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HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 02/20/2024 KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, February 20, 2024 W A S H IN G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 1-888-475-4499 or1-877-853-5257 Enter Meeting ID: 861 5275 7528 Passcode: 937846 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Kaur, Subject Matter Chair A. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Feb 6, 2024 4:00 PM B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. INFO ONLY: accesso ShoWare NO Tim Higgins 10 MIN. Committee of the Whole Committee of the Whole - February 20, 2024 Regular Meeting Center Update Parks-Councilmember Michaud, Subject Matter Chair D. Agreemment with MacLeod YES Dana Wilk 05 MIN. Reckord, PLLC for North Meridian Park Conceptual Plan - Authorize E. Agreement with AHBL, Inc. for YES Kerry O'Connor 05 MIN. Campus Park Planning and Design- Authorize Public Works-Councilmember Fincher, Subject Matter Chair F. Ordinance Authorizing YES Cheryl Rolcik-Wilcox 05 MIN. Condemnation - Mill Creek Reestablishment Project - Adopt G. INFO ONLY: 2024 Transportation NO David Paine 05 MIN. Grant Opportunities H. INFO ONLY: Boeing Rock NO Christina Neff 05 MIN. Recreation and Habitat Enhancement Cooperative Watershed Management Grant Application S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Citvclerk@kentwa.gov, unless a person appears in-person,in which case,the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. 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. Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes February 6, 2024 Date: February 6, 2024 Time: 4:00 p.m. Place: Chambers N 1. CALL TO ORDER c Council President Boyce called the meeting to order. 0 2. ROLL CALL 0 a Attendee Name Title Status Arrived a Bill Boyce Council President Present John Boyd Councilmember Present a Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present N Zandria Michaud Councilmember Present Toni Troutner Councilmember Present U- 4- 0 3. AGENDA APPROVAL 0 A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Councilmember a SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner a N N r 7 C 4. DEPARTMENT PRESENTATIONS 1. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Jan 16, 2024 4:00 PM Packet Pg. 3 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 2. Payment of Bills - Approve MOTION: I move to approve the payment of bills. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Satwinder Kaur, Councilmember g SECONDER: Toni Troutner, Councilmember 0 AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner > 0 L Q 3. INFO ONLY: 2023-2024 Insurance Renewals Q Risk Manager Ellaine Wi provided the Council with details on the 2024-2025 a insurance renewals. o 0 v General liability renewal details: N Policy limits are the same, however the program structure has changed N Premiums increased 56% Self-Insured Retention increased U_ 4- Wi reviewed the program structure: expiring and renewal and also reviewed the history of the City's self-insured retention and advised the last 5 year 2 market has become very disruptive. Excess Workers' Compensation details: Policy limits and overall coverage remains the same with the same insurer a Premiums increased 13.5% Self-Insured Retention for law enforcement remains at $1M Q Self-Insurance Retention for all other claims remains at $600K r Cyber liability details: Policy limits and overall coverage remains the same with resilience, some limits for covered losses are increasing Premiums are decreasing 10% Self-Insured retention remains at $100,000 Brian White from Alliant Insurance Services, Inc. responded to questions from the Council. Wi advised the same insurance market volatility we endured in 2023 continues its upward trend in 2024. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 12 Packet Pg. 4 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... The City, despite the considerable increase to its liability premiums, was able to procure $25M in coverage, which is significant considering ongoing market developments and municip0al experience. Wi will return in early August to discuss renewals for the City's property, crime & fidelity and drone insurance policies. 4. Lodging Tax Grant Awards for Fall 2023 Application Cycle - Authorize N a� Michelle Wilmot, Economic and Community Development Program Manager and staff to the Lodging Tax Advisory Committee provided an overview of the use of lodging tax funds and the members of the committee. o Wilmot talked about the grant application cycle that completed in October a L 2023. Wilmot reviewed the grants awarded and also talked about the new Q applications that received grant funding. MOTION: I move to award Fall 2023 lodging tax grants to the o recipients selected by the Lodging Tax Advisory Committee in the recommended amounts, and authorize the Mayor to sign all N agreements, subject to terms acceptable to the City Attorney. N RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Toni Troutner, Councilmember - SECONDER: Bill Boyce, Council President AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 5. Resolution Allocating Funds to Finance Affordable Housing Projects in South King County Communities — Adopt r Claire Goodwin Executive Manager with South King Housing and Homelessness Partners (SKHHP) presented details on the recommendations Q for the SKHHP Housing Capital Fund. r In 2019, SKHHP was formed via an ILA, that consisted of it member jurisdictions. Sea Tac will be joining SKHHP in 2024, bringing the member jurisdictions to 12. Mayor Dana Ralph serves as Executive Chair of the Advisory Board. Goodwin provided an overview of how SKHHP was established and the Housing Capital Fund. Goodwin reviewed the specifics of SHB 1406 that allowed jurisdictions to enact a local sales tax for the purpose of affordable housing and HB 1590 that allowed jurisdictions to impose a 0.1% local sales and use tax to support affordable housing. Interlocal Agreements were entered into in 2021 and 2023, relating to the pooling sales tax receipts with ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 3 of 12 Packet Pg. 5 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes SKHHP and in 2022, SKHHP launched the first funding round of the Housing Capital Fund. In 2023, the second annual Housing Capital Fund application opened. Six applications were received and the SKHHP Advisory Board reviewed and made recommendations to the SKHHP Executive Board to fund four of the six projects. The Executive board agreed with most of the recommendations and is seeking concurrence from each jurisdiction. The recommended total is $5,747,306. a� Goodwin reviewed the four recommended projects: c 1. Mercy Housing NW - Kent Multicultural Village: Kent 4- 2. LIHI - Skyway Affordable Housing and Early Learning Center: Unincorporated ° South King County o 3. TWG - Pandion at Star Lake: Kent a 4. Multi-Service Center - Victorian Place II: Des Moines Q Goodwin reviewed the proposed funding amounts from each jurisdiction for a both HB 1590 and SHB 1406 for the recommended projects. o v Long Range Planning Manager Kristen Holdsworth provided clarification on o the 30% AMI and that it is a cap, so it's really for 0-30% AMI families. N Councilmember Michaud expressed appreciation of the work of SKHHP. Li 4- MOTION: I move to adopt Resolution No. 2069, authorizing allocation to the South King Housing and Homelessness Partnership Housing Capital Fund to finance affordable housing projects. iv RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM a MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember Q AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 2 c 6. 2024 Community Development Block Grant Annual Action Plan — Approve Senior Human Resources Coordinator Brittany Gaines provided details on the Community Development Block Grant 2024 Annual Action Plan to receive 2024 HUD allocation for the year. It is anticipated that the City will receive the same allocation as fiscal year 2023 which was $1,093,232. Congress has not yet passed the appropriations bill for fiscal year 2024. This means that we may not have the formula allocations announced until late April or May. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 4 of 12 Packet Pg. 6 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to approve the Community Development Block Grant 2024 Annual Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute all documents and agreements, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner c 7. Agreement with Site Workshops for Uplands Playfield and — Spray Park Planning and Design - Authorize Parks Planning and Development Manager Terry Jungman presented details a L on the Uplands Playfield and Spray Park. Q Jungman reviewed the current site of the Uplands Playfield and the a surrounding properties. Jungman indicated the City needs a specific spray o park and the current Town Square Plaza water feature is almost 20 years old and is meeting its useful life. o N Jungman reviewed the consultant selection process and detailed the timeline for kicking off the project for the conceptual design of the park. Li 4- MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with Site Workshops, subject to final terms ; and conditions acceptable to the Parks Director and City Attorney. ai c RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM 2 a MOVER: Zandria Michaud, Councilmember SECONDER: Bill Boyce, Council President Q AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 2 c 8. Purchase of Playground Equipment and Safety Surfacing for Lake Meridian Park - Authorize Parks Planner Bryan Higgins detailed the Lake Meridian Playground Safety Surfacing Project that consists of replacing the safety surfacing, playground grass and Apollo Spinner. The work will be done during the end of August/early September. Higgins responded to Councilmember Boyd's question about how this project was prioritized. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 12 Packet Pg. 7 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to authorize the Parks Department to purchase equipment, services, and supplies through the King County Director's Association Cooperative Purchasing Agreement with Northwest Playground Equipment, Inc. within budgets previously established and approved by Council and within the term of agreement, including any extension. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember N SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 4- 0 9. 3874 : King County Conservation Futures Amendment - Authorize 0 L Q Higgins provided an overview of the King Conservation Futures Interlocal Q Agreement. a King County Conservation Futures Tax levy funds are allocated throughout o King County as a dedicated portion of property taxes for the acquisition of open space and natural resources lands. The Conservation Futures Citizens N Committee makes funding recommendations to the King County Executive on N an annual basis for funds to be distributed to cities and other entities through an interlocal cooperation agreement. U- 4- 0 The King County Council made changes to the Interlocal Cooperation a Agreement for the Conservation Futures Program. These changes make small modifications to the use of funds granted through the ILA along with changes to how the City may utilize properties acquired with grant funding. The City needs to adopt these changes to continue receiving funds. r a MOTION: I move to authorize the Mayor to sign the Third Amendment to the Conservation Futures Interlocal Cooperation Q Agreement with King County, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 10. King County Conservation Futures Grant - Ruth Property - Authorize Higgins presented details on the King County Conservation Futures Grant for the Ruth Property. The King County Conservation Futures Tax levy funds are ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 6 of 12 Packet Pg. 8 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes allocated throughout King County as a dedicated portion of property taxes for the acquisition of open space and natural resources lands. The Conservation Futures Citizens Committee makes funding recommendations to the King County Executive on an annual basis for funds to be distributed to cities and other entities through an interlocal cooperation agreement. During 2022, Parks staff applied for and received a King County Conservation Futures Award for the Ruth Property at Clark Lake Park Acquisition in the amount of $2,000,000. Through this grant the City is eligible for reimbursement up to 50% of the cost of acquisition or $2,000,000 dollars. c During 2023, staff applied for and was awarded another $1,350,000 towards 4- the acquisition. Grants funded through this fund must be accepted by ° amending the Interlocal Cooperation Agreement to include the new award. o Total grant funds received in support of the Ruth Property acquisition equal a $3,350,000. Q MOTION: I move to accept grant funds from King County for a the Ruth Property acquisition, amend the budget, authorize o expenditure of the grant funds, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions N acceptable to the Parks Director and City Attorney. N RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM U_ MOVER: Zandria Michaud, Councilmember — SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 11. King County Parks Levy — Springwood Park - Authorize Parks Capital Facilities Project Manager Kerry O'Connor reviewed the King a County Parks Levy for Springwood Park. Q Park Planning staff applied for grant funds for park improvements that are r part of the Springwood Park project. These funds are administered through the King County Parks Capital and Open Space Levee, which supports projects that expand and improve recreation opportunities for the region's growing population, including the development of active and passive recreation and trail facilities, and the acquisition of open space for future public parks. Kent Parks was awarded $800,000 toward park renovations. Key park elements include full playground replacement, new shelter structure, multi-use sport court, general landscaping, park pathways, and upgraded site furnishings and amenities. The enhanced playground will include structures for both 2 to 5-year-olds, and 5 to12-year-olds, as well as a nature play area, embankment slide, swings, a zipline, and cooling station. The Springwood Park project is anticipated for construction in summer 2024. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 7 of 12 Packet Pg. 9 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to accept grant funds from King County for the Springwood Park Development, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign the grant agreement, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner c 12. King County Parks Levy - East Hill North Community Park - — Authorize O'Connor provided an overview of the King County Parks Levy for the East a Hill North Community Park and indicated another round of engagement is Q starting in March and this project will go out for bid at the end of 2024/early 2025. a 0 0 Parks Planning staff applied for grant funds for park improvements that are part of the East Hill North Community Park Development project. The City o was awarded $800,000 toward park renovations. "' The grant will help support phase 1 of the development of the East Hill North U- Community Park including parking, restrooms, shelters, trails and c boardwalks, playground, and connections to the surrounding community. a This park is a milestone new park development for the Panther Lake neighborhood and will fill a gap in outdoor recreation, as documented in the 2022 Parks and Open Space Plan MOTION: I move to accept grant funds from King County for a the East Hill North Community Park Development, amend the budget, authorize expenditure of the grant funds, and Q authorize the Mayor to sign the grant agreement, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT:LTULTU MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 13. Third Amendment to Agreement with Axon Enterprise, Inc. — Authorize Assistant Chief Hemmen provided details on the Third Amendment with Axon ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 12 Packet Pg. 10 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes Enterprise, Inc. The City has a five-year agreement with Axon Enterprise, Inc. that expires in September of 2029. Through that agreement, the police department is equipped with body worn cameras ("BWC"), tasers, a records management system and the associated software. This Third Amendment adds 109 in-car cameras through "Axon Fleet", and adds two BWCs and 25 tasers for corrections officers at the City of Kent Correctional Facility ("CKCF"). This Third Amendment will provide CKCF with two BWCs to be used for transport purposes. The CKCF also has outdated tasers which are no longer supported by Axon. These outdated tasers will be replaced with 25 TASER 7s, c which are the same taser device used by patrol officers. 4- 0 Chief Administrative Officer Pat Fitzpatrick provided the Council with an 'o update on how the City's BWC and in-car cameras are funded and advised of a the current Bill in the legislature that could take away that funding. If that Q Bill passes, staff will need to return to Council to discuss funding BWC and In-Car Videos using a different revenue source. a 0 MOTION: I move to authorize the Mayor to sign the Third v Amendment to the Master Services and Purchasing Agreement N with Axon Enterprise, Inc., subject to final terms and N conditions acceptable to the City Attorney and Police Chief. a� RESULT: MOTION PASSES [UNANIMOUS] Next: 2/6/2024 7:00 PM 4- 0 MOVER: Satwinder Kaur, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner ai 14. Cooperative Purchasing Agreements for Firearm Equipment and r Supply Needs - Authorize Commander Johnson provided an overview of the Cooperative Purchasing Q Agreements for Firearm Equipment and Supply Needs. r c The City has entered into an agreement with the State of Washington's Department of Enterprise Services ("DES"), which allows the City to purchase through contracts the state publicly bids and enters into with various contractors. Purchases made through cooperative purchasing agreements are exempt from the City's competitive bid requirements under KCC 3.70.110(F). DES has entered into contracts with five different contractors through which to purchase firearms and firearm supplies and equipment. These contracts provide for an initial term of two years, which commenced on January 1, 2024, and expires on December 31, 2025. If a contractor meets the contract's required performance metrics, the contractor's contract with DES ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 9 of 12 Packet Pg. 11 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes may be extended up to an additional three years-through December 31, 2028. If Council authorizes the Police Department to purchase through these DES contracts, our Law Department has confirmed that no other contract document is required. Any purchase the City makes from any contractor under a DES cooperative contract will be subject to the terms and conditions of that DES contract. MOTION: I move to authorize the Police Chief to purchase firearm equipment and supplies through any of the cooperative purchasing agreements the State of Washington has entered into under Statewide Contract No. 22422, within budgets — previously established and approved by Council and throughout the term of the state's contracts. 