewer Et Water Articulating Off-road f°
r
Equipment Under 45 Yards o
King Power Equipment Operators- Horizontal/Directional Drill $82.25 15J 11G 8X View v
Underground Sewer Et Water Locator N
King Power Equipment Operators- Horizontal/Directional Drill $82.88 15J 11G 8X View 0"0
Underground Sewer Et Water Operator w
c
King Power Equipment Operators- Hydralifts/boom trucks: 10 $78.95 7A 11 H 8X View
Underground Sewer Et Water tons and under
King Power Equipment Operators- Hydralifts/boom trucks: over $82.56 7A 11 H 8X View
Underground Sewer Et Water 10 tons E
King Power Equipment Operators- Leverman $85.33 15J 11G 8X View o
Underground Sewer Et Water v
King Power Equipment Operators- Loader, Overhead, 6 Yards. But $83.62 15J 11G 8X View o
Underground Sewer Et Water Not Including 8 Yards
m
King Power Equipment Operators- Loaders, Overhead Under 6 $82.88 15J 11G 8X View
Underground Sewer Et Water Yards o
King Power Equipment Operators- Loaders, Plant Feed $82.88 15J 11G 8X View 3
Underground Sewer Et Water +,
c
King Power Equipment Operators- Loaders: Elevating Type Belt $82.25 15J 11G 8X View
Underground Sewer Et Water
King Power Equipment Operators- Locomotives, All $82.88 15J 11G 8X View Q
Underground Sewer Et Water
Y
King Power Equipment Operators- Material Transfer Device $82.88 15J 11G 8X View E
Underground Sewer Et Water z
U
King Power Equipment Operators- Mechanics: All (Leadmen - $84.46 15J 11G 8X View
Underground Sewer Et Water $0.50 per hour over mechanic) Q
about:blank I Packet Pg. 140
10/19/23,8:59 AM about:blank
King Power Equipment Operators- Motor Patrol Graders $83.62 15J 11G 8X 1ew
Underground Sewer Et Water
King Power Equipment Operators- Mucking Machine, Mole, Tunnel $83.62 15J 11G 8X View 0
m
Underground Sewer Et Water Drill, Boring, Road Header
And/or Shield
King Power Equipment Operators- Oil Distributors, Blower $78.65 15J 11G 8X View c(ca
Underground Sewer Et Water Distribution Et Mulch Seeding 0
Operator a
King Power Equipment Operators- Outside Hoists (Elevators and $82.25 15J 11G 8X View r_
Underground Sewer Et Water Manlifts), Air Tuggers, Strato 0
U
King Power Equipment Operators- Overhead, bridge type Crane: $83.20 7A 11 H 8X View `o
Underground Sewer Et Water 20 tons through 44 tons '_
ti
King Power Equipment Operators- Overhead, bridge type: 100 $84.77 7A 11 H 8X View
Underground Sewer Et Water tons and over v;
c
King Power Equipment Operators- Overhead, bridge type: 45 tons $83.95 7A 11 H 8X View
Underground Sewer Et Water through 99 tons
King Power Equipment Operators- Pavement Breaker $78.65 15J 11G 8X View 0
Underground Sewer Et Water E
E
King Power Equipment Operators- Pile Driver (other Than Crane $82.88 15J 11G 8X View 0
Underground Sewer Et Water Mount) v
King Power Equipment Operators- Plant Oiler -Asphalt, Crusher $82.25 15J 11G 8X View 0
Underground Sewer Et Water
m
King Power Equipment Operators- Posthole Digger, Mechanical $78.65 15J 11G 8X View E
Underground Sewer Et Water o
King Power Equipment Operators- Power Plant $78.65 15J 11G 8X View 3
Underground Sewer Et Water
King Power Equipment Operators- Pumps - Water $78.65 15J 11G 8X View
`°
Underground Sewer Et Water o
King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $83.62 15J 11G 8X View v
Underground Sewer Et Water N
ao
King Power Equipment Operators- Quick Tower: no cab, under $82.88 15J 11G 8X View
Underground Sewer Et Water 100 feet in height base to w
boom o
King Power Equipment Operators- Remote Control Operator On $83.62 15J 11G 8X View
Underground Sewer Et Water Rubber Tired Earth Moving
Equipment E
King Power Equipment Operators- Rigger and Bellman $78.95 7A 11 H 8X View E
Underground Sewer Et Water v
King Power Equipment Operators- Rigger/Signal Person, $82.56 7A 11 H 8X View
0
Underground Sewer Et Water Bellman(Certified) N
c
King Power Equipment Operators- Rollagon $83.62 15J 11G 8X View
Underground Sewer Et Water o
King Power Equipment Operators- Roller, Other Than Plant Mix $78.65 15J 11G 8X View r
Underground Sewer Et Water 3
King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $82.25 15J 11G 8X View 0
Underground Sewer Et Water Materials E
L
King Power Equipment Operators- Roto-mill, Roto-grinder $82.88 15J 11G 8X View �
Underground Sewer Et Water Q
King Power Equipment Operators- Saws - Concrete $82.25 15J 11G 8X View
m
Underground Sewer Et Water E
z
King Power Equipment Operators- Scraper, Self Propelled Under $82.88 15J 11G 8X View
Underground Sewer Et Water 45 Yards Q
about:blank Packet Pg. 141
10/19/23,8:59 AM about:blank
King Power Equipment Operators- Scrapers - Concrete Et Carry All $82.25 15.1 11G 8X 1ew
Underground Sewer Et Water
King Power Equipment Operators- Scrapers, Self-propelled: 45 $83.62 15J 11G 8X View 0
m
Underground Sewer Et Water Yards And Over
King Power Equipment Operators- Shotcrete/Gunite Equipment $78.65 15.1 11G 8X View a
Underground Sewer Et Water ca
King Power Equipment Operators- Shovel, Excavator, Backhoe, $82.25 15J 11G 8X View '0a
Underground Sewer Et Water Tractors Under 15 Metric Tons a
King Power Equipment Operators- Shovel, Excavator, Backhoe: $83.62 15J 11G 8X View
Underground Sewer Et Water Over 30 Metric Tons To 50 0
U
Metric Tons
0
King Power Equipment Operators- Shovel, Excavator, Backhoes, $82.88 15.1 11G 8X View
Underground Sewer Et Water Tractors: 15 To 30 Metric Tons
King Power Equipment Operators- Shovel, Excavator, Backhoes: $84.46 15J 11G 8X View
Underground Sewer Et Water Over 50 Metric Tons To 90 0
Metric Tons f°
King Power Equipment Operators- Shovel, Excavator, Backhoes: $85.33 15J 11G 8X View
Underground Sewer Et Water Over 90 Metric Tons E
E
King Power Equipment Operators- Slipform Pavers $83.62 15.1 11G 8X View 0
Underground Sewer Et Water v
King Power Equipment Operators- Spreader, Topsider Et $83.62 15J 11G 8X View o
Underground Sewer Et Water Screedman
m
King Power Equipment Operators- Subgrader Trimmer $82.88 15.1 11G 8X View E
Underground Sewer Et Water o
King Power Equipment Operators- Tower Bucket Elevators $82.25 15.1 11G 8X View 3
Underground Sewer Et Water
King Power Equipment Operators- Tower Crane: over 175' through $85.66 7A 11 H 8X View
`°
Underground Sewer Et Water 250' in height, base to boom
0
King Power Equipment Operators- Tower crane: up to 175' in $84.77 7A 11 H 8X View v
Underground Sewer Et Water height base to boom N
King Power Equipment Operators- Tower Cranes: over 250' in $86.48 7A 11 H 8X View 0"0
Underground Sewer Et Water height from base to boom w
c
King Power Equipment Operators- Transporters, All Track Or Truck $83.62 15J 11G 8X View 0
Underground Sewer Et Water Type
King Power Equipment Operators- Trenching Machines $82.25 15.1 11G 8X View
Underground Sewer Et Water E
King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $83.20 7A 11 H 8X View 0
Underground Sewer Et Water tons and over v
King Power Equipment Operators- Truck crane oiler/driver: under $82.56 7A 11 H 8X View o
Underground Sewer Et Water 100 tons
m
King Power Equipment Operators- Truck Mount Portable Conveyor $82.88 15J 11G 8X View E
Underground Sewer Et Water o
King Power Equipment Operators- Vac Truck (Vactor Guzzler, $82.88 15J 11G 8X View 3
Underground Sewer Et Water Hydro Excavator) +,
c
King Power Equipment Operators- Welder $83.62 15J 11G 8X View
Underground Sewer Et Water
King Power Equipment Operators- Wheel Tractors, Farmall Type $78.65 15J 11G 8X View Q
Underground Sewer Et Water
Y
King Power Equipment Operators- Yo Yo Pay Dozer $82.88 15J 11G 8X View
Underground Sewer Et Water E
U
King Power Line Clearance Tree Journey Level In Charge $57.22 5A 4A View
Trimmers Q
about:blank Packet Pg. 142
10/19/23,8:59 AM about:blank
King Power Line Clearance Tree Spray Person $54.32 5A 4A few
Trimmers
King Power Line Clearance Tree Tree Equipment Operator $57.22 5A 4A View o
m
Trimmers
King Power Line Clearance Tree Tree Trimmer $51.18 5A 4A View a
Trimmers ca
King Power Line Clearance Tree Tree Trimmer Groundperson $38.99 5A 4A View 0a
Trimmers '
Q
King Refrigeration Et Air Conditioning Journey Level $93.51 6Z 1G View
Mechanics 0
U
King Residential Brick Mason Journey Level $69.07 7E 1 N View `o
0
King Residential Carpenters Journey Level $36.44 1 View d
King Residential Cement Masons Journey Level $46.64 1 View S
UT
King Residential Drywall Applicators Journey Level $74.96 15.1 4C View o
King Residential Drywall Tapers Journey Level $36.36 1 View
King Residential Electricians Journey Level $48.80 1 View
King Residential Glaziers Journey Level $28.93 1 View E
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King Residential Insulation Journey Level $28.18 1 View U
Applicators @
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King Residential Laborers Journey Level $29.73 1 View .y
King Residential Marble Setters Journey Level $27.38 1 View
King Residential Painters Journey Level $23.47 1 View E
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King Residential Plumbers Et Journey Level $100.69 6Z 1G View
Pipefitters 3
King Residential Refrigeration Et Air Journey Level $93.51 6Z 1G View u
Conditioning Mechanics
King Residential Sheet Metal Journey Level $96.42 7F 1 E View ci
Workers
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King Residential Soft Floor Lavers Journey Level $57.11 5A 3.1 View M
King Residential Sprinkler Fitters Journey Level $58.26 5C 2R View w
.(Fire Protection), o
King Residential Stone Masons Journey Level $69.07 7E 1 N View
King Residential Terrazzo Workers Journey Level $62.36 7E 1 N View
King Residential Terrazzo/Tile Journey Level $24.39 1 View E
Finishers o
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King Residential Tile Setters Journey Level $21.04 1 View @
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King Roofers Journey Level $61.95 5A 3H View g
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King Roofers Using Irritable Bituminous $64.95 5A 3H View
Materials E
King Sheet Metal Workers Journey Level (Field or Shop) $96.42 7F 1 E View
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King Shipbuilding Et Ship Repair New Construction Boilermaker $51.85 7X 4J View 3
King Shipbuilding Et Ship Repair New Construction Carpenter $51.85 7X 4J View
King Shipbuilding Et Ship Repair New Construction Crane $41.83 7V 1 View aE,
Operator
King Shipbuilding Et Ship Repair New Construction Electrician $51.85 7X 4J View Q
King Shipbuilding Et Ship Repair New Construction Heat Et Frost $87.15 15H 11C View
Insulator E
King Shipbuilding Et Ship Repair New Construction Laborer $51.85 7X 4J View r
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King Shipbuilding Et Ship Repair New Construction Machinist $51.85 7X 4J View Q
about:blank I Packet Pg. 143
10/19/23,8:59 AM about:blank
King Shipbuilding Et Ship Repair New Construction Operating $41.83 7V 1 few
Engineer
King Shipbuilding Et Ship Repair New Construction Painter $51.95 7X 4J View o
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King Shipbuilding Et Ship Repair New Construction Pipefitter $51.85 7X 4J View
King Shipbuilding Et Ship Repair New Construction Rigger $51.85 7X 4J View
King Shipbuilding Et Ship Repair New Construction Sheet Metal $51.85 7X 4J View o
King Shipbuilding Et Ship Repair New Construction Shipwright $51.85 7X 4J View a
King Shipbuilding Et Ship Repair New Construction $41.83 7V 1 View
Warehouse/Teamster 0
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King Shipbuilding Et Ship Repair New Construction Welder / $51.85 7X 4J View U
Burner °
King Shipbuilding Et Ship Repair Ship Repair Boilermaker $51.85 7X 4.1 View
King Shipbuilding Et Ship Repair Ship Repair Carpenter $51.85 7X 4J View
King Shipbuilding Et Ship Repair Ship Repair Crane Operator $45.06 7Y 4K View
King Shipbuilding Et Ship Repair Ship Repair Electrician $51.85 7X 4J View 2
King Shipbuilding Et Ship Repair Ship Repair Heat Et Frost $87.15 15H 11C View
Insulator E
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King Shipbuilding Et Ship Repair Ship Repair Laborer $51.85 7X 4J View v
King Shipbuilding Et Ship Repair Ship Repair Machinist $51.85 7X 4J View o
King Shipbuilding Et Ship Repair Ship Repair Operating Engineer $45.06 7Y 4K View
King Shipbuilding Et Ship Repair Ship Repair Painter $51.95 7X 4.1 View
King Shipbuilding Et Ship Repair Ship Repair Pipefitter $51.85 7X 4J View
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King Shipbuilding Et Ship Repair Ship Repair Rigger $51.85 7X 4J View 3
King Shipbuilding Et Ship Repair Ship Repair Sheet Metal $51.85 7X 4J View u
King Shipbuilding Et Ship Repair Ship Repair Shipwright $51.85 7X 4J View
King Shipbuilding Et Ship Repair Ship Repair Warehouse / $45.06 7Y 4K View 0
Teamster
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King Sign Makers Et Installers Journey Level $58.04 0 1 View M
.(Electrical).
