Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - City Council Meeting - 02/04/2025 (2)
^*4 KENT CITY COUNCIL AGENDA • Tuesday, February 4, 2025 KENT 7:00 PM W A 5 H I N G T O N Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or253-205-0468 Enter Meeting ID: 82979108067 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 ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month ii. Proclamation for Black History Month iii. Recognition of Adopt-A-Street Volunteers B. Community Events 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING City Council Meeting City Council Regular Meeting February 4, 2025 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the city of Kent or to agenda items Council will consider. This is not an open public forum and comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington strictly prohibits people from using this public comment opportunity for political campaign purposes, including to support or oppose a ballot measure or any candidate for public office. Speakers may not give political campaign speeches but must instead speak concerning a matter on the City Council's agenda or matters concerning the general business of the City of Kent. Further, in providing public comment, speakers must address the Mayor and Council as a whole; remarks intended to target an individual on the dais are not permitted. Finally, please note that this public comment opportunity is for you to provide information to the Mayor and City Council that you would like us to consider, but we will not be able to answer questions during the meeting itself. The City Clerk will announce each speaker. When called to speak, please step up to the podium, state your name and city of residence for the record, and then state your comments. You will have up to three minutes to provide comment. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkpkentwa.gov or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkPken twa.go v. Alternatively, you may email the Mayor and Council at MayorpKentWA.gov and CityCouncilCcDKentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Jan 21, 2025 5:15 PM ii. City Council Meeting - City Council Regular Meeting - Jan 21, 2025 7:00 PM B. Payment of Bills - Approve C. Ordinance Authorizing Fiber Franchise with Ezee Fiber Texas, LLC - Adopt D. 2025-2026 Recreation Guide Printing/Mailing Services - Authorize E. Accept Funds From the Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 Project - Accept F. Accept Funds from the Transportation Improvement Board for the 83rd Avenue South Sidewalk Project - Accept G. Accept the 2024 Plastic Markings Project as Complete - Authorize H. Accept the 2023 Paint Line Striping and Raised Pavement Marking Replacement Project as Complete - Authorize 9. OTHER BUSINESS City Council Meeting City Council Regular Meeting February 4, 2025 10. BIDS A. 2025 Water Main Improvements Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.aov. NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.2 PROCLAMATION WHEREAS, since 1976, every United States president has officially designated the month of February as National Black History Month to honor and affirm the importance of Black history throughout our American experience; and WHEREAS, the observance of Black History Month began in 1926, when Harvard- trained historian Carter G. Woodson and Minister Jesse Moorland sponsored the first national Negro History Week, which was celebrated IF the second week in February and later, in the 1960s as part of the Civil o Rights Movement, the observance evolved into Black History Month; and WHEREAS, Black History Month serves as a celebration of the accomplishments and c contributions of Black Americans throughout the history of our nation, U the fullness of African American history and culture, and a time to recognize that across the generations, countless Black Americans have 2 demonstrated profound moral courage and resilience to help shape our 3 Nation for the better; and a WHEREAS, much of the City of Kent's strength and success can be attributed to the r diversity of cultures and traditions that are celebrated by the residents o of this great City; and M WHEREAS, African Americans have played significant roles and made lasting o contributions to our city's history and the history of Washington's economic, cultural, spiritual, and political development, while working x tirelessly to contribute to every aspect of American society including business, education, medicine, politics, science, and the arts; and WHEREAS, Black History Month is a time for all Americans to remember the o contributions and legacy of those who helped build our nation, advanced r- the cause of civil rights for all Americans, continue to fight against o prejudice to secure lives of dignity and opportunity for all our residents, and strengthen our families and communities. 0 NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM a- FEBRUARY 2025, TO BE 0 r 0 Black History Month E in the City of Kent and encourage all residents to join me in honoring the many o contributions made by African Americans to our City, State, and Nation, and to v participate in the many educational and inspirational events celebrating February 2025 as Black History Month. In witness whereof, I have hereunto set my hand this 4th day of February 20 5Pph Mayor Dan .._ • KENT WASH I N G T O N Packet Pg. 4 5.B � dof epartment a ij T. February 4,2025 c� Representatives and Senators for their co ADMINISTRATION leadership on these important issues. _ Administration The City is pleased to announce that the — City and the Phoenix Court Apartments • In 2008, Washington state changed how it distributed sales tax revenue to cities. settled the law suit the City filed against the apartment ownership and its management E Formerly, cities received sales tax revenue firm. Approximately two years ago, the City 0 on goods shipped from the city. Now, cities receive sales tax revenue on goods shipped filed suit to address violence and a c to the city. Under this new structure, some disproportionately high number of police calls to the Phoenix Court Apartments. The cities received an increase in revenue. suit was filed after numerous failed Other cities, including Kent, lost revenue. o attempts by the City to gain voluntary a The structure created revenue "winners" compliance of ownership to improve safety and "losers" in Washington. Kent was for its tenants and comply with City codes. ) referred to by the State as Washington's L_ Following the filing of the lawsuit, biggest loser city because of fact that over ownership took steps to improve safety at 30% of Kent's economy centered on o the complex by evicting tenants responsible warehousing, and warehousing stopped for crime, installing a fence, installing a generating sales tax revenue. At the same security camera system, improving the time, cities with strong retail benefited from lighting, and retaining an on-sight security c the tax change. While Kent lost firm. The City also filed a separate code E approximately $18 million/year in State enforcement action to address various a issued revenue, other cities gained revenue. building code violations. Many of the Two bills have been introduced in Olympia building code violations have been that would restore some of this lost revue remedied, and the owners are now under c to Kent. Senators Kauffman, Orwall, and obligation to make final improvements. Nobles have introduced SB 5518 which aims Crime, and especially violent crime, has to provide new funding via a State sales tax decreased dramatically. While the City had ' credit that would enhance community to expend significant resources to prosecute E vitality in Kent, which as you know is a city the lawsuit and code enforcement case, the US hosts significant industrial and City is pleased that ownership has and warehousing industries between the ports continues to take steps to improve the of Seattle and Tacoma. Representatives safety and quality of the living experience Stearns, Entenman, Obras, Gregerson, and at the complex. Bergquist have introduced HB 1532, which Clerk's Office would allow the City Council to impose a Kim Komoto and Tiffany Alcorn gave a .3% sales and use tax that could be used records management and public disclosure by the City to improve the vitality of the presentation to the Police Department community. The City thanks the mentioned Page 1 of 13 Packet Pg. 5 5.6 leadership team during their recent The Welcoming America auditors will be leadership retreat. speaking with city staff and community • The City Clerk's Office has launched the organizations during their visit. citywide digitization project. Records have Among all the chaos of anti-DEI executive already been sent to the vendor for orders, the REDI team continues to digitization and staff from all departments implement our Race & Equity Strategic plan. are meeting with the vendor to get Language access was an area of fucus for guidance on how to prepare the records for implementation in 2024. 2025 will be scanning. focused on the actionable steps in our plan • During the month of January, the Clerk's that have to do with community Office responded closed out 683 requests engagement, including procurement for public records that included reviewing services. 4,697 minutes of body worn camera video • The Kent International Festival date for a in addition to 955 other videos. Over 1,000 2025 has been confirmed. The annual police reports were provided to requesters. festival that celebrates Kent's diverse More than 68,000 emails were reviewed cultures and languages, will be held on prior to disclosing. Saturday May 31st at the Showare Center. ; • The City Clerk's Office processed over 81 If any staff member is interested in L) contracts during the month of January. volunteering for the festival please reach E Communications out to Uriel, uvarela@kentwa.gov . ,° • The Mayor's annual Employee of the Year Breakfast is scheduled for February 12 at a the Senior Center. This is a fantastic time where staff gathers to honor all of the 2024 Long Range Planning Employee of the Month nominees and find Two and a half weeks into the Washington 0. out who the 2024 Employee of the Year will state legislative session, the Long Range W be! Planning Team has reviewed 30 bills and is L • Kent101 Spring 2025 class is open! Please already onto its second and third rounds of submit your application by Feb. 7. Kent 101 review. A diverse crop of potential o is an eight-week civics course that deepens legislation includes creating new Commerce > understanding and knowledge about local oversight roles, removing parking government and how it operates. The requirements, allowing commercial uses in N courses are designed to educate, inform all residential areas, and changing and build experience for residents, permitting processes for various housing businesses and students. types. Staff are continuing to advocate for w • Subscribe to KentNow, the podcast that consistency with the City's updated keeps you in the know about Kent. Comprehensive Plan and to stop unfunded o Apple Podcasts apple.co/3J2UMkd mandates. c o Spotify spoti.fi/3GNCeli o Amazon Music amzn.to/3jjaOvU Equity E The City of Kent is weeks away from Accountina • becoming the first city in Washington State The Accounting Team is working on 2024 to be certified as a welcoming city. The year-end entries and reconciliations. Over certification awarded by Welcoming the next couple weeks, they will be America, a national NGO, is a formal preparing the Capital Work in Progress designation for local governments that have (CWIP) spreadsheets to send out to created policies and programs reflecting departments for review to determine which their values and commitment to immigrant projects should be capitalized and/or inclusion. Welcoming America staff will be expensed. visiting the Ken city campus from Feb 4 -6. Page 2 of 13 Packet Pg. 6 5.6 • An actuarial study is currently being Preparing the CMS disclosure report performed by the actuary, Milliman, to Provided feedback on HB1213 proposed prepare information related to the legislation changes Firemen's Relief and Pension Fund which is Wellness - 2025 New Year, New You! necessary for the 2024 financial reporting. Challenge Budget o Challenge period: January 20 - • The Financial Planning Division is currently February 28, 2025 working on the department pages for the Working on Recognition Program 2025-26 Adopted Biennial Budget book, Working with Employees and Managers which make up about one-third of the book. on Protected Leave cases and ADA The division has also completed the Q4 Accommodations ARPA filing with the Treasury Department, Laserfiche project which was due at the end of January. a Customer Service Labor • Alexis Yamaguchi-Fields has accepted a • Ongoing KPOA Negotiations position as a Meter Reader II. Alexis has • Policy review been working as a part-time temporary • AC & Commander negotiations (Waiting on employee in Customer Service since PERC) 0 U February 2024. We are looking forward to Process Improvement E her joining our team as a full-time Workday Learn testing phase formally ° employee. beginning 1/29. Loading data from NeoGov, v, Payroll building specific scenarios to test a • W-2s for 2024 have been fully processed functionality, scheduling SMEs from with the Social Security Administration and departments for Feb weeks 1-2. V_ made available electronically through Process improvement/Lean: Process 0. Workday. For those who have not elected to mapping recruiting processes and position W receive an electronic version of their W2s control, process improvement to support ) only, a printed copy should have arrived in Recruiting's new site on the One Kent Hub, the mail. helping paralegals in Legal dept with p Tax & Licensing a) • The Tax Division is currently processing Q4 process improvements. 