'o L Q Q RESULT: MOTION PASSES [UNANIMOUS] Next: 2/6/2024 7:00 PM Q MOVER: Satwinder Kaur, Councilmember a SECONDER: Brenda Fincher, Councilmember o AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner v N O 15. Ordinance Dedicating Right of Way for Kent East Hill Operations N Center - Adopt a� Property and Acquisition Analyst Cheryl Rolcik-Wilcox provided details on the - Ordinance Dedicating Right of Way for Kent East Hill Operations Center. This Ordinance dedicates a 5' strip of land adjacent to 124th for right-of-way purposes. The City's Kent East Hill Operations Center Project is currently being designed and construction will begin in 2024, with an anticipated completion in late 2025. The dedication will formally establish and define the a boundaries of the City right-of-way for use by utility, cable, and telecommunication providers. Q MOTION: I move to adopt Ordinance No. 4485 authorizing the r dedication of a portion of City-owned property, for right-of-way = purposes for the development of the Kent East Hill Operations Center. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner 16. Agreement with Keller Associates, Inc. - West Hill Booster Pump Station — Authorize ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 10 of 12 Packet Pg. 12 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes Engineer Drew Holcomb provided an overview of the West Hill Booster Pump Station project that will replace the existing pump station and be located off Veteran's Drive. The City of Kent is beginning the design of a water Booster Pump Station which will be primarily used to fill the new West Hill Reservoir. The proposed station will largely replace the three aging pump stations currently filling the reservoir, providing more redundancy for water supply on the West Hill. This new pump station will pump up the West Hill through a new 16-inch N transmission main which is currently in design. MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with Keller Associates, LLC, for the design — of the West Hill Booster Pump Station, subject to final terms and conditions acceptable to the Public Works Director and City o Attorney. a a RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM a MOVER: Brenda Fincher, Councilmember o SECONDER: John Boyd, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud Troutner v N Y Y c N 17. Agreement with Herrera Environmental Consultants, Inc. — Lower Russell Levee Habitat A Feasibility Study — Authorize U- 4- Environmental Supervisor Rowena Valencia-Gica provided an overview of the U) Agreement with Herrera Environmental Consultants, Inc. for the Lower 2 Russell Levee Habitat A Feasibility Study. ai Valencia-Gica provided a review of the project that will include a new off- channel habitat area and installation of large woody structures to provide a rearing and refuge habitat for juvenile Chinook salmon. Q In December 2022, the City signed the King County Flood Control District's Cooperative Watershed Management Grant agreement and in August 2023, the Puget Sound Acquisition and Restoration Grant agreement with the State of Washington. Both grants will be used to complete an alternatives analysis, wetland design, hydrogeological study, archaeological survey, geotechnical analysis, stakeholder coordination, refine the 60% preliminary design, prepare a maintenance, monitoring and adaptive management plan, and prepare permit documents to construct the Habitat Area A project. Herrera was selected to conduct this feasibility study and alternatives analysis given their expertise and experience in designing river habitat restoration projects and preparing feasibility and alternatives analysis. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 11 of 12 Packet Pg. 13 Kent City Council - Committee of the Whole February 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with Herrera Environmental Consultants to complete a feasibility study for the Lower Russell Levee Habitat Area A project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/20/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: John Boyd, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner c 18. INFO ONLY: Lower Russell Levee Habitat Area A (CWM) Grant — Application Valencia-Gica provided the Council with an update on the Lower Russell a L Levee Habitat Area A grant application to the King County Flood Control Q District Cooperative Watershed Management Grant Application. This is the last phase of the project for Habitat Area A (Lower Russell Levee). a 0 0 The Habitat Area A project includes the excavation of a new off-channel habitat area and installation of large wood structures that will provide v g y p o rearing and refuge habitat for juvenile Chinook salmon. The next phase of N the project will prepare construction plans of the chosen alternative based on the feasibility study results. To complete this work, the City will apply for Ui another CWM grant in the amount of $627,690 to fund the project design. o a� S. ADJOURNMENT Council President Boyce adjourned the meeting. r a Meeting ended at 5:40 p.m. Q Ki, le,y A. Komotcr City Clerk = ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 12 of 12 Packet Pg. 14 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 15 4.0 ADMINISTRATION Arthur "Pat" Fitzpatrick - Chief Administrative Officer 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5700 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: accesso ShoWare Center Update SUMMARY: accesso ShoWare Center General Manager Tim Higgins will provide an update to the Council. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 16 4.D PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Agreemment with MacLeod Reckord, PLLC for North Meridian Park Conceptual Plan - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with MacLeod Reckord, PLLC, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In November of 2023, MacLeod Reckord, PLLC was selected through a competitive Request For Qualifications process for planning and design work related to redevelopment of North Meridian Park. With approval of this contract, the project will proceed into planning and community engagement in late Spring of 2024 with pop-up events, open house meetings, and robust online engagement through EngageKentParks.com. The conceptual planning process will provide opportunity to explore potential partnership opportunities with the Kent School District and King County prior to returning to Council for consideration of contracts for the preliminary design, final design, and construction phases. BUDGET IMPACT: $120,809 paid out of the North Meridian Park Redevelopment Project in the amount of from the Parks Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 17 4.D ATTACHMENTS: 1. Consultant Services Agreement with Macleod-Record, PLLC (PDF) Packet Pg. 18 E 4.D.a KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and 0 Z Macleod-Reckord, PLLC 2 U THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter —_JJ the "City"), and MacLeod-Reckord, PLLC organized under the laws of the State of Washington, located and a doing business at 110 Prefontaine PI. S, Ste 600, Seattle, WA 98104 (hereinafter the "Consultant"). 0 I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following 00 described plans and/or specifications: U ILI As described in the attached Exhibit A, incorporated herein, the consultant shall provide 3 planning and design services for North Meridian Park. E E a� a� L Q The Consultant further represents that the services furnished under this Agreement will be performed c in accordance with generally accepted professional practices within the Puget Sound region in effect at the M time those services are performed. v J J II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in a- Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by March 31, 2025. U a� III. COMPENSATION. 0 aD A. The City shall pay the Consultant, based on time and materials, an amount not to exceed U $120,809.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and 3 executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) E for a period of one (1) year from the effective date of this Agreement. The Consultant's billing Iv rates shall be as delineated in Exhibit A. °f Q as B. The Consultant shall submit monthly payment invoices to the City for work performed, and a .2 final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 0 c) C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the E Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 19 4.D.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. c ca IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 0 A. The Consultant has the ability to control and direct the performance and details of its z work, the City being interested only in the results obtained under this Agreement. ,o U B. The Consultant maintains and pays for its own place of business from which the --JJ Consultant's services under this Agreement will be performed. a L C. The Consultant has an established and independent business that is eligible for a Y business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that a°, involved under this Agreement. U D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue 3 Service and the state Department of Revenue. c m E E. The Consultant has registered its business and established an account with the state aEi Department of Revenue and other state agencies as may be required by the i Consultant's business, and has obtained a Unified Business Identifier (UBI) number a from the State of Washington. M O F. The Consultant maintains a set of books dedicated to the expenses and earnings of its M business. v J J V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon a- providing the other party thirty (30) days written notice at its address set forth on the signature block of 16- c this Agreement. After termination, the City may take possession of all records and data within the ou Consultant's possession pertaining to this project, which may be used by the City without restriction. If the W City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal o exposure to the Consultant. a) U cu VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure z in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, ' or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their a) performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing e- state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a� If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in o 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. a� Notwithstanding other provisions of this section, the Consultant 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 c costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. a CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 20 4.D.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. c ca If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the o extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its z obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be " borne by the Consultant. U J J VII. DISCRIMINATION. In the hiring of employees for the performance of work under this a Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the o Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national Y origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative a°, Policy 1.2. U VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or 3 suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's c performance of this Agreement, except for that portion of the injuries and damages caused by the City's E negligence. E a� L The City's inspection or acceptance of any of the Consultant's work when completed shall not be a grounds to avoid any of these covenants of indemnification. M O Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, co then, in the event of liability for damages arising out of bodily injury to persons or damages to property v caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, I employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, a- and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's c negligence. U IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION o PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court m having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then 4E) the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and t- reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal a on the Consultant's part. it The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. N C X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable v accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and a CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 21 4.D.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the o Consultant. Z L W XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor v with the authority to control and direct the performance and details of the work authorized under this � Agreement, the work must meet the approval of the City and shall be subject to the City's general right of a inspection to secure satisfactory completion. o XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall 40) be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to uJ materials, tools, or other articles used or held for use in connection with the work. ILI f° z XIV. MISCELLANEOUS PROVISIONS. 3 r c A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its E contractors and consultants to use recycled and recyclable products whenever practicable. A price E preference may be available for any designated recycled product. i a� Q B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those co covenants, agreements or options, and the same shall be and remain in full force and effect. v J J C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and a- construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means a00i of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules W and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 0 writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the 2 parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's 3 right to indemnification under Section VIII of this Agreement. r c m D. Written Notice. All communications regarding this Agreement shall be sent to the parties at aEi the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written 2- notice hereunder shall become effective three (3) business days after the date of mailing by registered or Q 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. a� E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. c 0 c) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. ca Q CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 22 4.D.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. O H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal z laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's " business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of U the performance of those operations. � a I. Public Records Act. The Consultant 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, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties (OD and obligations under the Public Records Act. U J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the 3 Kent City Code. c m E E a� a� L Q M 0 Cn M U J J a- L O V N� O W V CM G Y 3 r c m E a� a� L Im Q U) V co N C O V C N E t v cC Q CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 23 4.D.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 0 IN WITNESS, the parties below execute this Agreement, which shall become effective on z the last date entered below. All acts consistent with the authority of this Agreement and prior ,o to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed U to have applied. a L 0 CONSULTANT: CITY OF KENT: m By: By: J Print Name: Print Name: Dana Ralph t Its Its Mayor 3 r _ DATE: DATE: E E a� aD L NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Q M CONSULTANT: CITY OF KENT: M_ Connie Reckord Dana Wilk t� Macleod-Reckord, PLLC City of Kent 110 Prefontaine PI. SE, Ste 600 220 Fourth Avenue South a Seattle, WA 98104 Kent, WA 98032 L0 a� (206) 323-7919 (telephone) (253) 856-5058 (telephone) connier@macleodreckord.com (email) dwilk@kentwa.gov (email) o 2 APPROVED AS TO FORM: t r _ m Kent Law Department L ATTEST: Q a� L Kent City Clerk r [In this field,you may enter the electronic filepath where the contract has been saved] +�+ 3 _ 0 U r _ a� E t R Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 24 4.D.a DECLARATION c �a CITY OF KENT NON-DISCRIMINATION POLICY as The City of Kent (City) is committed to conform to Federal and State laws regarding equal Z opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who 0 perform work with relation to this Agreement shall comply with the regulations of the City's equal 4" employment opportunity policies. � a The City of Kent and its contractors are subject to and will comply with the following: o • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. W 252), (prohibits discrimination on the basis of race, color, national origin); o N J • 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); 3 r c • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement E of Title VI of the Civil Rights Act of 1964). E a� a� L • Ch. 49.60 RCW (Washington Law Against Discrimination) a M 0 0 The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". J a The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of a all of the following is required for this Agreement to be valid and binding. If any contractor, I= subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined o below, it will be considered a breach of contract and it will be at the City's sole determination 2 regarding suspension or termination for all or part of the Agreement. The statements are as follows: 3 c a� 1. I have read the attached City of Kent administrative policy number 1.2. E a� L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement � to all new employees and subcontractors indicating commitment as an equal opportunity employer. N 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 0 promotion of women and minorities. ; c a� 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 25 4.D.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- a assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference Z and made a part of this contract. o w U B. Non-discrimination: The contractor, with regard to the work performed by it a during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of o materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. J C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made 3 by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or E supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. a M O D. Information and Reports: The contractor will provide all information and reports M required by the Acts and Regulations and directives issued pursuant thereto and will L) permit access to its books, records, accounts, other sources of information, and its -_JJ facilities as may be determined applicable to contractor's contract by the City or the a Washington State Department of Transportation to be pertinent to ascertain c compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the a Washington State Department of Transportation, as appropriate, and will set forth U what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a a. withholding payments to the contractor under the contract until the contractor complies; and/or it co b. cancelling, terminating, or suspending a contract, in whole or in part. c ig F. Incorporation of Provisions: The contractor will include the provisions of y paragraphs (A) through (F) above in every subcontract, including procurements of o materials and leases of equipment, unless exempt by the Acts and Regulations and L) 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 sanctions for noncompliance. Provided, that if the contractor becomes involved in, a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 26 4.D.