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King Sign Makers Et Installers (Non- Journey Level $37.08 0 1 View o
Electrical),
King Soft Floor Layers Journey Level $66.32 15.1 4C View '2
King Solar Controls For Windows Journey Level $15.74 1 View E
King Sprinkler Fitters (Fire Journey Level $93.99 5C 1X View 0
Protection),
King Stage Rigging Mechanics (Non Journey Level $15.74 1 View o
Structural),
King Stone Masons Journey Level $69.07 7E 1 N View
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King Street And Parking Lot Sweeper Journey Level $19.09 1 View o
Workers r
King Surveyors Assistant Construction Site $82.56 7A 11 H 8X View
Surveyor
King Surveyors Chainman $78.95 7A 11 H 8X View m
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King Surveyors Construction Site Surveyor $83.95 7A 11 H 8X View
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King Surveyors Drone Operator (when used in $78.95 7A 11 H 8X View
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King Surveyors Ground Penetrating Radar $78.95 7A 11 H 8X View r
Operator a
King Telecommunication Technicians Journey Level $63.38 7E 1 E View
about:blank Packet Pg. 144
10/19/23,8:59 AM about:blank
King Telephone Line Construction - Cable Splicer $40.11 5A 2B few
Outside
King Telephone Line Construction - Hole Digger/Ground Person $26.67 5A 2B View o
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Outside
King Telephone Line Construction - Telephone Equipment Operator $33.49 5A 2B View a
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King Telephone Line Construction - Telephone Lineperson $37.90 5A 2B View '0a
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King Terrazzo Workers Journey Level $62.36 7E 1 N View
King Tile Setters Journey Level $62.36 7E 1 N View U
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King Tile, Marble Et Terrazzo Finisher $53.19 7E 1 N View ,o
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King Traffic Control Stripers Journey Level $89.54 15L 1K View
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King Truck Drivers Asphalt Mix Over 16 Yards $74.95 15.1 11M 8L View o
King Truck Drivers Asphalt Mix To 16 Yards $74.02 15J 11M 8L View
King Truck Drivers Dump Truck $74.02 15.1 11M 8L View
King Truck Drivers Dump Truck Et Trailer $74.95 15J 11M 8L View E
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King Truck Drivers Other Trucks $74.95 15J 11M 8L View 0
King Truck Drivers Ready Mix Transit Mix $74.95 15.1 11M 8L View
King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 View •0y
Installers
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King Well Drillers Et Irrigation Pump Oiler $15.74 1 View E
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King Well Drillers Et Irrigation Pump Well Driller $18.00 1 View 3
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about:blank Packet Pg. 145
8.1
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Agreement with RH2 Engineering for the Linda Heights
Pump Station Project - Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 12 to the
Consultant Services Agreement with RH2 Engineering, for the Linda
Heights Pump Station project, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: The Linda Heights Pump Station project consists of replacing and
relocating the existing wastewater lift station at Linda Heights Park. The existing
pump station is near the end of its operational lifespan.
Linda Heights Pump Station is located within Linda Heights Park. The Public Works
and Parks Departments have collaborated on the location within the park for a new
pump station, and aesthetics and conversion of property acquired using Recreation
and Conservation Office funds. This included navigating policy and technical
engineering challenges that will ultimately provide a successful project for both
sanitary sewer customers and recreational opportunities for park users.
This amendment will complete the design of the new pump station which will allow
construction to occur in 2024. The cost of this amendment is $70,279, which will
increase the overall contract amount to $398,779.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: None. This project is funded through the Sewer Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Amnd No. 12-SOW-Linda Heights LS (PDF)
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EXHIBIT A
Scope of Work
Amendment No. 12
City of Kent
Linda Heights Wastewater Pump Station
November 2023 E
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Background
RH2 Engineering, Inc., (RH2) and the City of Kent (City) have been working under Amendment Nos.
10 and 11 to prepare the bid-ready submittal package for the Linda Heights Wastewater Pump
Station project. Duringthe revisions tothe bid documents,the City requested major structural, minor
electrical, and civil design updates that were not included within the previous Amendment scopes of 0
work. Besides these design modifications, there were several additional submittals and revision
requests between RH2 and the City.
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Following City revision requests, RH2 will provide additional design effort to deliver extra sets of
submittal documents. This Scope of Work outlines the additional effort and costs to provide the w
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following design changes to the City.
1. The structural design changes require revisions to the pump station base elevation to provide
an additional safety factor for pump operation, structural calculations to support the depth 3
modification, and structural design for a Muffin Monster Manhole platform.
2. The electrical design changes include additional instrumentation throughout the pump
station, electrical ventilation design updates, and a generator catwalk evaluation. a
Instrumentation additions require updated power distributions plans, conduit schedules, and N
programmable logic controller drawings to be developed. 00
3. The main civil design change includes updating the 8-inch pipes to 12-inch pipes in the Muffin co
Monster Manhole. The increased pipe size will cause updates to the channel, knife gate
valves, and manhole location. aM
A summary of the requested modifications received on October 25t" and November 2"d to be
performed under task 1.2 include:
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1. Provide site grading inside of the fence line.
2. Adjust the finished floor elevation to approximately 386.54 feet. Update structural Cl?
calculations and structural design. o
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3. Show asphalt on the entire site inside the fence line and provide detail showing 4 inches of
asphalt over 2 inches of crushed surfacing top course. a
4. Add stair landing and rotate two (2) more stairs into the dry well. Confirm there is a minimum
of 2 feet to work on fittings, pump, and valves. E
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11/9/2023 4:32:30 PM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\KEN\512-082\CONTRACT\AMENDMENT NO.12\AMND NO.12-SOW-LINDA HEIGHTS LS.DOCX
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8.I.a
City of Kent Amendment No. 12
Linda Heights Wastewater Pump Station Exhibit A—Scope of Work
5. Show roof drain and gutter connection storm system. Tie roof/gutter storm system into the a
street storm line, other storm location, or wet well. 0
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6. Provide yard hydrant/hose bib near wet wells. c
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7. Address comments from November 2"d email from Chris Wadsworth, including modifications in
to wet wells, receiving and Muffin Monster manholes, davit cranes, drain lines, bypass
pumping port vault, ducting, and RPBA heat tape outlet. a
Task 1 — Pump Station Modifications — Bid-Ready Documents
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Objective: Provide the City with the desired changes to the Linda Heights Wastewater Pump Station =
submittal at the bid-ready design level.
Approach:
1.1 Update the bid-ready plans and specifications based on City comments received in October `o
2023 including the following electrical, structural, and civil modifications:
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• Structural calculations and plan modifications for lowering the pump station base
by 1.8 feet.
• Structural calculations and plan details for Muffin Monster interior platform.
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• Foundation drain design and details due to the extra pump station depth.
• Staircase modifications due to depth. 3
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• Pump station flooding sensors.
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• Generator catwalk evaluation.
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• Muffin Monster relocation and pipe size modifications. N
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• Additional document submittals and revisions. M
1.2 Revise the current bid-ready plans and specifications to include the updated finished floor _J
elevation, structural calculations, mechanical, electrical and site civil design.
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RH2 Deliverables:
• Update plans and specifications with the City's most recent revision requests in electronic
PDF via email.
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11/9/2023 4:32:30 PM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\KEN\512-082\CONTRACT\AMENDMENT NO.12\AMND NO.12-SOW-LINDA HEIGHTS LS.DOCX
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8.J
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: 108th Avenue SE and 264th Street Compact Roundabout —
Additional Grant Funds - Authorize
MOTION: I move to authorize the Mayor to accept additional grant funds
for the 108th Avenue SE and 264th Street Compact Roundabout Project in
the amount of $709,000, amend the budget, authorize the expenditure of
funds, 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 108t" Avenue SE and SE 264t" Street Compact Roundabout
project, currently under construction, will replace the current stop sign controlled
intersection with a new compact roundabout. As part of the construction, new
concrete curb, storm drainage, concrete retaining wall, sidewalk, driveways, asphalt
pavement, striping and illumination will be built.
City Council originally authorized the acceptance of $885,000 in grant funds for this
project in March 2021. In June of 2023, since the project was construction ready,
WSDOT offered additional funding of $709,000. The additional funds will help cover
the local match and increased construction costs from the original scoping estimate.
The project is anticipated to be completed in Summer 2024.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: Grant funds will add $709,000 to the project budget. Match for
this grant will be paid for out of the Street Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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ATTACHMENTS:
1. LAA Supplement No.2 (PDF)
2. Supplement 1 (PDF)
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Aim
Washington State Local Agency Agreement Supplement
Department of Transportation
Agency Supplement Number
City of Kent 2
Federal Aid Project Number Agreement Number CFDA No. 20.205-Highway Planning
HSIP-1129(001) LA-10197 and Construction
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment _
(2 CFR Part 180).Additional changes to the agreement are as follows: l
Project Description 0
Name 108th Ave SE&SE 264th St Compact Roundabout Length N/A M
Termini Intersection of 108th Avenue SE&SE 264th Street
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Description of Work ✓ No Change
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Reason for Supplement L)
Update CN Funds to add additional approved funds
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Are you claiming indirect cost rate? []Yes ✓ No Project Agreement End Date 12/31/26
Advertisement Date 4/1/23
Estimate of Fun din N
(1) (3) (4) (5)
2
Type of Work Previous ( ) Estimated Total Estimated Agency Estimated Federal w
Agreement/Suppl. Supplement Project Funds Funds Funds U)
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PE 00 %a.A enc 0'
b.Other Consultant 0.00 Q
Federal Aid c.Other 0.00 r
Participation 0.00 0
Ratio for PE d.State Services
e.Total PE Cost Estimate a+b+c+d 0.00 0.00 0.00 0.00 0.00
Right of Way/�f.Agency 0.00 N
0
100 .Other A T`� �14 M E1J.-(- �0 0.00 :���2 �i= e N
Federal Aid h.Other 0.00 0
Participation 0.00 Z
Ratio for RW i.State Services r
0
Total RIW Cost Estimate f+ +h+i 0.00 0.00 0.00 0.00 0.00 m
Construction 000 a�Ei
100 % k.Contract . a
I.Other Contract 0.00 C
m.Other Consultant 0.00 N
Federal Aid 0.00 Q
n.Other Consultant J
Participation 0.00
Ratio for CN o.A enc 0.00 a0i
p.State Services E
q.Total CN Cost Estimate k+l+m+n+o+ 0.00 10.00 0.00 0.00 0.00
r.Total Project Cost Estimate a++ 0.00 10.00 0.00 0.00 0.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a a
condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official Washington State Department of Transportation
By G%4� t - By
Title WM9S Rf-`T°2 Director, Local Program
Agency Date lilt Date Executed
DOT Form 140-041 Page 1
Revised 04/2022
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8.J.a
Agency Supplement Number
City of Kent 2
Federal Aid Project Number Agreement Number CFDA No. 20.205-Highway Planning
HSIP-1129(001) LA-10197 and Construction
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid
by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation
Act, as amended, 2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal �!
participation in this project. �°
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. M
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred c
costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead 0
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200- Uniform Admin. Requirements, Cost Principles and Audit Requirements for Q.
Federal Awards, and retained for audit. E
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government v
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government(see Section IX). N
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VII. Audit of Federal Consultant Contracts N
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine
eligible federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the
State and the Federal Government. w
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United
States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of Q
understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the c
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX. Payment of Billing
00
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g.,
State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State cN
within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular z
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director, Local Programs.
E
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309). T
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs a
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project in
Agreement End Date or they become ineligible for federal reimbursement. Q
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Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal
awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for Q
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA).
DOT Form 140-041 Page 2
Revised 04/2022
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Washington state .0
�AP Department of Transportation -a
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Federal Aid Number: HSIP-1129(001)
Agreement Number: LA-10197 U
Project Title : 108th Ave. SE&SE 264th St. Compact Roundabout, Kent 0.
SupplementNumber: 2 E
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Estimate of Funding
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Type of Work (1) (2) (3) (4) (5) to
PREVIOUS AGREEMENT/ SUPPLEMENT ESTIMATED TOTAL ESTIMATED ESTIMATED FE N
SUPPLEMENT PROJECT FUNDS AGENCYFUNDS FUNDS -a
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P.E. a. Agency $236,766 $236,766 $236,76 0
100% b. Consultant $13,293 $13,293 $13,29' y
Federal Aid c. Other
7
Participation d State Services $3,000 $3,000 $3,000
at
Ratio for PE e Total PE Cost Est.(a+b+c+d) $253,059 $0 $253,059 $0 $253,05 Q
Right of Way f Agency M
% g Other p
Federal Aid h Other
Participation i State M
N
Ratio for RW j Total R/W Cost Est.(f+g+h+i) $0 $0 $0 $0 $0 M
Construction k Contract $541,941 $499,000 $1,040,941 $1,040,9•
I Contract $594,000 -$450,427 $143,573 $143,573
m Consultant $40,000 $210,000 $250,000 $250,00 0
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n Consultant $110,000 -$107,155 $2,845 $2,845
100% o Agency $45,000 $5,000 $50,000 $50,00( rL
Federal Aid p Agency $5,000 -$5,000 N
Participation q State Services $5,000 $5,000 $5,000
Ratio for CN r Total Const.Cost Est.(k+l+m+n+o+p+q) $1,340,941 $151,418 $1,492,359 $151,418 $1,340,9•
s.Total Project Cost Estimate(e+j+r) $1,594,000 $151,418 $1,745,418 $151,418 $1,594,01 t
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8.K
KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: South 224th Street Corridor Phase 3 - PSE Schedule 74
Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the PSE Schedule 74
Construction Agreement for the South 224th Street Corridor Phase 3
project, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The South 224th Street Phase 3 Project will consist of widening the
corridor from 94th Place South to 99th Avenue South. Improvements include a new
turn lane, widened shoulders, curbs, gutters, sidewalks, planter strips, and a
roundabout at the intersection of 98th Avenue South and South 216th Street.
To complete the project, existing overhead utilities need to be relocated
underground in accordance with the City's utility undergrounding ordinance.
Undergrounding of PSE power facilities will be included as part of the project,
communication companies will be undergrounding their facilities independently and
in advance of the project. The Schedule 74 Agreement identifies that PSE will be
responsible for 60% of the costs to underground its utility, while the City is
responsible for 40% of the costs; exclusive of trenching, backfill and restoration,
which are paid for by the City. The total cost to underground PSE's facilities is
$1,309,390.07. The City's 40% share of this cost is $368,135.63, and after
deducting for the value of the duct and vault the City is supplying for PSE's
facilities, the amount due PSE by the City is $134,705.03. A breakdown of these
costs is attached.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 154
8.K
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Sched 74 Construction Agreement 224th Corridor (PDF)
Packet Pg. 155
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SCHEDULE 74 UNDERGROUND CONVERSION
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Project Construction Agreement E
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Project Name: 224th Corridor Project- Phase III
Project Number: 101143715
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THIS Agreement, dated as of this day of 2023, is made by and between The City U)
of Covington, a Municipal cooperation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Cnn
Washington Corporation (the "Company"). a
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RECITALS v0i
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A. The Company is a public service company engaged in the sale and distribution of electric a
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its -°a
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
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B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the }'
"Conversion Area")with a comparable underground electric distribution system, all as more specifically �n
described in the Project Plan (the "Conversion Project").
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C. The Government Entity and the Company have previously entered into a Project Design t
Agreement dated as of January 28, 2022 (the "Design Agreement"), pursuant to which the parties c
completed certain engineering design, cost assessment, operating rights planning and other preliminary cn
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
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D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the o
Conversion Project, which both parties intend shall qualify as an underground conversion under the
terms of Schedule 74. L
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AGREEMENT r
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The Government Entity and the Company therefore agree as follows:
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1. Definitions.