2024 and Annual 2024 B&O Tax returns. One Kent hub training and Sharepoint N Q4 2024 utility tax payments are being redesign support for HR. E • processed using the older, paper method of Finalizing Kent101 slides for HR. E Recruiting filing. Starting with the 2025 utility tax a returns, they will be processed through the • Testing for Signal Technician 1/2. a upgraded City Taxes system. • Interviews: Maintenance Worker 2-Storm • 2025 business license renewals are being Vegetation, Field Supervisor-Facilities c processed timely. We are excited to share Maintenance, Parks Planning and W that we have processed more business Development Manager. U license renewals so far this year as • Processing direct hire for Capital Facilities 3 Project Manager in Parks Planning. compared to the same time last year. E • Other: Working with CVS consultant to 0 move PD recruiting processes from NEOGOV HUMAN RESOURCES to Workday. Risk Management Benefits • 2024 OSHA Report • Sick leave incentives completed • Several PRR's • Preparing data for ACA reporting Workday • RDS Reconciliation • Starting testing phase for the Workday • Gathering information for the GASB75 Learn implementation project. report • Completing uniform allowance. Page 3 of 13 Packet Pg. 7 5.B • Preparing for Workday 2025 R1 Major unanticipated loss of connections to internet release. or remote sites during approved maintenance window. Project Management Office • Ongoing development on the Business License internal system (Backoffice/Admin) Administration and related FileLocal integrations, as • Ongoing coordination of IT's required by business processes/regulatory contracts/procurements/accounting and changes, enhancement requests, and administrative processes. resolving issues/bugs/errors encountered • Financial Reporting with Accounting: during testing of Sprints (not as part of Gathering and providing IT data costs Ops/Production support). expended on systems of records to the City Ongoing development on the City's Tax Clerk's office for the 2024 Joint Legislative internal system (Backoffice/Admin), co Audit and Review Committee/JLARC report. Working Papers modules, and Also continuing 2024 IT year-end corresponding online Tax Filing & Payment processing. Portal, as required by business ; • Financial Reporting with Accounting: processes/regulatory changes, U Continuing 2024 IT year-end processing. enhancement requests, and resolving E • Project: Ongoing preparation of IT Records issues/bugs/errors encountered during for Digitized Scanning (complete before testing of Sprints (not as part of moving into new building). Ops/Production support). ° a Business Systems Security • Amanda: Commercial Pads/ Seismic Identity Access Management deployment is V_ Anchoring subtype application deemed in procurement process, working with a ready for Production deployment, the Oracle vendor and Legal on contract. Java to Azul Zulu Java conversion was Advanced Email Search/Secure Email ) completed successfully, and planning for Gateway project is in vendor selection the Test environment upgrade to v2024.12 stage, the 2 candidates are going through o is in progress. last demos/questions before final selection. • Systems: Monthly patching was completed Software, Integrations, and Data Engineering for January ensuring system security. • Ongoing Sprints for City Tax System h Network and Infrastructure Enhancements (Q1-2025). •c • Contract signed for coax-based internet • Ongoing Integrations and Data E service at ASB. Received install date from Mapping/Conversion project activities for w Comcast for Monday, Feb 3, 2025, between the Tiburon Replacement projects (Axon 2 3-5 to install service, which will allow for RMS and Black Creek IMS), alongside U Verkada cameras and badge readers to be Police, Corrections, and the IT Project c brought online and provide connectivity / Management Office (PMO). cc access for staff working in building. Ongoing operational Software Engineering: •2 • Worked with Axon vendor to extensively supporting all custom developed solutions troubleshoot new camera connections in that are in Production (data and bug fixes E PD. Discovered multiple issues with cabling as needed). U requiring a re-run and new • Ongoing operational Integrations terminations. Resolved issues, all new Engineering: supporting all GoAnywhere cameras & control panel in Centennial integration/file transfer jobs that are in Center and PD are online and functional. Production. • Completed Main and Remote Firewall • Ongoing operational Data Engineering: updates that will hopefully resolve the Analytics via SSRS/Excel/Power BI and "Kyber Flag" issues that were causing management of Data Warehousing in delays for users when accessing various Production. webpages. Performed upgrade with no Page 4 of 13 Packet Pg. 8 5.6 • Ongoing operational license & backed his passenger's dump truck into server support for: ArcGIS, GoAnywhere, two parked cars in a parking lot. When and Software development (DevOps). Kent Police Department officers arrived, the defendant was walking away from the scene, was highly belligerent, and exhibited signs of intoxication. The jury acquitted on the Hit and Run offenses but • Covered one Community Court calendar in convicted the defendant on all other January which included 143 cases spread counts. The court sentenced the across 101 defendants, 49 of whom failed defendant to 18 months incarceration to appear. Two of the defendants who followed by 60 months of probation. This appeared were out of compliance to such a was the defendant's fourth DUI-related degree that a sanction was imposed; offense, and he has another incident everyone else was demonstrating progress. from July 2024 still pending filing by King • Covered one Expired Bench Warrant County. _ Calendar in January which included 123 • Reviewed and analyzed legislation proposed cases spread across 99 defendants, just five in the current legislative session to of whom appeared. determine its impacts upon the City. • The January jury term saw 78 cases set for • Advised Parks Department staff on E trial. Subpoenas were issued to 135 civilian o cooperative purchasing procurement and witnesses. Prosecutors were responsible for negotiation of an agreement for purchase of preparing 234 hours (the equivalent of kiosks to be used at the Kent Valley Loop a approximately 30 days for a full-time Trail. employee) worth of electronic evidence • Assisted the Clerk's Office with processing captured by Axon, primarily body worn and responding to large public records a camera footage. Of those cases, four � defendants confirmed their cases for trial. requests. • Assisted the HR Department with a number N One case resolved the morning of trial, one of sensitive employment and labor-related U case was set back to a pre-trial hearing, matters. o and two cases proceeded to jury trial. • Advised City departments on several d o In the first trial, the defendant was procurement and contract matters related charged with Menacing, Disorderly to various ongoing projects. N Conduct, and Criminal Trespass in the • Assisted outside counsel on a number of c First Degree. The defendant alleged his cases currently in litigation. E daughter was being bullied at school. He • Worked with staff to acquire the property w called the school and said he was coming rights necessary to complete various to handle it, prompting a lockdown projects throughout the city. during which the defendant went to the • Assisted the Neighborhood Response Team c alleged bully's classroom, attempted and code enforcement staff to address a W entry, pounded on the door, and made number of code enforcement issues threatening statements to the student. During trial, one charge was dismissed throughout the city. E due to insufficient evidence. The jury E 0 acquitted the defendant on the other two PARKS, RECREATION, AND U charges, due to inconsistencies in the COMMUNITY SERVICES testimony of the school's behavioral interventionist. Recreation and Cultural Services o In the second trial, the defendant was • Winter Adult Volleyball season is underway charged with Physical Control, two counts and operating at capacity, with 49 teams of Hit and Run, Driving While Suspended, split evenly between the Women s League Driving without an Ignition Interlock and Open Play League. Games are Device, and Obstructing. The defendant scheduled Tuesday and Wednesday nights at Kent Commons. This program, running Page 5 of 13 Packet Pg. 9 5.6 through March 12, combines league play support. Let's cheer them on as they give with a two-week single elimination play-off their best performances on the court! tournament. Department staff recruit, After School Energy (Elementary based train, and schedule all volleyball officials. after school programming) staff are excited • The 2025 Elementary Track Season is to take programming to the next level! In preparing to kick off its 60th year this response to requests from some of our March. A record 28 Elementary Schools schools, we've incorporated traditional from across the Kent School District will be sports into the schedule. We've created a represented. 1,100+ girls and boys in the programming schedule that aligns perfectly fourth and fifth grades will compete in 20+ with the Kent Parks recreation leagues, daily track meets from March 24 to May 1 seasons, and park amenities. For the past at Wilson Playfield. The 60th Junior 4 weeks, there has been focus on getting Olympics, slated for May 10 at French kids ready and excited about the upcoming Field, brings all 28 teams together in two Kent Parks Track Program. Staff are meets. This program employes 25+ encouraging students to get involved, seasonal employees and 28 team coaches. experience the joy of athletics, and • After months of planning and preparation participate in essential track and field skills. ; including participant registration, reviewing We're also emphasizing the incredible 0 and approving 123 scholarship requests, rewards—both individual and team-based— E team formation, volunteer coach that come with participating in track. Our ,° recruitment/training, verification of school goal is to inspire confidence, teamwork, gym use requests, jamboree/team and a love for physical activity. a pictures/game/and practice scheduling, The Spotlight Series got off to a great 2025 league meetings, sports official start with Jazz at Lincoln Center's New recruitment/training, team sponsor Orleans Songbook. An audience of 244 a solicitation, and equipment and team shirt (70% capacity) enjoyed the performance procurement, the youth basketball season on Friday, January 24. The next show in ) L has begun. The program includes 775 girls the 24-25 schedule is International Guitar and boys, pre-K through middle school and Night. The show will take place on Fri., o high school, on 82 teams, competing in Feb. 7 at 7:30 p.m. at Kent-Meridian PAC. > age-appropriate league play. Saturday and The show is already more than 80% sold. W weeknight play will continue through Charlene Burley - A Journey in Watercolor -1 March. is on display in the Centennial Gallery from c • Winter quarter registration is open for all January 7 through February 27. E winter quarter activities as well as Kent Senior Activity Center wrapped up w upcoming spring sports including t-ball, 2024 on a high note, making a meaningful tossball, and soccer. impact in the fight against hunger and U • Kent Parks Adaptive Recreation Hoopsters, loneliness among seniors during the c Tigers, and individual skills athletes have holiday season. The center provided takecc - been training diligently all season in home holiday meals to 200 seniors, preparation for the upcoming Special ensuring that these individuals could enjoy Olympics Sub-Regional Qualifier. This a warm meal and feel connected during c exciting event will take place on Saturday, this special time of year. U January 25, at the Fieldhouse Sports Riverbend Golf Complex in Auburn. Teams earning the • Hosted our third Winter Series event on gold medal at this competition will advance Saturday, January 25 with over 96 to the Special Olympics Regional participants. Our final Winter Series event Tournament on February 8. We are will be Saturday, February 22. incredibly proud of the dedication and hard • Currently accepting applications for 2025 work these athletes have demonstrated Men's and Ladies Club members. throughout the season and encourage • Finalizing outside event schedule. everyone to come out and show their Page 6 of 13 Packet Pg. 10 5.6 • Preparing summer schedule for junior Ave SE. Loss prevention observed a suspect golfers. concealing items in a baby stroller before • Group Lesson Golf instruction will attempting to leave the store. When commence in March, registration begins in confronted, the suspect brandished a the next 14 days. firearm and fled. • Continuing work on the teeing areas to On Wednesday, January 15, 2025, at 1:36 improve playing conditions. a.m., officers responded to an armed • Continuing restoration of "no mow" areas to robbery at the Red Lion Hotel, located at improve customer experience and pace of 25100 74th Ave S. The suspect entered the play. lobby, displayed a firearm, and demanded cash. After taking several hundred dollars, the suspect fled. Officers reviewed • surveillance footage and identified the suspect's vehicle, which had been stopped Events and awards received: by Auburn Police shortly after the robbery. • Staff Changes/Off-Boarding/On- On Wednesday, January 15, 2025, at — Boarding/Div Change/Promotions: approximately 4:00 a.m., officers E 0 1/28, Officer, Steiner, Sam, CRU, responded to a burglary in the 10200 block 0 Division Change of SE 270th St. The suspect allegedly E 0 1/31, Corrections Admin, Fuller, Jill, entered the residence through a dog door, ,° Retirement stole several sets of car keys, and fled in 0 2/1, Officer Jago, Greg, Promotion, Police one of the vehicles. 0 Sergeant On Wednesday, January 15, 2025, officers 0 2/1, Anderson, Michael, Corrections responded to a domestic incident in Officer Sergeant progress. Upon arrival, officers observed a 0 0 2/1, Detective, Melville, Tessa, Patrol, female attempting to climb from a balcony. Division Change An exigent entry was conducted, and after N 0 2/1, Officer Campbell, Justin, overcoming language and cultural barriers, Investigations, Division Change officers developed probable cause to arrest o 0 2/1, Officer Fisher, Matt, NRT, Division the husband for multiple charges. 0 Change On Thursday, January 16, 2025, at 1:02 :.- 0 2/2, Sgt. Vance, Heather, Recruiting, M Division Change p.m., officers responded to an armed 0 2/2, Assistant Chief, Hemmen, Eric, carjacking in the 300 block of 5th Ave S. •c The victim reported being approached by a E Support Services, Division Change suspect who initially asked for a cigarette a 0 2/2, Assistant Chief, Grove, Andy, Patrol, but later returned with a firearm, Division Change demanding the victim's vehicle. The suspect 0 2/2, Assistant Chief, Kasner, Jarod, fled in the vehicle, which was later Investigations, Division Change 2 recovered and processed for evidence. W Significant crime • On Saturday, January 18, 2025, officers activities/arrests/investigations • On , a suspect responded to a collision in the 23800 block of 68th Ave S. An Amazon semi-truck E eluded Puyallup PD and was observed by an dragged a Nissan Rogue under its trailer ci off-duty officer on Highway 167 near SR 18. after the vehicle became pinned. One adult The suspect drove northbound in the was extricated from the car by rescue southbound lanes, eventually crashing and personnel and transported to Harborview fleeing on foot. The suspect was Medical Center with suspected internal apprehended and turned over to Puyallup injuries. The driver of the semi-truck PD for further investigation. cooperated with the investigation. • On Tuesday, January 14, 2025, at 10:41 On Sunday, January 19, 2025, a man p.m., officers responded to an armed reported hearing gunshots while driving robbery at Safeway, located at 20800 108th northbound on Pacific Highway near Kent Page 7 of 13 Packet Pg. 11 5.6 Des Moines Road around 4:30 a.m. He later possibly involving several firearms. Upon discovered a bullet hole in his vehicle's arrival, a victim came forward, stating they trunk. Officers searched the area but were had been shot at by a described individual, unable to locate any evidence. who was later located and arrested. The • On January 20, 2025, at approximately motive for the incident is unclear. 10:53 a.m., patrol responded to Back 40 On January 25, 2025, at approximately Outfitters, located at 200 W Meeker St, 6:44 a.m., patrol responded to Union Bay, regarding a commercial burglary. Upon 21200 72nd Ave S, regarding several arriving for work, employees reported that vehicle break-ins. Patrol contacted they discovered the back door had been numerous victims, and nine vehicles were damaged and approximately $20,000 worth reported broken into at this location. Later, of camping equipment was missing. Patrol patrol responded to Continental Mills, 7800 responded and called AFIS, which processed S 192nd, where additional vehicle break-ins a the scene and other evidentiary items. occurred. The exact number of affected • On Monday, January 20, 2025, officers vehicles is still under investigation. The responded to a road rage incident in a series of break-ins is also believed to have Safeway parking lot. The suspect allegedly extended into Renton. ; pointed a firearm at the victim and fled in a On January 25, 2025, at approximately L) vehicle. The investigation later linked the 12:22 a.m., a vehicle theft report was taken E case to a call in Auburn, where suspects by phone for a 2021 Hyundai Tucson stolen 0 were arrested, and a shotgun was from Water's Edge Apartments. Less than recovered. 