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and 0 authorities; including but not limited to: 0 4- U J J Pertinent Non-Discrimination Authorities: a L 0 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), 2 (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part W 21. 0 ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination E on the basis of sex); 0 iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, a (prohibits discrimination on the basis of disability); and 49 CFR Part 27; M V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), Cn (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as J amended, (prohibits discrimination based on race, creed, color, national origin, or a sex); c 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 6 Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by 2 expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination E on the basis of disability in the operation of public entities, public and private a L transportation systems, places of public accommodation, and certain testing entities a (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; L ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 5 Populations and Low-Income Populations, which ensures Non-discrimination against o minority populations by discouraging programs, policies, and activities with U r disproportionately high and adverse human health or environmental effects on minority and low-income populations; a EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 27 4.D.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from 0 discriminating because of sex in education programs or activities (20 U.S.C. 1681 et o seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) a 7. The submission of the final invoice for this contract will constitute a reaffirmation that the 0 preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. J V R By: For: c as E Title: E a) aD L Date: Q M 0 0 M U J J d L 0 V N� 0 0 V C� G 0 E 0 L Q V L /0 vJ r 0 U r c a� E t R Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 28 4.D.a CITY OF KENT ADMINISTRATIVE POLICY c �a •L as NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 O z L O W V J J SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 a. L O APPROVED BY Dana Ralph, Mayor POLICY: o N J V Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, 3 if holding Agreements with the City amounting to $10,000 or more within any given year, must a take the following affirmative steps: E E a� 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. Q M O 2. Actively consider for promotion and advancement available minorities and women. M U Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the -J City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination a Policy Declaration, prior to commencing performance. c U a) Any contractor, subcontractor, consultant or supplier who willfully disregards the City's R� nondiscrimination and equal opportunity requirements shall be considered in breach of contract oa and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following 3 duties for their respective departments. a� 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity N policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. co c N C O V C N E t v cC Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 29 4.D.a MacLeod Reckord PLLC Landscape Architecture ■ Planning ■ Urban Design 110 Prefontaine Place South Suite 600 Seattle, Washington 98104 P 206-323-7919 0 L Scope of Work ° February 07, 2024 J a. City of Kent -a North Meridian Park Conceptual Plan PROJECT DESCRIPTION c a) Purpose and Scope 0 The City of Kent (City) seeks to redevelop the existing North Meridian Park with potential expansion of improvements onto adjacent City of Kent School District (KSD) property and King 3 County (KC) property. North Meridian Park (NMP) is approximately 35 acres, School District c recreational property is approximately 6 acres, and King County property is approximately 40 E acres. E d NMP has two baseball fields with fencing, bleachers, dugouts, and outfield fences. The ballfield on the south includes a cricket pitch. The undeveloped, natural area has unmarked social trails and is a approximately 29 acres, home to well-established trees and native species. Surrounding development is principally single family residential, with the school property and associated track, M football field, and practice field located to the south. t� The program and final conceptual design for a redeveloped NMP and potentially surrounding � properties will be reevaluated through a robust analysis, design, and public engagement process. a. The scope of work includes: project management, public outreach, site inventory and analysis of on-site conditions and influences from adjacent properties, programming, conceptual alternatives and a preferred design alternative that will guide future final design and construction. 0 Project Area ns The Project Area is as defined by the limits shown on the attached Exhibit A. The Study Area is as defined by the limits shown on the attached Exhibit A-1. Planning and analysis efforts may extend beyond the Project Area to inform recommendations on programming but no formal planning 3 studies will be presented for those areas outside the Project Area. a E m OUTLINE OF SCOPE OF SERVICES Scope of work shall consist of the following: a N I. Redevelopment Planning and Design Services Task 1 Project Management Cn 2 Public Outreach c 3 Site Inventory and Analysis r 4 Programming y 5 Conceptual Alternatives c 6 Preferred Conceptual Plan v c m E North Meridian Park Redevelopment Project Page 1 of 9 Q Packet Pg. 30 4.D.a c to II. Preliminary and Final Design (NIC) •L Task 7 Project Management (Prelim and Final Design) 8 Expanded Public Outreach 9 Survey and Mapping o 10 Geotechnical Evaluation and Engineering z L 11 Environmental Evaluation and Reporting w 12 Permit Application Support Services J 13 30% Schematic Design a 14 60% Design Development and Draft Technical Reports 15 90% Construction Documents and Final Technical Reports o 16 100% Bid Documents as III. Construction Administrative Support (NIC) o 17 Bidding and Award -J 18 Preconstruction and Regular Construction Meetings and Reporting 19 Submittals, RFI's, ASI's, Change Orders, Pay Request Review 20 Preliminary and Final Punch List 3 21 As Built Plans as E E ROLES AND RESPONSIBILITIES a L City- Provide background information and data as available; review and comment on a documentation presented; distribute draft and final documentation as necessary for comprehensive o City review and approval; coordinate with Kent School District and King County to facilitate review M and collaborative exchange during design process; provide support and venue for public meetings. U J Consultant- Provide planning and design services and contract with qualified subconsultants as a identified below. Roles and responsibilities are as follows: MacLeod Reckord (MR) - Project management, agency coordination, public outreach, site U inventory and analysis, programming, conceptual and final planning and design, overall documentation coordination, cost opinion, project oversight, and QA/QC. o as KPFF Consulting Engineers - Civil and structural engineering, stormwater management, frontage improvements, prefabricated structures /vendor coordination, and cost opinion. DA Hogan &Associates - Sports field programming and design, synthetic and turf fields, 3 documentation and cost opinion. c Houck Design - Disc golf course planning and design, documentation, and cost opinion. Stantec- Sports field lighting, electrical engineering, documentation, and cost opinion. i Herrera Environmental Consultants - Environmental analysis and reporting, permit a application support, and documentation and reporting. HWA GeoSciences -Geotechnical evaluation and engineering, reporting and it recommendations. co PACE Engineers - Survey and mapping, documentation, and reporting as required. GENERAL PROJECT ASSUMPTIONS 1. Meetings and deliverables have been included in the Scope as outlined herein. ci 2. The City is responsible for advertising / notification and providing the venue for review meetings and public meetings/open houses. W 3. City to maintain website and post materials provided by Consultant. �a North Meridian Park Redevelopment Project Page 2 of 9 Q Packet Pg. 31 4.D.a c ca 4. Review comments from various City Departments / reviewers and from Kent School District 'S •L (if provided) will be consolidated by the City into a single review document set for each cycle of review. Design team will provide a consolidated response to each set of comments. 5. LEEDTM Process is not included at this time, however sustainable building practices will be o incorporated into site design as program and budget allow. z L W DOCUMENTS AND DATA PROVIDED BY CITY (and / or KSD, KCDNR as appropriate) U J 1. Any available topographic/ boundary survey, known easements/ ROW, utility plans, trail a mapping, and other site information compiled by City or KSD shall be provided by the City KSD / KC. `0 2. Access to City GIS mapping (layers as agreed) 3. City Road / Street Frontage and Construction Design Standards 4. Current City Plans and Codes if not available online; in particular City's Parks and Open o Space Plan _J 5. Major development/ redevelopment plans (including utilities and roadways) for the immediate vicinity 6. Program requirements for outdoor athletic facilities as provided by Kent School District 3 7. Placer Al data to inform demographic information. 8. Recent geotechnical and / or stormwater information as available for projects in the immediate vicinity E a� a� L DESIGN STANDARDS/CRITERIA a 1. Electronic drawing format ACAD current version, Civil 3D current version, Adobe Acrobat PDF, or as mutually agreed. rn 2. WADOE, 2019 Stormwater Management Manual for Western Washington. U SCHEDULE a The scope of work is premised on a Notice-to-Proceed date of approximately February 2023. .� Project completion October 2024, or as revised through an updated, approved schedule. `o U as WORK PLAN 0 TASK 1: PROJECT MANAGEMENT 1.1 Project Coordination: Coordinate with the City to ensure work products are exchanged in a timely manner, that work is completed on schedule, and meets the City's requirements. Coordinate with team members to discuss and distribute project data, ensure timely product 3 r delivery, and respond to requests for information. 1.2 City Staff and Project Partner Coordination Meetings: Meet with City and their assigns (may include but not be limited to multiple City departments, boards, and council; Kent School District; King County) to discuss and/or present project issues, schedule, progress, N and general coordination of effort. Meetings on a twice-monthly basis. it 1.3 Team Coordination Meetings: Meet with project team members on a periodic basis, co virtually and only in person at MR office as collaborative design efforts dictate. c 1.4 Document Management: Provide for the management of drawings and documents received and generated over the course of the project, including review, distribution, filing, and storage. 0 1.5 Project Schedule: Provide a detailed schedule (1 draft, 1 final) for the Consultant work elements, integrating project deliverables and milestones with schedules identified by the E City. �a North Meridian Park Redevelopment Project Page 3 of 9 Q Packet Pg. 32 4.D.a c ca 1.6 Subconsultant Contracting and Management: Coordinate scope definition and •L contracting with subconsultants. Prepare and execute subcontracts. Provide ongoing overview of progress, review of invoices, and overall coordination amongst subconsultants involved in the project. o z 1.7 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables o prior to submittal to the City. 2 1.8 Invoicing: Prepare and submit regular invoicing and monthly progress reports within 45 a days of work completed. a. L Assumptions: • City Staff and Project Partner Coordination Meetings will be held remotely, with an allowance for approximately 25% to be held in person at City offices and will include team members as appropriate. 0 J Deliverables: a • Contract Documents including subcontracts • Project schedule 3 • Monthly Invoicing and Progress Reports • Regular communication, agenda for City Staff Coordination Meetings and meeting notes. Meetings: • (16) City Staff Coordination Meetings a, • (6) Coordination Meetings with Project Partners a M O Cn M TASK 2: PUBLIC OUTREACH v 2.1 Public Opinion Survey: Prepare (2) draft and final public opinion surveys formatted for the a Engage Kent Parks platform. City to inform community of Engage Kent Parks survey link .� and response window. Survey to be open to public at approximately the same time as the `o first and second public meeting. W 2.2 Stakeholder Meetings: Prepare for, present at, and record comment/ input from (4) o stakeholder meetings. a) U a) Details about how stakeholders are determined; who and how many b) Details about their contribution (advisory, decision making, etc) 3 c) Details about sequence of consultation relative to City staff and leadership meetings and public meetings. E 2.3 Public Outreach Meetings: Prepare for, present at, and record comment/ input from (2) public meetings. a a) Public Meeting #1 — Present background information on site, City/ KSD / KC vision and planning document perspective for this /these site(s), list of potential program it elements, and early site analysis information. Provide photo boards showing co precedent imagery, bubble diagram illustratives of space requirements for selected program elements, and similar imagery to impart information and elicit conversation about preferences and concerns from the public. Provide all deliverables to City to upload into Engage Kent Parks project page to solicit input from those who cannot v attend in-person event. Record input and assemble in a summary format. a� E �a North Meridian Park Redevelopment Project Page 4 of 9 Q Packet Pg. 33 4.D.a c ca b) Public Meeting #2 — Present a range of concept alternatives based on public input 'S from Meeting #1 and input from City. Provide plans, sections and diagrams as needed, photo boards showing precedent imagery, potential phasing and / or overlap of facilities, and other aspects of the plans that will be informative to eliciting o opinion. Provide all deliverables to City to upload into Engage Kent Parks project Z L page to solicit input from those who cannot attend in-person event. Record input w and assemble in a summary format. J J 2.4 Community Meetings/Pop-Up Events: Consultant, in coordination with the City, will a. coordinate and prepare presentation material for up to 2 community meetings (tables at -a existing community events) or pop-up events. Consultant staff attendance not anticipated at these pop-up events. 2.5 Communication: 0 m a) Website: Consultant will provide materials in support of City's management of the U Engage Kent Parks project page. b) Mailings / Distribution: by City. 3 2.6 Public Outreach Summary: Prepare Summary of process, input, and survey results in a technical memorandum format. E E Assumptions: L • City to provide venue. a • City responsible for managing project website in Engage Kent Parks and upload ofCD M presentation exhibits. M • City responsible for administering survey in Engage Kent Parks • City responsible for distributing survey output report to Consultant for summary memo. _J • MR responsible for materials development and analysis of data from Engage Kent Parks. ii • City attendance only at pop-up events. Documents/illustrative exhibits for the pop-up events anticipated to be the same as those documents for public or stakeholder meetings. No new 0 exhibits anticipated. Deliverables: o a) • Illustrative materials for in-person and online outreach • General public meeting support material. • Public Outreach Summary Technical Memorandum 3 r Meetings: E • (4) Stakeholder Meetings; initial group may include: NM Middle School community(parents, students, teachers), Northwest Cricket League, Disc Golf organizations, and Neighborhood a councils. • (2) Public Meetings a� co TASK 3. SITE INVENTORY AND ANALYSIS c ns 3.1 Data/Document Review: Review available documentation as provided by the City and y through publicly available information. Meet with City, Kent School District, and King County o staff to complete data gathering effort. a. Base Map: Create a preliminary planning-level base map derived from City and County GIS data. Base mapping anticipated to include: E �a North Meridian Park Redevelopment Project Page 5 of 9 Q Packet Pg. 34 4.D.a c ca • Property boundaries / parcels 'S • 2-foot contours from City GIS or LiDAR data • Utilities (if applicable) • Aerial imagery (if applicable) Z 3.2 Site Reconnaissance: Perform field visits to review conditions and determine o operational/physical constraints and opportunities. Supplement mapped base with U observational information. � a. 3.3 Comprehensive Site Analysis: Consolidate information from team (see subtasks below) -a and identify key issues, operational/physical constraints and opportunities. Provide in 0 graphic form site analysis for use by City staff and in Public Meeting #1. Summarize key points of analysis and recommendations in a technical memorandum. 3.4 Stormwater and Utility Analysis and Reporting: Assess and report on stormwater J requirements based on regulatory requirements and site conditions JDA's, etc). Review U available water and sewer utility information and report on constraints and known requirements for upgrades. Provide summary technical reports and mapping to inform ILI Comprehensive Site Analysis drawings and narrative. 