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(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the a
same meanings when used in this Agreement, including, without limitation, the following: r_
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i) Cost of Conversion;
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ii) Public Thoroughfare;
iii) Temporary Service; 0
iv) Trenching and Restoration;
v) Underground Distribution System; and ti
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System U)
which is required by the Company and is not reasonably required to make the Underground c
Distribution System comparable to the overhead distribution system being replaced. For E
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
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Construction Agreement, Attachment"B"to Schedule 74, Page 1
224t" corridor project-Phase III 101143715 Pagel
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8.K.a
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or
less) of such diameter and number as may be specified and agreed upon in the Project Plan
necessary to replicate the load-carrying capacity (system amperage class) of the overhead
system being replaced.
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(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below. 3
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(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as W
changed and adjusted from time to time in accordance with Section 6, below. a
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
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(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the
Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time c
to time in accordance with Section 6, below. t�
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(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate
of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted N
from time to time in accordance with Section 6, below.
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(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution r
System which is requested by the Government Entity and is not reasonably required to make the c
Underground Distribution System comparable to the overhead distribution system being Cn
replaced. For purposes of the foregoing, any empty ducts installed at the request of the
Government Entity shall be a Government-Requested Upgrade. 00
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(i) "Party" shall mean either the Company, the Government Entity, or both. o
L
(j) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for `o
which the existing overhead electric distribution system is located, as of the date determined in v
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or(ii) pursuant to rights not
r
derived from a franchise previously granted by the Government Entity or pursuant to rights not N
otherwise previously granted by the Government Entity.
m
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design
Agreement and attached hereto as Exhibit A, as the same may be changed and amended from
time to time in accordance with Section 6, below. The Project Plan includes, among other a
things, (i) a detailed description of the Work that is required to be performed by each Party and o
any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description
of the Operating Rights that are required to be obtained by each Party for the Conversion Project '
(and the requirements and specifications with respect thereto), (iv) an itemization and summary
of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated v
Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service
Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. ti
m
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System. ..
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m Reimbursable Private Conversion Costs" shall mean i all Costs of Conversion, if any, incurred E
by the Company which are attributable to a Private Property Conversion, less (ii)the distribution
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pole replacement costs (if any)that would be avoided by the Company on account of such c
Private Property Conversion, as determined consistent with the applicable Company distribution E
facilities replacement program, plus (iii)just compensation as provided by law for the Company's
interests in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable Q
to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the
Estimated Reimbursable Private Conversion Costs without the prior written authorization of the a,
Government Entity.
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(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide W
Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed
to provide Temporary Service (less salvage value of removed equipment); provided that the a
Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable
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Temporary Service Costs without the prior written authorization of the Government Entity. y
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(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company c
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior c
written authorization of the Government Entity. v
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(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) N
incurred by the Company in connection with the Conversion Project; provided, however, that the
v
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior N
written authorization of the Government Entity. For the avoidance of doubt, the "Shared r
Company Costs" shall, as and to the extent specified in the Design Agreement, include the
actual, reasonable costs to the Company for the "Design Work" performed by the Company in
under the Design Agreement.
N
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(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified o
in the Project Plan is to be performed by the Government Entity as part of the Government :2
L
Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual `o
agreement, specified in the Project Plan are to be obtained by the Government Entity for the v
Conversion Project, but only to the extent attributable to that portion of such Operating Rights
which is necessary to accommodate the facilities of the Company; provided, however, that the N
Shared Government Costs shall not exceed the Estimated Shared Government Costs without r
the prior written authorization of the Company.
m
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include,
Q
without limitation, (i) costs to the Government Entity for Trenching and Restoration, or(ii) costs
0
associated with any joint use of trenches by other utilities as permitted under Section 3(b).
L
(s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as o
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). v
ti
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below. U)
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2. Obligations of the Company.
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(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as c
specified in, and in accordance with the design and construction specifications and other E
requirements set forth in, the Project Plan (the "Company Work"):
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i) furnish and install an Underground Distribution System within the Conversion Area Q
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to 3
inspect the performance of any duct and vault installation Work which the Parties
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have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground W
Distribution System and removal of facilities of any other utilities that are connected
to the poles of the overhead system, remove the existing overhead system a
(including associated wires and Company-owned poles) of 15,000 volts or less within
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the Conversion Area except for Temporary Services. y
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(b) Upon request of the Government Entity, the Company shall provide periodic reports of the c
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion o
Project is on target with respect to the Estimated Shared Company Costs, the Estimated v
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary
Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work
Schedule. N
v
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, N
N
operate and maintain all electrical facilities installed pursuant to this Agreement including, but t
not limited to, the Underground Distribution System and Underground Service Lines. c
Cn
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement. 00
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3. Obligations of the Government Entity. o
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(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the `o
following as specified in, and in accordance with the design and construction specifications and v
other requirements set forth in, the Project Plan (the "Government Work"):
N
i) provide the Trenching and Restoration; r
ii) perform the surveying for alignment and grades for ducts and vaults; and m
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
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(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the o
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards)with the L
Underground Distribution System or the installation or maintenance thereof. Any such use of the N
trenches by other utilities shall be done subject to and in accordance with the joint trench design o
specifications and installation drawings set forth or otherwise identified in the Project Plan, and v
the Government Entity shall be responsible for the coordination of the design and installation of ti
the facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the U)
progress of the Government Work identifying (i) the Government Work completed to date,
(ii)the Government Work yet to be completed, and (iii) an estimate regarding whether the
Conversion Project is on target with respect to the Estimated Shared Government Costs and the
Work Schedule. a
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(d) The Government Entity shall be responsible for coordinating all work to be performed in c
connection with the street improvement program within the Conversion Area. E
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(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. Q
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4. Work Schedule. a�
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below. U
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(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
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meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
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construction meeting, the Government Entity shall give the Company written notice to proceed L_
with the Work at least ten (10) business days prior to the commencement date specified in the -°a_
Work Schedule.
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(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the }'
Company performs the Company Work in accordance with the Work Schedule, the Company U
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives)for any claims, actions, damages, or liability asserted or N
N
arising out of delays in the Work Schedule. t
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5. Location of Facilities. in
v
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be00
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan. o
L
6. Changes. L
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(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not N
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in
the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work E
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party. a
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(b) If any change included in an approved Request for Change would cause a change in the cost of,
0
or the time required for, the performance of any part of the Work, an equitable adjustment shall L
be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, v
the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable 0
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the U
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the ti
objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are
unable to agree upon the terms of the equitable adjustment, either Party may submit the matter
for resolution pursuant to the dispute resolution provisions in Section 10, below. U
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(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further a
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equitably adjusted from time to time to reflect any change in the costs or time required to c
perform the Work to the extent such change is caused by: (i) any Force Majeure Event under m
Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects
the scope, cost, schedule or other aspect of the Work and was not known by or disclosed to the
affected Party prior to the date of this Agreement, or(iii) any change or inaccuracy in any Q
assumptions regarding the scope, cost, schedule or other aspect of the Work which are
expressly identified by the Parties in the Project Plan. Upon the request of either Party, the a,
Parties will negotiate in good faith with the objective of agreeing in writing on a mutually
acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon
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the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant
to the dispute resolution provisions in Section 10, below. W
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable a
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the a
proposed equitable adjustment of the other Party. L
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7. Compensation and Payment.
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(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the }'
Conversion Project and this Agreement shall be as follows: N
i) The Total Shared Costs shall be allocated to the Parties in the following N
percentages: (A) sixty percent (60%)to the Company, and (B) forty percent (40%)to t
the Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable in
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
00
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable o
Temporary Service Costs, if any. :2
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs c
to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) U
(i.e., Trenching and Restoration and surveying). r
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, N
provide and construct any Company-Initiated Upgrade. r
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain m
Operating Rights outside the Public Thoroughfare. E
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(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall a
determine the net amount payable by the Government Entity or the Company, as applicable, to c
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows: N
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i) Subtracting (as a credit to the Government Entity)the amount of the Shared v
Government Costs. ti
ii) Adding (as a credit to the Company)the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs. rn
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under 0
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
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The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a c
positive number, and (B) shall be an amount payable to the Government Entity if it is a negative E
number.
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(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity Q
shall provide the Company with an itemization of the Shared Government Costs (the
"Government Itemization"), together with such documentation and information as the Company a,
may reasonably request to verify the Government Itemization. The Government Itemization
shall, at a minimum, break down the Shared Government Costs by the following categories, as
t
applicable: (i) property and related costs incurred and/or paid by the Government Entity,
including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid W
by the Government Entity, including and listing separately inspection, labor, materials and
equipment, overhead and all costs charged by any agent, contractor or subcontractor of the a
Government Entity.
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(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and a
requested documentation and information, the Company shall provide the Government Entity a L
written statement (the "Company Statement") showing (i) an itemization of the Shared Company -0
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared U
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary }'
Service Costs, (vi) any credits to the Government Entity for payments previously made to the N
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and N
(vii)the Net Amount, as determined in accordance with Section 7(b), above, together with such t
documentation and information as the Government Entity may reasonably request to verify the c
Company Statement. The itemization of the Shared Company Costs included in the Company v)
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
00
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company. o
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement c
and requested documentation and information, the Net Amount shall be paid by the owing Party U
to the other Party, as specified in the Company Statement.
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8. Indemnification. r
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(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless E
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from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
L
to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful a
misconduct of the Government Entity in its performance under this Agreement. During the c
performance of such activities the Government Entity's employees or contractors shall at all
times remain employees or contractors, respectively, of the Government Entity.
L
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless =
0
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited t�
to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful ti
misconduct of the Company in its performance under this Agreement. During the performance
of such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company. rn
c
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, 0
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
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provided for in this Section 8 extends to any such claim brought against the indemnified Party by c
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any E
way preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
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9. Conversion of Service to Customers within Conversion Area.
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(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from
t
overhead to underground service within the applicable statutory period following written notice
from the Government Entity that service from underground facilities are available in accordance W
with RCW 35.96.050. Upon the request of any customer, other than a single family residential
a
customer, within the Conversion Area, the Company shall remove the overhead system and
connect such persons' and entities' Underground Service Lines to the Underground Distribution
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System.
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(b) The Parties acknowledge that single family residences within the Conversion Area must (i) a
provide a service trench and conduit, in accordance with the Company's specifications, from the -°a
underground meter base to the point of service provided during the conversion, and (ii) pay for
the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. U
The Government Entity shall exercise its authority to order disconnection and removal of
overhead facilities with respect to owners failing to convert service lines from overhead to }'
underground within the timelines provided in RCW 35.96.050. N
10. Dispute Resolution. N
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(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be c
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify cn
the other Party in writing as to the nature of the dispute. Each Party shall appoint a
representative who shall be responsible for representing the Party's interests. The
00
representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not
resolved within ten (10) business days of the date the disagreement was first raised by written o
notice shall be referred by the Parties' representatives in writing to the senior management of the :2
Parties for resolution. In the event the senior management are unable to resolve the dispute c
within twenty (20) business days (or such other period as the Parties may agree upon), each U
Party may pursue resolution of the dispute through other legal means consistent with the terms
of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes N
shall be confidential and shall be treated as compromise and settlement negotiations for
purposes of the state and federal rules of evidence. m
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(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable ;v
adjustment under Section 6, above, or the compensation payable by or to either Party under a
Section 7, above, and which is not resolved by senior management within the time permitted o
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the ,
Construction Industry Arbitration Rules of the American Arbitration Association then in effect.
The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All N
other disputes shall be resolved by litigation in any court or governmental agency, as applicable, o
having jurisdiction over the Parties and the dispute. v
ti
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own rn
attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees) by the other Party.
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(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their c
respective obligations under this Agreement during the pendency of any dispute. E
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11. Uncontrollable Forces.
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In the event that either Party is prevented or delayed in the performance of any of its obligations
under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that
Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall 3
include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm,
t
earthquake or other condition which necessitates the mobilization of the personnel of a Party or its
contractors to restore utility service to customers; laws, regulations, rules or orders of any W
governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
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contractors or a third party; or any failure or delay in the performance by the other Party, or a third
party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in
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connection with the Work or this Agreement. Upon removal or termination of the Force Majeure y
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Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in
an orderly and expedited manner under this Agreement or procure a substitute for such obligation. c
The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused
by a Force Majeure Event.
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12. Insurance.
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(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout N
the duration of the Conversion Project (or, if sooner, until termination of this Agreement)
v
comprehensive general liability insurances, with a minimum coverage of $1,000,000 per N
N
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/ t
aggregate for property damages, and professional liability insurance in the amount of $1,000,000
0
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(b) The Government Entity shall ensure that each of its contractors performing any Government
Work secures and maintains in force throughout the duration of the Conversion Project (or, if N
00
sooner, until termination of this Agreement) insurance policies having the same coverage,
amounts and limits as specified Section 12(a), above. o
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
0
insure against such risks in such amounts as are consistent with good utility practice. Upon the U
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance. N
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13. Other. m
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(a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff a
as approved by the Washington Utilities and Transportation Commission and in effect as of the o
date of this Agreement.
L
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and N
this Agreement upon written notice to the Company. In the event that the Government Entity o
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse v
the Company for all costs reasonably incurred by the Company in connection with the Work ti
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by
the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the U)
Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination
of the Conversion Project and/or this Agreement.
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(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
m
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(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply Q
with all applicable federal, state, and local laws, ordinances, and regulations.
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(e) No Discrimination. The Company, with regard to the Work performed by the Company under
this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, °
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color, national origin, religion, creed, age, sex, or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or supplies. W
(f) Independent Contractor. The Company and the Government Entity agree that the Company is a
an independent contractor with respect to the Work and this Agreement. The Company is acting
to preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and a
employee between the Parties. Neither the Company nor any employee of the Company shall L
be entitled to any benefits accorded employees of the Government Entity by virtue of the Work -°a
or this Agreement. The Government Entity shall not be responsible for withholding or otherwise o
deducting federal income tax or social security or contributing to the State Industrial Insurance v
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company. '
(g) Non waiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other N
right under this Agreement, and no course of dealing or performance with respect thereto, shall, t
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or c
relinquishment of any right under any provision of this Agreement or any right at law or equity not vn
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
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waiver thereof in any other instance or circumstance.
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(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing -°a_
contained in this Agreement is intended to confer any right or interest on anyone other than the c
Parties, their respective successors, assigns and legal representatives. U
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(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other c�•�
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts r
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental E
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regulatory authorities and courts that are required to be incorporated into agreements of this
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character are by this reference incorporated in this Agreement.
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(j) No Partnership. This Agreement shall not be interpreted or construed to create an association, °
joint venture or partnership between the Parties or to impose any partnership obligations or
liability upon either Party. Further, neither Party shall have any right, power or authority to enter N
into any agreement or undertaking for or on behalf of, to act as or be an agent or representative =
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of, or to otherwise bind the other Party. t)
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(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by rn
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Construction Agreement, Attachment"B"to Schedule 74, Page 10
224t" corridor project-Phase III 101143715 Page 10
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(1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy c
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and m
stamped with the required postage, to the intended recipient as follows:
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If to the Government Entity: City of Kent Q
220 Fourth Avenue South
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Kent, WA 98032
Attn: Abdunaser Almaroof 3
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Phone Number: 253-856-5535
If to the Company: Puget Sound Energy, Inc. W
6905 South 228th Street a
Kent WA 98032 r�
Attn: Katie Dierick
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Phone Number: 253-268-6331
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Any Party may change its address specified in this Section 13(I) by giving the other Party notice
of such change in accordance with this Section 13(I). c
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(m)Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing
conflict of laws), except to the extent such laws may be preempted by the laws of the United N
States of America.