15 minutes later, at approximately 12:35 a • On January 21, 2025, at approximately a.m., patrol located the vehicle near Russell 9:14 p.m., patrol responded to the 24000 Rd/Central Ave S and initiated a traffic stop, block of Pacific Highway S regarding a resulting in the driver's arrest without a carjacking. The victim, borrowing a friend's incident. car, noticed the oil light was on and pulled On January 25, 2025, at approximately ) L over to check under the hood. When the 8:39 a.m., patrol responded to Bank of victim returned to the vehicle, an unknown America, 300 4th Ave S, for an attempted o person was seated in the driver's seat. The robbery. The victim had withdrawn money suspect displayed a firearm, threatened to from the ATM when the suspect approached shoot the victim, demanded the victim's and demanded the money. The victim N phone, and fled in the vehicle. refused and walked to their car, with the • On January 23, 2025, officers responded to suspect briefly following before abandoning E Lowes on West Hill for a known shoplifter. the attempt. Moments later, the same w The suspect had left the scene before their suspect successfully robbed a second victim °' arrival, but one officer located the suspect's at a nearby BECU ATM. vehicle traveling northbound on 30th Ave. On January 25, 2025, patrol located an c After a traffic stop, the suspect initially occupied stolen vehicle downtown. They W provided a false name. An AFIS scan coordinated with other units that flooded .2 revealed the suspect's real identity and the area. Spike strips were deployed at the multiple warrants, including a DOC escape exit from the library on 2nd St. After a c warrant and extradition warrants from the short pursuit and foot chase, one individual L) Oregon Parole Board. The suspect was was arrested concerning the stolen vehicle. connected to a "crew" that had stolen over On January 27, 2025, at approximately $70,000 worth of items from Lowes, with 7:40 p.m., Kent units responded to reports additional victims identified through the of an illegal discharge at Kentridge High suspect's belongings. School. Witnesses reported hearing two • On January 24, 2025, at approximately gunshots with people seen running through 2:15 a.m., patrol responded to 23800 30th the parking lot during a basketball game. Ave S regarding a shooting. The call was Upon arrival, officers could not locate initially reported as an illegal discharge, witnesses or any individuals with injuries. A Page 8 of 13 Packet Pg. 12 5.6 follow-up by another officer revealed City as well as Environmental and many surveillance footage showing two males reports to be written explaining Kent's involved in a physical altercation, after successes in completing NPDES Permit which one suspect fired two rounds at the requirements. Thank you to all who are victim, who fled on foot. The suspect also submitting the data needed for the Annual fled, and one casing was found at the Report! scene. Tree Canopy Program: Staff have been meeting with representatives from other PUBLIC WORKS City departments to work on developing a Environmental citywide Tree Canopy Program, including • Lake Fenwick Alum Treatment: We are GIS mapping and new requirement underthe NPDES Permit. reviewing the draft compiled monitoring Design report for the alum treatment discussing West Hill Water Booster Pump Station: the trend on various water quality Modeling contract work mostly complete, _ parameters measured and providing consultant working to finalize the report. recommendations. 24/25 Watermain Improvements: Project • Integrated Aquatic Vegetation Management advertised on 1/14/25 with a 1/28/25 bid Plan (Lake Meridian): Consultant selection opening and Council on 2/4/25. Work to be E has been completed. A Request for Contract completed on Smith prior to King County ,° will be routed after a formal proposal from Metro (I Line) improvements. the consultant is received. . 81s' Stormwater Pump Station: Re-bid the a • Cross Connection Control: Private backflow project on 1/23/25 with a 2/11/25 bid projects permitting and installation being opening (Council on 2/18/25). Site V coordinated with customers. Acquisition/TCE from Hexcel still underway. Q. • Adopt-A-Street/Spot: Adopter recognition . Vactor Site Expansion: Site visit with night will be on Tuesday, February 41", Operations and Environmental last week to N during the Council Meeting. evaluate site conditions and Site needs. U • King County Solid Waste News: King County • 2025 Pavement Preservation: 90% plan o transitioned to a 5-day hauling and tipping review anticipated to be distributed by the schedule at the landfill as of January 18. end of Jan. This is a 1-year pilot to try to increase . Mill Creek ReEstablishment - Little Property N efficiencies and reduce costs. Kent to meet Floodplain Channel: Watermain break at with King County on Jan 29 to discuss the project site has flooded site and continues E King County plan and its impacts to the to discharge water at a reduced flow until a City's solid waste management activities. final repairs are completed. Team • Desimone Levee Repair: This project, which evaluating existing easements and was being led by the Corps of Engineers in coordinating with permitting agencies about c partnership with Tukwila and the King changes. Continuing coordination with W County Flood Control District, has been Lumen for facility relocation - sent draft cancelled by the Corps. It was intended to construction agreement language to Lumen ' repair damage from the February 2020, E for review. E flood event, and bring portions of the levee MMoM - Washington/Thompson Ave to ci to 500 year flood levels. King County and Interurban Trail: 60% review completed Jan the Flood Control District are evaluating 2. Met with transportation team to discuss options. comments. Continuing coordination with • Annual NPDES Report: Staff are working on Parks on project adjacent at Interurban trail the Annual Report for the Department of and with ECD on the adjacent Naden site. Ecology. This report documents our Canyon Dr & Weiland St Access Control: program implementation efforts for the Received channelization plans from previous year. This includes data from consultant. Design team reviewing in many other departments throughout the preparation for submittal to WSDOT. Page 9 of 13 Packet Pg. 13 5.B • 104th Ave Pedestrian Safety Improvements: Received channelization plans from consultant. Design team reviewing in preparation for submittal to WSDOT. • SR 99 Pedestrian Hybrid Beacon - S 250th St Vic.: Basis of Design, Safety Analysis and Channelization plans submitted to WSDOT Jan 24. Anticipate . Reith Road Roundabouts: New roundabouts comments late February. are now open to uphill and downhill traffic. • Pedestrian Hybrid Beacon - 108th Ave SE at New light poles are being delivered, and the Panther Lake Library: Preparing to meet Service cabinet at Lake Fenwick Rd has with WSDOT to discuss alternate location been installed. Currently working on the for one Pedestrian Hybrid Beacon. Meeting cabinet at 253rd. Topsoil and mulch is being co with WSDOT Jan 28 to discuss location to placed, and general site cleanup is ongoing. gain concurrence with proposed change. 2024 Pavement Preservation: Seasonal, U • 2026 Pavement Preservation: PW managers partial project suspension issued December S to provide scope of work request by end of 9 through March 30, 2025. Non-weather U January. Scope meeting scheduled for Feb dependent activities may take place during c 10. partial suspension with City approval of • 64th Ave S/W James St - NHS Asset Contractor requests. (2) of (3) Speed Management: Documents requesting Cushions completed at 104th & 272nd. a obligation of design funds sent to WSDOT Abandoned vehicle left directly on the for approval. Anticipate receiving notice of centerline of the southern-most cushion on funds available to invoice in Feb. 104th has been removed. Awaiting 0. Construction contractor schedule to return and finish. W • Mill Creek / 7611 Avenue S Culvert Safe Routes to Schools - School Zone ) Improvements: The construction detour for Flashers: Bases, posts, signs, beacons, and 4' the closure of 761" Ave S between S 212th St solar panel installation complete at: p and S 2281" St is ongoing and will be in o Sunnycrest Elementary (Beacons 1-4) 0 place through October 2025. Business o Star Lake Elementary (Beacon 5) W access is being maintained. New water main o Park Orchard Elementary (Beacon 6 & N installation across driveway bridges is supplementary solar panel post) complete and insulation wrap surrounding o Sunrise Elementary (Beacons 7-9) the exposed pipe is being placed. Crews o Millenium Elementary (Beacons 10,11) w have completed forming the cap for wall 5 o Neely O'Brien Elementary (Beacons and are now forming the girder stops. 13,14) U c o M V 'z •c �. 3 ..L _ E 0 U Page 10 of 13 Packet Pg. 14 5.B 23-3 ..• - SCHOOLZONE FLASHERS f 1- / I LIMIT .; �•. co SUNRISE U U ELEMENTARYBEACON#7 0 • S 218th Street/98th Avenue S from 94th = c Place S to S 216th Street: The closure of S 218th St / 98th Ave S from 94th PI S to S ` 216th St is in place. This closure and its 3`- detour routes will be in place until October = _ W 2025. Trenching for the installation of PSE conduit has begun. Sewer mainline work is 04K °� complete and side sewer installation has :;���� started. Retaining Wall 6 construction is �: , k L being completed and Wall 4 revision work ` l will follow. o • Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave - Intersection: Storm work on the North side N of Meeker wrapped up on Thursday • Kent East Hill Operations Center 'c 1/23/25. Westbound traffic reduced to one (KEHOC) - Power and Fiber: Contractor 'D lane to facilitate water main/ hydrant work. began site work on 1/20. Directional a A water main shut down is scheduled for drilling for power conduit installation is Wednesday the 29th between 10:00 p.m. to underway on 1241h Ave and will continue U 4:00 a.m. Night Work one night only. Crews for several weeks. Vault c installing 2 new tee fittings on 12" water excavation/installation is expected to M main and 1 new 12 gate valve for isolation begin this week. Streets on the main per change order due to E existing conditions. Crews will begin • Street Maintenance crews prepared area E installing 2 new hydrants on North side of and poured new sidewalk on S 231s' St U Meeker east of the 64th intersection. between 64th Ave S and 681h Ave S and at • Willis Street Improvements: The electrical 4559 S 251s' PI, placed no parking subcontractor is excavating power trenches. barricades, prepared curb for pour and Storm pipe and catch basin installation is poured new curb at 12519 SE 2131h St, ongoing. Grading and prep for the curb & cleaned the street on W Smith St between gutter on the Naden property has begun. 4th Ave N and N Lincoln Ave, N Lincoln Ave between W Smith St and W Meeker St and on W Meeker St between 64th Ave N and Washington Ave N, shimmed a trip hazard Page 11 of 13 Packet Pg. 15 5.B at 18430 E Valley Hwy, repaired sidewalk at prepared plants for planting at the Downey 10433 SE Kent Kangley Rd, cleaned site, line trimmed, mulched, removed sidewalks on S 212t" St on the south side of weeds and planted at the East Clark Springs the SR 167 overpass, hauled spoils to the site and transplanted and cut at the Green Renton Recyclers and tested the snow and River Natural Resource Area (GRNRA) ice equipment in preparation of Winter Nursery. weather. Water/Sewer • Signs and Markings crews installed bases Water Distribution crews performed water and signs for the retro-reflectivity program main cleaning at 123rd PI SE and SE 2515t PI on SE 236t" PI, east of 104t" Ave SE, and at S 2341" PI and 94t" Ave S, installed a installed signs for the retro-reflectivity sample station at E Guiberson St and program on 96t" Way S, north of S 208t" St Kennebeck Ave S, removed a sample and performed sign maintenance and station for the contractor at 116t" Ave SE, responded to service requests at various performed annual valve turning at the West locations Citywide. Hill, built new sample stations for future = • Solid Waste staff cleaned up debris along installs and cleaned and organized the 124t" Ave SE from SE Kent Kangley Rd to outside water shed area. ; SE 248t" St, Military Rd S from S 272nd St to Hydrant crews installed a foot valve and 0 Reith Rd, 108t" Ave SE from SE Kent reset a hydrant, tore down hydrants for E Kangley Rd to the City limits and along S distribution cubing, repaired a hit hydrant ,° 212t" St from Riverview Blvd to the City at 106t" Ave SE and SE 240t" St and at SE limits and performed hot spot inspections 2615t St and 104t" Ave SE, raised a hydrant a and responded to service requests at at the 23800 block of Lakeside Blvd E, various locations Citywide. rebuilt a hydrant used by Operations for • Water Vegetation crews line trimmed, Vactor filling at the 6600 block of W Smith a mowed, pruned, weeded and cleaned up St, flushed and purified 16" water main for debris at Seven Oaks, Kent Springs and at the contractor at SE 240t" St and 104t" Ave N L the West Hill sites, pruned and cleaned up SE and installed radio read meters for debris at the Blue Boy Tank, and cleaned up Customer Service at various locations o debris at the 3.5 MG Tank and at the Elk citywide. Run Water Easement. Sewer crews upgraded and adjusted the HD • Street Vegetation staff scheduled lift truck camera in the TV truck, performed manhole N tree work at S 208t" St and 87t" Ave S and checks at E Walnut St and Maplewood Ave, c at 135t" Ave SE and SE 274t" St, if truck installed a Quiklok pipe repair at 25012 E repairs are finished, cleaned up the 104t" Ave SE, hauled Vactor spoils, w backside of James St Hill and treated performed sewer line cleaning at 104t" Ave weeds, weather dependent, line trimmed SE and SE 237t" St, TV inspected the storm and picked up debris on Veterans Dr from line for the 83rd Ave sidewalk project, c Frager Rd Military Rd S, Reith Rd from Lake cleaned the sewer line at the laydown yard, Fenwick Rd to 4211 Ave SE and on S 259t" asphalted the approach at the Solids site St from Military Rd S to 30t" Ave SE and and performed manhole inspections and responded to service requests at various sewer line checks at various locations c locations citywide. citywide. U • The Sidearm mower crews line trimmed and Source, Supply and Pumpstations cleared debris on 116t" Ave SE from SE SCADA staff worked on troubleshooting 256t" St to SE 208t" St, installed a new gate issues at Pump Station #3 and #4, and bicycle access at Frager Rd, south of W performed lighting work at the GRNRA, Meeker St and cleaned up wood debris at worked on Wonderware and Win-911 the Downey Farmstead Access site and at improvements, replaced the antenna at Van De Vanter Ave and E Carter St. Clark and Kent Springs, updated the • Wetland Mitigation crews line trimmed, program at Pump Station #3, finished removed weeds and dead plants and preparing the contract for the PLC upgrade Page 12 of 13 Packet Pg. 16 5.6 at Guiberson, installed new motor starters Holding Pond crews removed trees at at the Horseshoe Sewer Pump Station and Hillside Manor at 9617 S 244t" PI, Country worked on troubleshooting two pump run View Estates Bioswale at 22519 110t" Ave issues and programmed the Red Lion at SE, the Boeing Holding Pond at 20602 66t" Pump Station #6. Ave S and at Pacific Terrace at 24825 107t" • Source and Supply staff worked on Ave SE, removed blackberries at Pacific maintenance of the generators at Clark Heights at 25511 122nd PI SE and at Springs and at Kent Springs, performed Lexington Subdivision at 14210 SE 279t" St, Pressure Reducing Valve (PRV) checks at and removed overhanging limbs with the various locations Citywide, replaced the pole saw at Eastmont at 10815 SE 244t" St. remaining air vacs at the 212t" Treatment Fleet/Warehouse Plant, replaced the thermostat, sump pump The Warehouse crews have performed and lights at SSP3 and assisted with the annual inventory physical counts and a fence repair at Clark Springs. recounts, worked on the small attractive • Pump Station crews inspected and cleaned asset inventory, continued with staff the check valves and finished the wet well training on Cityworks, warehouse purchase work at Lindental, installed a new impeller orders and other various warehouse ; at the Horseshoe Storm Pump Station, processes, worked on forklift certification L) cleaned and prepared the Pump Station and recertification classes, continued to E office for the KEHOC move and performed assist with CDL training, maintained the ,° Sewer and Storm pump station checks at shops yard, keeping it clean and free of