3 r c 3.5 Frontage Improvement and Boundary Encroachment Analysis and Reporting: (KPFF task): Meet with City staff to discuss requirements of frontage improvements along 12011 E Avenue SE within the project limit. Discuss the interest in a future extension of 120' i Avenue SE with the objective being to provide a basis to inform scoping in a subsequent a phase. Document a summary of understanding in a brief technical memo format. CD (MR task): Review City requirements for addressing boundary encroachment on public M property and identify approximate locations where encroachment may occur Provide information on base map and summarize recommended approach in a brief technical -J memorandum. a 3.6 Critical Areas Analysis, Characterization, and Reporting: Assess, characterize, and `o determine approximate extents of critical areas on a reconnaissance level detail. Report on a likely constraints, conditions of impact, and likely mitigation requirements for impact to critical areas. Provide a brief summary technical report and mapping to inform Comprehensive Site Analysis drawings and narrative. U 3.7 Disc Golf Suitability Assessment: Review site conditions after critical areas characterization and mapping effort is complete to determine suitability of site for disc golf 3 course development. Provide technical memorandum identifying opportunities and r constraints. a E 3.8 Sports Field Suitability Assessment: Review site conditions to determine the range of i sports field options (and overlays) that might reasonably be considered for the flatter areas of the site. Provide data (AutoCAD templates) to inform field size and clearance zones for N specific sports program elements as appropriate. Provide input on subdrainage considerations relative to surfacing, overlay options, and known utility connections. Provide it consultation on "test fits" and various layout options including opinions on safety, suitability, CO conflict avoidance, and constructability. r- ig 3.9 Code and other Regulatory Considerations: Review current City code requirements and y other regulatory constraints or implication of new project development. Provide summary o technical report and mapping to inform Comprehensive Site Analysis drawings and v narrative. c a� Assumptions: �a North Meridian Park Redevelopment Project Page 6 of 9 Q Packet Pg. 35 4.D.a c ca • City to provide available/current documentation that will help to inform site analysis, constraints, and opportunities. • City to provide utility as-builts or other information in support of Task 3.4. • No structural services are included as part of this task. o • Based on preliminary paper search and finding the site has not indication of possible Z geologic hazard areas, erosion, landslide, steep slope, or seismic zones no documentation ° will be provided for geologically hazardous areas as part of the Critical Areas review. � • Access to areas needed to conduct the critical areas analysis will be feasible with existing a trails. Dense thickets of Himalayan blackberry or other vegetation will not prevent this -a access. 0 • The technical memorandum produced for Task 3.6 will include a summary of critical areas and up to two figures showing the location of critical areas and estimated buffer widths W based on estimated wetland ratings. Rating forms and figures will not be created for 0 technical memorandum. U Deliverables: ILI • (1) Draft and(1) Final graphics and technical reports as noted herein 3 • Illustrative materials for in-person and online outreach include site analysis, opportunities/ constraints, and aerial mapping E • Consolidated technical memorandum (subconsultants provide draft to MR before final E incorporated into Consolidated) • Base Map to be provided in AutoCAD v2021, NAD83, State Plane North a Meetings: rn • Task 3.5 for KPFF and MR includes a meeting. Otherwise no meetings in addition to City Staff and Project Partner Coordination Meetings, subtask 1.2 -J • Internal team coordination meetings as needed- virtual. a L O V TASK 4: PROGRAMMING 4.1 Opportunities and Constraints Analysis: This analysis will be designed to identify potential needs, gaps, trends, and opportunities for potential park site uses. Utilize City- U developed demographic analysis of the neighborhood /community. Assess/evaluate needs, gaps, trends and opportunities in the community leveraging prior City studies. Identify policies and strategies relevant to planned and potential park site plan uses. 3 r 4.2 Criteria Selection: Utilizing the City's long range plan as a starting point develop a evaluation criteria based on City, Project Partner and Stakeholder input. Potential criteria for the evaluation will be developed through consideration of several sources, including the opportunities and constraints analysis. Potential criteria topics include: a a. Planning goals U b. Equity it C. Outreach results co d. Site feasibility r- Refine criteria through a work session with City staff. y c 4.3 Evaluate Options: Based on the selected criteria, identify the potential range of uses able v to meet the needs of neighborhood / community residents, and City residents overall. This potential range of program elements will be the information presented to the public in Public Meeting #1. �a North Meridian Park Redevelopment Project Page 7 of 9 Q Packet Pg. 36 4.D.a c to 4.4 Draft Program Statement: With City and public input, resolve final program for Conceptual •L Alternatives development. 4.5 Final Program Statement: Finalize program for site development. This program statement will be the basis for developing the Preferred Conceptual Plan. Z L Assumptions: U • City to provide available/current planning documents that will help to inform park uses. J • MR to include other documentation that will inform trends and opportunities for City a. consideration in developing program. o • DA Hogan to collaborate on sports program language. as Deliverables: • Opportunities/Constraints Analysis narrative/graphic J • Evaluation Criteria U • Draft and Final Program Statement Meetings: 3 r • No meetings in addition to City Staff and Project Partner Meetings, subtask 1.2 E E a� TASK 5. CONCEPTUAL ALTERNATIVES a 5.1 Conceptual Alternative Development: Develop and illustrate up to three (3) draft concept alternatives incorporating information and recommendations from public outreach, analysis, o and programming efforts. Collaborate with City and Project Partners as these are being developed. Provide in graphic form for review by City staff. Utilize precedent photographic J imagery as appropriate. Summarize key differences in concepts in a memorandum or a matrix form. L 5.2 Final Conceptual Alternative Plans: Revise and finalize graphics, memorandum or matrix 0 based on input from City Staff. These final graphics and memorandum are intended for presentation in Public Outreach Meeting #2. o 5.3 Planning Level Cost Opinions: Develop planning level cost opinions for each of three (3) U conceptual alternatives. Purpose is primarily for a rough order of magnitude cost comparison between conceptual alternatives. 5.4 Review Meetings: Attend one (1) City meeting during this process for review/comment of 3 plans, memorandum or matrix, and cost opinion. Provide summary response to comments. Other meetings to present draft and final documents are assumed to be incorporated into City Staff Coordination meetings identified under Task 1.2. a Assumptions: U • DA Hogan to provide consultation on appropriate dimensioning, safety for sports fields. it W Deliverables: co c • (1) Draft and(1) Final graphics and memorandum/matrix and cost opinion ° • Illustrative materials for in-person and online outreach include conceptual alternatives plans and memorandum/matrix o v Meetings: a� • One (1) meeting in addition to City Staff Coordination Meetings, subtask 1.2 E �a North Meridian Park Redevelopment Project Page 8 of 9 Q Packet Pg. 37 4.D.a c to • Internal team coordination meetings as needed—in person for design collaboration and virtual. O TASK 6. PREFERRED CONCEPTUAL PLAN Z L O 6.1 Preferred Conceptual Plan: Develop and illustrate one (1) draft preferred conceptual plan v incorporating City, Project Partners, stakeholder, and public comments on conceptual J alternatives plans. Collaborate with City and Project Partners as this preferred plan is being a. developed. Provide in graphic form for review by City staff. Utilize precedent photographic -a imagery as appropriate. 6.2 Final Preferred Conceptual Plan: Revise and finalize graphics, sections, sketches, W perspective rendering, and photo imagery based on input from City Staff. These final o graphics will be in a format for the City to post online however no public outreach meeting is � anticipated at this time. 6.3 Planning Level Cost Opinion: Develop planning level cost opinion with recommendations for phasing for preferred conceptual plan. 3 r 6.4 Review Meetings: Attend one (1) City meeting during this process for review/comment of plans and cost opinion. Other meetings to present draft and final documents are assumed E to be incorporated into City Staff Coordination meetings identified under Task 1.2. L Deliverables: a • (1) Draft and(1) Final graphics and cost opinion c • Illustrative materials will be in a format for the City to post online M • (1) Perspective rendering of preferred plan J Meetings: a • One (1) meeting in addition to City Staff Coordination Meetings, subtask 1.2 O • Internal team coordination meetings as needed—in person for design collaboration and virtual. O W U z 3 r c m E a� a� L Q V co N C O V C N E t v cC North Meridian Park Redevelopment Project Page 9 of 9 Q Packet Pg. 38 4.D.a North Meridian Park Redevelopment Project Fee Summary(see attached derivations) t January 2024 3 MacLeod Houck Task/Team KPFF Civil DA Hogan Stantec Herrera HWA PACE Subtotal Reckord Design E Part I -Redevelopment Planning and Design Services E m 1.0 Project Management 15,008.00 820.00 - 900.00 - 4,536.00 - 21,264.00 rn 2.0 Public Outreach 12,979.00 - - - - - 12,979.00 Q 3.0 Site Inventory and Analysis 12,264.00 5,660.00 4,210.00 3,175.00 - 12,789.00 - 960.00 39,058.00 4.0 Programming 4,452.00 - 3,185.00 - 7,637.00 M 5.0 Conceptual Alternatives 15,358.00 6,670.00 3,475.00 - - 25,503.00 6.0 Preferred Conceptual Plan 9,326.00 - - - - 9,326.00 J Subtotal 69,387.00 13,150.00 10,870.00 4,075.00 - 17,325.00 - 960.00 115,767.00 a Direct Expenses 100.00 - 304.00 404.00 0 U Admin. Mark-up(10%) 4,638.00 4,638.00 w Total $ 74,125.00 $ 13,150.00 $ 10,870.00 $ 4,075.00 $ - $ 17,629.00 $ - $ 960.00 $120,809.00 m U M t r 3 c as E m m L Q V Cn N C O U c m E t U O r Q Packet Pg. 39 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 ca MacLeod Reckord •L Project Landscape CAD Principal Mana er Architect Technician Administrative SUBTOTAL a t Task SCOPE OF WORK Pq $210.00 $168.00 $147.00 $136.00 $143.00 O Part I - Redevelopment Planning and Design Services L- 1.0 PROJECT MANAGEMENT w 1.1 Project Coordination 2 4 $1,092 J 1.2 City Staff and Project Partner Coordination Meetings 14 27 $7,476 J 1.3 Team Coordination Meetings 4 8 $2,184 d 1.4 Document Management 8 $1,088 -a 1.5 Project Schedule 1 2 $546 O 1.6 Subconsultant Contracting and Management 1 1 2 $664 v 1.7 Quality Assurance/Quality Control 4 $840 d 1.8 Invoicing 1 2 4 $1,118 Or' Subtotal: 27 44 0 8 6 $15,008 p 2.0 PUBLIC OUTREACH J 2.1 Public Opinion Survey 1 6 $1,218 v 2.2 Stakeholder Meetings 8 12 $3,696 2.3 Public Outreach Meetings 8 16 4 $4,940 t 2.4 Community Meetings/Pop-Up Events 2 8 $1,764 3 2.5 Communication 1 4 $882 2.6 Public Outreach Summary 2 1 $479 Subtotal: 20 48 0 0 5 $12,979 O 3.0 SITE INVENTORY AND ANALYSIS E 3.1 Data/Document Review 2 4 8 $2,268 N N 3.5 Site Reconnaissance 3 6 $1,638 3.3 Comprehensive Site Analysis 2 8 12 $3,528 Q 3.4 Stormwater and Utility Analysis and Reporting 1 1 $378 ch Frontage Improvement and Boundary Encroachment o 3.5 Analysis and Reporting 4 8 $2,184 M 3.6 Critical Areas Analysis,Characterization,and Reporting 1 1 $378 3.7 Disc Golf Suitability Assessment 1 1 $378 V J 3.8 Sports Field Suitability Assessment 1 1 $378 J 3.9 Code and Other Regulatory Considerations 1 2 4 $1,134 d Subtotal: 16 32 24 0 0 $12,264 4.0 PROGRAMMING O 4.1 Opportunities and Constraints Analysis 2 6 4 $2,016 4.2 Criteria Selection 1 4 2 $1,176 , 1.3 Evaluate Options 1 2 $546 0 O 4.4 Draft Program Statement 1 2 $546 N 4.5 Final Program Statement 1 $168 v Subtotal: 5 15 6 0 0 $4,452 5.0 CONCEPTUAL ALTERNATIVES 5.1 Conceptual Alternative Development 6 24 16 $7,468 3 5.2 Final Conceptual Alternative Plans 2 16 8 $4,196 5.3 Planning Level Cost Opinions 1 4 8 4 $2,602 d 5.4 Review Meetings 2 4 $1,092 E Subtotal: 11 48 8 28 0 $15,358 N N 6.0 PREFERRED CONCEPTUAL PLAN 6.1 Preferred Conceptual Plan 4 16 12 $5,160 Q 6.2 Final Preferred Conceptual Plan 1 8 4 $2,098 N 6.3 Planning Level Cost Opinion 1 2 2 1 $976 v 6.4 Review Meetings 2 4 $1,092 it Subtotal: 8 30 2 17 0 $9,326 Subtotal 87 217 40 53 11 $69,387.00 Direct Expenses: $100.00 ° TOTAL:11 $69,487.00 w c 0 L) c a� E ca a Packet Pg. 40 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 edits by CR 2024-01-30 ca KPFF Consulting Engineers a� PM PE DE CADD Admin SUBTOTAL Task FIMSCOPE OF WORK $210.00 $180.00 $125.00 $155.00 $100.00 O Part I - Redevelopment Planning and Design Services Z L 1.0 PROJECT MANAGEMENT 1.2 City Staff and Project Partner Coordination Meetings $0 V 1.3 Team Coordination Meetings 2 $420 J 1.8 Invoicing 4 $400 d Subtotal: 2 0 0 0 4 $820 2.0 PUBLIC OUTREACH o Subtotall 0 1 0 1 0 1 0 1 0 $0 Y 3.0 SITE INVENTORY AND ANALYSIS 3.1 Data/Document Review 2 2 $610 3.5 Site Reconnaissance 4 $720 0 O 3.3 Comprehensive Site Analysis $0 m J 3.4 Stormwater and Utility Analysis and Reporting 4 8 8 $3,280 U 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting 5 $1,050 3.6 Critical Areas Analysis,Characterization,and Reporting $0 3.7 Disc Golf Suitability Assessment $0 3 3.8 Sports Field Suitability Assessment $0 3.9 Code and Other Regulatory Considerations $0 Subtotal: 9 14 10 0 0 $5,660 4.0 PROGRAMMING E Subtotall 0 1 0 1 0 1 0 1 0 $0 5.0 CONCEPTUAL ALTERNATIVES 5.1 Conceptual Alternative Development 2 6 9 4 $3,245 Q 5.2 Final Conceptual Alternative Plans 1 4 6 4 $2,300 5.3 Planning Level Cost Opinions 1 2 3 $945 p 5.4 Review Meetings 1 $180 0n Subtotal: 4 13 18 8 0 $6,670 6.0 PREFERRED CONCEPTUAL PLAN J 6.1 Preferred Conceptual Plan $0 J 6.2 Final Preferred Conceptual Plan $0 d 6.3 Planning Level Cost Opinion $0 6.4 Review Meetings $0 v Subtotal: 0 0 0 0 0 $0 y Subtotal 15 27 28 8 4 $13,150.00 Direct Expenses: 0 TOTAL: $13,150.00 m z 3 r c m E a� a� L Q V co fn C O V C N E t v ca Q Packet Pg. 41 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 edits by CR 2024-01-30 D.A. Hogan &Associates, Inc. Principal LA Tech/CADD Land. Designer SUBTOTAL t Task SCOPE OF WORK 1 $245.00 1 $135.00 1 $125.00 O Part I - Redevelopment Planning and Design Services o 1.0 PROJECT MANAGEMENT Subtotal 0 1 0 1 0 $0 V J 2.0 PUBLIC OUTREACH J Subtotal: 0 1 0 1 0 $0 a. 3.0 SITE INVENTORY AND ANALYSIS 3.1 Data/Document Review 2 $490 v 3.5 Site Reconnaissance $0 m 3.3 Comprehensive Site Analysis 2 $490 W 3.4 Stormwater and Utility Analysis and Reporting 2 $490 p 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 m J 3.6 Critical Areas Analysis,Characterization,and Reporting $0 U 3.7 Disc Golf Suitability Assessment $0 3.8 Sports Field Suitability Assessment 8 3 3 $2,740 t 3.9 Code and Other Regulatory Considerations $0 3 Subtotal: 14 3 3 $4,210 4.0 PROGRAMMING m 4.1 Opportunities and Constraints Analysis 4 $980 E 4.2 Criteria Selection 2 $490 aEi 1.3 Evaluate Options 4 $980 i 4.4 Draft Program Statement 2 $490 Q 4.5 Final Program Statement 1 $245 u tota: 13 1 0 1 0 $3,185CD M 5.0 CONCEPTUAL ALTERNATIVES rn 5.1 Conceptual Alternative Development 4 2 2 $1,500 5.2 Final Conceptual Alternative Plans 1 1 1 $505 V 5.3 Planning Level Cost Opinions 3 $735 J 5.4 Review Meetings 3 $735 ii Subtotal: 11 3 3 $3,475 -a 6.0 PREFERRED CONCEPTUAL PLAN `O 6.1 Preferred Conceptual Plan $0 y 6.2 Final Preferred Conceptual Plan $0 6.3 Planning Level Cost Opinion $0 6.4 Review Meetings $0 (D Subtotal: 0 0 0 $0 v Subtotal 38 16 6 $10,870.00 Direct Expenses: 3 TOTAL:11 $10,870.00 m E a� a� L Q V co N C O V C N E t v cC Q Packet Pg. 42 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 edits by CR 2024-01-30 HouckDesign Master Designer Designer& Associate Mana er Desi er SUBTOTAL t Task SCOPE OF WORK $250.00 $125.00 $75.00 7O Z Part I - Redevelopment Planning and Design Services o 1.0 PROJECT MANAGEMENT V 1.2 City Staff and Project Partner Coordination Meetings $0 J 1.3 Team Coordination Meetings 2 2 2 $900 d 1.8 Invoicing $0 ubtotal: 2 2 2 $900 2.0 PUBLIC OUTREACH Y Subtotal: 0 1 0 1 0 $0 3.0 SITE INVENTORY AND ANALYSIS -0 3.1 Data/Document Review $0 a0i 3.5 Site Reconnaissance 3 3 3 $1,350 J 3.3 Comprehensive Site Analysis 3.4 Stormwater and Utility Analysis and Reporting $0 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 3.6 Critical Areas Analysis,Characterization,and Reporting $0 .3 3.7 Disc Golf Suitability Assessment 4 6 1 $1,825 3.8 Sports Field Suitability Assessment $0 3.9 Code and Other Regulatory Considerations $0 E Subtotal: 7 9 4 $3,175 O 4.0 PROGRAMMING Subtotal: 0 1 0 1 0 $0 Of 5.0 CONCEPTUAL ALTERNATIVES Q 5.1 Conceptual Alternative Development $0 0 5.2 Final Conceptual Alternative Plans $0 rn 5.3 Planning Level Cost Opinions $0 5.4 Review Meetings $0 J Subtotal: 0 0 0 $0 J 6.0 PREFERRED CONCEPTUAL PLAN d Subtotal: 0 0 0 $0 - Subtotall 9 11 1 6 $4,075.00 U Direct Expenses: TOTAL: $4,075.00 0 a� Houck will be limited at this time to more analysis/suitability study than alternatives design. U t 3 r c m E a� a� L Q V co N C O V C N E t v cC Q Packet Pg. 43 9 4.D.a North Meridian Park Redevelopment Projecl Fee Derivation January 2024 edits by CR 2024-01-30 C R Stantec Consulting Services, Inc. `a Electrical Project Admin 1 -Project Admin 2-Project Manager Controls Support SUBTOTAL Task P=SCOPE OF WO 1 $230.00 $198.00 $150.00 t Part I - Redevelopment Planning and Design Services Z 1.0 PROJECT MANAGEMENT L 1.2 City Staff and Project Partner Coordination Meetings $0 w 1.3 Team Coordination Meetings $0 J 1.8 Invoicing $0 J Subtotal: 0 0 0 $0 d 2.0 PUBLIC OUTREACH - Subtotal: 0 1 0 1 0 $0 C 3.0 SITE INVENTORY AND ANALYSIS v 3.1 Data/Document Review $0 d 3.2 Site Reconnaissance $0 3.3 Comprehensive Site Analysis $0 C 3.4 Stormwater and UtilityAnalysis and Reporting $0 y 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 J t� 3.6 Critical Areas Analysis,Characterization,and Reporting $0 O 3.7 Disc Golf Suitability Assessment 1 1 $0 3.8 Sports Field Suitability Assessment $0 r 3.9 Code and Other Regulatory Considerations $0 3 Subtotal: 0 0 0 $0 -W 4.0 PROGRAMMING Subtotal: 0 0 0 $0 O 5.0 CONCEPTUAL ALTERNATIVES 5.1 Conceptual Alternative Development $0 5.2 Final Conceptual Alternative Plans $0 i 5.3 Planning Level Cost Opinions $0 5.4 Review Meetings $0 Q Subtotal: 0 0 0 $0 �y 6.0 PREFERRED CONCEPTUAL PLAN 6.1 Preferred Conceptual Plan $0 6.2 Final Preferred Conceptual Plan $0 t) 6.3 Planning Level Cost Opinion $0 J 6.4 Review Meetings $0 J Subtotal: 0 0 0 $0 a Subtotal 0 0 0 $0.00 T L Direct Expenses: TOTAL: $0.00 O a� c� z 3 c as E m as L Q to O 2 N W C O r 7 to C O U c d E t v R Q Packet Pg. 44 t 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 Herrera Environmental Consultants r E$224.00 ct Project OA/OC Word Senior Junior GIS 3 M. er Accountant Processin Biologist Biologist SUBTOTAL C Task SCOPE OF WORK Pq $174.00 $294.00 $145.00 1 $203.00 $116.00 $145.00 O E Part I - Redevelopment Planning and Design Services m 1.0 PROJECT MANAGEMENT 0 1.2 City Staff and Project Partner Coordination Meetings 5 $1,120 Q 1.3 Team Coordination Meetings 4 2 $1,302 1.8 Invoicing 4 7 1 $2,114 CV) ubtotal: 13 7 0 0 2 0 $4,536 M 2.0 PUBLIC OUTREACH .. Subtotal: 0 0 0 0 0 $0 V J 3.0 SITE INVENTORY AND ANALYSIS J 3.1 Data/Document Review 3 $672 d 3.5 Site Reconnaissance 2 10 8 2 $3,696 3.3 Comprehensive Site Analysis 4 2 $1,186 O v 3.4 Stormwater and Utility Analysis and Reporting $0 a� 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 3.6 Critical Areas Analysis,Characterization,and Reporting 4 1 5 18 4 $6,149 0 O 3.7 Disc Golf Suitability Assessment $0 _d 3.8 Sports Field Suitability Assessment $0 v O 3.9 Code and Other Regulatory Considerations 2 2 2 $1,086 Subtotal: 15 0 1 5 30 10 8 $12,789 t 4.0 PROGRAMMING 3 ubtotal: 0 0 0 0 0 $0 +, 5.0 CONCEPTUAL ALTERNATIVES a� Subtotal 0 1 0 1 0 1 0 1 1 0 $0 E 6.0 PREFERRED CONCEPTUAL PLAN y Subtotal 0 0 0 0 0 $0 `3) Subtotall 28 7 1 5 8 17325 Q rn Direct Expenses: $304 _U TOTAL: $17,629 s' m Cn �a r 3 N C O U c m E t U O r Q Packet Pg. 45 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 edits by CR 2024-01-30 ca HWA GeoSciences Inc. Rp ffGeotechnical Geotechnical Contracts En ineer III Geologist III CAD Administration SUBTOTALTask SCOPE OF WORK $155.00 1 $140.00 1$155.001 $165.00 O Part I - Redevelopment Planning and Design Services Z 1.0 PROJECT MANAGEMENT w 1.2 City Staff and Project Partner Coordination Meetings $0 J 1.3 Team Coordination Meetings $0 J 1.8 Invoicing $0 d ubtotal: 0 0 0 0 1 0 $0 -6 L 2.0 PUBLIC OUTREACH Y Subtotal: 0 0 0 0 0 $0 v 3.0 SITE INVENTORY AND ANALYSIS 3.1 Data/Document Review $0 -a 3.5 Site Reconnaissance $0 O 3.3 Comprehensive Site Analysis $0 J 3.4 Stormwater and Utility Analysis and Reporting $0 U 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 3.6 Critical Areas Analysis,Characterization,and Reporting $0 r 3.7 Disc Golf Suitability Assessment $0 3 3.8 Sports Field Suitability Assessment $0 �. 