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(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect r
to the subject matter hereof and all other agreements and understandings of the Parties, whether
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written or oral, with respect to the subject matter of this Agreement are hereby superseded in cn
their entireties; provided, however, that except as expressly set forth in this Agreement, nothing
herein is intended to or shall alter, amend or supersede the Design Agreement and the same 00
shall remain in full force and effect in accordance with its terms.
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(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the :2
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respective successors, assigns, purchasers, and transferees of the Parties, including but not `o
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or U
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or N
division thereof. r
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Government Entity: Company:
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PUGET SOUND ENERGY, INC. Q
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BY BY v
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ITS ITS U
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Date Signed Date Signed
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Approved as to form:
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Construction Agreement, Attachment"B"to Schedule 74, Page 11
224th corridor project-Phase III 101143715 Page 11
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PUGET SOUND ENERGY
The Energy To Do Great Things
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Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent — 224" Corridor Project Phase III W
PSE Project Number: 101143715 a
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11/03/2023
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Pursuant to Puget Sound Energy("PSE") Rate Schedule 74 and as described in this Project Plan, a
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PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an .°a
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the "Construction Work") to be performed by PSE and the City of Kent (the c0
"City") for the conversion of certain PSE electrical distribution system facilities as described
herein(the "Conversion Project"). Construction of this Conversion Project is contingent upon in
and shall commence only after both written acceptance of this Project Plan and written execution
of a Schedule 74 Construction Agreement by the City and PSE. N
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This Project Plan includes and consists of: 00
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• Description of the Construction Work to be performed
• Construction Drawings, Standards, Specifications and Requirements for the Construction N
Work (attached)
• Construction Work Schedule L0
• Construction Costs Estimate Summary(attached)
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Revisions to this Project Plan must be mutually approved by the City and PSE.
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Construction Work E
This Conversion Project will replace PSE's existing overhead electrical distribution system with 0)
an Underground Distribution System within the following area the job runs along S 218th St from
94th PI S to 98th Ave S. The work continues along 98th Ave S to S 216th St where the project limit
ends at 99th Ave S. The Conversion Project is approximately 3000 feet in length, including i
laterals and road crossings.
The Conversion Project includes modification or replacement of all existing services lines within v
the Conversion Area to connect to the Underground Distribution System and removal of PSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area
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There are no Company Initiated Upgrades, Government Entity Requested Upgrades or c
Temporary Service elements included in the Conversion Project Scope of Work. E
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City of Kent Q
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Responsibilities ofParties ,
City Responsibilities
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a) At least ten(10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review Q
project design, coordination requirements, work sequencing and related premobilization
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requirements.
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b) At least ten(10) business days prior to the scheduled commencement of Construction Work, y
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE w
materials to the job site and scheduling of PSE's on-site Inspector. a
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the z
City and PSE,the expected Conversion Project schedule, anticipation of service interruptions a
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and work required to be performed by customers. 0
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d) Coordinate other utility conversion, removal and relocation from PSE's poles. G
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e) Provide all surveying for equipment placement, locations, and establish all grade elevations L
for the Underground Distribution System within the Conversion Area. in
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f) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and N
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground system 'o
and service lines from the existing overhead distribution system to the new Underground
Distribution System. N
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g) Coordinate private property trenching, excavation and restoration activity with private L
property owners affected by this Conversion Project. -°a
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h) Provide flagging and traffic control as required for all work performed by the City. C
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i) Install and proof all ducts and vaults for the Underground Distribution System(excluding N
work in ducts or vaults containing energized cables or equipment —see PSE Responsibilities) N
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in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault 0
system is free and clear of damage, installed to the proper grade and at the proper location a,
and contains a pulling line. Q
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j) Provide at least five (10) business days' notice for scheduled delivery of PSE vaults by PSE's
vault supplier. N
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k) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The v
City shall be responsible for the security and condition of these materials until they are ti
installed and accepted by PSE or returned to PSE's custody.
1) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to in
the job site.
m) Promptly following notice from PSE that the Underground Distribution System has been
energized, provide notice to customers within the Conversion Area informing them of their
City of Kent Q
224th Corridor Project Phase III Underground Conversion Pagc 2
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obligation and responsibility to convert their overhead service lines to underground service
lines as provided by state law or to modify existing underground service lines for connection
to the Underground Distribution System. Affected service lines are listed in the Service
Lines section of this Project Plan.
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n) Facilitate weekly(or as otherwise agreed by the City and PSE) construction coordination Q
meetings to include all relevant parties participating in the conversion including PSE and it's
contractor(s),the City and it's contractor(s), and other utilities.
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o) Modify, reroute or replace service lines to City owned facilities to connect to the y
Underground Distribution System. w
p) Following notification from PSE that Construction Work is complete, provide to PSE any a
Shared Government Costs as provided for in the Construction Agreement.
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Puget Sound Enerl!y Responsibilities a
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a) Provide all duct and vault materials, cables, electrical equipment and components necessary -02
for installation of the Underground Distribution System including certifications of materials 0
origins (COMOs) as may be required for products that must meet applicable provisions of the v
Buy America Act as administered by the Federal Highways Administration(FHWA) and/or L
the Federal Transit Administration(FTA). in
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b) Following notice from the City, deliver or cause to be delivered all duct and vault materials N
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests. 'o
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c) Following notice from the City, provide inspection services needed for overseeing the proper N
installation of ducts and vaults by the City. CO
d) Accept delivery of the completed duct and vault system once the new system has been -000
proofed(as described above) by the City. PSE will provide a mandrel to the City to be used i
in proofing of the duct and vault system. v
e) Provide PSE electrical workers to complete duct installation and proofing when such work is N
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performed at or in any energized vault containing energized cables or equipment.
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f) Install(except for ducts and vaults installed by the City) and energize the Underground E
Distribution System. Provide written notice to the City when the Underground Distribution 2
System is energized.
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g) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item"f' concerning trenching c
responsibility). PSE will notify the City for excavation and the affected customers at least 0
two (2)business days prior to installation, transfer, and connection of underground service ti
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
h) Install and connect replacement underground service lines to single family residences and Cn
connect modified and replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service E
lines are listed in the Service Lines section of this Project Plan. M
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i) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
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The Underground Distribution System will be located within existing Public Thoroughfare. No
additional operating rights have been identified as being needed for this Conversion Project. Q
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Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule, y
unless this schedule is revised by mutual agreement of the City and PSE or circumstances w
beyond the reasonable control of the City and/or PSE preclude such performance. a
Installation of ducts and vaults: PSE's anticipated inspection day are based on 50 feet of trench dN
production per day. Approximately 3,000 feet of JUT at 50 feet per day would be 480 hours of z
inspection or, 60 working days. PSE's anticipated schedule is subject to change. The City's General a
Contractor will control the duct and vault installation schedule. -00
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Installation and energization of the Underground Distribution System: PSE anticipates 31 0
working days to build the new underground system.
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Removal of overhead facilities: PSE anticipates wreck out of overhead facilities to be Cn
approximately 5 working days of work. 14
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Construction Cost Estimate
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The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated N
costs are valid for ninety(90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully `o
executed within ninety(90) days from this date,the estimated costs shall be subject to revision.
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The scope of work provided for in the previously executed Design Agreement has been
completed with written acceptance of this Project Plan by the City and PSE. The Construction N
Cost Estimate reflects and provides for Construction Work costs commencing with PSE r
attendance at the required pre-construction meeting and receipt of the City's written notice to d
proceed with Construction Work. Work performed and/or costs incurred by PSE in response to 0)
City request following acceptance of the Project Plan and prior to the pre-construction meeting a,
are not included in the Construction Cost Estimate, and shall be subject to addition to the Q
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Construction Cost Estimate by revision as described below. 0
Estimated Inspection and Service Provider Outside Services costs are based on 2024 contract
rates. Costs for Construction Work performed by PSE after 2024 shall be subject to revision to c
reflect PSE Service Provider contract rates which become effective after this date. V
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Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs that differ from estimated costs shown in the Construction Cost Estimate
Summary. In the event performance of the Construction Work cannot or does not proceed Cn
substantially as provided in this Project Plan, such changes shall promptly be brought to the
attention of PSE and the City when anticipated or known and shall be documented in a revision
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to the Construction Cost Estimate (a"Cost Estimate Revision") mutually agreed and executed by
the City and PSE.
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Project Assumptions a
The project design, construction plans and cost estimates are based on and reflect the following a
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision. y
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Cost Assumptions a
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1. The Construction Work will be performed in accordance with the Construction Drawings and z
Construction Work Schedule. a
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2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
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installation work performed by the City within five (5)business days notice of completion v
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification),the City will perform the necessary remedial work. The City will then re-notify 2
PSE and PSE shall have five (5)business days to accept or reject the remedial work. Cn
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3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts and N
vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling N
equipment and methods. 'o
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4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete CO
permit application(including any supporting documentation reasonably required by the City).
There will be no charge for the permit or inspection fees. 0
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5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's `o
contractor opening a minimum of 50 feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE Inspector will be required during installation N
of ducts &vaults. The Inspector will be scheduled in full day increments and in one cm
continuous effort. Changes to a continuous schedule require a minimum of five days advance E
notice and must be mutually agreed between the City and PSE.
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6. Attendance by the PSE Project Manager at scheduled weekly construction coordination Q
meetings is included and reflected in the Construction Cost Estimate during periods when the c
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that 0
may be requested/required during other periods will be addressed by a Cost Estimate Revision. c
7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
8. Work to be performed by PSE does not include installation and/or removal of Temporary Cn
Service facilities at the request of others during construction.
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9. Cut-over and transfer work will be completed during regular working hours except as
described in Schedule Assumption#3 below. Changes in the performance of this work will
be addressed by a Cost Estimate Revision.
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10. New guy anchors shall be installed prior to installation of new ducts in the same area.
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11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100% to the City.
12. Installation of protective bollards may be necessary at some locations and may not be z
included in the project design. In the event unplanned bollards are required, associated costs co
will be a Shared Cost and addressed by a Cost Estimate Revision. LU
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Schedule M
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1. There will be a total of two (2) PSE crew mobilizations as follows: i) one mobilization of an z
underground line crew for installation of underground conductors and equipment; and ii) one a
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mobilization of an overhead line crew for removal of the existing overhead facilities. Once -°a
mobilized PSE crews will have continuous productive work until all PSE Construction Work o
is complete. v
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2. All PSE Construction Work will be performed during regular working hours from 8:OOam to 2
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4:OOPM, Monday through Friday, excluding holidays. PSE and the City will mutually agree s
to weekly work schedules for the Construction Work. PSE shall be allowed to perform PSE N
work as scheduled without changes or interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption of electric service C°
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution o
System. Cut-over and transfer work will be performed during the regular working hours
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specified in Schedule Assumption#2 above except as otherwise provided below. PSE will -°a
notify customers at least two (2)business days in advance of scheduled service interruptions. o
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Additional Considerations N
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Service Lines
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Service lines within the Conversion Area must be modified or replaced to provide underground Q
service from the Underground Distribution System as described in as listed in the Construction c
Drawings. Performance of the work and associated costs shall be governed by PSE Tariff
Schedule 85. All service line relocations and conversions are listed in the PSE construction N
design. v
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New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms Cn
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately. E
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PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's "Electric Distribution Trench/DuctNault Construction Standards, 2013". All relevant Q
PSE standard described above are attached to this Project Plan by this reference.
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Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in a
proximity to such poles, the City will coordinate with PSE to provide such support. The need to ,
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support"means supporting one or more poles for z
a continuous working period of ten hours or less. a
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Adiusting Energized Vaults to Final Grade
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If PSE is required to adjust (newly installed) and energized vault lids to final grade PSE will U
submit a change order to the City for labor and materials required for finial adjustment. This L
change order will be 100% City Cost. Any"existing" energized vault's that require final grade Cn
adjustments will be performed by PSE at 100% PSE cost.
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Acceptance of Project Plan
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The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: Q
For the City: For PSE: a
By: By:
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Date: Date:
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City of Kent Q
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SOUND FACILITY CONVERSION/MODIFICATION BILLING DETAIL -00
ENERGY
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Scope of Woi* 0
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TO: Kent The City of Kent is currently designing the 224th Corridor Project-Phase III(from 94th PL S to 99th Ave S).The project consists of
220 4th Ave S widening the existing street cross section,compact roundabout,relocate utilities and install joint trench,ROW acquisition,new d
sidewalk with planter strips,asphalt overlay,channelization,and other related work items.Budgetary good faith estimate. +L+
Kent,WA 98032
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Attn: Abdulnaser Almaroof N
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Project Description: Sch 74-Convert PSE Power Utilities from OH to UG 7
Location: S 218th Ave S-to-S 216th St(start from 94th PI S,end at 99th Ave S) 0
PSE Project Manager: Katie Dierick
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Activity: PSE Design Cost PSE Construction Cost Estimate Customer Installed Duct and Vault Change Orders i
PSE Order#: 101143715 101 143715 101143715 0
Customer Cost 40% Customer Cost 40% PSE Cost Share 60% i
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PSE Materials $301,461.07 0
PSE Construction Labor $ 215,540.70 $ 389,051.00 Customer Obligation $0.00
PSE Project Management $5,915.01 $17,436.99 PSE Obligation $0.00
PSE Inspection $ 85,536.00 N
PSE Overheads $6,857.86 $203,848.20
Federal Income Tax 1 1 $1,278.56 1 1 $82,464.68
otal ActualCosts: Is 14,051.43 1 S 906,287.64 1 $ 389,051.00
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TOTAL PROJECT VALUE: $1,309,390.07
Date: 4/5/2018 Kent Obligation Incl/CO's: $368,135.63 Q
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Kent Credit for D+V: -$233,430.60 0
PSE Billable Amount to Customer $134,705.03 U
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Billing Detail Form 5/01
Puget Sound Energy,Inc. PO Box 90868 Bellevue,WA 98009-0868
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KENT
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DATE: December 12, 2023
TO: Kent City Council
SUBJECT: South 224th Street Corridor Phase 3 - Temporary Pole
Relocation PSE Reimbursement Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a Reimbursement
Agreement with PSE for the South 224th Street Corridor Phase 3 project,
subject to final terms and conditions acceptable to the Public Works
Director and City Attorney.
SUMMARY: The South 224th Street Corridor Phase 3 project will include the
widening of the corridor from 94th Place South to 99th Avenue South. The Project
includes a new turn lane, widened shoulders, curbs, gutters, sidewalks and planter
strips, and will include a roundabout at the intersection of 98th Avenue South and
South 216th Street.
PSE overhead power lines will be placed underground as part of this project. The
existing overhead system must remain in place until all customers have converted
to the underground system. Existing poles are in conflict with proposed
underground utility work; therefore poles must be moved temporarily for
completion of the utility relocation. Temporary poles will allow for completion of the
neighboring work while providing service to neighbors of the project.