various locations citywide. litter and debris, cleaned and maintained a • Water Quality staff worked on January work the wash rack, washed and vacuumed orders and performed T-run and wellhead motor pool vehicles, issued Personal sampling at various locations citywide. Protection Equipment (PPE) and motor pool Q. Storm Drainage/Vegetation: vehicles to staff and hydrant meters and • Storm crews extended a culvert at 114t" public notice boards to contractors, repaired N L Ave SE and SE 266t" St, removed a pipe small equipment as needed, received parts 41 plug at 80t" Ave S and S 259t" St, and inventory orders, picked up and o performed line cleaning for TV at 125t" Ave delivered the inner-office mail and hauled > SE and SE 213t" St, performed line cleaning spoils as time and equipment were for Engineering at 83rd Ave S and S 224t" available. N St, flagged for manhole and hydro- • Fleet staff have worked on new vehicle •c excavating at 8616 S 208t" St and checked builds of PD Escapes for Detectives, set up E storm system hot spots and responded to of miscellaneous items in Police trucks, had w service requests at various locations police vehicles out at the body shop for citywide. Crews also performed National repairs, worked on the ongoing recalls at U Pollutant Discharge Elimination System the Ford dealership, performed air brake c (NPDES) inspections at S 216t" St and 94t" inspections, prepared the last of the PI S and at S 208t" St and 93rd PI S and vehicles for the auction on 2/4, and worked performed NPDES pumping and NPDES on scheduled and non-scheduled repairs at various locations citywide. maintenance repairs. c • Wetland Maintenance crews installed a U fence at the Gorilla Warehouse wetland at ### 72nd Ave S and S 196t" St and at 12616 SE 231St St, trimmed trees at 12423 SE 280t" St, planted at Signal Electric at 933 3rd Ave S, cleaned up litter and debris at 23101 to 23307 Frager Rd S for SR 56041, performed nursery work, and inspected wetland sites for Homeless activity at various locations citywide. Page 13 of 13 Packet Pg. 17 8.A.1 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS M IN G 7 0 N January 21, 2025 Date: January 21, 2025 Time: 5:15 p.m. Place: Chambers I. CALL TO ORDER Council President Kaur called the meeting to order. Attendee Name _ Title Status Arrived Satwinder Kaur Council President Present 0 Bill Boyce Councilmember Excused John Boyd Councilmember Present 0 a Brenda Fincher Councilmember Present 0 Marli Larimer Councilmember Present Zandria Michaud Councilmember Present a LO Toni Troutner Councilmember Present r Dana Ralph Mayor Present LO LO N O II. PRESENTATIONS N 1 2024 Transportation Grant Summaries David Paine 45 MIN. c and 2025 Grant Opportunities 4- 0 Transportation Planner, David Paine provided the Council with an update 0 on 2024 Transportation Grant Summaries and 2025 Grant Opportunities. 2024 Transportation Grants c Major sources of funding included Legislative appropriation and competitive grants. a Paine provided a recap of the grant awards from 2024. Grants were awarded from the Puget Sound Regional Council for the following ; projects: ` • Meet Me on Meeker - Interurban to 6th Ave S • Earthworks Park to Downtown Connection • S 212th Street Preservation • S 196th Street Preservation WSDOT awarded a grant for the SR 99/Pacific Highway - Pedestrian Hybrid Beacon between S 244th and S 246th The Transportation Improvement Board grants are for the following projects: Packet Pg. 18 8.A.1 City Council Workshop Workshop Regular January 21, 2025 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... • 132nd Ave SE Multi-use path (north of SE 240th) • 83rd Ave SW Sidewalk • 132nd Ave SE Sidewalk (north of SE 278t" PI) Next steps include formally accepting the grants, updating the Transportation Improvement Plan, and finally implementing the projects. The 2026 - 2031 Transportation Improvement Program The Transportation Improvement Program is a 6-year workplan of N projects in development and underway. c Paine walked the Council through the schedule starting in January and ending with the adoption of the plan in May. ° O The Performance Measures Dashboard was reviewed. Staff is constantly a looking at how they are doing. a Meeting ended at 5:40 p.m. LO r 6 K trnib,eei,Le,/A. x ay 4t0- N CD City Clerk N N C R 4- 0 N N r 7 C O U C O r.+ N V V Q N d 7 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 19 8.A.2 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N January 21, 2025 Date: January 21, 2025 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. c 2. ROLL CALL Attendee Name itlle= Status Arrived ° Dana Ralph Mayor Present c Satwinder Kaur Council President Present a 0. Bill Boyce Councilmember Excused John Boyd Councilmember Present Brenda Fincher Councilmember Present a 0 Marli Larimer Councilmember Present Toni Troutner Councilmember Present N Zandria Michaud Councilmember Present N N 3. AGENDA APPROVAL A. I move to approve the agenda as presented. — a� RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Troutner, Michaud o a as 4. PUBLIC COMMUNICATIONS a A. Public Recognition c L Employee of the Month Mayor Ralph recognized Assistant City Attorney, Logan Todd as the January Employee of the Month. City Attorney, Tammy White and Deputy City Attorney, Christina Schuck also expressed appreciation of Logan and his work. ii. Reappointment to the Independent Salary Commission Mayor Ralph requested Council confirm her appointment of Julie Miller to the Independent Salary Commission. Packet Pg. 20 8.A.2 Kent City Council City Council Regular Meeting January 21, 2025 Minutes Kent, Washington iii. Proclamation for National Mentoring Month Mayor Ralph presented the Proclamation for National Mentoring Month to Carmen Goers from Eileen & Callie's Place and Jolynn Kenney from Mentor Washington. Both expressed appreciation of the Proclamation. B. Community Events Council President Kaur announced upcoming events at the accessoShoware Center, and Councilmember Fincher announced upcoming Spotlight Series events. C. Public Safety Report Chief Padilla presented the Public Safety Report and introduced new Corrections Officer Officer Jasyn Dimitroff, Corrections Officer Jaden Gomez, o Corrections Officer Bryce Moore, Officer Evan Curtis and Officer Conner CE Thompson. Mayor Ralph officially swore in the officers. a a Chief Padilla provided an overview of the status of staffing. a a Year-end statistics were reviewed that included an overall reduction in crime o since 2023. Chief Padilla provided an overview of 2024 homicides. LO N O Chief Padilla gave the Council a look at what to expect in 2025, including: N • Adding new Sergeants N • Deploying Fleet Cameras that have automated license plate reader M capabilities - • Deploying a new records management system r Operationally, the Police Department will: • Deploy proactive, preventative patrols • Increase the crime reduction unit • Have a broader deployment of specialized units. 2 a� Chief Padilla advised the upcoming Police 24/7 TV series that will feature a Kent. r c 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves as the Chair of the Transportation Policy Board that continues to develop the Transportation Plan. Mayor Ralph provided a recap of her recent trip to Washington DC to attend the US Conference of Mayors. Mayor Ralph serves as the Vice Chair on the US Mayor's Transportation Committee that is studying the various impacts of additional truck traffic. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 21 8.A.2 Kent City Council City Council Regular Meeting January 21, 2025 Minutes Kent, Washington Mayor Ralph talked about Kent's Sister Cities Program. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick advised staff is reviewing and commenting on bills for the current Legislative Session. Fitzpatrick advised he and Council President Kaur are meeting with the facilitator for the upcoming Council Retreat to develop the agenda. The retreat will be held on March 7tn a� r Fitzpatrick advised two fiber companies are interested in bringing fiber to Kent and that he will provide future updates. — C. Councilmembers' Reports ; 0 L Council President Kaur provided an overview of today's Committee of the a Whole and workshop agenda items. a Kaur serves as the Chair of the Puget Sound Clean Air Advisory Council that o received a briefing on seasonal wood smoke, and an update on the Climate Pollution Reduction Grant. LO N Co N Councilmember Troutner serves on the Regional Transit Committee that is cm developing their workplan. Additionally, Troutner advised King County received $85M in federal funding for the Rapid Ride I-line project. 4- 0 Troutner advised she was recently elected to serve as the Chair for the Puget r Sound Regional Fire Authority Governance Board for 2025. c Councilmember Michaud serves as the subject matter expert for the Parks items on the Committee of the Whole and provided a recap of the agenda item from today's meeting. Michaud is the Council liaison for the Kent Human Services Commission and a advised the Commission toured Vine Maple Place. Michaud indicated Kristen Holdsworth, the City's Long Range Planning Manager gave a presentation on the 2044 Comprehensive Plan. The Commission also approved an Opportunity Fund Grant to Mercy Housing to support the youth initiatives. Councilmember Larimer serves on the King County Ageing and Disability Advisory Council that reviewed their legislative agenda. Larimer serves as the subject matter chair for the Economic and Community Development items on the Committee of the Whole and provided a recap of the agenda item from today's meeting. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 22 8.A.2 Kent City Council City Council Regular Meeting January 21, 2025 Minutes Kent, Washington Councilmember Boyd serves on the Local Hazard and Waste Management committee and provided an overview of the recent meeting, including discussing rates. Councilmember Fincher serves as the Council liaison on the Kent Arts Commission and advised the concert series is moving to Morrill Meadows Pa rk. Fincher serves as the subject matter expert for the Public Works items on the Committee of the Whole agenda and provided an overview of the two agenda items from today's meeting. 6. PUBLIC HEARING — CE None. 0 L Q 7. PUBLIC COMMENT a None. a S. CONSENT CALENDAR c I move to approve Consent Items A - F. N Co CN RESULT: APPROVED [UNANIMOUS] N MOVER: Satwinder Kaur, Council President r- SECONDER: John Boyd, Councilmember - AYES: Kaur, Boyd, Fincher, Larimer, Troutner, Michaud c A. Approval of Minutes i. City Council Meeting - City Council Regular Meeting - Dec 10, 2024 7:00 c PM a B. Payment of Bills - Approve MOTION: I move to approve the payment of bills received y through 11/15/24 and paid on 11/15/24; approve the checks issued for payroll 11/1/24 - 11/15/24, and paid on 11/20/24; approve the payment of bills received through 11/30/24 and paid on 11/30/24; and approve the checks issued for payroll 11/16/24 — 11/30/24 and paid on 12/5/24, all audited by the Committee of the Whole on 12/10/24. C. Reappointment to the Independent Salary Commission - Confirm ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 23 8.A.2 Kent City Council City Council Regular Meeting January 21, 2025 Minutes Kent, Washington MOTION: I move to confirm the Mayor's reappointment of Julie Miller to the Independent Salary Commission for a four-year term commencing on January 18, 2025 and ending on January 17, 2029. D. Targeted Residential Investment Program - Agreement for The Suton - Authorize MOTION: I move to authorize the Mayor to sign a contract with SUT 565, LP granting an 8-year Multifamily Tax Exemption for The Suton apartment complex to be constructed in the Midway area of Kent, subject to final terms and conditions acceptable to the Economic & Community Development Director and City Attorney. — E. Introduction of Ordinance No. 4512, Granting a Non-ExclusiveCE 10-Year Franchise with Ezee Fiber Texas, LLC a a MOTION: I move to introduce Ordinance No. 4512 at the a January 21, 2025, City Council meeting, which if later adopted by Council, will grant a non-exclusive 10-year franchise with o Ezee Fiber Texas, LLC for the installation of a fiber optic network, subject to final franchise terms and conditions N acceptable to the City Attorney. N F. Excused Absence for Councilmember Boyce - Approve N c MOTION: I move to approve an excused absence for Councilmember Boyce for the meeting of January 21, 2025. o a� r 9. OTHER BUSINESS None. ai 10. BIDS a None. a 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION r None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 7:59 p.m. Kerley A. K& oto- City Clerk ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 24 8.B • KENT W A 3 M I N G T O N DATE: February 4, 2025 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 12/15/24 and paid on 12/15/24; approve the checks issued for payroll 12/1/24 - 12/15/24; approve the payment of bills received through 12/31/24 and paid on 12/31/24; and approve the checks issued for payroll 12/16/24-12/31/24 and paid on 1/3/25, all audited by the Committee of the Whole on 1/21/25. SUMMARY: Approval of payment of the bills received through: 12/15/24 and paid 12/15/24 Approval of checks issued for Vouchers: Date Document Numbers Amount 12/15/24 Wire Transfers 10449 10468 $ 3,276,729.97 12/15/24 Regular Checks 784070 784358 $ 3,742,797.12 12/15/24 Payment Plus 106480 106511 $100,824.67 Void Checks Void Payment Plus $0.00 12/15/24 Use Tax Payable $1,401.76 Total Accounts Payable: $7,121,753.52 Approval of checks issued for Payroll: 12/01/24-12/15/24 and paid 12/20/24 Date Document Numbers Amount 12/20/24 Checks $2,567,772.21 Voids and Reissues $0.00 12/20/24 Admces FR&P 463828 463834 $4,541.59 Total Payroll: $2,572,313.80 Approval of payment of the bills received through: 12/31/24 and paid 12/31/24 Approval of checks issued for Vouchers: Date Document Numbers Amount 12/31/24 Wire Transfers 10469 10486 $2,615,393.23 12/31/24 Regular Checks 784359 784678 $8,260,220.50 12/31/24 Payment Plus 106512 106534 $52,320.71 Void Checks Void Payment Plus $0.00 12/31/24 Use Tax Payable $683.16 Total Accounts Payable: $10,928,617.60 Approval of checks issued for Payroll: 12/16/24-12/31/24 and paid 01/03/25 Date Document Numbers Amount 01/03/25 Checks $2,596,038.11 Voids and Reissues $0.00 01/03/25 AdNices FR&P 463835 463841 $4,541.59 Total Payroll: $2,600,579.70 Packet Pg. 25 8.B BUDGET IMPACT: 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: John Boyd, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 26 8.0 • KENT W A S M I N G T O N DATE: February 4, 2025 TO: Kent City Council SUBJECT: Ordinance Authorizing Fiber Franchise with Ezee Fiber Texas, LLC - Adopt MOTION: I move to adopt Ordinance No. 4512, granting a non-exclusive 10-year franchise with Ezee Fiber Texas, LLC for the installation of a fiber optic network, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Ezee Fiber Texas, LLC (Ezee) has applied for a franchise with the City to construct and install a fiber optic network throughout the City to provide telecommunications services, including internet access services to residents and businesses within the City. City and Ezee staff have been working together over the past several months to negotiate the terms of this franchise agreement. The terms are very similar to those included in existing franchises governing the installation of fiber in the right- of-way. This franchise has a 10-year term and includes standard terms governing the construction, operation, and maintenance of Ezee's fiber optic network and related equipment. Because Ezee is registered as a telecommunications company with the Washington State Utilities and Transportation Commission, the City is not allowed to charge a franchise fee under state law, but it can recover administrative costs for the drafting and processing of the franchise and for other costs and expenses related to the administration of the franchise and presence of facilities within the right-of-way. State law prohibits an ordinance granting a franchise from being adopted on the day it is introduced. Accordingly, the franchise was considered by the Committee of the Whole on January 21, 2025; introduced to Council on the consent agenda on January 21, 2025, as an information only item; then considered for adoption at the February 4, 2025 Council Meeting. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 27 8.0 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Ezee Franchise - Ordinance (PDF) 2. Ezee Fiber Franchise Agreement(PDF) 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: John Boyd, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 28 8.C.a m a� N W t 3 a� N L V C R L U_ ORDINANCE NO. 4512 a� 0 m AN ORDINANCE of the City Council of the City of Kent, Washington, granting Ezee Fiber x Texas, LLC a 10-year non-exclusive franchise, and w authorizing the Mayor to sign all documents 0 necessary to implement the full terms of the negotiated agreement. ,L^ V N r LO RECITALS o z W U c A. Ezee Fiber Texas, LLC, a Delaware Limited Liability Company, ("Ezee") has requested that the Kent City Council grant it a non-exclusive pL 4- franchise to construct, maintain and operate a fiber optic network in the 0 c 0 City of Kent's ('City") Right-of-Way to provide telecommunications U services, including internet access services and Voice over Internet o .W Protocol services. ` N B. RCW 35A.47.040 allows the City to grant nonexclusive N franchises to utility and cable providers for their use of City Right of Way but prohibits an ordinance granting a franchise from being adopted until at least five days have passed after it is first introduced to the City Council. o This franchise was presented to the Committee of the Whole on January N 21, 2025, and first introduced to Council at its regular meeting on that U same date. Then, it was presented to Council a second time at its regular U_ meeting on February 4, 2025. N r 1 Fiber Franchise Authorized - m Ezee Fiber Texas, LLC E 0 r a Packet Pg. 29 8.C.a a� C. Through this ordinance, the City grants a 10-year franchise to N w Ezee and authorizes the Mayor to sign all documents necessary to fully r implement the agreement negotiated between the City and Ezee. N _ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, w WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: aD 0 ORDINANCE aD SECTION 1. - Franchise Granted. The Fiber Franchise Agreement 3 0 between the City of Kent and Ezee Fiber Texas, LLC substantially in the w _ form attached and incorporated as Exhibit A, is hereby granted. Upon Z Ezee's acceptance of the Fiber Franchise Agreement, the Mayor is r authorized to execute the same on behalf of the City, subject to those L changes that are not material in nature and may be authorized by the City N Attorney. v 0 z a� SECTION 2. - Mayoral Authorization. The Mayor is further _ authorized to execute all documents necessary to implement the full terms 0 of the negotiated franchise. — 0 SECTION 3. - Severability. If any one or more section, subsection, 0 L or sentence of this ordinance is held to be unconstitutional or invalid, such c decision shall not affect the validity of the remaining portion of this M N ordinance and the same shall remain in full force and effect. a� _ SECTION 4. - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City's legislative body, is not subject 0 aD to referendum. It shall be published and will take effect thirty (30) days after its passage. The Fiber Franchise Agreement, however, shall become L w effective only upon its acceptance by Ezee and execution by the Mayor. N W r 2 Fiber Franchise Authorized - _ m Ezee Fiber Texas, LLC E t w r Q Packet Pg. 30 8.C.a m Should Ezee fail to timely file its written acceptance of the Fiber Franchise N w Agreement, Ezee will be deemed to have rejected and repudiated the Fiber 3 Franchise Agreement and the franchise will be voidable by the City. y L U- February 4, 2025 a� DANA RALPH, MAYOR Date Approved c as ATTEST: x w February 4, 2025 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c February 7, 2025 Date Published c� N r LO APPROVED AS TO FORM: Z W U c c TAMMY WHITE, CITY ATTORNEY 0 4- 0 c 0 U 0 0 L ♦+ N M N N V C R C L d V L LL N W r 3 Fiber Franchise Authorized - m Ezee Fiber Texas, LLC E r a Packet Pg. 31 8.C.b EZEE FIBER TEXAS, LLC AND THE CITY OF KENT, WASHINGTON 3 as FIBER FRANCHISE AGREEMENT c L LL L SECTION 1. - Definitions. In addition to terms otherwise defined herein, the following definitions shall apply generally to the provisions of this Franchise. a� .y 3 1.1 "Affiliate" means any Person that now or in the future, directly or indirectly x w controls, is controlled with or by, or is under common control with Franchisee. o z 1.2 "'Applicable Laws" means any local, federal, or state statute, law, regulation, or other legal authority governing any of the matters addressed in this Franchise, as N all now exist or as later amended or superseded. � 6 z 1.3 "City" means the City of Kent, Washington, a Washington municipal U corporation. L O W O 1.4 "'Control" means, with respect to: (i) a U.S. corporation, the ownership, o directly or indirectly, of 50% or more of the voting power to elect directors thereof, U or (ii) a non-U.S. corporation, if the voting power to elect directors thereof is less c than 50%, the maximum amount allowed by Applicable Laws; and (iii) any other N Person, 50% or more ownership interest in this Person, or the power to direct the N management of such Person. a� E a� L 1.5 "'Director" means the Public Works Director, Economic and Community a Development Director or designee. N U L 1.6 "Emergency Situation" means a condition posing an imminent threat to U_ a� property, life, health, or safety of any Person or entity. U. a� a� N W 1.7 "Facilities" or "Network" means one or more elements of Franchisee's fiber a� network, with all necessary aerial or underground fiber optic cables, lines, wires, or E Page 1 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 32 8.C.b strands and associated appurtenances; underground conduits, vaults, access 3 manholes and handholes; electronic equipment; power generators; batteries; An pedestals; boxes; cabinets; vaults; and other similar facilities. New utility poles or L towers for overhead wires, cabling or antennas are specifically excluded. LL L 1.8 "Force Majeure Event" means natural disasters, civil disturbances, work � a� stoppages or labor disputes, power outages, telephone network outages, and severe or unusual weather conditions which have a direct and substantial impact on the x w Franchisee's ability to provide Services in the City and which was not caused and o z could not have been avoided by the Franchisee which used its best efforts in its operations to avoid such results. ,L^ V N 1.9 ""Franchisee" means Ezee Fiber Texas, LLC a Delaware Limited Liability ,I, Company. 6 a) U 1.10 "Hazardous Substances" means any substance or material that is regulated L by any current or future federal, state, or local statutes, regulations, ordinances, and o w 0 rules relating to: the emission, discharge, release or threatened release of any o hazardous substance into the air, surface water, groundwater or land; the U manufacturing, processing, use, generation, treatment, storage, disposal, c transportation, handling, removal, remediation or investigation of a hazardous N material; and the protection human health, safety, or the indoor or outdoor N environment, including without limitation the Comprehensive Environmental a� Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq.; the Hazardous a� L Materials Transportation Act, 49 U.S.C. §§ 5101, et seq.; the Resource Conservation a and Recovery Act, 42 U.S.C. §§ 6901, et seq.; the Toxic Substances Control Act, 15 N U.S.C. §§ 2601, et seq.; the Clean Water Act, 33 U.S.C. §§ 1251, et seq.; the Clean L Air Act, 42 U.S.C. §§ 7401, et seq.; the Occupational Safety and Health Act, 29 U.S.C. a� §§ 651, et seq.; all applicable environmental statutes of the State of Washington; LL a� and all other federal, state or local statutes, laws, ordinances, resolutions, codes, w rules, regulations, orders or decrees regulation, relating to, or imposing liability or a� E Page 2 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 33 8.C.b M standards of conduct concerning any hazardous, toxic or dangerous waste, substance 3 or material, as now or at any time hereafter in effect. L 1.11 "'Microtrenching" means a technique for installing conduit to house fiberoptic U- L cable, utilizing a shallower and narrower cut, up to 2" wide with a depth up to 16". 0 m 1.12 ""Parties" (singular "Party") refers to both the City and Franchisee. y x w 1.13 "Person" means any natural person, or public or private legal entity of any o z kind. 1.14 `Public Improvement" means the establishment and improvement of new N Rights-of-Way, widening or improvement of existing Rights-of-Way or both, freeway � construction, change or establishment of street grade, or the construction of any Z public infrastructure by any governmental agency acting in a governmental capacity U as approved by the City, or as otherwise necessary for the operations of the City or L other governmental entity. o w 0 c 0 1.15 "Rights-of-Way" (singular "Right-of-Way") as used in this Franchise, 3 means the surface of, and the space above and below, any public street, highway, c freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, N drive, circle, pathways, spaces, or other public right-of-way, and over which the City N has authority to grant permits, licenses or franchises for use thereof, or has regulatory a� authority thereover. Right-of-Way does not include railroad right-of-way, airports, a� L harbor areas, buildings, parks, poles, conduits, open spaces, nature trails, poles, a dedicated but un-opened right-of-way, environmentally sensitive areas and any land, N M facilities, or property owned, maintained, or leased by the City in its governmental or L proprietary capacity or as an operator of a utility. a� iL a� a� N W C N E t v Page 3 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 34 8.C.b M SECTION 2. — Franchise Granted. 3 a� 2.1 Franchise and Term. Pursuant to RCW 35A.47.040, the City hereby grants to L Franchisee, its successors, legal representatives and assigns, subject to the terms U_ L and conditions set forth herein, a non-exclusive Franchise for a period of 10 years, beginning on the effective date of the ordinance authorizing this Franchise (the a� "Effective Date"). y x w 2.2 Termination. o z 2.2.1 Termination by City. The City may terminate this Franchise if Franchisee a� is in material breach of the Franchise and has failed to cure the breach within the applicable notice and cure period as specified in Section 17. No termination under N this subsection will be effective until the applicable notice and cure period has ,I, expired. Additionally, if Franchisee fails to apply for any permits to install Facilities Z within two years of the Effective Date of this Franchise, the City may terminate this U Franchise after providing Franchisee with 90 days' written notice. L 2.2.2 Termination by Franchisee. Franchisee may terminate this Agreement o w 0 for convenience upon 180 days' written notice to the City. o U 2.3 Franchise Purpose. This Franchise grants Franchisee the right, privilege, and L authority to construct, operate, maintain, replace, relocate, restore, upgrade, N remove, excavate, acquire, sell, lease, and use all necessary Facilities for a fiber optic N infrastructure Network in, under, on, across, over, through, along or below the public a� Rights-of-Way located in the City, and any areas added to the corporate limits of the a� L City during the term of this Franchise (the "Franchise Area") for the purpose of a providing the Services (as defined in Section 2.5.1). N M U 0 L 2.4 Limited Authorization. a� 2.4.1 The authority granted by this Franchise is a limited, non-exclusive LL a� authorization to occupy and use the City's Rights-of-Way and does not authorize w Franchisee to use any property other than the Rights-of-Way as agreed herein. W Nothing within this Franchise shall be construed to grant or convey any right, title, E Page 4 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 35 8.C.b M or interest in the Rights-of-Way of the City to Franchisee other than for the purpose 3 of providing the Services defined within Section 2.5.1. Franchisee's use of any other n City property, including City-owned or leased property, or poles and conduits, must L be governed under a separate agreement. U_ L 2.4.2 This Franchise shall not prevent the City from granting other franchises within its Rights-of-Way, nor shall it prevent or prohibit the City from using any a� Rights-of-Way, or affect its jurisdiction over any Rights-of-Way or any part of Right- y 3 of-Way. The City retains power to make all necessary changes, relocations, repairs, x w maintenance, establishment, improvement, dedication of Right-of-Way as it deems o z fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares, and other public properties of every type and description. N 2.4.3 The City also reserves the right to amend this Franchise to conform to � any hereafter enacted, amended, or adopted Applicable Laws relating to the public Z health, safety, and welfare or relating to roadway regulation, upon providing U Franchisee with 30 days' written notice of its action setting forth the full text of the L amendment and identifying the Applicable Laws. This amendment shall become o w 0 automatically effective upon expiration of the notice period unless, before expiration o of that period, Franchisee requests in writing to negotiate the terms of the U amendment. If the Parties do not reach agreement as to the amendment terms within c 30 days of the request to negotiate, the City may enact the proposed amendment by N incorporating Franchisee's concerns to the maximum extent that the City, in its sole N discretion, deems reasonable. a� E a� L 2.5 Authorized Services. a 2.5.1 Franchisee represents that it intends to provide the following services N M within the City (the "Services"): telecommunications services, including Internet L access services as defined RCW 82.04.297 and Voice over Internet Protocol services, but excluding multichannel video programming services that would be subject to a LL a� video services franchise, to residents and businesses within the City (the w "Customers"). Franchisee may not offer Cable Services as that term is defined in 47 a� E Page 5 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 36 8.C.b U.S.C. § 522(6). This Franchise does not authorize any wireless communications 3 services. 