3.9 Code and Other Regulatory Considerations $0 E�u tota: 0 0 0 0 0 $0 E 4.0 PROGRAMMING E Subtotal 0 1 0 1 0 1 0 1 0 $0 y 5.0 CONCEPTUAL ALTERNATIVES Subtotal 0 1 0 1 0 1 0 1 0 $0 Q 6.0 PREFERRED CONCEPTUAL PLAN M Subtotal 0 1 0 1 0 1 0 1 0 $0 c Os Subtotall 0 0 1 0 1 0 1 0 $0.00 Direct Expenses: J TOTAL: $0.00 a L O V N� O 2 V C� G Y 3 r c m E a� a� L Q V co N C O V C N E t v cC Q Packet Pg. 46 9 4.D.a North Meridian Park Redevelopment Project Fee Derivation January 2024 PACE Engineers GIS Tech SUBTOTAL t Task SCOPE OF WORK $120.00 O Part I - Redevelopment Planning and Design Services 1.0 PROJECT MANAGEMENT 12 Subtotal 0 1 0 1 0 $0 V J 2.0 PUBLIC OUTREACH J Subtotal: 0 1 0 1 0 $0 a. 3.0 SITE INVENTORY AND ANALYSIS O 3.1 Data/Document Review $0 �c Planning Level Base Map 8 $960 3.5 Site Reconnaissance $0 W 3.3 Comprehensive Site Analysis $0 p 3.4 Stormwater and Utility Analysis and Reporting $0 m J 3.5 Frontage Imp./Boundary Encroach Analysis/Reporting $0 U 3.6 Critical Areas Analysis,Characterization,and Reporting $0 3.7 Disc Golf Suitability Assessment $0 t 3.8 Sports Field Suitability Assessment $0 3 3.9 Code and Other Regulatory Considerations $0 Subtotal: 8 $960 O 4.0 PROGRAMMING E Subtotal: I 10 $0 E 5.0 CONCEPTUAL ALTERNATIVES i Subtotal: I 10 $0 Q 6.0 PREFERRED CONCEPTUAL PLAN Subtotal: 0 $0 c Subtotal 8 $960.00 M Direct Expenses:11 v TOTAL11 $960.00 � a L O V N� O W V C� G Y 3 r c m E a� a� L Q V co N C O V C N E t v cC Q Packet Pg. 47 9 • . • • . • • rill hj + M.: fir= X t, 4 'y+`• ; r• NO V yy _ .K' _ +h' • Jp y � ti 4t Ir pq o- { 'y ' rg�y kps r ry �' } � ? `'fir •: # �� i � - _��F'�S •�� r. } � 1ST 3� IL A pM.. — ,,y}et' � "i+l � + N f. ��• .i .• r• t: � 'ram,, � r. r dh 44 h -�w _ I r .*dI LIiW k „Y VEr -06 �w k r r FL& } AM1 ,. • ■ a .0 ■ ' • • • a • • — , _ 4.D.a c r- _ Z - O wig - - ��. _ it • ..�, f'` ` '•; ;:� IN CIO Awl _ PIP Z,JL- a t V + Y sty�►- iT- cc CD V O r Q Packet Pg. 49 4.D.a c ca Exhibit B •L Insurance Requirements Insurance ° z L W The Consultant shall procure and maintain for the duration of the J Agreement, insurance against claims for injuries to persons or damage to a property which may arise from or in connection with the performance of the -a work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance 0 U Consultant shall obtain insurance of the types described below: ILI Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover E liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, a and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate CD Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the a City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general U aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall 0 p Y p J 9 be twice the required occurrence limit. U The Consultant may use Umbrella or Excess Policies to provide the 3 liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall E provide all the insurance coverages herein required. The Umbrella or i Excess policies shall be provided on a true "following form" or broader a coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. it co 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 o and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability E a Packet Pg. 50 4.D.a c ca coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Professional Liability or Errors & Omissions insurance appropriate to Z the Consultant's profession. w U J Workers' Compensation coverage for the employees of Consultant and a subcontractors as required by the Industrial Insurance laws of the -a State of Washington. B. Minimum Amounts of Insurance 0 0 J Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no 3 less than $2,000,000 per occurrence, and $2,000,000 products- completed operations aggregate limit. E Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. a Automobile Liability insurance with a minimum combined single limit CD for bodily injury and property damage of $1,000,000 per occurrence. U J Professional Liability or Errors & Omissions insurance shall be written a with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. U If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the U broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits 3 of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. E L C. Other Insurance Provisions a The insurance policies are to contain, or be endorsed to contain, the following provisions: co 1. The Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or o insurance pool coverage maintained by the City shall be in U excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. E a Packet Pg. 51 4.D.a c to •L 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's Z insurance policy shall include an endorsement that provides the w City with written notice of cancellation forty-five (45) days J before the effective date of the cancellation. If Consultant's a insurer fails to provide the City with a copy of the notice of -a cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. o N J 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the 3 endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the E right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall a also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is CD brought, except with respect to the limits of the insurer's liability. J d D. Acceptability of Insurers O U aD Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 0 0 W U M E. Verification of Coverage 2 3 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the E additional insured endorsement, evidencing the insurance requirements of i the Consultant before commencement of the work. The City waives no a rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a it Primary Non-Contributory Additional Insured. CO F. Subcontractors N C O Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. E a Packet Pg. 52 4.D.a c R All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. 0 z I.- 0 U J J d L 0 V d 0 0 J V R L r C d E E 0 L Q M 0 M U J J d L 0 V N� 0 V C� G L Q V L vJ r 0 U r c a� E t R Q Packet Pg. 53 4.E PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Agreement with AHBL, Inc. for Campus Park Planning and Design— Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with AHBL, Inc. subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In November of 2023 AHBL, Inc. was selected through a competitive Request for Qualification process for planning and design services for the redevelopment of Campus Park. Improvements to the park may include new walking paths, accessible children's play area, nature play, and a partnership with the Kent School District to develop joint-use athletic facilities. With approval of this contract, the project will proceed into planning and community engagement in the summer of 2024 with pop-up events, open house meetings, and robust online engagement through EngageKentParks.com. BUDGET IMPACT: $107,713 paid from the Parks Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Consutant Services Agreement with AHBL, Inc. - Campus Park Design (PDF) Packet Pg. 54 EXHIBIT A KENT WAS H I.G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and a L AHBL Inc. a. CL THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter co E the "City"), and AHBL Inc. organized under the laws of the State of Washington, located and doing business c_ at 1200 6th Avenue, Suite 1620, Seattle WA 98101 (hereinafter the "Consultant"). ° J m I. DESCRIPTION OF WORK. Q The Consultant shall perform the following services for the City in accordance with the following 3 described plans and/or specifications: a� E m As described in the attached Exhibit A, incorporated herein, the consultant shall provide design a, services for Campus Park. Q N O M C .21 The Consultant further represents that the services furnished under this Agreement will be performed o in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. a II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the v work described in Section I by December 31, 2024. , ti III. COMPENSATION. J m A. The City shall pay the Consultant, based on time and materials, an amount not to exceed a $107,713.00, for the services described in this Agreement. This is the maximum amount to z be paid under this Agreement for the work described in Section I above, and shall not be 3 exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) w for a period of one (1) year from the effective date of this Agreement. The Consultant's billing W rates shall be as delineated in Exhibit A. Q m B. The Consultant shall submit monthly payment invoices to the City for work performed, and a U final bill upon completion of all services described in this Agreement. The City shall provide in payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that a portion of the invoice not in dispute. In that event, the parties will immediately make every N effort to settle the disputed portion. o U C. Card Payment Program. The Consultant may elect to participate in automated credit card c payments provided for by the City and its financial institution. This Program is provided as an E alternative to payment by check and is available for the convenience of the Consultant. If the U Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 55 4.E.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. a� IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- •S Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in r- accordance with Ch. 51.08 RCW, the parties make the following representations: a L A. The Consultant 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. 3 a B. The Consultant maintains and pays for its own place of business from which the M Consultant's services under this Agreement will be performed. v L 0 C. The Consultant has an established and independent business that is eligible for a m business deduction for federal income tax purposes that existed before the City Q retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that 3 involved under this Agreement. a� D. The Consultant is responsible for filing as they become due all necessary tax m documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. Q N E. The Consultant 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 Consultant's business, and has obtained a Unified Business Identifier (UBI) number a, from the State of Washington. 0 F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. a V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of v this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal S exposure to the Consultant. m x a VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, 3 or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or � delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing a state or national declarations of emergency, or any current social distancing restrictions or personal N protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. m N If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in 5 performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. a E Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City u shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. a CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 56 4.E.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. a� If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site a arising from a direction by the City under this clause will be dealt with as a change order, except to the Y extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its a obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be 3 borne by the Consultant. E M VII. DISCRIMINATION. In the hiring of employees for the performance of work under this v L Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the ,° Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national m origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who = is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative 3 Policy 1.2. a� VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, 0 officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's Q performance of this Agreement, except for that portion of the injuries and damages caused by the City's cN negligence. M The City's inspection or acceptance of any of the Consultant's work when completed shall not be a, grounds to avoid any of these covenants of indemnification. 0 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property a caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, 3 employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's v negligence. ti c IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL m INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES = a FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 3 In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal N on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. in r c IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. c 0 X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under CD this Agreement. E z U XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and a CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 57 4.E.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by a anyone other than the Consultant on any other project shall be without liability or legal exposure to the Y Consultant. a f XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of cL inspection to secure satisfactory completion. ° J m XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary Q 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 3 be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E m XIV. MISCELLANEOUS PROVISIONS. a A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price M preference may be available for any designated recycled product. c B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the F 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. a C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and Q' E construed in accordance with the laws of the State of Washington. If the parties are unable to settle any v dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in — writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the m parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred a 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 3 right to indemnification under Section VIII of this Agreement. m E D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a�a) the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written a notice hereunder shall become effective three (3) business days after the date of mailing by registered or N 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. m N E. Assignment. Any assignment of this Agreement by either party without the written consent r c of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c without additional written consent. o U F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the E Consultant. U r Q CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 58 4.E.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. a L H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal a laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's 3 business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. v L I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to 40 the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, m emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may Q be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties 3 and obligations under the Public Records Act. a� J. City Business License Required. Prior to commencing the tasks described in Section I, m Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. Q N O .21 C N N Y L a. U) Q E M U ti J m 2 Q t 3 r c m E as a� L Q V N r Y 0 U c CD E t U r Q CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 59 4.E.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page •S to the other by fax or email and that signature shall have the same force and effect as if the Agreement c bearing the original signature was received in person. a I L IN WITNESS, the parties below execute this Agreement, which shall become effective on a the last date entered below. All acts consistent with the authority of this Agreement and prior 3 to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. U L 0 CONSULTANT: CITY OF KENT: m x Q t r By: By: 3 c Print Name: Print Name: Dana Ralph E m Its Its Mayor Q DATE: DATE: 04 0 rn M NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: a� a� CONSULTANT: CITY OF KENT: Y L fC Craig Skipton Kerry O'Connor a AHBL Inc. City of Kent a 1200 6th Avenue, Suite 1620 220 Fourth Avenue South E Seattle, WA 98101 Kent, WA 98032 cc (206) 658-2663 (telephone) (253) 856-5115 (telephone) cskipton@ahbl.com (email) koconnor@kentwa.gov (email) S m x a APPROVED AS TO FORM: r c m E Kent Law Department L ATTEST: Q m L v! Kent City Clerk R [In this field,you may enter the electronic filepath where the contract has been saved] ++ 3 N C 0 U c E t c.� r Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 60 4.E.a DECLARATION a� c CITY OF KENT NON-DISCRIMINATION POLICY c c a The City of Kent (City) is committed to conform to Federal and State laws regarding equal a opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who u) perform work with relation to this Agreement shall comply with the regulations of the City's equal 2. employment opportunity policies. M U L The City of Kent and its contractors are subject to and will comply with the following: ° J m • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. Q 252), (prohibits discrimination on the basis of race, color, national origin); 3 • 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 E Rights Act Of 1964); ;v a • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement o of Title VI of the Civil Rights Act of 1964). M c • Ch. 49.60 RCW (Washington Law Against Discrimination) .N a� 0 The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and a Regulations". 3 Q. The following statements specifically identify the requirements the City deems necessary for any m contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of U all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined J below, it will be considered a breach of contract and it will be at the City's sole determination = regarding suspension or termination for all or part of the Agreement. a The statements are as follows: 3 a� 1. I have read the attached City of Kent administrative policy number 1.2. a� L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement in to all new employees and subcontractors indicating commitment as an equal opportunity employer. c 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and L) promotion of women and minorities. CD E 5. During the performance of this contract, the contractor, for itself, its assignees, and U successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 61 4.E.