The cost due to PSE by the City for PSE to temporarily relocate its poles is
$147,180.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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ATTACHMENTS:
1. 224th Phase 3 PSE Power Reimb (PDF)
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REIMBURSEMENT AGREEMENT
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This Reimbursement Agreement ("Agreement") is between the City of
Kent, a Washington municipal corporation ("City"), and Puget Sound Energy, E
Inc., a Washington Corporation ("PSE").
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RECITALS a.
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A. The City will be constructing Phase III of the S. 224' St.
Corridor to continue the road improvements along S. 218t" St. from 95t" PI. o
S. to 99' Ave S. (the "Project"). The Project will widen the road to three
lanes with shoulders, curb, gutter and sidewalks, planter strips, storm
drainage, and lighting. The Project will also include the installation of a new a.
roundabout at the intersection of 981" Ave. S. and S. 2161" St. and will
underground all overhead power lines within the Project limits. 0
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B. The Project will require a Schedule 74 agreement with PSE to
underground the overhead power lines. However, the Project will also require M
a temporary relocation of the overhead power lines in advance of N
undergrounding to avoid conflicts during construction until the overhead a
system can be removed. This Agreement sets forth the terms under which
the City will reimburse PSE for its work to temporarily relocate the overhead -°a
power lines. o
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AGREEMENT a
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The City and PSE therefore agree as follows:
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1. SCOPE OF WORK
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1.1 PSE will relocate three poles approximately three feet back from `n
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their current location by shifting or sliding them while keeping the overhead
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lines intact. Also, PSE will install four temporary poles and remove one
existing pole to avoid conflicts with the Project ("Work"). E
1.2 The City will reimburse PSE for temporary relocation of the
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overhead power lines necessitated by the Project. 3
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2. REQUIREMENTS LU
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The independent contractor hired by PSE to perform this Work is referred to
as "the Contractor" in this Agreement. The Contractor, pursuant to a contract
with PSE, will be responsible for completing the Work. PSE represents that a
any such contract shall further require that the Contractor's Work be
performed in a good and workmanlike manner consistent with industry N
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standards and conducted in conformity with: (i) the applicable procedures
and requirements of the parties as described herein; and (ii) all applicable N
laws, ordinances, and regulations of any governmental authority. The ;
contract will require that the Contractor maintain in full force and effect at its E
own cost, insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the w
work by the contractor, its agents, representative, employees, sub a.
consultants, or subcontractors. o
3. RESPONSIBILITY OF THE PARTIES o
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3.1 PSE Coordination.
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(a) PSE shall maintain continued coordination with the City to
complete the Work by March 1, 2024 in advance of the City's 0
contractor beginning work on the Project. E
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(b) PSE shall apply for and obtain a Street Use permit from the City M
to perform the work and shall coordinate all work with the City's N
Construction Project Manager. a
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(c) PSE shall pay any claims for additional compensation made :2
under the City's contract for the Project resulting from delays with 0
PSE's Work in accordance with Section 4.2. r
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3.2 Title to Facilities. All rights, title, and interest in PSE's facilities
and associated equipment shall at all times remain with PSE.
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4. REIMBURSEMENT AND PAYMENT
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4.1 Design and Construction Costs. The City shall reimburse PSE for `n
all final and actual costs incurred by PSE to design and complete the Work cm
("Actual Design and Construction Costs"). Preliminary costs are estimated at
$147,180 attached as Exhibit A. Costs will be finalized after completion of the
work to account for the Actual Design and Construction Costs. E
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4.2 Claims for Damages. PSE agrees to pay the entire cost of any 3
claims under the City's future Project contract for any delay claims that are 0
proximately caused by a delay of PSE's work. LU
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4.3 Invoice. PSE shall submit to the City an itemized invoice for the
Actual Design and Construction Costs and any additional change request a
expenses as set forth in this Section 4. The City shall then have 15 business a
days to review the invoice and submit notice of any disputed items to PSE.
The parties shall work together to resolve any disputes. If the City does not N
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submit a notice of disputed items, it shall pay PSE within net 30 days of the
invoice submittal by PSE. N
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4.4 Defective or Unauthorized Work. E
(a) The City reserves the right to withhold payment to PSE for any w
defective or unauthorized work performed by PSE or its Contractor. a.
Defective or unauthorized work includes, without limitation: work and o
materials that do not conform to the requirements of this Agreement,
and extra work and materials furnished without the City's approval. 0
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(b) Before withholding payment to PSE, the City shall provide
written notice to PSE of any work it believes to be defective or a.
unauthorized. Upon receipt of written notice, PSE shall be afforded 60
days to correct any work it agrees is defective or unauthorized. 0
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4.5 Final Payment/Waiver of Claims. The making of final payment
by the parties shall constitute a waiver of claims by PSE, except those M
previously and properly made and identified by PSE as unsettled at the time N
request for final payment is made. a
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5. CHANGES -°a_
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PSE shall submit to the City any changes to perform the Work with a cost
estimate. The City shall then have two business days from the time it L
receives the change and estimate from PSE, within which to respond. Upon
agreement, the changes shall only be performed in accordance with a
mutually agreed upon schedule with the City Construction Manager so as not N
to cause delay to the City's Project.
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6. INDEMNIFICATION; LIENS AND ENCUMBRANCES
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Each party shall defend, indemnify, and hold the other party, its officers, co
officials, employees, and agents harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising E
out of or in connection with the performance of the party's work required
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under this Agreement, except for injuries and damages caused by the 3
negligence or willful misconduct of the other party. a
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The indemnification from PSE to the City shall include all claims, injuries, a.
damages, losses, or suits from third parties, except for injuries and damages
caused by the negligence or willful misconduct of the City. a
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Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising N
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out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the parties, its officials, employees and N
agents, a party's liability hereunder shall be only to the extent of the party's ;
negligence. The provisions of this section shall survive the expiration or E
termination of this Agreement.
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No party, directly or indirectly, shall create or impose any lien on the a.
property of another, or on the rights or title relating thereto, or any interest o
therein, or in this Agreement. Each party shall promptly, at its own expense,
take such action as may be necessary to duly discharge any lien created by it 0
on the property of another.
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7. MISCELLANEOUS a.
7.1 Compliance with Laws. The parties shall comply with all federal, 0
state, and local laws, rules, and regulations throughout every aspect in the E
performance of this Agreement. F-
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7.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights within this Agreement, or to a
exercise any option herein conferred in one or more instances, shall not be `o
construed as a waiver or relinquishment of those terms and rights and they :2
shall remain in full force and effect. 0
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7.3 Governing Law. This Agreement shall be governed and L
construed in accordance with the laws of the State of Washington. If any cz
dispute arises between the parties or between any party and the contractor
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under any of the provisions of this Agreement, resolution of that dispute shall N
be through the jurisdiction, venue, and rules of the King County Superior
Court, King County, Washington. in
7.4 Attorneys Fees. To the extent not inconsistent with RCW cm
39.04.240, in any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing E
such claim or lawsuit; however, nothing in this subsection shall limit a party's
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right to indemnification under Section 6 of this Agreement. 3
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7.5 Written Notice. All communications regarding this Agreement LU
shall be sent to the parties at the addresses listed on the signature page of a.
this Agreement, unless otherwise notified. Any written notice shall become
effective upon delivery, or three calendar days after the date of mailing by a
registered or certified mail, if sent in accordance with this Section 7.5. a
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7.6 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by N
a duly authorized representative of each of the affected parties. ;
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7.7 Severability. If any one or more sections, sub-sections, or
sentences of this Agreement are held to be unconstitutional or invalid, that w
decision shall not affect the validity of the remaining portion of this a
Agreement and the remainder shall remain in full force and effect. o
7.8 Relationship. It is understood and agreed that no agency, o
employment, joint venture, co-employer, or partnership is created by this W
Agreement. No party shall (i) have the power or authority to act for another 2
in any manner to create obligations or debts which would be binding upon a
another; and (ii) be responsible for any obligation or expense whatsoever of
another. `o
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7.9 Force Majeure. A party will not be in breach of this Agreement if
unable to perform its respective obligations as a result of the occurrence of M
an event of"force majeure," which shall include, but not be limited to, acts of N
God, acts of the government of the United States or of any state or political a
subdivision thereof, strikes, civil riots or disturbances, fire, floods, `o
explosions, earthquakes, wind, storms, hurricanes, lightning or other similar �
catastrophes or other causes beyond the parties' reasonable control. The o
scope of events of force majeure shall not extend to payment of money owed
hereunder. a
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7.10 Entire Agreement. The written provisions and terms of this
Agreement, together with any attached Exhibits, supersede all prior verbal N
statements by any representative of the City, and those statements shall not
be construed as forming a part of or altering in any manner this agreement. in
This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement cm
conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
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7.11 Effectiveness; Date. This Agreement will become effective on
the date it is signed by the last party to sign it. N
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DATED as of the last date set forth below. E
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PSE CITY OF KENT w
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Print Name: Print Name: o
Title: Supervisor- Publics Improvement Title:
DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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PSE CITY OF KENT E
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PSE City of Kent M
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6905 S 228th St 220 Fourth Avenue South
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Kent, WA 98032 Kent, WA 98032 -°a_
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Attn: Chad Bieren
Attn: Katie Dierirk (253) 856-5534 (Desk) L
(-)nr,) a-7-7-r4y a inA�U)
(253) 268-6331 N
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APPROVED AS TO FORM: o
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Kent Law Department co
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REIMBURSEMENT AGREEMENT- Page 6 of 7 (November 27, 2023)
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Tuesday, d
November 21, PM KATIE d
Cost estimate 224th relocate of temp poles 2023 DIERICK N
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•M(RC)/Rem Item Code Item Description
Q ntity ty Unit Gross Total
uantityMult Total w/
Base
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PROJECT MANAGMENT 3,654 co
PSE LABOR-OPERATIONS 3,654 a
(Unassigned) - - 3,654 a
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402200 1 ProjMgmt ProjMgr Ex 32.0 1 32 hour 3,654 +,
402212 1 Project Coord Ex - 1 hour -
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ENGINEERING&DESIGN 4,286 y
PSE LABOR-OPERATIONS 4,286 w
(Unassigned) - - 4,286 W
404002 Sr Engineer Ex 4.0 1 4 hour 414 O
404016 Assoc Engineer Ex 32.0 1 32 hour 2,616 d
458710 Engr Analyst Ex 16.0 1 16 hour 1,256
ASPLUNDH-QUOTED - - - w
(Unassigned) O
9999 lAsplundt Misc.Quoted Work TBD .11 HIS. Q-
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MATERIALS 9,318 d
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MATERIAL Lump Sum From SAP - 9,318
9999 Materials Cost From SAP 8,000.0 1 Isum 9,318 M
MATERIAL ITEMS(MATCAT) - - d
CONSTRUCTION 129,922 to
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(Unassigned) d
QSC2-117 Third Party Traffic Control(per Each) X 1 each L
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QSC2-800 System Time&Expense-Miscellaneous X 1 each - 'a
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POTELCO-T&E RATES - - 107,965 O
Potelco Quoted Labor 107,965 V
Capital E03 1 Ton Welding Trucks(Foreman) 80.0 1 80 hour 4,800
Capital E03 1 Ton Welding Trucks(Inspector) - 1 -hour - y
Capital E15 3 or 4 Drum Pullers 16.0 1 16 hour 1 1,059 41
Capital E18 53-65 Ft Bucket Trucks 80.0 1 80 hour 5,746
E28 Utility Trailers X 80 1 80 hour 943 r
Capital E44 Line Trucks 80.0 1 80 hour 4,235 N
E55 Single Drum Pullers 16.0 1 16 hour 787 N
E62 Vactor Truck 72.0 1 72 hour 12,458 t
Capital T07 Inspector ST - 1 -hour -
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Capital T13 Foreman ST 80.0 1 80 hour 18,452 O
Capital T14 Lineman ST 80.0 1 80 hour 16,586 Cl)
Capital T14 Lineman ST 80.0 1 80 hour 16,586
T15 Line Equipment Operator ST 72.0 1 72 hour 13,203
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Capital T22 Apprentice 5 ST 80.0 1 80 hour 12,965 M
Capital T35 Storekeeper ST 1.0 1 1 hour 146 .�
AA ASPHALTING-T&E RATES - - 21,957
Potelco Quoted Labor - 21,9571 E
Capital IT03 Flagger ST X 80 11 80 hour 1 8,5781 W
Capital IT03 Flagger ST X 80 11 80 hour 1 8,578
Capital IT27 Flagger Vehicle 80.0 11 80 hour 1 4,800 i
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Grand Total 1 147,180
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KENT
Wn 1 c N
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: South 224th Sreet Corridor Phase 3 - Lumen
Reimbursement Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the Reimbursement
Agreement with Qwest Corporation, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: The South 224th Street Phase 3 project will include the widening of the
corridor from 94th Place South to 99th Avenue South. The Project includes a new
turn lane, widened shoulders, curbs, gutters, sidewalks and planter strips and will
include a roundabout at the intersection of 98th Avenue South and South 216th
Street.
Qwest Corporation (aka "Lumen"), PSE, and Comcast have overhead lines that will
be placed underground as part of this project. The existing overhead system must
remain until all customers have converted to the underground system. Because the
existing poles will conflict with project construction, they will be moved temporarily
until customers convert to underground service and the poles are removed.
Under RCW 35.99.060(3)(b), Lumen may seek reimbursement from the city for the
additional incremental cost of aerial to underground relocation compared to aerial
to aerial relocation if Lumen is a service provider with an ownership share in the
aerial supporting structures within the area of relocation. Lumen does have an
ownership share of the overhead system on this project.
This agreement reimburses Lumen in the amount of $128,485.52 for the
incremental costs for underground conversion as well as the costs for the
temporary relocation of its facilities.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
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Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Lumen Reimbursement Agreement (PDF)
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REIMBURSEMENT AGREEMENT N
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Between the City of Kent and Qwest Corporation d/b/a CenturyLink 0
QC (a Lumen Technologies company) a
for S. 218t" St. and 98t" Ave S (94t" PI. S. to 99t" Ave S)
Improvements
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THIS AGREEMENT is between the City of Kent, a Washington municipal ;v
corporation ("City"), and Qwest Corporation d/b/a CenturyLink QC (a Colorado Q
corporation and Lumen Technologies company referred to hereinafter as
"Lumen"). E
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RECITALS
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A. The City is undertaking right-of-way improvements to S 2181" St.
and 98t" Ave S, between 94th PI. S. and 99th Ave. S, (the "Project") and is a
required under chapter 7.10 of Kent City Code to underground the aerial power
and communication lines. J
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B. Under RCW 35.99.060(3)(b), Lumen may seek reimbursement
from the City for the additional incremental cost of aerial to underground a
relocation compared to aerial to aerial relocation if Lumen is a service provider -000
with an ownership share in the aerial supporting structures. i
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AGREEMENT
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The City and Lumen therefore agree as follows:
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1. SCOPE OF WORK 04
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Lumen will underground new facilities within the Project limits, remove its �!?
existing facilities from the aerial system, and reconnect property owners with N
existing service to the new underground system. This work will also include M
temporary relocation of the existing aerial system ("Work"). r
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2. REQUIREMENTS
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The independent contractor hired by Lumen to perform this Work is referred a
to as "the Contractor" in this Agreement. The Contractor, pursuant to a E
contract with Lumen, will be responsible for completing the Work. Lumen CD
represents that any such contract will require that the Contractor's Work be
performed in a good and workmanlike manner consistent with industry
standards and conducted in conformity with (i) the applicable procedures and CD
requirements of the parties as described herein; and (ii) all applicable laws,
ordinances, and regulations of any governmental authority. The contract will E
require that the Contractor maintain in full force and effect at its own cost,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work by the E
REIMBURSEMENT AGREEMENT- Page 1 of 5 Q
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contractor, its agents, representative, employees, subconsultants, or
subcontractors. °
3. RESPONSIBILITY OF THE PARTIES Q
3.1 Lumen Coordination. Lumen shall maintain continued E
coordination with the Contractor and the City regarding the completion of the
Work and shall perform all work in conformance with the approved street use Q
permit.