2.5.2 Franchisee is authorized without prior City approval to offer or provide L capacity or bandwidth, leased fiber or leased conduits, or any other Services set forth U_ L in this Section 2.5 to its Customers consistent with this Franchise provided: a. Franchisee at all times retains exclusive control over its Facilities and a� Services; remains responsible for constructing, installing, and y maintaining its Facilities pursuant to the terms and conditions of this x w Franchise; and solely responsible for providing and maintaining Services o z to its Customers; b. Franchisee may not grant rights to any Customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; N C. Such Customer or lessee will not be construed to be a third-party ,I, beneficiary under this Franchise; and 6 d. No Customer or lessee that accesses Franchisee's Facilities within the U City limits may use the Facilities or Services for any purpose not L authorized by this Franchise, unless that Customer has a franchise with o w 0 the City. Then, the Customer may use Franchisee's Facilities or Services o consistent with the terms of its franchise. U 0 L y.. SECTION 3. — Work in the Rights-of-WaY. N M N 3.1 Location of Facilities. Franchisee may locate its Facilities within the Franchise as Area consistent with the City's Design and Construction Standards and subject to the a� L City's applicable permit requirements. Except that, until the City adopts a code a amendment or administrative regulations addressing Microtrenching, Franchisee may Mn M only install Facilities by Microtrenching or in a micro trench under conditions imposed L in a separate agreement. a� iL a� 3.2 Permits Required. Franchisee shall not commence any work within any Rights- w of-Way without first obtaining all necessary permits as required by Applicable Laws. a� Franchisee shall pay the standard permit fee, then all lawful processing, field Page 6 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 37 8.C.b marking, engineering, and inspection fees associated with the issuance of permits by the City. L 3.3 Work Requirements. During any period of relocation, construction or U- CU maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner and only after obtaining permits or a� other authorization pursuant to Section 3.2 and this Section 3.3. Franchisee shall N minimize interference with the free passage of traffic and the free use of adjoining x w property, whether public or private. Franchisee shall at all times post and maintain o z proper traffic control to warn and direct the road users, consistent with the CU a� requirements of Applicable Law. Traffic control devices include but are not limited to r �a barricades, traffic cones, traffic drums, tubular markers, flags, certified flaggers, N lights, flares, and other measures as required for the safety of all members of the LO v general public. Franchisee shall also comply with all applicable safety regulations z° during such period of construction as required by all Applicable Laws, including, without limitation, RCW 39.04.180 for the requirement of trench safety systems for L trench excavations. O 4- 0 c 0 3.4 Work of Contractors and Subcontractors. Franchisee's contractors and 3 subcontractors shall be licensed and bonded in accordance with Applicable Laws. w c Work by contractors and subcontractors is subject to the same restrictions, N limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and a� others performing work on its behalf as if the work were performed by Franchisee L and shall ensure that all such work is performed in compliance with this Franchise a and Applicable Laws. N L 3.5 Maintenance of Facilities. Franchisee shall, at its own expense, maintain its U- a� Facilities in a safe condition, in good repair, and in a manner suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a 0 w dangerous, noxious, or offensive nature or which would create a hazard or undue a� vibration, heat, noise, or any interference with City services. E 0 Page 7 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 38 8.C.b 3 3.6 Shared Excavation. If either the City or Franchisee plans to make excavations n in any area covered by this Franchise and as described in this Section 3.6, the Party L planning the excavation shall endeavor to afford the other an opportunity to share U- L the excavation, PROVIDED THAT: a. The joint use shall not unreasonably delay the work of the Party causing a� the excavation to be made; y 3 b. The joint use shall be arranged and accomplished on terms and x w conditions satisfactory to both Parties; and o z C. The initiating Party may deny a request for constructability and/or safety reasons. ° ,L^ V N 3.7 Coordination of Construction. � 3.7.1 Except for Emergency Situations, Franchisee shall give advance written 6 notice of intended construction to property owners and/or residents within 100 feet U of the construction area as follows: if construction is ground disturbing - at least L seven days; otherwise - 48 hours. This notice shall contain the dates, contact o w 0 number, nature, and location of the work to be performed; a door hanger is o permissible. At least 24 hours before entering private property or streets or public U easements adjacent to or on such private property, Franchisee shall physically post ° c a notice on the property indicating the nature and location of the work to be N performed; a door hanger is permissible. Nothing in this Franchise gives the N Franchisee the right to enter onto private property without the permission of the a� private property owner. a� L 3.7.2 Franchisee shall make a good faith effort to comply with the property a owner/resident's preferences, if any, on location or placement of underground N installations (excluding aerial cable lines utilizing existing poles and existing cable L paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its LL a� condition prior to construction, except for any change in condition not caused by w Franchisee. Any disturbance of landscaping, fencing, or other improvements on a� private property caused by Franchisee's work shall, at the sole expense of Franchisee, Page 8 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 39 8.C.b be promptly repaired and restored to the reasonable satisfaction of the property 3 owner/resident. n 3.7.3 Upon prior written notice from the City, Franchisee shall meet with the L City and other franchise holders to schedule and coordinate construction in the U- L Rights-of-Way. To minimize public inconvenience, disruption or damage, the Franchisee shall coordinate all construction locations, activities, and schedules as a� directed by the City. y x w 3.8 One Call Locator Service. Before doing any work in the Rights-of-Way, the o z Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all Applicable Laws regarding the One Call Locator Service pursuant to chapter 19.122 RCW. Neither the City nor its (9 N contractors, shall be liable for any damages to Franchisee's Facilities or for ,I, interruptions in service to Franchisee's Customers that are a direct result of Z Franchisee's failure to accurately locate its Facilities within the prescribed time limits U and guidelines established by the One Call Locator Service regardless of whether the L City issued a permit. o w 0 c 0 3.9 Restoration and Repair of Rights-of Wax. 3 3.9.1 Franchisee shall repair any damage to the Rights-of-Way, and the c property of any third party, after installation, construction, relocation, maintenance, N or repair of its Facilities or after abandonment approved pursuant to Section 15, N within 30 days following the date of any of these activities at Franchisee's sole cost as and expense. Franchisee shall restore the Rights-of-Way and the surface of the a� L Rights-of-Way to the same or better condition as it was immediately prior to any a installation, construction, relocation, maintenance, or repair by Franchisee. N Franchisee shall not be responsible for any changes to the Rights-of-Way not caused L by Franchisee or anyone doing work for Franchisee. 3.9.2 Franchisee agrees to complete all restoration work to the Franchise Area LL a� or other affected area at its sole costs and expense and according to the time and w terms specified in the construction permit issued by the City or other agreement. a� Franchisee also agrees to repair any damage caused by work to the Franchise Area E Page 9 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 40 8.C.b M within 14 days unless otherwise approved by the Director. All work by Franchisee 3 pursuant to this Franchise shall be performed in accordance with applicable City standards and shall be warranted for as long as Franchisee has Facilities within the L Rights-of-Way and also for undiscovered defects including the condition of the U_ L pavement surface altered by the installation, repair, relocation, or removal of Franchisee's Facilities. The warranty for Franchisee's work in a specified location will a� end if the City completes a Public Improvement modifying or altering the pavement y surface, such as: overlays, slurry seals, or chip seals. x w 3.9.3 If conditions (e.g., weather) make the complete restoration required o z under this Section 3 impracticable, Franchisee shall temporarily restore the affected Right-of-Way or property at its sole cost and expense to the City's satisfaction. Franchisee shall promptly undertake and complete the required permanent N restoration as soon as conditions no longer make permanent restoration � impracticable. Z 3.9.4 If Franchisee does not repair a Right-of-Way or an improvement in or U to a Right-of-Way within the time prescribed by this Section 3, the City may repair L the damage and shall be reimbursed its actual costs within 60 days of submitting an o w 0 itemized invoice to Franchisee in accordance with the provisions of Section 11. The o City may also bill Franchisee for any expenses associated with the inspection of this U repair work and for costs incurred by the City for delays impacting Public c Improvements. N M N S 3.10 Survey Monuments. No survey monument may be removed (or replaced) a� without a professional land surveyor obtaining a permit in advance from the E a� Washington State Department of Natural Resources and submitting a copy of the a approved permit to the City. Franchisee shall restore all concrete encased N monuments that will be disturbed or displaced by such work to City standards and 0 L specifications. The Director shall have final approval of the condition of the Rights- of-Way after repair or restoration by the Franchisee. U. a� a� N W 3.11 Trees. Franchisee may trim trees within the Right-of-Way so as to prevent the as branches of these trees from coming in contact with Franchisee's above ground E Page 10 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 41 8.C.b Facilities. Franchisee shall ensure that its tree trimming activities protect the 3 appearance, integrity, and health of the trees to the extent reasonably possible. n Franchisee shall be responsible for all debris removal from these activities. Nothing L in this Franchise grants Franchisee any authority to act on behalf of the City, to enter U_ L upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third a� parties' trees or natural growth caused by Franchisee's actions. y x w 3.12 Graffiti Removal. Franchisee shall remove all graffiti on any of its Facilities no 0 z later than 14 days from the date Franchisee receives written notice from the City or a� is otherwise made aware of the graffiti. Facilities installed above ground, such as cabinets, shall have their exterior surface wrapped with an anti-graffiti gloss N overlaminate. r LO 6 z SECTION 4. — Relocation of Facilities. U c c 4.1 Relocation Requirement. o 4.1.1 Franchisee agrees to protect, support, temporarily disconnect and then c c reconnect, relocate, or remove from any Rights-of-Way any of its Facilities when reasonably required by the City for Public Improvement. o L yr 4.1.2 If the City's request for relocation arises from a Public Improvement, in which Facilities must be either replaced or removed, then Franchisee shall relocate N 1* or remove its Facilities at its sole cost and expense, subject to the procedure in Section 4.3. Franchisee acknowledges and agrees that the placement of Facilities on E a) third party-owned or City owned structures does not convey an ownership interest in W a these structures. U 4.2 Design Locates. To facilitate the design of City street and Right-of-Way U_ L improvements, upon written request of the City, or a third party performing work in -2 U. the Right-of-Way, Franchisee shall, at its sole cost and expense, locate, and if a N determined necessary by the City, excavate, and/or survey its Facilities so that as w c the Facilities' location may be taken into account in the design of the improvements. E Page 11 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 42 8.C.b M The decision as to whether any Facilities need to be relocated to accommodate the 3 Public Improvement shall be made by the City. The Franchisee shall respond to the City's request for excavation and/or survey within 30 days. L U_ L 4.3 Notice and Relocation Procedure. If the City determines a Public Improvement necessitates the relocation of Franchisee's existing Facilities, the City shall: as a. At least 90 days before commencing the Public Improvement, provide y Franchisee with written notice requiring such relocation and a date by x w which relocation must be complete; except that in the event of an o z Emergency Situation, the City shall give Franchisee written notice as soon as practicable; and b. At least 90 days before commencing the Public Improvement, provide N Franchisee with copies of pertinent portions of the plans and � specifications for the improvement project and a proposed location for Z Franchisee's Facilities so that Franchisee may relocate its Facilities in U c other City Rights-of-Way in order to accommodate such improvement L project; and o w 0 C. After receipt of this notice and such plans and specifications, Franchisee o shall complete relocation of its Facilities by the date established in U accordance with this Section 4.3 at no charge or expense to the City, L except as otherwise provided by law. Relocation shall be accomplished N in such a manner as to accommodate the Public Improvement. N a� 4.4 Alternative Arrangements. The Franchisee may make its own appropriate E as L arrangements in response to a request for relocation of its Facilities from a Person or a entity other than the City, so long as any improvements being constructed are not or D M will not become City-owned, operated or maintained; except that any such L arrangements shall not unduly delay a City construction project. a� iL a� 4.5 Contractor Delay Claims. Franchisee shall be solely responsible for the out-of- w pocket costs incurred by the City for delays in a Public Improvement to the extent a� the delay is caused by or arises out of Franchisee's failure to comply with the final E Page 12 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 43 8.C.b M schedule for the relocation (other than as a result of a Force Majeure Event or causes 3 or conditions caused by the acts or omissions of the City or any third party unrelated n to Franchisee; Franchisee vendors and contractors shall not be considered unrelated L third parties). The out-of-pocket costs may include, but are not limited to, payment U_ L to the City's contractors and/or consultants for increased costs and associated court costs, interest, and reasonable attorneys' fees incurred by the City to the extent a� directly attributable to Franchisee's caused delay in the Public Improvement. y x 4.6 Moving of Buildings or Other Objects. Franchisee shall, on the request of any Y 0 individual or private entity holding a valid permit issued by a governmental authority, Z temporarily remove, raise or lower its Facilities to permit the moving of buildings or other objects. The expense of the temporary removal, raising or lowering of Facilities L c� shall be at the expense of the requestor. N r LO O 4.7 City's Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Z U Facilities as directed by the City following the procedures outlined in this Section 4, the City may perform this work or cause it to be done, and the Franchisee shall pay o the City's costs in accordance with Section 11. c c 0 U SECTION 5. — Undergrounding of Facilities, o L yr 5.1 Underground Installation. Franchisee shall install all wires, cables, or other M N Facilities underground (unless specifically authorized by permit of the City) in the manner required by the City as described in chapter 7.10 Kent City Code ("KCC"), where all other utilities are required to underground. Unless otherwise permitted by a the City, Franchisee shall also underground its Facilities in all new developments and a a� subdivisions and in any development or subdivision where utilities are currently underground. U_ L 5.2 Future Requirement to Underground. If the City requires the undergrounding L a� of aerial utilities in any area of the City, Franchisee shall underground its aerial w Facilities in the manner specified by the City, concurrently with and in the area of the E Page 13 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 44 8.C.b M other affected utilities, in a location approved by the City and at Franchisee's 3 expense. This requirement applies even if the City did not require the undergrounding n of Franchisee's Facilities at the time of a permit application and/or subsequent L construction. L 5.3 Utility Trench Access. Franchisee may be provided reasonable access to open a� utility trenches constructed as part of a Public