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted c programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they Y may be amended from time to time, which are herein incorporated by reference a and made a part of this contract. a B. Non-discrimination: The contractor, with regard to the work performed by it M during the contract, will not discriminate on the grounds of race, color, or national o origin in the selection and retention of subcontractors, including procurements of J materials and leases of equipment. The contractor will not participate directly or = indirectly in the discrimination prohibited by the Acts and the Regulations, including Q employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3 as C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including Q procurements of materials, or leases of equipment, each potential subcontractor or o supplier will be notified by the contractor of the contractor's obligations under this M contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. ' a� 0 D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will a permit access to its books, records, accounts, other sources of information, and its Q facilities as may be determined applicable to contractor's contract by the City or the E Washington State Department of Transportation to be pertinent to ascertain U compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the m Washington State Department of Transportation, as appropriate, and will set forth a what efforts it has made to obtain the information. 3 E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract E sanctions as it or the Washington State Department of Transportation may a determine to be appropriate, including, but not limited to: a a� a. withholding payments to the contractor under the contract until the contractor complies; and/or in b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of L) materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to E any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 62 4.E.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. c �a 6. During the performance of this contract, the contractor, for itself, its assignees, and Y successors in interest agrees to comply with the following non-discrimination statutes and a authorities; including but not limited to: a E Pertinent Non-Discrimination Authorities: 0 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 Q 21. 3 ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose E property has been acquired because of Federal or Federal-aid programs and (Pu projects); Q iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination o on the basis of sex); M iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, a� (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); a vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as 3 amended, (prohibits discrimination based on race, creed, color, national origin, or cc sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by m expanding the definition of the terms "programs or activities" to include all of the a programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities a (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; L ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) r (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority ) c Populations and Low-Income Populations, which ensures Non-discrimination against 0 minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 63 4.E.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure c compliance with Title VI, you must take reasonable steps to ensure that LEP persons a have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); a 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 N seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) L 7. The submission of the final invoice for this contract will constitute a reaffirmation that the ° J preceding statements were complied with during the course of the contract's performance. _ Q By signing below, I agree to fulfill the five requirements referenced above. r 3 c aD By: L For: Q N O Title: c Date: a� 0 Y i fC d N 3 Q E R U ci J m 2 a r E L Q V L v! R U c E t c.� r Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 64 4.E.a CITY OF KENT ADMINISTRATIVE POLICY a� c .E c NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 Y L a. Q E M SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 1- `0 4- J APPROVED BY Dana Ralph, Mayor = a POLICY: r 3 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, if holding Agreements with the City amounting to $10,000 or more within any given year, must Q take the following affirmative steps: o a� M 1. Provide a written statement to all new employees and subcontractors indicating r commitment as an equal opportunity employer. .N a� 0 2. Actively consider for promotion and advancement available minorities and women. Y a Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the ; City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. U Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. _ Q Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public 3 Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. a� 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a regulations are familiar with the regulations and the City's equal employment opportunity policy. a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. c c 0 U c CD E t U r Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 65 Exhibit A c Campus Park Improvements Project a L SCOPE OF WORK a February 8, 2024 3 a E M Thank you for the opportunity to submit this scope of work for the Campus Park Improvements v L Project. ,o J Our understanding of the project scope is based on our pursuit of the project during the request for = proposals phase, interview conversations, and coordination with you. Q r Based on our conversations, we understand the first phase of the project will include four main 3 tasks of work, including: E Task 0— Project Management m a� Task 1 —Site Investigation and Analysis Q N O Task 2— Park Programming and Community Engagement c Task 3—Concept Plans .N a� To complete these work tasks, we have a project team supporting our efforts to provide Kent Parks with comprehensive information to continue moving this project forward. Also, based on our conversations, we have included an updated project timeline that outlines our dates with milestones a to accomplish the phased work. Our updated schedule estimates a nine-month timeline to be efficient with time and resources. Q' E M Our scope of work is based on the following understanding of Kent Parks' responsibilities: v Li • Generate and manage a stakeholder list of individuals and organizations. S J m • Provide the AHBL team with previous meeting minutes and attendee lists related to any = previous planning work done for Campus Park. z 3 • Provide AHBL team with previous studies, current PROS plan, GIS materials, shared use agreements, critical areas report, current wetland delineation reports, as-builts, and other relevant data related to the Campus Park for AHBL to compile a base map and perform site analysis studies. Q • Identified project deliverables shall be submitted to the Parks Project Manager. The Parks Project Manager will coordinate the distribution of advanced materials to Parks staff. Unless otherwise noted, deliverables will be one electronic copy. Parks is responsible for additional reprographics and distribution of the deliverables. N r c ca • Implement community engagement plan, solicit and collect community input and convey it to the design team. c 0 U This contract will include the following tasks: m E z U 0 r Q Campus Park Improvements Project [Bloom ©QD Page 1 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 66 4.E.a a� c Task 0: Project Management c FL Objectives Y a Keep the project team updated on the progress of the project. a Sub-Tasks M U L 1. Monthly conference calls with Parks staff to ensure the project stays on schedule. ,0 J We will participate in monthly video conference calls for the purpose of keeping the project = team apprised of the project schedule and discussing approaching items. Q r 2. Project team coordination. 3 a� We will coordinate with the consultant team and keep them on task throughout the project. E m L 3. Develop and maintain the project schedule. a We will prepare and keep updated a project schedule that documents the progress made on the o project from contract authorization through Concept Plans. c 4. Monthly project summaries and invoicing. N a) We will prepare a monthly billing statement that includes a memorandum summarizing the work a completed during the previous month, depicting the current billing by hours and task, the percentage of the contract scope that has been completed to date, and the percentage of the a budget that has been expended to date by task. Q. E Deliverables &Assumptions 1° U • Monthly project coordination meeting participation. • Monthly invoices and project progress memos. • Project schedule updated every month and distributed to the project team if changed. m x Q Task 1: Site Investigation and Analysis 3 r Objectives m E a� Initiate the project with stakeholders, establish communication protocols, define measures of success, prepare site base, and conduct site analysis. a m Sub-Tasks m 1. Project Kick-Off Meeting/Work Session: r c ca Host one project kickoff meeting with the project Kent Parks staff, Kent School District staff, and N members of the Campus Parks user groups. During this meeting, we will determine the Parks' o priorities for the Campus Park Improvements Project. We will also identify a focus group of key U staff and stakeholders to be included and updated throughout the master planning process. m E z U r Q Campus Park Improvements Project [Bloom ©QQ Page 2 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 67 4.E.a a� c 2. Kent Parks and KSD Staff Interviews: c As part of this phase, AHBL will host several interviews with identified Parks and Kent School Y District staff. c`a a Our team will meet with staff members to discuss modifications and updates; identify a deficiencies, maintenance and safety issues and concerns, and renovation goals and E parameters; and to develop park and adjacent site priorities to address throughout the U development process. o 4- J 3. Site Investigation and Analysis: _ a To get a better understanding of Campus Park, we will coordinate the delineation of any r wetlands/streams in the park, conduct reconnaissance of significant trees, review preliminary 3 ratings for buffers, and create a GIS map of identified features. a� Using this new information and any existing site surveys and other GIS information, combined with any additional available information from Parks, AHBL will compile a host of base maps for Campus Park and the areas around the park. These maps will help in the understanding of Q developable park areas and areas that are restricted for development. CN 0 rn Additionally, the team will research surrounding developments, land use classifications, and potential nearby park user populations to better understand the neighborhood and connectivity with future plans, e.g., Transportation Master Plan, Parks, and Open Space Plan. Also, we will research the surrounding areas for future developments and population growth projections in p the area, including the future of Kent-Meridian High School Campus. a Our civil engineering group will perform research of current stormwater codes and regulations, u, availability and proximity of utilities, and review of existing stormwater infrastructure Q. E ca Lastly, we will collect relevant site data to inform future park development, including prevailing t� winds, sun and shading, sound mapping, slopes and elevations, critical adjacencies, stormwater system functioning, and any programming or significant events held on-site or c adjacent on the high school campus. m Deliverables &Assumptions a z • Meeting notes from Kent Parks and KSD staff interviews. 3 • Site base maps. c ➢ Land use summary plan E ➢ Neighborhood growth projections ➢ Transportation connectivity ➢ Site and neighborhood analysis summary. Q ➢ Critical areas summary • LIDAR site topographic survey. m Task 2: Park Programming and Community Engagement Objectives o U This task will initiate the community engagement process and develop initial park programming options that will then guide concept design. m E z U r Q Campus Park Improvements Project Q©Q Q Page 3 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 68 4.E.a a� c Sub-Tasks c 1. Meaningful and Inclusive Engagement Y L a. Meet with Parks staff and develop an initial public engagement plan to create a a meaningful and inclusive engagement process. a E i. Goals of engagement process: M U L (1) Remove personal biases, 0 J m (2) Build trust with groups, _ a (3) Create a welcoming atmosphere, and 3 (4) Increase accessibility for all. am b. AHBL and Parks staff will co-prepare a questionnaire for use on the Engage Kent website, distribute to adjacent apartment complexes and organizations, neighboring Q schools, and community events. N 0 rn C. Develop the Program with Kent Parks Reviews c The AHBL team will prepare a shortlist of program elements to consider in developing .N conceptual plan options. This shortlist of program elements will guide the site planning effort. Kent Parks staff will review and provide input to generate a refined list of program elements. a 2. Translation Services 3 Q. E a. Research local businesses and/or organizations to find a community member(s)to hire U for translation services. ti c b. Translate engagement materials into the top five languages in the surrounding community. m x 3. Engage with Students at Kent-Meridian High School Q z a. Coordinate with KSD and Kent-Meridian teaching staff members to engage one or two 3 r classes (Civics) or a student club (Environment)to present the Campus Park project to students, hear about their experiences at the park, and workshop ideas they have for aEi the future development of the park. Q i. AHBL and Kent Parks staff will co-host these on-site events or in classrooms. v, m ii. Create relationships with students to get students to fully engage in design workshops. v� r c iii. Engaging students through a personalized, hands-on activity that begins to create programming elements into a harmonized design. 0 iv. Begin a future stewardship interest. U c m b. Create summary documents from this engagement effort to share back to students and the E community. U 0 r Q Campus Park Improvements Project [Bloom ©QQ Page 4 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 69 4.E.a a� c 4. Nearby Community Engagement a. Public/Stakeholder Engagement- Session 1 Y L With the initial program list from Kent Parks, KSD, and student engagement, AHBL will a. co-host the first engagement event to gather public input for the future of Campus a Park. We will review site opportunities and constraints, review the program elements, E and document the community's general needs and desires. U L b. Concept Plan Options with Kent Parks Review J m We will generate a minimum of three conceptual site plan concepts to cover a diverse = a array of possibilities and opportunities. We will also prepare revised character image r boards, conceptual site models, and a conceptual rough order of magnitude cost for 3 each concept. We will present these materials to Kent Parks staff initially for review and comment. E m C. Public Engagement/Stakeholder- Session 2 L a� a After updating the concepts with staff comments, we will co-host the second N engagement event, to present the refined conceptual plans to the community through rn an open house format or at or concurrent community event. c Deliverables &Assumptions .N a� 0 • The AHBL team will provide a written summary and schedule of the public engagement L plan. a • The AHBL team will design up to four boards for public meetings to reflect the public Q. participation process, concept designs, and schedule. Boards will be formatted to ensure M U consistency and clarity. ti • Parks will print all handouts, fact sheets, and other small-format meeting materials. J • Parks will utilize existing communication channels to share project information with the m x community, conduct additional engagement, and upload materials from AHBL and other Q z content related to the site. 3 r • Kent Parks will share with the AHBL team documentation and summary of public comments and questionaries received. L Q Task 3: Final Concept Plan Objectives r This task will incorporate the community engagement process and park programming options and culminate in a Preferred Alternative/ Final Concept Plan that will emerge from either a preferred design or a mix of several site options. This plan will create a vision plan for the development of 0 Campus Park and will be shared with the community. Any comments or refinement related to the U final concept will occur during the construction document phase of the project. m E z U 0 r Q Campus Park Improvements Project [Bloom ©QQ Page 5 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 70 4.E.a a� c Sub-Tasks c 1. Final Concept Plan Y L Prepare and present the initial final concept plan to Kent Parks, providing sufficient detail to a understand how the plan is refined from the community engagement process. Refine and a finalize the plan for the final concept plan. E M The concept plan will also identify and show proposed infrastructure and stormwater o improvements, as needed and required by local jurisdictions. 4- J m 2. Visualization Graphics Q Prepare two site perspectives incorporating the final concept design and highlight the park's 3 redesign. a� Deliverables &Assumptions m L • Initial final concept plan a • Final Concept Plan • Visualization graphics—two perspectives rn • Site development/stormwater/utilities Narrative c .N a� 0 L a. Q E M U Li J m 2 Q t 3 r c m E as a� L Q V N r Y 0 U c m E t U 0 r Q Campus Park Improvements Project [Bloom ©QQ Page 6 Scope of Work Version:2/8/2024 AHBL No.2230272 Packet Pg. 71 4.E.a r c a� E O aD L Q N O O M C Campus Park Fee Proposal Summary Summary By Task T 0 1 2 3 p AHBL $75,740 $8,650 $19,920 $34,015 $13,155 L Subconsultant-Sound View Consultants $7,245 $0 $7,245 $0 $0 a- Subconsultant- Keith Lionette $5,750 $0 $0 $5,750 $0 a Subconsultant- DCW $12,478 $0 $0 $6,440 $6,038 E Subconsultant-Translation Services $5,750 $0 $0 $5,750 $0 v d c J Services Subtotal (Tasks 0-4) $106,963 $8,650 $27,165 $51,955 $19,193 m Reimbursable Expenses Subtotal (Task 90) $750 Q t SUBTOTAL(Tasks 1-11 &90) $107,713 3 c aD E m m L Q N GRAND TOTAL $107,713 a� Cn c w 3 to C O U c a� E t R r a Budget Summary Campus Park Improvements Project AHBL No.2230780 1 of 5 Packet Pg. 72 4.E.a r c a� E a� a� L Q N O On M C IM Task 0:Project Management ayi AHBL SUBCONSULTANTS i fC Sub-Tasks CS KK MS XX XX DN TD XX LK d PR/DR Senior LA LA 1/2/PM Designer 3 Designer 2/1 Civil PR Civil Eng PM Civil Eng Tech Editor Sound View Keith Lionette DCW to 7 $ 185 $ 160 $ 145 $ 125 $ 115 $ 260 $ 205 $ 160 $ 120 O- 1.Monthly conference calls(2 hr/month) 4 2 16 8 E M 2.Project team coordination 1 8 U 3.Develop&maintain schedule 1 41 4 4.Monthly project summaries and invoicing 4 4 4 C J m 2 TOTALS: 10 2 32 01 16 01 01 01 01 01 0 Q TOTALS:J $1,850 $3201 $4,640 $0 $1,840 $0 $01 $0 $01 $0 $0 r AHBL Subtotal: $8,650 Sub.Subtotal: .3 a+ Subconsultants(includes 15%Markup) y Sound View $0 E Keith Lionette $0 d DCW $0 L i� a Subtotal $0 y N t) TASK 2 TOTAL BUDGET: $8,650 d c M .r 3 N C O U c a� E t v �a r a Budget Summary Campus Park Improvements Project AHBL No.2230780 2 of 5 Packet Pg. 73 4.E.a r c a� E a� a� L Q N Task 1:Site Investigation CD M_ A SUBCONSULTANTS tm Sub-Tasks CS KK MS XX XX DN TD XX LK N PR/DR Senior LA LA 1/2/PM Designer 3 Designer 2/1 Civil PR Civil Eng PM Civil Eng Tech Editor Sound View Keith Lionette DCW $ 185 $ 160 $ 145 $ 125 $ 115 $ 260 $ 205 $ 100 $ 120 Y 1.Kickoff meeting L R 1a.Meeting preparation 1 1 2 4 d 1b.Co-host and participate in meeting 2 2 2 2 2 2 N 1c.Prepare meeting summary 1 2 CL E 2.Kent Parks and KSD interviews M 2a.Conduct interviews 1 8 8 4 V 2b.Create summary document 2 4 2 V C 3.Site investigation and analysis J 3a.Critical areas work,tree assessment,buffers,LIDAR base $ 6,300 = 3b.Land use and planning review 1 2 6 8 8 4 Q 3c.Stormwater and utilities review 1 2 16 3d.Site analysis data collection 1 2 8 1 24 1 1 3 s= a� TOTALS: 6 71 30 8 52 41 241 4 0 6300 0 E TOTALS:1 $1,1101 $1,1201 $4,3501 $1,0001 $5,9801 $1,0401 $4,920 $4001 $0 $6,300 $0 t i AHBLSubtotal: $19,920 Sub.Subtotal: $6,3C Q LA $13,560 Subconsultants(includes 15%Markup) civil $5,960 y Sound View $7,245 V Keith Lionette $0 DCW $0 d Subtotal $7,245 C t4 r.