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3.2 Title to Facilities. All rights, title, and interest in Lumen's facilities N
and associated equipment shall at all times remain with Lumen.
4. REIMBURSEMENT AND PAYMENT
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4.1 Payment for Incremental Relocation Costs. The City shall
reimburse Lumen an amount not to exceed $ 96,841.34 as the additional J
incremental cost of aerial to underground relocation compared to aerial to
aerial relocation as shown in Exhibit(s) A ("Incremental Costs"). The final
amount shall be based upon the actual costs incurred by Lumen to complete a
the underground relocation work. 00
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4.2 Payment for Temporary Relocation Costs. The City shall U
reimburse Lumen an amount not to exceed $31,644.18 for the costs to Z;
temporarily relocate the aerial system as shown in Exhibit B ("Temporary N
Relocation Costs"). The final amount shall be based upon the actual costs
incurred by Lumen to complete the temporary relocation work. N
4.3 Claims for Damages. Lumen agrees to pay the entire cost of any c
claims against the City under the City's Project contract for damages to the �!?
extent that they are proximately caused by Lumen's negligent or willful acts N
or omissions. These may include claims for additional compensation made M
under the City's contract for the Project resulting from conflicts between the
City, Lumen, Lumen's Contractor, or any of its subcontractors.
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4.4 Invoice. Lumen shall submit to the City an itemized invoice for CD,
the costs specified in Sections 4.1 and 4.2. The City shall then have 15 business Q
days to review the invoice and submit notice of any disputed items to Lumen. E
The parties shall work together to resolve any disputes. If the City does not CD
submit a notice of disputed items, it shall pay Lumen within net 30 days of the
invoice submittal by Lumen.
CD
4.5 Final Payment/Waiver of Claims. The making of final payment by
the parties shall constitute a waiver of claims by Lumen for payment of the E
costs within this Section 4, except those previously and properly made and
identified by Lumen as unsettled at the time request for final payment is made.
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REIMBURSEMENT AGREEMENT- Page 2 of 5 Q
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S. INDEMNIFICATION; LIENS AND ENCUMBRANCES i
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Each party shall defend, indemnify, and hold the other party, its officers, a
officials, employees, and agents harmless from any and all third party claims,
injuries, damages, losses or suits including all legal costs and attorney fees, to
the extent arising out of or in connection with the negligent or willful E
performance of the party's work required under this Agreement, except for
injuries and damages to the extent caused by the negligence or willful Q
misconduct of the other party.
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Should a court of competent jurisdiction determine that this Agreement is N
subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from E
the concurrent negligence of the parties, its officials, employees and agents, a
party's liability hereunder shall be only to the extent of the party's negligence.
The provisions of this section shall survive the expiration or termination of this J
Agreement. ,
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No party, directly or indirectly, shall create or impose any lien on the property
of another, or on the rights or title relating thereto, or any interest therein, or a
in this Agreement. Each party shall promptly, at its own expense, take such -000
action as may be necessary to duly discharge any lien created by it on the i
property of another.
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6. MISCELLANEOUS N
6.1 Compliance with Laws. The parties shall comply with all federal, N
state, and local laws, rules, and regulations throughout every aspect in the N
performance of this Agreement. c
6.2 Nonwaiver of Breach. The failure of a party to insist upon strict N
performance of any of the terms and rights within this Agreement, or to M
exercise any option herein conferred in one or more instances, shall not be
construed as a waiver or relinquishment of those terms and rights and they
shall remain in full force and effect. aD
CD
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6.3 Governing Law. This Agreement shall be governed and construed Q
in accordance with the laws of the State of Washington. If any dispute arises E
between the parties or between any party and the contractor under any of the CD
provisions of this Agreement, resolution of that dispute shall be through the
jurisdiction, venue, and rules of the King County Superior Court, King County,
Washington. CD
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6.4 Attorney's Fees. To the extent not inconsistent with RCW E
39.04.240, in any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing such E
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claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 6 of this Agreement.
6.5 Written Notice. All communications regarding this Agreement Q
shall be sent to the parties at the addresses listed on the signature page of
this Agreement, unless otherwise notified. Any written notice shall become E
effective upon delivery, or three (3) calendar days after the date of mailing by ;v
registered or certified mail, if sent in accordance with this Section 6.5. Q
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6.6 Modification. No waiver, alteration, or modification of any of the E
provisions of this Agreement shall be binding unless in writing and signed by
a duly authorized representative of each of the affected parties.
6.7 Severability. If any one or more sections, sub-sections, or
sentences of this Agreement are held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this Agreement J
and the remainder shall remain in full force and effect. ,
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6.8 Relationship. It is understood and agreed that no agency,
employment, joint venture, co-employer, or partnership is created by this a
Agreement. No party shall (i) have the power or authority to act for another in -0°a
any manner to create obligations or debts which would be binding upon i
another, and (ii) be responsible for any obligation or expense whatsoever of U
another.
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6.9 Force Majeure. A party will not be in breach of this Agreement if
unable to perform its respective obligations as a result of the occurrence of an N
event of "force majeure," which shall include, but not be limited to, acts of N
God, acts of the government of the United States or of any state or political c
subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, �!?
earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes N
or other causes beyond the parties' reasonable control. The scope of events of M
force majeure shall not extend to payment of money owed hereunder.
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6.10 Entire Agreement. The written provisions and terms of this
CD
Agreement, together with any attached Exhibits, supersede all prior verbal
statements by any representative of the City, and those statements shall not a
be construed as forming a part of or altering in any manner this Agreement. E
This Agreement and any attached Exhibits contain the entire Agreement CD
between the parties. Should any language in any Exhibit to this Agreement
conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail. CD
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6.11 Effectiveness; Date. This Agreement will become effective on the
date it is signed by the last party to sign it. 0
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DATED as of the last date set forth below.
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QWEST CORPORATION CITY OF KENT ;v
D/B/A CENTURYLINK QC ("LUMEN") a
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Print Name: Print Name:
Title: Title: E
DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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LUMEN CITY OF KENT
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Lumen City of Kent a
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220 Fourth Avenue South
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Kent, WA 98032
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Attn: Chad Bieren
Attn: (253) 856-5534 (Desk) N
(206) 477-5414 (Desk)
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APPROVED AS TO FORM: °;
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Kent Law Department
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REIMBURSEMENT AGREEMENT- Page 5 of 5 Q
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94rh Pi S to 99rh Ave S)
Packet Pg. 191
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Cost Exhibit A
City of Kent - 224th Phase 3 Project
Lumen Overhead to Underground Conversion Costs
Lumen Project ID : N.919673
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Estimated Baseline Aerial Relocation (1)
Pole Transfer Activities $ 2,065.44 Q
Anchor&Guying $ 1,956.48
New Poles-(3)w/Power Attached $ 35,675.61 E
New Pole-Telco Only $ 1,304.56 i
Pole Removal $ 2,040.00
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Anchor&Guy Removal $ 483.16
Lumen Engineering& Inspection $ 3,168.00 W
Contract PM Service $ 768.00 ;n
Contract Engineering $ 2,400.72
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Subtotal $ 49,861.97 y
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Estimate of Forced Undergrounding Related Costs E
Civil Installation Costs $161,177.44 J
Cabling Installation &Splicing Costs $51,893.64
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Removal Costs $6,268.25 N
Construction PM $5,707.00 M
Lumen Engineering& Inspection $5,262.00 a
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Contract Engineering-Permitting $1,987.60
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Contract Engineering-Design&Coordination $18,554.16 0
Subtotal $ 250,850.09 Lumen Estimated Total Cost
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%of Undergrounding Reimbursable 51.24% W
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Subtotal-Reimbursable $ 128,530.81 M
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Delta-Aerial vs. Forced Undergrounding $ 78,668.84
SG&A Indirect Costs- 13% $ 10,226.95 U)
Taxes-10.1% $ 7,945.55 See note(2) M
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City of Kent Cost Responsibility $ 96,841.34 Incremental Cost+Indirect SG&A+Taxes },
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(1)-Costs are assumed based on conceptual relocation plan assuming no undergrounding of facilities,and that poles can be relocated into planter c
strip or behind sidewalk E
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(2)-Proportionate share of taxes paid by Lumen for goods&services related to forced undergrounding a)
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Approx.Aerial Footage to be Undergrounded 2100 E
Footage reimbursable(Pole ownership) 1076
%Reimbursable 51.24% W
%Non-reimbursable 48.76% J
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Cost Exhibit B
City of Kent- 224th Phase 3 Project N
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Lumen Temp Pole Relocation 0
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Temp Pole Placement $ 25,733.45 E
Temp Pole Transfers(Lumen only) $ 562.00
Removals $ 1,190.00 t
Work Plan Production $ 518.25 +�
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Subtotal $ 28,003.70
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SG&A Indirect Costs-13% $ 3,640.48
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Estimated Total Temp Relocation Costs $ 31,644.18
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Packet Pg. 193
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KENT
WASHINGTON
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Mill Creek at 76th Avenue Souh Culvert Improvements
Project - King County Wastewater Treatment Division
Reimbursement Agreement - Authorize
MOTION: I Move to authorize the Mayor to sign a reimbursement
agreement with the King County Wastewater Treatment Division for the
Mill Creek at 76th Avenue South Culvert Improvements project, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The Mill Creek at 76t" Avenue South Culvert Improvements project will
enhance the Mill Creek channel by replacing culverts, installing vegetation and
raising 76th Avenue South above the FEMA base flood elevation.
The King County Wastewater Treatment Division (KCWTD) owns and operates a
sanitary sewer trunk line under the roadway within city Right of Way. At the
request of the KCWTD, the City is installing light weight fill material within the
roadway embankment to limit potential settlement of the sewer line. KCWTD will
reimburse the City for the cost of the lightweight fill per the terms of the
agreement. The Agreement authorizes a maximum reimbursement amount to the
City of $1.5 million.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: Associated costs will reimbursed via this agreement.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
Packet Pg. 194
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1. 76th Ave King County WTD Manhole LWF Reimbursement(DOC)
Packet Pg. 195
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REIMBURSEMENT AGREEMENT
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This Reimbursement Agreement ("Agreement") is between the City of Kent, a E
Washington municipal corporation ("City"), and King County Wastewater Treatment 0
Division ("King County WTD").
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RECITALS v
A. The City is making right-of-way improvements to 76t" Avenue S (the o
"Project"). This Project has been divided into multiple segments. This Agreement
covers reimbursement for adjusting sanitary sewer manhole lids in the North and
South Project segments and installing light weight fill in the South segment. >
Adjustments to the sanitary sewer manhole lids on the North segment have been
completed.
B. The Project requires King County WTD to adjust its authorized a
underground facilities that are currently in conflict with this Project.
C. The City and King County WTD have entered into a separate
reimbursement agreement for a different segment of improvements to 76t" Avenue N
S. dated November 10, 2021. M
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AGREEMENT
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The City and King County WTD therefore agree as follows: E
1. SCOPE OF WORK U-
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1.1 The City will advertise for construction bids and enter into a separate
contract with a Contractor for the construction of the South Project segment of 76t"
Avenue S. The North project segment work has been completed.
1.2 The Project consists of raising the roadway for approximately 1000
linear feet on the north project segment and replacing undersized culverts and >,
raising the roadway for approximately 1000 linear feet on the south project 3
segment. The Project includes installing the necessary appurtenances to adjust King o
County WTD sanitary sewer manhole lids to grade ("Facilities Adjustment") on the a,
North and South project segments. The Project also includes the installation of light Y
weight fill material to be used for the embankment fill on the south project segment
in order to help limit potential settlement of the sewer line under the roadway. This Q
is outlined in the Geotechnical Memo attached as Exhibit A. to
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REIMBURSEMENT AGREEMENT- Page 1 of 8 (December 7, 2023)
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2. CONTRACTOR REQUIREMENTS
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The independent contractor hired by the City to perform this work is referred to
as "the Contractor" in this Agreement. The Contractor, pursuant to a contract with
the City, will be responsible for completing the Project, including the Facilities
Adjustment and installing the light-weight fill. The City represents that any such 0
contract shall further require that the Contractor's work be performed in a good and
workmanlike manner consistent with industry standards and conducted in
conformity with (i) the applicable procedures and requirements of the parties as
described herein; and (ii) all applicable laws, ordinances, and regulations of any 0
governmental authority. The contract shall also meet the requirements set forth in
Section 6. o
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3. RESPONSIBILITY OF THE PARTIES c
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3.1 King County WTD Coordination.
(a) The Contractor will provide and install necessary appurtenances to c
raise King County WTD sanitary sewer manhole lids according to the contract plans.
King County WTD shall maintain continued coordination with the Contractor
regarding the completion of the Facilities Adjustment. -
(b) King County WTD shall furnish manhole frames and lids and deliver to N
the site for installation by the City's contractor in a timely manner. King County M
WTD shall schedule the delivery of these materials so as not to delay the
Contractor.
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(c) For any work that King County WTD performs independently from the
Contractor's work on the Facilities Adjustment, King County WTD shall coordinate E
closely with the City and the Contractor to ensure this work will not conflict with the
Contractor's work on the Project. King County WTD shall pay any claims for U_
additional compensation made by the Contractor resulting from conflicts with King J
County WTD's independent work in accordance with Section 4.3 of this Agreement.
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3.2 Title to Facilities. All rights, title and interest in King County WTD's
facilities and associated equipment shall at all times remain with King County WTD.
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4. REIMBURSEMENT AND PAYMENT
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4.1 Design and Construction Costs. King County WTD shall reimburse the 0
City for all final and actual costs incurred by the City to design and construct the a,
Facilities Adjustment and install light-weight fill ("Actual Design and Construction Y
Costs") up to an amount not to exceed $1,500,000 based upon the cost estimate
attached as Exhibit B. Costs will be finalized after completion of each construction a
phase to account for the Actual Design and Construction Costs. This reimbursement to
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REIMBURSEMENT AGREEMENT- Page 2 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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amount shall also include design costs for staff and consultants incurred prior to
this agreement as an actual cost incurred by the City. °
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4.2 Additional Expenses. King County WTD also agrees to pay any
additional expenses incurred due to any King County WTD's approved change
requests for any reason. 0
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4.3 Claims by Contractor. King County WTD agrees to pay the reasonable E
cost of any documented claim made by the Contractor for damages that are
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proximately caused by King County WTD. These claims may include any conflicts
between the Contractor and King County WTD or any of its contractors.