Improvement, so long as this access y does not interfere with the City's placement of utilities or increase the City's costs. x w Franchisee shall pay the City's actual costs of providing Franchisee access to an open o z trench, including without limitation the pro rata share of the costs of access to an open trench and any costs associated with the delay of the completion of the project. Franchisee shall reimburse the City in accordance with the provisions of Section 11. N r LO 5.4 Removal of Fiber. Franchisee shall not remove any underground cable or 6 conduit that requires trenching or other opening of the Rights-of-Way along the U extension of cable to be removed without a permit as may be required by Applicable L Laws. o w 0 c 0 SECTION 6. — Information, Inventory, and Records. U 0 L yr 6.1 Information Request. N 6.1.1 Franchisee shall supply and maintain updated, at no cost to the City, N any information reasonably requested by the City to coordinate its functions with the a� Franchisee's activities and fulfill any municipal functions under Applicable Laws. This a� L required information may include, but is not limited to, any installation inventory, 0' a location of existing or planned Facilities, maps, plans, operational data, and as-built N drawings of Franchisee's Facilities in the City. Franchisee shall warrant the accuracy L of all information provided to the City. a� 6.1.2 Within 30 days of a written request from the Director, but no more than LL a� once annually, the Franchisee shall furnish the City with information sufficient to w demonstrate: 1) that the Franchisee has complied with all applicable requirements of a� this Franchise; and 2) that all utility taxes due the City in connection with the E Page 14 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 45 8.C.b Franchisee's Services and Facilities have been properly collected and paid by the 3 Franchisee. L 6.2 Current Inventory. Franchisee shall maintain a current inventory of Facilities U- L throughout the Term of this Franchise. Franchisee shall provide to City a copy of the inventory report within 60 days of a reasonable request by the City. The inventory a� report shall include: a route map of those basic portions of the fiber system that are y 3 located within the Right-of-Way and be in a digital format and the vertical and x w horizontal location of the Facilities, including the height from the bottom of the pole o z to the fiber or depth below the finished surface. Franchisee shall cooperate with the City to furnish this information in an electronic mapping format compatible with the current City electronic mapping format using the approved City datum. N r LO 6.3 Inspection. All books, records, maps, and other documents maintained by 6 Franchisee with respect to its Facilities within the Rights-of-Way shall be made U available for inspection by the City at reasonable times and intervals; except that L nothing in this Section 6.3 shall be construed to require Franchisee to violate o w 0 Applicable Laws regarding customer privacy, nor shall this Section 6.3 be construed o to require Franchisee to disclose proprietary or confidential information without U adequate safeguards for its confidential or proprietary nature. Unless otherwise c permitted or required by Applicable Laws, nothing in this Section 6.3 shall be N construed as permission to withhold relevant customer data from the City that the N City requests in conjunction with a tax audit or review; except that Franchisee may a� redact identifying information such as names, street addresses (excluding City and a� L zip code), Social Security Numbers, or Employer Identification Numbers related to a any confidentiality agreements Franchisee has with third parties. N U 0 L 6.4 Public Records Act. Franchisee acknowledges that information submitted to the City is subject to the Washington Public Records Act, chapter 42.56 RCW, and is U. a� open to public inspection, subject to any exceptions permitted by Applicable Laws. w 6.4.1 Franchisee may identify documents submitted to the City that a� Franchisee believes are non-disclosable, such as trade secrets. Franchisee shall be Page 15 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 46 8.C.b M responsible for clearly and conspicuously identifying the work as confidential or 3 proprietary, and shall provide a brief written explanation as to why the information n is confidential and how it may be treated as such under Applicable Laws. The City L agrees to keep confidential any proprietary or confidential books or records to the U_ L extent permitted by Applicable Laws. 6.4.2 If the City receives a public records request under chapter 42.56 RCW a� or similar law for the disclosure of the documents or any part of the documents y ° Franchisee has designated as confidential, trade secret, or proprietary, the City shall x w provide Franchisee with written notice of the request, including a copy of the request o z before disclosure so that Franchisee can take appropriate steps to protect its interests. Nothing in this Section 6.4 prohibits the City from complying with chapter ° 42.56 RCW or any other Applicable Laws or court order requiring the release of public N records, and the City shall not be liable to Franchisee for compliance with any law or � court order requiring the release of public records. The City will not assert an 6 exemption from disclosure or production on Franchisee's behalf. U 6.4.3 The City shall comply with any injunction or court order obtained by L Franchisee that prohibits the disclosure of any such confidential records. If a higher 0 w 0 court overturns an injunction or court order and the higher court action is or has o become final and non-appealable, Franchisee shall reimburse the City for any fines 3 or penalties imposed for failure to disclose these records within 45 days of a request ° c from the City, unless additional time is reasonably necessary under the circumstances N and is agreed to by the Parties. N a� 6.5 Annual Audit. On an annual basis, upon 30 days' written notice, the City shall E a� L have the right to conduct an independent audit of Franchisee's records reasonably a related to the administration or enforcement of this Franchise, in accordance with N generally accepted accounting practices and any standards adopted by the L Governmental Accounting Standards Board. If the audit shows that tax or fee payments have been underpaid by 3% or more, Franchisee shall pay the total cost U. a� of the audit. N w :.o c a� E Page 16 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 47 8.C.b M SECTION 7. - Unauthorized Facilities. Any Facilities installed in the City 3 Right-of-Way that were not authorized under this Franchise or other required City n Approval ("Unauthorized Facilities") will be subject to the payment of an Unauthorized L Facilities charge by Franchisee. City shall provide written notice to Franchisee of any U- L Unauthorized Facilities identified by City staff and Franchisee shall have 30 days W, thereafter in which to establish that this installation was authorized or obtain the W applicable permit. Failure to establish that the installation is authorized will result in y the imposition of an Unauthorized Facilities charge in the amount of One Thousand x w Dollars ($1,000.00) per Unauthorized Facility per day starting on the 31st day. o z Franchisee may submit an application to the City under this Franchise for approval of the Unauthorized Facilities. If the application for the Unauthorized Facilities is denied, Franchisee shall remove the Unauthorized Facilities from the City's Right-of-Way N within 30 days after the expiration of all appeal periods for such denial. The City shall � not refund any Unauthorized Facilities charges, unless Franchisee is successful in an Z appeal. This Franchise remedy is in addition to any other remedy available to the City U at law or equity. L O W O SECTION 8. - Safety Requirements, o U 8.1 Safe Condition. Franchisee shall at all times, at its own expense, maintain its c Facilities in, over, under, and upon the Rights-of-Way in a safe condition, in good N repair, and in a manner suitable to the City. Additionally, Franchisee shall keep its N Facilities free of debris and anything of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise, or any interference a� L with City services. Upon reasonable notice to Franchisee, the City reserves the a general right to inspect the Facilities to evaluate if they are being maintained in a N safe condition. If an unsafe condition or a violation of this Section 8.1 becomes known L to the City, the City agrees to give Franchisee written notice of the condition and a� afford Franchisee a reasonable opportunity to repair the condition. If Franchisee fails iL a� to start to make the necessary repairs and alterations within a reasonable time frame w specified in the notice (and pursue the cure to completion), then the City may make a� the repairs or contract for them to be made. All costs, including administrative costs, Page 17 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 48 8.C.b M incurred by the City in repairing any unsafe conditions shall be borne by Franchisee 3 and reimbursed to the City. ° L 8.2 Additional Safety Standards. Additional safety standards include: U_ L a. Franchisee shall maintain all equipment lines and Facilities in an orderly manner, including, but not limited to, the removal of all bundles of a� unused cable. y ° b. All installations of equipment, lines, and ancillary Facilities shall be x w installed in accordance with industry-standard engineering practices and o z shall comply with all federal, State, and local regulations, ordinances, and laws. ` ° C. The Franchisee shall protect any opening or obstruction in the Rights- N of-Way or other public places made by Franchisee in the course of its ,I, operations with adequate barriers, fences, or boarding, the bounds of Z which, during periods of dusk and darkness, shall be clearly marked and U visible at night. L 0 W ° 8.3 Hazardous Substances. Franchisee shall not introduce or use any Hazardous o Substances,in violation of any Applicable Laws, nor shall Franchisee allow any of its U agents, contractors, or any Person under its control to do the same. Franchisee will ° c be solely responsible for and will defend, indemnify, and hold the City, its officers, N officials, employees, agents, and volunteers harmless from and against any claims, N costs, and liabilities including reasonable attorney fees and costs, arising out of or in a� connection with the cleanup or restoration of the property to the extent caused by a� L Franchisee's use, storage, or disposal of Hazardous Substances, whether or not a intentional, and the use, storage, or disposal of such substances by Franchisee's D M agents, contractors, or other Persons acting under Franchisee's control, whether or L not intentional. Franchisee shall have only that responsibility or liability for managing, a� monitoring, or abating a hazardous condition that it may have under state or federal U. a� law and this Franchise shall not be interpreted to expand Franchisee's legal w obligations relating to any pre-existing Hazardous Substances undisturbed by a� Franchisee. Page 18 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 49 8.C.b 3 SECTION 9. — Provision of Conduit. Except in Emergency Situations, n Franchisee shall provide the Director with at least 30 days' advance written notice of L any construction, relocation, or placement of ducts or conduits in the Rights-of-Way U_ L and provide the City an opportunity to request that Franchisee provide the City with additional duct or conduit, and related structures necessary to access the conduit a� pursuant to RCW 35.99.070 in one or more of the locations where Franchisee y 3 constructs, installs, or relocates Facilities underground. If so requested, the conduit x w shall be provided at Franchisee's incremental cost and per the terms of a separate o z agreement. Franchise shall install a locator wire and cap off all conduit ends. Conduit ends shall be marked on any as-built plans and maps requested pursuant to Section ° 6. Any conduit delivered to the City pursuant to this Section 9 will become property N of the City, and Franchisee will have no ongoing maintenance, liability, or other � obligations to the City or any third party with respect to the conduit. The City shall 6 make any request for conduit per this Section 9 request in writing before issuance of U the applicable permit to Franchisee. L 0 W 0 SECTION 10. — Emergency Situations, o U 10.1 Immediate Action Required. In the event of any Emergency Situation in which ° c any of Franchisee's Facilities located in or under any street endangers the property, N life, health, or safety of any Person, entity or the City, or if Franchisee's construction N area is otherwise in such a condition as to immediately endanger the property, life, a� health, or safety of any Person, entity or the City, Franchisee shall immediately repair a� L its Facilities and cure or remedy the dangerous conditions for the protection of a property, life, health, or safety of any Person, entity or the City, without first applying N for and obtaining a permit as required by this Franchise. The Franchisee shall apply L for any necessary permits on the next day Kent City Hall is open for business. M iL as 10.2 Lateral Support. Whenever the construction, installation, or excavation of w Facilities authorized by this Franchise has caused or contributed to a condition that a� appears to substantially impair the lateral support of the adjoining street or public Page 19 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 50 8.C.b place, an adjoining public place, street utilities, City property, Rights-of-Way, or 3 private property (collectively "Endangered Property") or endangers the public, the Director may direct Franchisee, at Franchisee's own expense, to take reasonable L action to protect the Endangered Property or the public within a prescribed time. If U- L Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with the directions, or if an Emergency Situation exists that requires a� immediate action before the City can timely contact Franchisee to request Franchisee y effect the immediate repair, the City may enter upon the Endangered Property and x w take such reasonable actions as are necessary to protect the Endangered Property or o z the public. Franchisee shall be liable to the City for the costs of any such repairs in accordance with the provisions of Section 11. ,L^ V N 10.3 Reimbursement. Franchisee shall promptly reimburse the City in accordance � with the provisions of Section 11 for any and all costs the City reasonably incurs in Z response to any Emergency Situation involving Franchisee's Facilities, to the extent U this emergency is not the City's fault. The City agrees to simultaneously seek L reimbursement from any other franchisee or permit holder who caused or contributed o w 0 to the Emergency Situation. o U SECTION 11. — Recovery of Costs. c N 11.1 Franchise Costs. Franchisee shall reimburse the City for its actual and N documented administrative, legal, and other costs incurred in drafting and processing a� this Franchise and all work related thereto pursuant to RCW 35.21.860(1)(b). The a� L Franchisee shall also pay the cost of publication of this Franchise. No construction a permits shall be issued for the installation of Facilities authorized until the City has N U received this reimbursement. L U- L 11.2 Additional Costs. Franchisee shall further be subject to all permit fees LL a� associated with activities undertaken through the authority granted in this Franchise w or under the laws of the City. Where the City incurs costs and expenses for review, a� inspection, or supervision of activities, including but not limited to reasonable fees Page 20 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 51 8.C.b M associated with attorneys, consultants, City Staff and City Attorney time, undertaken 3 through the authority granted in this Franchise or any ordinances relating to the n subject for which a