+ 3 TASK 2 TOTAL BUDGET: $27,165 c O U c a� E t c� R r a Budget Summary Campus Park Improvements Project AHBL No.2230780 3 of 5 Packet Pg. 74 4.E.a r c a� E a) (D L Task 2:Park Programming and Community Engagement Q AHBL SUBCONSULTANTS N O Sub-Tasks CS KK MS XX XX DN TD XX LK O M Translation PR/DR Senior LA LA 1/2/PM Designer 3 Designer 2/1 Civil PR Civil Eng PM Civil Eng Tech Editor Sound View Keith Lionette DCW Services $ 185 $ 160 $ 145 $ 125 $ 115 $ 260 $ 205 $ 160 $ 120 P 1.Meaningful and Inclusive Engagement la.Meet with Kent Parks,Develop engagement plan 1 1 2 2 ) 1b.Prepare questionaire with Kent Parks 2 2 4 12 Y 1c.Prepare program list 1 1 1 4 1 L a 2.Translation Services $ 5,000 N 7 3.Engage with students at KMHS 3a.Meeting preparation 1 1 4 16 E 3b.Meet with one or two classes 4 4 4 4 4 V 3c.Prepare summary documents to share 1 4 C� 4.Nearby Community Engagement C 4a.Public Stakeholder engagement-Session 1 4a.1.Meeting preparation 1 1 4 12 J 4a.2.Co-host and participate in meeting 4 4 4 m 4a.3.Prepare summary of meeting 1 1 4 Q 4b.Concept Plan Options t 0.1.Generate three concept plans 1 81 4 32 1 8 $ 5,000 +� 0.1.Generate image boards 1 2 1 16 •�j 0.1.Generate ROM cost for each concept 1 1 1 1 $ 5,600 4c.Public Engagement/Stakeholder-Session 2 y 4c.1.Meeting preparation 1 1 4 16 E 4c.2.Co-host and participate in meeting 4 4 4 4 4 W 4c.3.Prepare summary of meeting 1 4 8 L TOTALS: 24 25 43 0 139 01 7 121 0 $ 1 $ 5,000 $ 5,600 $ 5,000 Q TOTALS: $4,440 $4,000 $6,235 $0 $15,985 $0 $1,435 $1,920 sol $0 $5,0001 $5,600 $5,00C to N AHBLSubtotal: $34,015 Sub.Subtotal: $15,60C ,V LA $30,660 Subconsultants(includes 15%Markup) civil $1,435 d Sound View $0 Keith Lionette $5,750 � Translation Services $5,750 DCW $6,440 3 Subtotal $17,940 N C O U TASK 2 TOTAL BUDGET: $51,955 d E t v R r a Budget Summary Campus Park Improvements Project AHBL No.2230780 4 of 5 Packet Pg. 75 4.E.a r c a� E a� a� L Q N O O M Task 3:Final Concept Plan SUBCONSULTANTS Y Sub-Tasks CS KK MS XX XX DIN TD XX LK L R PR/DR Senior LA LA 1/2/PM Designer 3 Designer 2/1 Civil PR Civil Eng PM Civil Eng Tech Editor Sound View Keith Lionette DCW d $ 185 $ 160 $ 145 $ 125 $ 115 $ 260 $ 205 $ 160 $ 120 1.Final Concept Plan C !Z 1a.Prepare intial final concept plan 1 8 4 16 1 2 4 E 1b.Review with Kent Parks 1 11 1 1 M 1c.Revise and finalize 1 2 1 16 V 1d.ROM cost estimage 1 1 1 $ 5,251 t� C 2.Visualization Graphics 2a.Prepare two site perspectives 1 2 1 32 m Q t TOTALS: 51 131 8 0 651 11 3 4 01 01 0 52; .3 TOTALS:1 $9251 $2,0801 $1,160 $0 $7,475 $260 $615 $640 $0 $01 $0 $5,2� C AHBLSubtotal: $13,155 Sub.Subtotal: $5,21 N LA $11,640 y Subconsultants(includes 15%Markup) civil $875 i Sound View $0 Q Keith Lionette $0 DCW $6,038 N d Subtotal $6,038 V Cn TASK 2 TOTAL BUDGET: $19,193 M 7 rn C O U w c a� E t v M r a Budget Summary Campus Park Improvements Project AHBL No.2230780 5 of 5 Packet Pg. 76 4.E.a r c a� Februrary March April May June July August September October November December E O Project Kick-Off Meeting/Work Session Q Kent Parks and KSD Staff Interviews CD Site Investigation and Analysis M_ Engagement Plan Ilm Web-based 4uestionaire to d Develop Preliminary Park Design Program1 L R Engage with KMHS Classes d N 3 Nearby Community Engagement Q E Public/Stakeholder Engagement-Session 1 U Conceptual Master Plan Options Li C Opinion of Probable Costs J m Public/Stakeholder Engagement-Session 2 = Q Final Concept Plan +�+ 3 Visualization Graphics C O Opinion of Probable Cost E d L Q y O V d Cn C R r•+ 3 N C O U c a� E t R r a Project Schedule Campus Park Improvements Project AHBL No.2230780 1 of 1 Packet Pg. 77 4.E.a a� Exhibit B Insurance Requirements a Insurance a The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the o work hereunder by the Consultant, their agents, representatives, employees, m or subcontractors. a A. Minimum Scope of Insurance 3 Consultant shall obtain insurance of the types described below: E L Commercial General Liability insurance shall be written on Insurance a Services Office (ISO) occurrence form CG 00 01 and shall cover o liability arising from premises, operations, independent contractors, M products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General a. Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a M substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall m be twice the required occurrence limit. a The Consultant may use Umbrella or Excess Policies to provide the 3 liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader a coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the N performance of this Agreement. This coverage must be on a primary 0 and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability E U a Packet Pg. 78 4.E.a a� coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. a Y Professional Liability or Errors & Omissions insurance appropriate to a the Consultant's profession. a E Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the o State of Washington. m x B. Minimum Amounts of Insurance r 3 Consultant shall maintain the following insurance limits: E Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, a and a $2,000,000 products-completed operations aggregate limit. o Primary Non-Contributory Additional Insured coverage for the City of M Kent, et. al. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. a Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. If the Consultant maintains broader coverage and/or higher limits than the m minimums shown above, the City requires and shall be entitled to the a broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. L C. Other Insurance Provisions a The insurance policies are to contain, or be endorsed to contain, the following provisions: r 1. The Consultant's insurance coverage shall be primary insurance y with respect to the City. Any insurance, self-insurance, or 0 insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not E contribute to the Consultant's insurance policies. r a Packet Pg. 79 4.E.a a� c .E 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days Y before the effective date of the cancellation. The Consultant's a insurance policy shall include an endorsement that provides the 3 City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's M insurer fails to provide the City with a copy of the notice of 0 cancellation endorsement, the Consultant must notify the City of m any cancellation, nonrenewal or termination within two (2) a business days of their receipt of such notice. 3 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an additional insured shall be a attached to the Certificate of Insurance. The City reserves the o right to receive a certified copy of all required insurance policies. M The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's a liability. D. Acceptability of Insurers M Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. m x E. Verification of Coverage 3 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the E additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no Q rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. N 0 U c CD E t U r Q Packet Pg. 80 4.E.a a� F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or Y shall furnish separate certificates and endorsements for each subcontractor. a All coverage for subcontractors shall be subject to all the same insurance 3 requirements as stated herein for the Consultant. U L 0 J m 2 Q t 3 c aD E m m L Q N O M C 01 N d Y L fC d N 3 Q E R U ci J m 2 a r E L Q 0 V L v! 0 R 0 O U c E t c.� r Q Packet Pg. 81 4.F PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Ordinance Authorizing Condemnation - Mill Creek Reestablishment Project - Adopt MOTION: I move to adopt Ordinance No. 4486, authorizing the condemnation of property rights necessary to construct the Mill Creek Reestablishment Project - Kent Memorial Park Reach. SUMMARY: The City must acquire property rights to construct the Mill Creek Reestablishment Project ("Project"). Mill Creek is a slow-moving urban creek channel that meanders through the Green Valley corridor. Over the years, channel sediment has accumulated, reducing creek capacity and contributing to an increase in flooding events during winter months. The floodwaters cover streets and properties, disrupting traffic and contributing to nonpoint source pollution by conveying untreated pollutants found on ground surfaces directly back to the creek. During flooding events, channel sediment is carried through the creek where it blankets native riparian vegetation and allows for non-native invasive plants to establish. The purpose of the Kent Memorial Park Reach portion of the Project is to improve creek and stormwater conveyance and flood storage capacity of the creek while also providing benefit to local ecology. Specifically, the Project will reduce the risk of local annual flooding along Mill Creek by removing channel sediments deposited by upstream erosion, thereby increasing creek capacity and allowing for City stormwater infrastructure (treatment and flow control facilities) to operate as designed. This will help keep roads open to traffic; keep businesses open; reduce risk of flooding to neighboring residences; and restore the local ecology in Mill Creek. Staff has been communicating with the impacted property owner and attempting to voluntarily negotiate the property rights needed for the Project. Because efforts to date have been unsuccessful and the City needs to maintain the schedule necessary for completion of the Project, condemnation proceedings may become necessary. Having the condemnation ordinance in place at this time will reduce the time required to file condemnation proceedings later should it become necessary. As required by state law, notice of Council's anticipated consideration of the ordinance was mailed to the affected property owner on January 24, 2024. Notice Packet Pg. 82 4.F has also been published in the Kent Reporter. BUDGET IMPACT: Property acquisition will be paid out of the project 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. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Condemnation JingNa Property - Ordinance (PDF) 2. Condemnation JingNa Property - Notice Letters (PDF) Packet Pg. 83 4.F.a m 'o L IL r c m E N r ORDINANCE NO. 4486 a as as as �L♦ V AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the , acquisition by eminent domain of real property c needed for the construction of the Kent Memorial a Park Reach of the Mill Creek Reestablishment E Project. This ordinance provides for the condemnation, appropriation, taking, and damaging 0 of real property necessary for that project and provides for the payment thereof out of the Mill N Creek Reestablishment Project (Fund No. D20086). o This ordinance also directs the City Attorney to prosecute the appropriate legal condemnation a proceedings in King County Superior Court, to retain any legal counsel required, and to enter into settlements, stipulations, or other agreements as may be necessary. o 0 rn M RECITALS c c A. Mill Creek is a slow-moving urban creek channel that meanders o through the Green Valley corridor, including the City of Kent. Over the years, channel sediment has accumulated, reducing creek capacity and c L contributing to an increase in flooding events during winter months when z precipitation levels are at their highest. Annually, Mill Creek overtops and floods roads and properties, directly affecting businesses and residences c adjacent to the creek. The floodwaters cover streets and properties, disrupting traffic and contributing to nonpoint source pollution by conveying c untreated pollutants found on ground surfaces directly back to the creek. 0 a� 1 Condemnation Ordinance - Mill Creek Reestablishment r (JingNa Property) Q Packet Pg. 84 4.F.a During flooding events, channel sediment is carried through the creek where 0 it blankets native riparian vegetation and allows for non-native invasive a` r plants to establish. B. The purpose of the Kent Memorial Park Reach portion of the n Mill Creek Reestablishment Project (the "Project") is to improve creek and r N N stormwater conveyance and flood storage capacity while also providing benefit to the local ecology. Specifically, the Project will reduce the risk of L local annual flooding along Mill Creek by removing channel sediments U deposited by upstream erosion, thereby increasing creek capacity and 0 allowing for city stormwater infrastructure (treatment and flow control , facilities) to operate as designed. This will help keep roads open to traffic; E as keep businesses open; reduce risk of flooding to neighboring residences; c and restore the local ecology in Mill Creek. C. To complete the Project, the City must acquire certain property :L 0 rights on property located at 1008 Central Ave. N. (King County Tax Parcel E a No. 132204-9131), generally referred to in this ordinance as the "Property". � These property rights are necessary for the construction of the Project and ongoing maintenance of the Kent Memorial Reach of Mill Creek. p D. City Staff will continue their efforts to acquire the property o M rights necessary for this public use by negotiation and settlement a� agreements; however, timing is critical due to the ongoing annual flood risk c impacts from high-water events in Mill Creek, seasonal construction windows, and Project construction costs that continue to rise due to an 0 increase in property values and inflation. a 0 E. If the necessary property rights cannot be acquired through a 0 negotiations, it is essential that the City be prepared to initiate ai condemnation proceedings so that the Project can be timely constructed and the public use achieved. ° c F. Prior to Council's action on this ordinance, the City provided the E requisite notice to the Property owners in the manner provided for in RCW 0 U 8.12.005 and RCW 8.25.290. c as 2 Condemnation Ordinance - Mill Creek Reestablishment r (JingNa Property) Q Packet Pg. 85 4.F.a G. The public use and necessity require that the property and 0 property rights identified within this ordinance be condemned, appropriated, a r and taken for public use by the City for such purposes as it may now or later declare in the public interest. r N NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a� a� L U ORDINANCE c 0 SECTION 1, - Public Use and Necessity Declared. After receiving E aD the report of City staff, and after reviewing the planned improvements for c the Kent Memorial Reach of the Mill Creek Reestablishment Project U, c ("Project"), the City Council finds and declares that the public convenience, L 0 use, health, safety, and necessity demand that the City of Kent condemn, a appropriate, take, and damage certain real property located in King County, c Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary o appurtenances. The property rights to be acquired are legally described in o Exhibits A and A-1; and B and B-1 ("the Property"). The precise scope of a� the taking may change if engineering requires modification of present plans, c and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts 0 necessary to complete the construction, improvement, alteration, a 0 maintenance, reconstruction, and restoration of the Project, and any other a 0 municipal purpose that may be necessary from time to time on the Z Property. c 0 r 0 c SECTION 2, - Condemnation Authorized. The City Council E authorizes the acquisition by condemnation of all or a portion of the o U Property as may be necessary for the construction, improvement, r- aD 3 Condemnation Ordinance - Mill Creek Reestablishment r (JingNa Property) Q Packet Pg. 86 4.F.a alteration, maintenance, and reconstruction of the Project, together with all 0 necessary appurtenances and related work to make a complete a r improvement according to City standards. SECTION 3. - Condemnation Procedures and Proceedings. The City r N shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just L compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. 0 r SECTION 4, - Project Fund. The City shall pay for the entire cost of E aD the acquisition of a portion of Property by condemnation through the City's c "Mill Creek Reestablishment" fund (Fund No. D20086) or from any of the U, c City's storm and surface water utility funds, if necessary, as may be provided L 0 by law. Q a� SECTION S. - City Attorney Authorized. The City Attorney or designee is authorized and directed to commence condemnation o proceedings as provided by law that are necessary to acquire the Property o as the Project requires. The City Attorney is specifically authorized to retain a� any legal counsel or other expert as may be needed, and to sign any retainer c or other agreement that may be required. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to 0 enter into settlements, stipulations, or agreements in order to minimize a 0 damages. These settlements, stipulations, or agreements may include, but a 0 are not limited to, the amount of just compensation to be paid, the size and Z dimensions of the Properties condemned, and the acquisition of temporary r- construction easements and other property interests as the City Attorney ° c may determine are required. E c 0 U c 4 Condemnation Ordinance - Mill Creek Reestablishment r (JingNa Property) Q Packet Pg. 87 4.F.a SECTION 6. - Ratification. Any acts consistent with the authority of 0 this ordinance and prior to its effective date are ratified and affirmed. a r c as E SECTION 7. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such r N decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. L U SECTION 8. - Effective Date. This ordinance shall take effect and be c in force thirty days from and after its passage, as provided by law. E aD March 5, 2024 U a� DANA RALPH, MAYOR Date Approved N •L 0 r 0 Q ATTEST: c 0 c March 5, 2024 p KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o M March 8, 2024 Date Published = L O APPROVED AS TO FORM: a� a 0 L Z TAMMY WHITE, CITY ATTORNEY c 0 r 0 c E a� c 0 U c 5 Condemnation Ordinance - Mill Creek Reestablishment r (JingNa Property) Q Packet Pg. 88 4.F.a EXHIBIT A _ a, 0 L TAX LOT 1322049131 a EASEMENT a E THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY 2 OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: aD a� COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; a� a� THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET TO THE POINT OF BEGINNING; THENCE N88136'30"W 39.38 FEET; THENCE N26027'45"W 4.10 FEET; THENCE N84107'11"W 66.04 FEET; THENCE N67158'24"W 107.74 FEET; THENCE N57148'56"W 20.00 FEET; THENCE N55140'10"W 53.12 0 FEET; THENCE N86126'21"W 7.83 FEET; THENCE N01119'24"E 17.60 FEET; THENCE N87043'43"W 11.98 FEET; THENCE N01154'43"E 10.75 FEET; THENCE E N87055'00"W 18.31 FEET; THENCE N53039'26"W 18.78 FEET; THENCE S34008'52"W 52.39 FEET TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS, v CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 122045'22", AN ARC DISTANCE OF 85.70 FEET; THENCE N S01023'30"W 20.00 FEET; THENCE N88036'30"W 295.08 FEET TO THE EASTERLY o MARGIN OF CENTRAL AVENUE NORTH; THENCE ALONG SAID EASTERLY MARGIN, E N34013'13"E 23.80 FEET; THENCE S88136'30"E 191.04 FEET; THENCE a N34008'52"E 208.11 FEET; THENCE N88045'47"W 9.14 FEET; THENCE S22159'12"E c 64.96 FEET; THENCE S56045'19"E 108.37 FEET; THENCE S75026'18"E 98.56 FEET; THENCE N77048'06"E 32.39 FEET; THENCE S8103459"E 41.41 FEET TO THE AFOREMENTIONED EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST LINE, S01032'42"W 58.76 FEET TO THE POINT OF BEGINNING. c M_ CONTAINING 27,601 SQUARE FEET, MORE OR LESS. c c L O '•.............. Q z 04� LANp O_ ............ .. R C 12/14/2023 c O U c O E t v O r r Q Packet Pg. 89 4.F.a c 0 a c TAX LOT 1322049095 /•�' / // 0 0 / J�• / / — — 9.14' N Qv / / ^ TAX LOT 1322049131 Cj c0i / TAX LOT 132204gi0i pp' 10.75' 17.60' p` h 90 S3 ot°o� �O� ?7601 56' 32.39' 41.41' CD60 / w 13Q F 0f m po 191.04' 0>>¢. T 00 r- V w a? C 66.04' 4.10 / 295.08' — — 39.38' P.O.B. O W >, CD 0 m W � TAX LOT 1322049024 N a W � Z C P.O.C. SE COR 0 IMPORTANT: NE 4,SE a m THIS IS NOT A SURVEY. IT IS a FURNISHED AS A CONVENIENCE 13-22-04 TO LOCATE THE LAND � INDICATED HEREON WITH 0 REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE EASEMENT OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW ASSUMED BY REASON OF RANGE 4 E,W.M. WASHINOro■ EXHIBIT d RELIANCE HEREON. CITY OF KENT SCALE: 1"=80' E LAND SURVEY SECTION DATE: 09/08/2023 A-1 v m r r Q Packet Pg. 90 4.F.a EXHIBIT B 0 L TAX LOT 1322049131 a TEMPORARY CONSTRUCTION EASEMENT a E THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY 2 OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: aD a� COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; a� a� THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET; THENCE N88036'30"W 39.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N88036'30"W 278.49 FEET; THENCE N01123'30"E 20.00 FEET; THENCE S88036'30"E 42.27 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS, o CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59013'38", AN ARC DISTANCE OF 51.69 FEET; THENCE N32009'53"E 14.65 FEET; THENCE S57048'56"E 20.00 FEET; THENCE S67058'24"E 107.74 FEET; THENCE S84007'11"E 66.04 FEET; THENCE S26127'45"E 4.10 FEET 0 TO THE POINT OF BEGINNING. c N CONTAINING 6,496 SQUARE FEET, MORE OR LESS. 0 r Q a� c c M �� 9,q�,?.,10D1B97 •.� C • r•rr • L O 12/14/2023 a� a 0 L m Z E 0 U c E t v r r Q Packet Pg. 91 4.F.a c 0 a TAX LOT 13220490095 E aD 0 U c N L 0 3 Q TAX LOT 1322049 101 � / TAX LOT 132204911311 E 0 7i .ss, �O• m E- h�69 10��4• c 42.27' =a c 6,496 SQ. FT. 0 N 66.04' 4.10' ' w 278.49' 39.38' a 0 P.O.B. CO a 0 N Z u AX LOT 13220490024 P.O.C. SE COR 0 IMPORTANT: NE q,SE a THIS IS NOT A SURVEY. IT IS 13-22-04 E FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH TEMPORARY 0 REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE CONSTRUCTION EASEMENT OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW ASSUMED BY REASON OF RANGE 4 E,W.M. WASHINOro■ EXHIBIT d RELIANCE HEREON. CITY OF KENT SCALE: 1"=60' E LAND SURVEY SECTION DATE: 09/08/2023 B-1 v r r Q Packet Pg. 92 4.F.b CITY CLERK Kimberley A.Komoto City Clerk v 220 Fourth Avenue South Kent, WA 98032 d Fax: 253-856-6725 +, c PHONE: 253-856-5725 E January 24, 2024 N ° a� VIA CERTIFIED AND REGULAR MAIL W lie a� Jingna Property LLC Jingna Property LLC 1008 Central Avenue N. 10911 Rainier Ave. S. Kent, WA 98032 Seattle, WA 98178 c 0 c E NOTICE OF PLANNED FINAL ACTION City of Kent Eminent Domain Proceedings 0 Subject Properties: Owners as shown on King County Tax Roll: N L 0 Jingna Property LLC 1008 Central Ave. N, Kent, WA 132204-9131 Q NOTICE IS HEREBY GIVEN that the City Council of the City of Kent will consider U taking final action by approval and passage of a condemnation ordinance that will authorize the City Attorney or designee to commence eminent domain (condemnation) proceedings against the above-described subject properties, in o whole or in part. r 0 rn M The purpose of this action is to acquire right-of-way and other property and property N rights necessary to construct the Mill Creek Reestablishment Project - Kent Memorial Park Reach. A draft copy of the proposed condemnation ordinance is attached to this J notice. ° 0 The City's Committee of the Whole will consider whether to recommend Z condemnation at its meeting on Tuesday, February 20, 2024, at 4:00 p.m. If condemnation is recommended, the full City Council will consider the proposed a condemnation ordinance at its meeting on Tuesday, March 5, 2024, at 7:00 p.m. o Both meetings will occur in the Kent City Council Chambers, located at 220 Fourth . Avenue South, in the City of Kent, Washington. aJ .1JA ,AIN c Kimberley 11ornoto, Kent City Clerk ° c Enclosure: c 0 • Draft Condemnation Ordinance with Exhibits A-8 (legal descriptions and depictions of affected U property m E t City of Kent Administration r Arthur"Pat'Fitzpatrick,Chief Administration Officer Q Packet Pg. 93 4.F.b U a� 'o L I, Kimberley A. Komoto, declare as follows: a c a� 1. I am a citizen of the United States of America, a resident of the State of Washington, over the age of 18 years, not a party to the above-entitled action, T competent to be a witness herein, and have personal knowledge of the facts stated below. a a� lie 2. I am employed as the City Clerk for the City of Kent. L U 3. On January 24, 2024, and in the manner indicated below, I mailed the = foregoing Notice of Planned Final Action, and a draft copy of the proposed condemnation ordinance, to the following individuals or entities: o Jingna Property LLC Jingna Property LLC 1008 Central Avenue N. 10911 Rainier Ave. S. m Kent, WA 98032 Seattle, WA 98178 O [X] By U.S. Mail - First Class, Postage Pre-Paid [X] By U.S. Mail - First Class, Postage Pre-Paid U [X] By U.S. Mail - Certified Mail/Return Receipt [X] By U.S. Mail - Certified Mail/Return Receipt Requested, Postage Pre-Paid. Requested, Postage Pre-Paid. N Article # Article # o [ ] By Facsimile: [ ] By Facsimile: t [ ] By Email: [ ] By Email: Q a� v c DATED this 24t" day of January, 2024 L O r O On M Kimberley . K moto i Kent City Clerk r r a� J N V r O Z N O L a. cc Z 0) S O E O U r c m t ci cv r r Q Packet Pg. 94 DRAFT U 2 0 L r E T) r Cn 0 0) ORDINANCE NO. W Y d L U AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition by eminent domain o of real property needed for the construction of the Mill Creek Reestablishment Project. This ordinance provides for the E condemnation, appropriation, taking, and damaging of real property necessary for that project and provides for the 0 payment thereof out of the Mill Creek Reestablishment Project L), (Fund No. D20086). This ordinance also directs the City N Attorney to prosecute the appropriate legal condemnation o proceedings in King County Superior Court, to retain any legal counsel required, and to enter into settlements, stipulations, Q or other agreements as may be necessary. L RECITALS 0 0 A. Mill Creek is a slow-moving urban creek channel that meanders through the Green Valley corridor. As a salmon bearing stream, it provides critical habitat to Cn a� r endangered salmon and other aquatic species. The purpose of the Kent Memorial Park J Reach portion of the Mill Creek Reestablishment Project (the "Project") is to reduce r2 0 local area flood risk impacts, improve water quality, improve fish passage, and z enhance stream/riparian habitat in Mill Creek by removing accumulated sediment L a within channel and reestablishing the creek ecology, between approximately E. Smith 0 a Street and South 212t" Street. z 0) B. To complete the Project, the City must acquire certain property rights on property located at 1008 Central Ave. N. (King County Tax Parcel No. 132204- 2 w 0 9131), generally referred to in this ordinance as the "Property". E 0 C. City Staff will continue their efforts to acquire the property rights 0 necessary for this public use by negotiation and settlement agreements; however, U r a� E 0 r r Q Packet Pg. 95 DRAFT 2 timing is critical due to the ongoing annual flood risk impacts from high-water events 0- in Mill Creek, seasonal construction windows, and Project construction costs that a� continue to rise due to an increase in property values and inflation. E T D. If the necessary property rights cannot be acquired through Cn negotiations, it is essential that the City be prepared to initiate condemnation proceedings so that the Project can be timely constructed and the public use achieved. Y E. Prior to Council's action on this ordinance, the City provided the requisite L) notice to the Property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. _ 0 F. The public use and necessity require that the property and property E rights identified within this ordinance be condemned, appropriated, and taken for c public use by the City for such purposes as it may now or later declare in the public coy a� interest. N O t 3 Q NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, c DOES HEREBY ORDAIN AS FOLLOWS: L O r ORDINANCE o M Cn SECTION 1. - Public Use and Necessity Declared. After receiving the report r r of City staff, and after reviewing the planned improvements for the Mill Creek _J aD Reestablishment Project ("Project"), the City Council finds and declares that the o public convenience, use, health, safety, and necessity demand that the City of Kent Z condemn, appropriate, take, and damage certain real property located in King a County, Washington, in order to acquire the necessary real property and/or property a rights for the construction of the Project, including all necessary appurtenances. The Z c property rights to be acquired are legally described in Exhibits A and A-1; and B and B-1 ("the Property"). The precise scope of the taking may change if engineering 2 requires modification of present plans, and such changes are hereby authorized. The E a� purposes for which this condemnation is authorized shall include, without limitation, o U r c d E t R r r Q Packet Pg. 96 DRAFT U W all acts necessary to complete the construction, improvement, alteration, 2- maintenance, reconstruction, and restoration of the Project, and any other municipal a� purpose that may be necessary from time to time on the Property. T SECTION 2. - Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property as may be necessary W lie for the construction, improvement, alteration, maintenance, and reconstruction of a U the Project, together with all necessary appurtenances and related work to make a = complete improvement according to City standards. 0 SECTION 3. - Condemnation Procedures and Proceedings. The City shall E as condemn the Property only upon completion of all steps and procedures required by c 0 applicable federal or state law or regulations, and only after just compensation has L), c first been made or paid into court for the owner or owners in the manner prescribed 0 by law. Q a� SECTION 4. - Project Fund. The City shall pay for the entire cost of the acquisition of a portion of Property by condemnation through the City's 'Mill Creek 0 Reestablishment"fund (Fund No. D20086) or from any of the City's storm and surface r O water utility funds, if necessary, as may be provided by law. M L SECTION S. - City Attorney Authorized. The City Attorney or designee is J authorized and directed to commence condemnation proceedings as provided by law CD that are necessary to acquire the Property as the Project requires. The City Attorney 0 z is specifically authorized to retain any legal counsel or other expert as may be needed, and to sign any retainer or other agreement that may be required. In commencing c L these condemnation proceedings, the City Council authorizes the City Attorney to cc z enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, c the amount of just compensation to be paid, the size and dimensions of the Properties E condemned, and the acquisition of temporary construction easements and other property interests as the City Attorney may determine are required. a� E 0 r r Q Packet Pg. 97 DRAFT 2 0 L SECTION 6. - Ratification. Any acts consistent with the authority of this a r c ordinance and prior to its effective date are ratified and affirmed. E T SECTION 7. - Severability. If any one or more section, subsection, or 2 Cn 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 L remain in full force and effect. L) SECTION 8. - Effective Date. This ordinance shall take effect and be in force o thirty days from and after its passage, as provided by law. E a� c 0 U DANA RALPH, MAYOR Date Approved N 0 t Q a� c c �a L O r ATTEST: Cn L J KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted r 0 z Date Published APPROVED AS TO FORM: a 0 L a �a z a� TAMMY WHITE, CITY ATTORNEY c 0 w c E a� c 0 U r c d E t R r r Q Packet Pg. 98 ATDT& IENT A 2 EXHIBIT A o - L r TAX LOT 1322049131 EASEMENT E T) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF 2 SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITYCn OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: Y d COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET TO THE _ POINT OF BEGINNING; THENCE N88036'30"W 39.38 FEET; THENCE N26027'45"W 4.10 FEET; THENCE N84107'11"W 66.04 FEET; THENCE N67158'24"W = 0 107.74 FEET; THENCE N57148'56"W 20.00 FEET; THENCE N55140'10"W 53.12 m FEET; THENCE N86126'21"W 7.83 FEET; THENCE N01119'24"E 17.60 FEET; E THENCE N87043'43"W 11.98 FEET; THENCE N01154'43"E 10.75 FEET; THENCE N87055'00"W 18.31 FEET; THENCE N53039'26"W 18.78 FEET; THENCE o S34008'52"W 52.39 FEET TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A E CENTRAL ANGLE OF 122045'22", AN ARC DISTANCE OF 85.70 FEET; THENCE o S01023'30"W 20.00 FEET; THENCE N88036'30"W 295.08 FEET TO THE EASTERLY MARGIN OF CENTRAL AVENUE NORTH; THENCE ALONG SAID EASTERLY MARGIN, Q N34013'13"E 23.80 FEET; THENCE S88136'30"E 191.04 FEET; THENCE N34008'52"E 208.11 FEET; THENCE N88045'47"W 9.14 FEET; THENCE S22159'12"E c 64.96 FEET; THENCE S56045'19"E 108.37 FEET; THENCE S75026'18"E 98.56 FEET; THENCE N77048'06"E 32.39 FEET; THENCE S8103459"E 41.41 FEET TO THE 0 AFOREMENTIONED EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST c LINE, S01032'42"W 58.76 FEET TO THE POINT OF BEGINNING. Cn CONTAINING 27,601 SQUARE FEET, MORE OR LESS. ; r a� J O V r O Z ............... c o :� �• m a OhG►L LAND .`` C C w. R 12/14/2023 E a� O U r c d E t R r r Q Packet Pg. 99 DRAFT tm TAX LOOT 132200490095 N 0 t / J�• / / — — 9.14' Q Qv TAX LOOT 11322049131 TAX LOOT 132204gi0i rypp 10.75' °i 17.60' ;n S3 �. ono.V 7?. 9g 56' 32.39' 41.41' J ix �O� ?7 601 a) o0 191.04' �0� 4 3Q FT V z � . U ti� N 66.04' 4.10' rn H / 295.08' — — P.O.B. CD � 39.38' o a z CD am TAX LOT 1322049024 N c W 7 O P.O.C. c SE COR E m IMPORTANT: NE ISE a c THIS IS NOT A SURVEY. IT IS 13-22-04 (j FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH EASEMENT REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE E OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW tvo ASSUMED BY REASON OF RANGE 4 E,W.M. WASHINOro■ EXHIBIT RELIANCE HEREON. CITY OF KENT SCALE: 1"=80, B Q LAND SURVEY SECTION DATE: 09/08/2023 Packet Pg. 100 Alff FkApWENT B 2 EXHIBIT- L A o r TAX LOT 1322049131 TEMPORARY CONSTRUCTION EASEMENT E T) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF 2 SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITYCn OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: Y d COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION SUBDIVISION; THENCE ALONG THE EAST LINE THEREOF, N01°32'42"E 392.34 FEET; THENCE _ N88036'30"W 39.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N88036'30"W 278.49 FEET; THENCE N01123'30"E 20.00 FEET; THENCE o S88036'30"E 42.27 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS, m CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE, THROUGH A E CENTRAL ANGLE OF 59013'38", AN ARC DISTANCE OF 51.69 FEET; THENCE N32009'53"E 14.65 FEET; THENCE S57048'56"E 20.00 FEET; THENCE S67058'24"E 0 107.74 FEET; THENCE S84007'11"E 66.04 FEET; THENCE S26127'45"E 4.10 FEET TO THE POINT OF BEGINNING. N 0 CONTAINING 6,496 SQUARE FEET, MORE OR LESS. Q a� c c .. o IST 0 Z 12/14/2023 L Q 0 L Z 0 E 0 U r c d E t u R r r Q Packet Pg. 101 DRAFT TAX LOT 13220490095 c N G 5 Q V E L TAX LOT 1322049 101 7 TAX LOT 132204911311 CD L ate.+ •ss, m 0 W 9 1071 z x v� U 42.27' c 6,496 SQ. FT. a N 66.04' 4.10' O a 278.49' 39.38' z am P.O.B. Co s N a u AX LOT 13220490024 � P.O.C. c SE COR E IMPORTANT: NE q,SE a THIS IS NOT A SURVEY. IT IS 13-22-04 0 FURNISHED AS A CONVENIENCE _ TO LOCATE THE LAND TEMPORARY INDICATED HEREON WITH a) REFERENCE TO STREETS AND LOCATED IN NE 1/4 OF THE SE CONSTRUCTION EASEMENT OTHER LAND. NO LIABILITY IS 1/4 OF SEC 13,TOWNSHIP 22N, KENT DRAWN BY: CMW tvo ASSUMED BY REASON OF RANGE 4 E,W.M. WASHINOro■ EXHIBIT RELIANCE HEREON. CITY OF KENT SCALE: 1"=60' B Q LAND SURVEY SECTION DATE: 09/08/2023 Packet Pg. 102 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: 2024 Transportation Grant Opportunities SUMMARY: As follow-up to the January 16, 2024 City Council Workshop, City Transportation Planner David Paine will provide the Council with an update on Spring 2024 grant opportunities from the Transportation Improvement Board and Puget Sound Regional Council. 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. Packet Pg. 103 4.H PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: February 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Boeing Rock Recreation and Habitat Enhancement Cooperative Watershed Management Grant Application SUMMARY: The Public Works and Parks Departments are working together on the City's Boeing Rock Recreation and Habitat Enhancement Project ("Project"), which is located along the right (east) bank of the Green River between South 200th Street and South 212th Street and is approximately 200 feet in width. The Project site is just downstream from the Lower Russell Levee Setback project, which includes habitat enhancement areas for salmon in the Green River. The project will help improve fish and wildlife habitat in the Green River, increase floodplain storage, reduce temperature loading in the river, and add recreational opportunities. The Project will help address the lack of suitable habitat for juvenile fish, which is the biggest limiting factor for salmonid productivity and population growth in the Green River. The lack of habitat pushes fish to migrate to Puget Sound prior to obtaining adequate growth, dramatically reducing the chance of survival. The Project is included in the Water Resources Inventory Area 2021 Salmon Habitat Plan Update and received Salmon Recovery Funding Board and King County Parks Levy-Open Space funding in the previous grant cycle to prepare a feasibility study and conceptual design. Staff recommends the City apply for a $627,690 grant from the King County Flood Control District Cooperative Watershed Management fund. If awarded, the grant would be utilized to complete the 65% Project design package of the preferred alternative identified in the feasibility study, to continue stakeholder coordination, and to apply for required permits. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 104