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4.4 Invoices. N
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(a) The City shall provide invoices showing progress payments made to >
the Contractor during the previous month and for costs of City engineering staff
and consultants on the reimbursable portions of the project to the County on a
monthly basis. Invoices shall be sent to the following County address: c
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Rowena Johnson
Rowena.Johnson@kingcounty.gov =
(206) 477-5851
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(b) The City's invoices shall be based on the progress payments made by M
the City to the Contractor and for City engineering staff and consultants for the
reimbursable portions of the project, without mark-up. The total of all invoices for E
the reimbursable portions of the project shall not exceed the maximum not-to N
exceed amount of $1,500,000. Invoices shall be documented to the reasonable
satisfaction of the County. Properly documented invoices shall be paid by the E
County within forty-five (45) days of receipt by the County. Payment by the County
shall not constitute agreement as to the appropriateness of any item or acceptance U_
of the work so represented.
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(c) The County reserves the right to audit the invoices and supporting
documentation for purposes of compliance with this Settlement Agreement for a
period of six years following the completion of the project under this Settlement
Agreement. All books, records, documents, and other material relevant to this
Settlement Agreement will be retained by the City for six years. The County, the
Office of the State Auditor, and federal auditors shall have full access and the right 3
to examine any of these materials during this period subject to compliance with 0
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governmental regulations.
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REIMBURSEMENT AGREEMENT- Page 3 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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4.5 Defective or Unauthorized Work.
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(a) Per the terms of the agreement between the City and Contractor, King
County WTD reserves the right to withhold payment to the City for any defective or
unauthorized work performed by the Contractor. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the L
requirements of this Agreement, and extra work and materials furnished without
King County WTD's approval. E
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(b) Before withholding payment to the City, King County WTD shall
provide written notice to the City of any work it believes to be defective or
unauthorized. Upon receipt of written notice, the City shall be afforded 60 days to in
correct any work it agrees is defective or unauthorized.
4.6 Final Payment/Waiver of Claims. The making of final payment by the >
parties shall constitute a waiver of claims by the Contractor, except those
previously and properly made and identified by the Contractor as unsettled at the
time request for final payment is made. c
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S. CHANGES v
King County WTD shall submit any changes requested to be performed by
the Contractor to the City. The City shall submit these changes to the Contractor; N
obtain a price from the Contractor to perform the work; and notify King County M
WTD of this price. King County WTD shall then have 24 hours from the time it �.
receives the price from the City, within which to respond. If King County WTD
chooses not to accept the Contractor's price, then this work shall only be performed N
by King County WTD according to a mutually agreed upon schedule with the
Contractor so as not to cause delay to the Contractor. E
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES LL
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6.1 Mutual Indemnification by Parties. Each party shall defend, indemnify, W
and hold the other party, its officers, officials, employees, and agents 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 performance of the
party's work required under this Agreement, except for injuries and damages
caused by the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is 0
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subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the Y
concurrent negligence of the parties, its officials, employees and agents, a party's
liability hereunder shall be only to the extent of the party's negligence. Q
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REIMBURSEMENT AGREEMENT- Page 4 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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6.2 Contractor Insurance and Indemnification. The City shall require the
Contractor to have the County, its elected and appointed officers, agents, and °
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employees named as an additional insured on all policies of insurance to be
maintained by the Contractor(s) under the terms of any contract(s) with the City's
Contractor performing the Project required to maintain Commercial General Liability
Insurance, Commercial Automobile Insurance and Workers Compensation. The L
Contractor shall provide the City a Certificate of Insurance with endorsements
attached as are necessary to comply with the contract specifications. The City shall E
provide the County with copies of all such policies and documents upon request.
The City shall require the Contractor to defend, indemnify and hold the
County, its officers, officials, employees, and agents harmless from any and all in
claims, injuries, damages, losses or suits, including all legal costs and attorney
fees, arising out of or in connection with the Contractor's participation in the
Project, except for that portion of the injuries and damages caused by the County's a
negligence. The Contractor shall also be required to waive its immunity under
Washington's Industrial Insurance Act, RCW Title 51, as to the County solely for the
purposes of the indemnification. c
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6.3 Liens. No party, directly or indirectly, shall create or impose any lien
on the property of another, or on the rights or title relating thereto, or any interest -
therein, or in this Agreement. Each party shall promptly, at its own expense, take
such action as may be necessary to duly discharge any lien created by it on the N
property of another. M
6.4 Survival. The parties' duties under this Section 6 will survive the
expiration or earlier termination of this Agreement. N
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7. MISCELLANEOUS
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7.1 Compliance with Laws. The parties shall comply with all federal, state
and local laws, rules, and regulations throughout every aspect in the performance
of this Agreement. 0
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7.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any
option herein conferred in one or more instances, shall not be constructed to be a
waiver or relinquishment of those terms and rights and they shall remain in full 3
force and effect. 0
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7.3 Governing Law. This Agreement shall be governed and construed in Y
accordance with the laws of the State of Washington. If any dispute arises between
the parties or between any party and the contractor under any of the provisions of Q
this Agreement, resolution of that dispute shall be available only through the to
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REIMBURSEMENT AGREEMENT- Page 5 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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jurisdiction, venue and rules of the King County Superior Court, King County,
Washington. °
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7.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall be responsible for payment of its own legal costs and 0
attorney's fees incurred in defending or bringing such claim or lawsuit; however,
nothing in this subsection shall limit a party's right to indemnification under Section E
6 of this Agreement.
7.5 Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of this Agreement, in
unless otherwise notified. Any written notice shall become effective upon delivery,
but in any event three (3) calendar days after the date of mailing by registered or
certified mail and shall be deemed sufficiently given if sent to the addressee at the a
address stated on this Agreement.
7.6 Modification. No waiver, alteration, or modification of any of the c
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each of the affected parties.
7.7 Severability. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision shall not N
affect the validity of the remaining portion of this Agreement and the remainder M
shall remain in full force and effect. .
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7.8 Relationship. It is understood and agreed that no agency, N
employment, joint venture, co-employer or partnership is created by this ;
Agreement. No party shall (i) have the power or authority to act for another in any E
manner to create obligations or debts which would be binding upon another, and;
(ii) be responsible for any obligation or expense whatsoever of another. U_
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7.9 Force Majeure. A party will not be in breach of this Agreement if
unable to perform its respective obligations as a result of the occurrence of an 0
event of "force majeure," which shall include, but not be limited to, acts of God, �
acts of the government of the United States or of any state or political subdivision
thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes,
wind, storms, hurricanes, lightning or other similar catastrophes or other causes
beyond the parties' reasonable control. The scope of events of force majeure shall 3
not extend to payment of money owed hereunder. o
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7.10 Entire Agreement. The written provisions and terms of this Agreement, Y
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming Q
a part of or altering in any manner this agreement. This Agreement and anyto
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REIMBURSEMENT AGREEMENT- Page 6 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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attached Exhibits contain the entire Agreement between the parties. Should any
language in any Exhibit to this Agreement conflict with any language contained in °
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this Agreement, the terms of this Agreement shall prevail.
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7.11 Effectiveness; Date. This Agreement will become effective when all the
parties have signed it. The date this Agreement is signed by the last party to sign it 0
(as indicated by the date associated with that party's signature) will be deemed the
effective date of this Agreement. E
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Each party is signing this Agreement on the date stated below the party's
signature.
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KING COUNTY WTD CITY OF KENT c
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Print Name: Print Name: c
Title: Title:
DATE: DATE: v
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: N
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KING COUNTY WTD CITY OF KENT .
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King County WTD City of Kent N
KSC-NR-0503 220 Fourth Avenue South ;
201 South Jackson St Kent, WA 98032 E
Seattle, WA 98104 Attn: Chad Bieren
Attn: Mark Lampard (253) 856-5534 (Desk) U-
(206) 477-5414 (Desk) J
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APPROVED AS TO FORM:
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Kent Law Department 3
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REIMBURSEMENT AGREEMENT- Page 7 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re:76th Ave S Improvements North Phase)
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EXHIBIT B
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Mill Creek f 76th Avenue South Lightweight Fill and Facilities Adjustment Cost Estimate
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Date 8f 30/2023 rU+
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ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST E
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Mobilization LS 4 $25,000 $100,000 C
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Lightweight Fill Class II 30 pcf CY 3,050 $160 $488,000 0.
Lightweight Fill Class IV 42pcf CY 2,550 $145 $516,750
Forming LS 1 $20,0DD $20,000
Environmental Mitigation LS 1 $20,0DD $20,000 7
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SUB-TOTAL $1,144,750 t
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20%CONTIGENCY $229,950 O
150/a DESIGN ENGINEERING $171,713 y
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20%CONSTRUCTION ENGINEERING-MANAGEMENT $229,950 �
Total $1,774,363 Q
Credit Gravel Borrow Backfill Above Existing Ground TON 1 12,913 $30 $387,390 r
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Geotechnical Consultant for Lightweight fill Analysis $21,801 r•
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Lightweight Fill Total $1,408,774 N
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Install King County%7D provided cover and raise the G1
following King County WTD Facilities to Finished Grade: i
ULI131-2.50,Adjusted in spring 2023 V
ULID1-2.51,Adjusted in spring 2023 EA 5 $10,0D0 $50,000 =_
ULID1-2.55
ULID1-2.56
ULIDI-2.57
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15%DESIGN ENGINEERING(far Facilities Adjustment) $7,500 M
20o/o CONSTRUCTION ENGINEERING-MANAGEMENT(for Facilities Adjustment) $10,000
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Facilities Adjustment Total $67,500
Lightweight Fill and Facilities Adjustment Total $1,476,274 N
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REIMBURSEMENT AGREEMENT- Page 8 of 8 (December 7, 2023)
(between City of Kent and King County WTD Re: 761 Ave S North Phase) Q
Packet Pg. 203
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KENT
Wn 1 c N
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Transportartion Improvement Board Grant for the 76th
Avenue South (South Phase) Project - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Transportation Improvement Board for the 76th Avenue South (South
Phase) Project, amend the budget, authorize expenditure of the grant
funds, 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 Transportation Improvement Board (TIB) issues a merit-based
project selection process as part of the Urban Arterials Program each year.
In August 2023, the City applied to TIB for funds to construct the south phase of
improvements on 76th Avenue South and was recently awarded a grant in the
amount of $3 million. The project will raise the south and final segment of the 76th
Avenue corridor above the 100-year flood elevation. The project extends sidewalks
buffered from the roadway by planters, and adds bikeable shoulders. The project
will replace the existing asphalt pavement with concrete and construct drainage
facilities. The project makes improvements across multiple transportation modes
and better accommodates environmental conditions, increasing resiliency for each.
The City also received a State Transportation Budget allocation of $5,000,000,
accepted by Council on July 18, 2023.
The project is estimated to cost $18,000,000, including local funding of
approximately $7,000,000 previously appropriated from the B&O, Drainage Utility
and Street Fund.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: Adds $3,000,000 to the project budget. Without the grant, this
would have come from the Street Fund.
Packet Pg. 204
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Selection Letter - Kent - 76th Avenue S South Phase (PDF)
2. Funding Status Form - Kent - 76th Avenue S South Phase (PDF)
3. Grant Agreement - Kent - 76th Avenue S South Phase (PDF)
Packet Pg. 205
�• �Pet84s�e
Washington State
o°ororyo Transportation Improvement Board o
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TIB Members Q
December 1, 2023
Chair
Mayor Glenn Johnson ~
City of Pullman
Vice Chair Mr. Chad Bieren, P.E. o
Councilmember Sam Low
Snohomish County Public Works Director
Amy Asher City of Kent L
Mason Transit Authority 220 4th Avenue South 'a
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Aaron Butters,PE Kent, WA 98032-5838 c
HW Lochner Inc.
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Susan Carter �
Hopelink Dear Mr. Bieren:
Kent Cash,PE 0)
Port of Vancouver Congratulations! We are pleased to announce the selection of your project, 76th o
Barbara Chamberlain Avenue S South Phase, 2600ft s/o S 212th St to 3660 ft s/o S 212th St, TIB project CL
WSDOT number 8-1-106(035)-1. a
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Elizabeth Chamberlain 2
City of Walla WallaT�IB is awarding 16.6667% of approved eligible project costs with a maximum grant of r-
Dongho Chang,PE T 3,000,000. -
wSDOT Before any work is permitted on this project, you must complete and email the following �'
Scott Chesney
Spokane County items to your TIB engineer: i
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Vicky Clarke • Verify the information on the attached Project Funding Status Form and, revise
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Cascade Bicycle Club/WashingtonBikes if necessary. Sign and email a copy. 00
Mike Dahlem,PE 0 Submit the section of your adopted Six Year Transportation Improvement Plan v
City of Sumner
listing this project;
Commissioner Al French
Spokane County 0 Sign and email one copy of the Fuel Tax Grant Distribution Agreement. a
Councilmember Hilda Gonzalez +4.+
City of Granger 3
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CIO
Commissioner Scott Hutsell You may only incur reimbursable expenses after you receive approval from TIB.
Lincoln County CIO
Les Reardanz In accordance with RCW 47.26.084, you must certify full funding by December 2, 2024
Whatcom Transportation Authority or the grant may be terminated. Grants may also be rescinded due to unreasonable
Peter Rogalsky,PE project delay as described in WAC 479-05-211. a
City of Richland
If you have questions, please contact Greg Armstrong, TIB Project Engineer, at to
Mayor Kim Roscoe
City of Fife GregA TIB.wa.gov.
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Maria Thomas Sincerely, Y
Office of Financial Management
Jennifer Walker A� ram+
Thurston County w 6o(— +'
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Jane Wall
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County Road Administration Board Ashley Probart O
Executive Director
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Ashley Probart (n
Executive Director
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Enclosures
P.O.Box 40901 d
Olympia,WA 98504-0901 t
Phone:360-586-1140 V
Fax:360-586-1165 M
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www.tib.wa.Rov Q
Investing in your local community Packet Pg. 206
8.O.b
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Transportation Improvement Board
Project Funding Status Form
Agency Name KENT TIB Project Number: 8-1-106(035)-1 3
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Project Name: 76th Avenue S South Phase >
2600ft s/o S 212th St to 3660 ft s/o S 212th St Q
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Verify the information below and revise if necessary.
Email to: Your TIB Engineer r
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PROJECT SCHEDULE J°
Target Dates
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Construction Approval Contract Bid Award Contract Completion c9
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PROJECT FUNDING PARTNERS
List additional funding partners and amount. E
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Funding Partners Amount Revised Funding 0
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KENT 7,000,000 E
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WSDOT 0
Federal Funds 0 CL
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WSDOT 5,000,000 L
Department of Commerce 3,000,000 N
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� TOTALLOCALFUNDS 15,000,000 m
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Mayor or Public Works Director
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Printed or Typed Name Title U
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Financial Officer U)
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Signature Date
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Printed or Typed Name Title E
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TIB Funding Status Report
Packet Pg. 207
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x Washington State Transportation Improvement Board 8-1-106(035)-1 B.D.Ci
Fuel Tax Grant Agreement
City of Kent
8-1-106(035
76th Avenue S South Phase a
2600ft s/o S 212th St to 3660 ft s/o S 212th St
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STATE OF WASHINGTON .0
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT m
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THIS GRANT AGREEMENT (hereinafter "Agreement") for the 76th Avenue S South Phase,
2600ft s/o S 212th St to 3660 ft s/o S 212th St (hereinafter "Project") is entered into by the
WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and E
City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). C
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1.0 PURPOSE
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For the project specified above, TIB shall pay 16.6667 percent of approved eligible project costs
up to the amount of$3,000,000, pursuant to terms contained in the RECIPIENT'S Grant ;a
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below. 00
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2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT's Grant Application and a
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction �o
Phases. Any material alterations to the original Project Scope or Budget as initially described in
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the Grant Application must be authorized by TIB in advance by written amendment.
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3.0 PROJECT DOCUMENTATION >
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TIB requires RECIPIENT to make reasonable progress and submit timely Project o
documentation as applicable throughout the Project. Upon RECIPIENT's submission of each ,
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following: Y
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations a
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
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4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
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maintain accurate budgeting and fund management. Payment requests may be submitted as Q
Fuel Tax Agreement Page 1 of 5 November 2012
Packet Pg. 208
x Washington State Transportation Improvement Board 8-1-106(035)-1
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan. Q
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5.0 TERM OF AGREEMENT ti
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This Agreement shall be effective upon execution by TIB and shall continue through closeout of c
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended r
by the Parties. a
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6.0 AMENDMENTS -a
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This Agreement may be amended by mutual agreement of the Parties. Such amendments shall 0°
not be binding unless they are in writing and signed by persons authorized to bind each of the E
Parties. as
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7.0 ASSIGNMENT 0
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The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this 0
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a o
waiver of the RECIPIENT's other rights under this Agreement.
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8.0 GOVERNANCE &VENUE
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This Agreement shall be construed and interpreted in accordance with the laws of the state of M
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
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9.0 DEFAULT AND TERMINATION
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9.1 NON-COMPLIANCE U)
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to Cn
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comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
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b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB's notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details. Y
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
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d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and a
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
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9.2 DEFAULT
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RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: c
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Fuel Tax Agreement Page 2 of 5 November 2012
Packet Pg. 209
��a•emnsyr• Washington State Transportation Improvement Board 8-1-106(035)-1 8.0.C.
Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT's request to amend the Project. Q
c) After investigation TIB confirms RECIPIENT'S non-compliance. r
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TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the c
Agreement has been terminated. r
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9.3 TERMINATION c�
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a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, m
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of E
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB. o
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b) In the event of default and/or termination by either PARTY, the RECIPIENT may E
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be liable for damages as authorized by law including, but not limited to, repayment of o
grant funds. cc
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c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive 0'
and are in addition to any other rights and remedies provided by law. L
9.4 TERMINATION FOR NECESSITY N
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TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, aD
because funds are no longer available for the purpose of meeting TIB's obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this a
Agreement for performance rendered or costs incurred prior to the effective date of
termination. 0
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10.0 USE OF TIB GRANT FUNDS Cn
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TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for >
anything other than highway or roadway system improvements is prohibited and shall subject Q
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor c
vehicle purpose. (D
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11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
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a)
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum (DD
payable TIB funds for the specific project. Requests must be made in writing and will be Q
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. )
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Fuel Tax Agreement Page 3 of 5 November 2012
Packet Pg. 210
x Washington State Transportation Improvement Board 8-1-106(035)-1
Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
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The RECIPIENT shall be deemed an independent contractor for all purposes and the r
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof ti
shall not in any manner be deemed employees of TIB.
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13.0 INDEMNIFICATION AND HOLD HARMLESS r
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The PARTIES agree to the following: c�
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Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its m
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in E
any way resulting from, that PARTY's own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to 0
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, 0.
death, or damages is caused by the sole negligence of the other PARTY. Where such claims, E
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions 0
provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, 0
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the L
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions N
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees °;
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
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14.0 DISPUTE RESOLUTION
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a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any U)
dispute arising under or in connection with this AGREEMENT. The dispute resolution Cn
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process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
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b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall Y
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
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d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project. a
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e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted. r
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Fuel Tax Agreement Page 4 of 5 November 2012
Packet Pg. 211
x Washington State Transportation Improvement Board 8-1-106(035)-1
Fuel Tax Grant Agreement
15.0 ENTIRE AGREEMENT
Q
This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter r
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, to
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES. c
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16.0 RECORDS MAINTENANCE c
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The RECIPIENT shall maintain books, records, documents, data and other evidence relating to E
this Agreement and performance of the services described herein, including but not limited to m°
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain E
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all o
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Q.
Office of the State Auditor, and federal and state officials so authorized by law, regulation or E
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agreement. o
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If any litigation, claim or audit is started before the expiration of the six (6) year period, the o
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved. L
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Approved as to Form M
Attorney General
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By: a
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Signature on file Cn
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Guy Bowman
Assistant Attorney General Q
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Lead Agency Transportation Improvement Board
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Chief Executive Officer Date Executive Director Date �
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Print Name Print Name
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Fuel Tax Agreement Page 5 of 5 November 2012
Packet Pg. 212
8.P
KENT
Wn 1 c N
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: Transportation Improvement Board Urban Active
Transportation Grant - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Transportation Improvement Board for RRFB Crossings in the amount of
$104,461, amend the budget, authorize the expenditure of the grant funds
accordingly, 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 Transportation Improvement Board (TIB) sends out a call for
projects with funds available through the Urban Active Transportation Program
(UATP). The UATP program supports projects that improve pedestrian and cyclist
safety, mobility, and connectivity.
In August 2023, the City applied to TIB UATP funds to purchase equipment for the
installation of (Rapid Rectangular Flashing Beacons (RRFBs) at five locations
throughout the City. RRFB equipment will be installed by City staff.
The five locations are:
1. Military Rd as South 248th Street
2. 23200 block of 116th Avenue S.E.
3. 116th Avenue S.E. as S.E. 234th Street
4. 132nd Avenue S.E. at S.E. 234th Street
5. 132nd Avenue S.E. at S.E. 278th Street
The project is estimated to cost $140,000 including a local match of 25.4%
($35,539). Design work is scheduled to begin in the spring of 2024 with
construction to follow later in 2024. The local match will be paid out of the Street
Fund using staff time and ancillary materials costs.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: Budget impact is estimated at $35,539 to match TIB funds.
Packet Pg. 213
8.P
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolvin4 Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Selection Letter - Kent - RRFB Crossings (PDF)
2. Funding Status Form RRFB (PDF)
3. Grant Distribution Agreement RRFB (PDF)
Packet Pg. 214
* � 84s�e
Washington State
' Transportation Improvement Board
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7°hoo ImP104 r
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TIB Members c
December 1, 2023 4 a
Chair '
Mayor Glenn Johnson 0
City of Pullman
N
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Vice Chair Mr. Chad Bieren, P.E.
Councilmember Sam Low
Snohomish County Public Works Director d
Amy Asher City of Kent ++
Mason Transit Authority 220 4th Avenue South a
Aaron Butters,PE Kent, WA 98032-5838 a
HW Lochner Inc.
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Susan Carter �
Hopelink Dear Mr. Bieren:
Kent Cash,PE In
Port of Vancouver Congratulations! We are pleased to announce the selection of your project, RRFB +r
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Barbara Chamberlain Crossings, Various, TIB project number P-P-106(P07)-1.
WSDOT
TIB is awarding 74.6155% of approved eligible project costs with a maximum grant of >
Elizabeth Chamberlain O
City of Walla Walla $104,461. a
DonghoChang,PE Before any work is permitted on this project, you must complete and email the following E
wSDDT items to your TIB engineer:
0
Scott Chesney fC
Spokane County • Verify the information on the attached Project Funding Status Form and, revise o
Vicky Clarke if necessary. Sign and email a copy. �-
Cascade Bicycle Club/Washington Bikes
• Submit the section of your adopted Six Year Transportation Improvement Plan
Mike Dahlem,PE listing this project, ~
City of Sumner '
Commissioner Al French • Sign and email one copy of the Fuel Tax Grant Distribution Agreement.
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Spokane County
Councilmember Hilda Gonzalez th
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City of Granger You may only Incur reimbursable expenses after you receive approval from TIB.
Y Y � p Y pp •�,
Commissioner Scott Hutsell N
Lincoln County In accordance with RCW 47.26.084, you must certify full funding by December 2, 2024 °
Les Reardanz
or the grant may be terminated. Grants may also be rescinded due to unreasonable U
In
Whatcom Transportation Authority project delay as described in WAC 479-05-211. U-
galsky,PE
PetitRofRichland If you have questions, please contact Greg Armstrong, TIB Project Engineer, at
City of Richland Y q g g� j g� '
GregA(cbTIB.wa.gov. c
Mayor Kim Roscoe Y
City of Fife Sincerely, ,
Maria Thomas L
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Office of Financial Management � ��r s f r
Jennifer Walker J
Thurston County
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Jane Wall Ashley Probart a
County Road Administration Board
Executive Director rn
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Ashley Probart d
Executive Director Enclosures E
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P.O.Box 40901 V
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Olympia,WA 98504-0901
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Phone:360-586-1140 Q
Fax:360-586-1165
www.tib.wa.Rov
Investing in your local community Packet Pg. 215
8.P.b
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Transportation Improvement Board
Project Funding Status Form
Agency Name KENT TIB Project Number: P-P-106(P07)-1
Project Name: RRFB Crossings
Various N
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0
Verify the information below and revise if necessary.
Email to: Your TIB Engineer Q
PROJECT SCHEDULE
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Target Dates 0
Construction Approval Contract Bid Award Contract Completion o
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PROJECT FUNDING PARTNERS
List additional funding partners and amount. i
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Funding Partners Amount Revised Funding
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KENT 35,538 c
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WSDOT 0
Federal Funds 0 o
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TOTAL LOCAL FUNDS 35,538 H
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Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer. CN
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Mayor or Public Works Director m
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Signature Date E
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Printed or Typed Name Title a
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Financial Officer c
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Signature Date
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Printed or Typed Name Title Q
TIB Funding Status Report
Packet Pg. 216
x Washington State Transportation Improvement Board P-P-106(P07)-1
Fuel Tax Grant Agreement
City of Kent
P-P-106(P07)-1 0
RRFB Crossings a
Various
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STATE OF WASHINGTON o
TRANSPORTATION IMPROVEMENT BOARD
AND o
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City of Kent
AGREEMENT
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THIS GRANT AGREEMENT (hereinafter "Agreement") for the RRFB Crossings, Various Q
(hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION
IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political subdivision of the State D
of Washington (hereinafter"RECIPIENT"). 2
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1.0 PURPOSE 00
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For the project specified above, TIB shall pay 74.6155 percent of approved eligible project costs E
up to the amount of$104,461, pursuant to terms contained in the RECIPIENT'S Grant 'o
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and Q.
conditions listed below. E
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2.0 SCOPE AND BUDGET
0
The Project Scope and Budget are initially described in RECIPIENT's Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and i
refined, but not substantially altered during the Design, Bid Authorization and Construction 17
Phases. Any material alterations to the original Project Scope or Budget as initially described in N
the Grant Application must be authorized by TIB in advance by written amendment. 00
3.0 PROJECT DOCUMENTATION U-
TIB requires RECIPIENT to make reasonable progress and submit timely Project c
documentation as applicable throughout the Project. Upon RECIPIENT's submission of each E
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following: a
c
a) Project Funding Status Form 0
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate y
d) Bid Tabulations o
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
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4.0 BILLING AND PAYMENT
E
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as Q
Fuel Tax Agreement Page 1 of 5 November 2012
Packet Pg. 217
x Washington State Transportation Improvement Board P-P-106(P07)-1
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable N
amounts are greater than $50,000. If progress billings are not submitted, large payments may 0
be delayed or scheduled in a payment plan.
a
5.0 TERM OF AGREEMENT
L
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
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6.0 AMENDMENTS
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This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties. Q
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7.0 ASSIGNMENT E
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this c
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to m
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT's other rights under this Agreement. E
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8.0 GOVERNANCE &VENUE 0.
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This Agreement shall be construed and interpreted in accordance with the laws of the state of c
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County. c
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9.0 DEFAULT AND TERMINATION
L
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to 0
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance. U_
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB's notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details. a
c
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward 0
compliance pursuant to its plan to correct or implement its amendment to the Project.
L
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d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and A
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
E
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
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Fuel Tax Agreement Page 2 of 5 November 2012
Packet Pg. 218
Washington State Transportation Improvement Board P-P-106(P07)-1
Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and N
compliance. 0
b) TIB denies the RECIPIENT's request to amend the Project.
c) After investigation TIB confirms RECIPIENT'S non-compliance. Q
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and L
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
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9.3 TERMINATION 00aL
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a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which >
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may Q
be directed by TIB.
L
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b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of o
grant funds. m
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c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive E
and are in addition to any other rights and remedies provided by law. 0'0
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9.4 TERMINATION FOR NECESSITY E
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TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB's obligations. If o
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination. t=
10.0 USE OF TIB GRANT FUNDS 0N0
M
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for U_
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds E
from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor
vehicle purpose. Q
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11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS g
r
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be o
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended E
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
r
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Fuel Tax Agreement Page 3 of 5 November 2012
Packet Pg. 219
x Washington State Transportation Improvement Board P-P-106(P07)-1
Fuel Tax Grant Agreement
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12.0 INDEPENDENT CAPACITY `0
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The RECIPIENT shall be deemed an independent contractor for all purposes and the a
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
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13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following: 0
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Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY's own negligent acts or omissions which may arise in Q
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions c
provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. m
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For E
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the c
other PARTY only, any immunity that would otherwise be available to it against such claims 0.
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions E
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees c
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement. c
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14.0 DISPUTE RESOLUTION
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a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution M
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT. 00
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
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c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall a
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator. 0
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project. o
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e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
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Fuel Tax Agreement Page 4 of 5 November 2012
Packet Pg. 220
x Washington State Transportation Improvement Board P-P-106(P07)-1
Fuel Tax Grant Agreement
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15.0 ENTIRE AGREEMENT L0
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This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter Q
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
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16.0 RECORDS MAINTENANCE
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The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost, Q
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
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If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have E
been resolved. >
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Approved as to Form c
Attorney General
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By: �-
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Signature on file N
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Guy Bowman m
Assistant Attorney General U-
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Lead Agency Transportation Improvement Board a
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Chief Executive Officer Date Executive Director Date
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Print Name Print Name (�
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Fuel Tax Agreement Page 5 of 5 November 2012
Packet Pg. 221