permit fee is not established, Franchisee shall pay these costs L and expenses directly to the City in accordance with the provisions of Section 11.4. U- L 11.3 City Project Costs. Franchisee shall reimburse the City for Franchisee's as proportionate share of all actual, identified expenses incurred by the City in planning, y ° constructing, installing, repairing, altering, or maintaining any City facility as the x w result of the presence of Franchisee's Facilities in the Rights-of-Way. These costs and o z expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the ° result of the presence of Franchisee's Facilities in the Rights-of-Way. These costs and N expenses shall also include Franchisee's proportionate share of any time spent ,I, reviewing construction plans in order to either accomplish the relocation of 6 Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere U with Franchisee's Facilities. L 0 W ° 11.4 Payment of Costs. The time of City employees shall be charged at their o respective rate of salary, including overtime if applicable, plus benefits and U reasonable overhead. Any other costs will be billed proportionately on an actual cost ° c basis. All billings will be itemized so as to specifically identify the costs and expenses N for each project for which the City claims reimbursement. A charge for the actual N costs incurred in preparing the billing may also be included in the billing. Franchisee a� shall reimburse the City within 60 days of submittal by the City of an itemized billing a� L for costs incurred under this Section 11. a a� SECTION 12. — City"s Reservation of Rights, ° c ° L U- L 12.1 Franchise Fees. The City is not seeking to impose any franchise fee or similar U. a� compensation for the benefits and privileges granted under this Franchise and in w consideration of the permission to use the City's Rights-of-Way as of the effective a� date of this Franchise. However, the City reserves the right to impose a franchise fee Page 21 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 52 8.C.b M upon 120 days' notice to Franchisee, if it believes it is consistent with Applicable 3 Laws. Franchisee reserves the right to challenge the imposition of any such compensation if it believes it is inconsistent with Applicable Laws. Payment of a L franchise fee under this Franchise shall not exempt Franchisee from the payment of U- L any generally applicable fee, tax, or charge on the business, occupation, property, or income of Franchisee that may be imposed by the City. The City also reserves its as right to require that Franchisee obtain a separate franchise for a change in use, which y 3 franchise may include provisions intended to regulate Franchisee's operations as x w allowed under Applicable Law. Nothing contained within this Franchise shall preclude o z Franchisee from challenging any fee, this Franchise, or separate agreement under Applicable Laws. ,L^ V N 12.2 Utility Tax. Franchisee acknowledges that certain of its operations within the � City may constitute a telephone business subject to the utility tax imposed pursuant Z to chapter 3.18 KCC. Franchisee understands that RCW 35.21.870 currently limits U the rate of city tax upon telephone business activities to 6% of gross income (as that E L term is defined in chapter 3.18 KCC), unless a higher rate is otherwise approved. o w 0 Franchisee stipulates and agrees that certain of its business activities may be subject o to taxation as a telephone business and that Franchisee shall pay to the City the 3 applicable rate under chapter 3.18 KCC, and consistent with state and federal law. c The Parties agree however, that nothing in this Franchise shall limit the City's power N of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend chapter 3.18 KCC as may be permitted by law. a� Nothing in this Section 12.2 is intended to alter, amend, modify, or expand the taxes a� L and fees that may lawfully be assessed on Franchisee's business activities under this a Franchise under Applicable Laws. N U r- 0 L SECTION 13. — Indemnification; Liability. as U. as 13.1 General Indemnification. Franchisee shall indemnify, defend, and hold the w City, its officers, officials, boards, commissions, agents, and employees, harmless a� from any action or claim for injury, damage, loss, liability, cost or expense, including Page 22 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 53 8.C.b M court and appeal costs and reasonable attorneys' fees or reasonable expenses, 3 arising from any casualty or accident to Person or property, including, without limitation, damages in any way arising out of, or by reason of, any construction, L excavation, operation, maintenance, reconstruction, or any other act done under this U- L Franchise, by or for Franchisee, its agents, or its employees, or by reason of any neglect or omission of Franchisee. Franchisee shall consult and cooperate with the a� City while conducting its defense of the City under this Franchise. Franchisee shall y not be obligated to indemnify the City to the extent of the City's negligence or willful x w misconduct. r- 0 z 13.2 Indemnification for Relocation. Franchisee shall defend, indemnify, and hold 0 the City harmless for any damages, claims, additional costs or reasonable expenses N and attorneys' fees, including contractor construction delay damages, assessed LO against or payable by the City contributing to Franchisee's failure to remove, adjust, Z or relocate any of its Facilities in the Rights-of-Way in accordance with any relocation U required by the City, provided that Franchisee shall not be liable under this section if L Franchisee's failure to remove, adjust or relocate any of its Facilities is the result of o 4- 0 a Force Majeure Event or events beyond the control of Franchisee. o U 13.3 Procedures and Defense. If a claim or action arises, the City or any other c indemnified party shall promptly notify Franchisee of such claim or action and tender N the defense of the claim or action to Franchisee, which defense shall be at N Franchisee's expense. The City's failure to so notify and request indemnification shall as not relieve Franchisee of any liability that Franchisee might have, except to the extent a� L that such failure prejudices Franchisee's ability to defend such claim or suit. The City a may participate in the defense of a claim, but if Franchisee provides a defense at N Franchisee's expense then Franchisee shall not be liable for any attorneys' fees, L expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation is necessary. Then, the provisions U. a� of Section 13.5 shall govern Franchisee's responsibility for City's attorney's fees, w expenses, or other costs. In any event, Franchisee may not agree to any settlement a� E Page 23 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 54 8.C.b of claims affecting the City without the City's consent, such consent not to be unreasonable withheld or delayed. L 13.4 Avoidance. Inspection or acceptance by the City of any work performed by L Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 13. Whether a� Franchisee carries out any activities under this Franchise through independent �'-, contractors shall not constitute an avoidance of or defense to Franchisee's duty of x w defense and indemnification under this subsection. o z CU a� 13.5 Expenses. If separate representation to fully protect the interests of both r �a Parties is or becomes necessary, such as a conflict of interest between the City and N the counsel selected by Franchisee to represent the City, Franchisee shall pay, from LO v the date such separate representation is required forward, all reasonable expenses z6 incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Franchisee. Except that, if separate representation is or L becomes necessary, and the City desires to hire counsel or any other outside experts O 4- 0 or consultants and desires Franchisee to pay those expenses, then the City shall be o required to obtain Franchisee's consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld or delayed. The City's w c expenses shall include all reasonable out-of-pocket costs and expenses, such as N consultants' fees and court costs, but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by a� Franchisee, except in the event of a conflict of interest where such duplication may L be required. Each Party agrees to cooperate and to cause its employees and agents a to cooperate with the other Party in the defense of any claim or action. N c L 13.6 RCW 4.24.115. The Parties acknowledge that this Franchise is subject to RCW a� 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury U_ aD to Persons or damages to property caused by or resulting from the concurrent w negligence of Franchisee and the City, its officers, officials, employees, and a� volunteers, Franchisee's liability shall be only to the extent of Franchisee's E 0 Page 24 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 55 8.C.b negligence. It is expressly understood that the indemnification provided constitutes 3 Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this n indemnification. This waiver has been mutually negotiated by the Parties. L LL L SECTION 14. — Insurance. 0 m 14.1 Policies. Franchisee shall maintain in full force and effect at its own cost and y ° expense each of the following policies of insurance: x w a. Commercial General Liability insurance with limits of no less than o z $5,000,000 per occurrence and $5,000,000 general aggregate. a� Coverage shall be at least as broad as that provided by ISO CG 00 01 ° 1/96 or its equivalent and include severability of interests. Such N insurance shall name the City, its officers, officials and employees as � additional insureds per ISO CG 2026 or its equivalent. There shall be a 6 waiver of subrogation and rights of recovery against the City, its officers, U officials and employees. Coverage shall apply as to claims between L insureds on the policy, if applicable. Coverage may take the form of a o w 0 primary layer and a secondary or umbrella layer, but the combination o of layers must equal $5,000,000 at a minimum. U b. Commercial Automobile Liability insurance with minimum combined ° c single limits of $5,000,000.00 each occurrence with respect to each of N Franchisee's owned, hired and non-owned vehicles assigned to or used N in the operation of the Facilities in the City. The policy shall contain a a� severability of interests provision. a� L C. Workers' Compensation coverage as required by the Industrial a Insurance laws of the State of Washington and employer's liability with D M a limit of $1,000,000 each accident/disease/policy limit. L If the Franchisee maintains broader coverage and/or higher limits than the minimums within this Section 14.1, the City requires and shall be entitled to the U. a� broader coverage and/or the higher limits maintained by the Franchisee. Any w available insurance proceeds in excess of the specified minimum limits of a� insurance and coverage shall be available to the City. Page 25 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 56 8.C.b 3 14.2 Deductibles. Any deductible of the policies shall not in any way limit n Franchisee's liability to the City. L U_ L 14.3 Requirements. All policies shall contain, or shall be endorsed so that: a. The City, its officers, officials, boards, commissions, employees, and a� agents are to be covered as, and have the rights of, additional insureds y with respect to liability arising out of activities performed by, or on x w behalf of, Franchisee under this Franchise or Applicable Laws, or in the o z construction, operation or repair, or ownership of the Network; b. Franchisee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, boards, commissions, employees, and N agents. Any insurance or self-insurance maintained by the City, its ,I, officers, officials, boards, commissions, employees, and agents shall be 6 in excess of the Franchisee's insurance and shall not contribute to it; U and L c. Franchisee's insurance shall apply separately to each insured against o w 0 whom a claim is made or lawsuit is brought, except with respect to the o limits of the insurer's liability. U 0 L 14.4 Acceptability of Insurers. The insurance obtained by Franchisee shall be placed N with insurers with a Best's rating of no less than "A VII. ' N a� 14.5 Verification of Coverage. The Franchisee shall furnish the City with certificates E a� L of insurance and endorsements or a copy of the page of the policy reflecting blanket a additional insured status. The certificates and endorsements for each insurance policy N shall be signed by a Person authorized by that insurer to bind coverage on its behalf. L The certificates and endorsements for each insurance policy shall be on forms that a� are consistent with standard industry practices. LL a� a� N W 14.6 Maintenance of Insurance. Franchisee's maintenance of insurance as required as by this Section 14 shall not be construed to limit the liability of Franchisee to the E Page 26 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 57 8.C.b coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, Franchisee's maintenance of insurance 2 policies required by this Franchise shall not be construed to excuse unfaithful L performance by Franchisee. L CU SECTION 15. — Abandonment of Franchisee's Telecommunications CD aD Network. Upon the expiration, termination, or revocation of the rights granted N under this Franchise, Franchisee shall remove all of its Facilities from the Rights-of- x w Way within 30 days of receiving written notice from the Director. The Facilities, in o z whole or in part, may not be abandoned by Franchisee without written approval by CU a� the City. Any plan for abandonment or removal of Franchisee's Facilities must be first r �a approved by the Director, and all necessary permits must be obtained before this N work. The plan for abandonment shall include a proposal and instruments for LO v transferring ownership to the City. Any Facilities that are not permitted to be z° abandoned in place and that are not removed within 30 days of receipt of City's notice may be removed by the City and the area restored at Franchisee's cost. Franchisee L shall pay these costs to the City within 30 days of receiving an invoice. If Franchisee O 4- 0 fails to pay the City within this timeframe, the City may avail itself of any remedy o available at law or equity. 0 L SECTION 16. — Bonds. N M N 16.1 Construction Guarantee. As a condition of performing work in the Right-of- a� Way, the timely, complete, and faithful performance of all construction work in the L Right-of-Way shall be guaranteed in an amount equal to 125% of the cost estimate a (prepared by a licensed contractor, professional engineer, or architect) of the N construction work, by either the Franchisee or the Franchisee's contractor performing L the actual construction work. The guarantee may be by performance bond or irrevocable letter of credit, or cash deposit, as may be determined by the Franchisee U- aD or the Franchisee's contractor. If Franchisee, in the sole judgment of the City, has a w history of corrections or defaults, Franchisee must provide the full guarantee by a� assignment of funds. These funds shall guarantee the following: (1) timely E 0 Page 27 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 58 8.C.b completion of construction; (2) construction in compliance with all applicable plans, 3 permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties L affected by the construction; (5) repair and restoration of any damage to public or U_ L private property caused by the construction; (6) submission of as-built drawings after W, completion of construction; and (7) timely payment and satisfaction of all claims, W demands, or liens for labor, materials, or services provided in connection with the y work that could be asserted against the City or City property. The guarantee must x w remain in full force until the completion of construction and/or any necessary repairs, o z including final inspection, corrections, and final approval of the work, recording of all easements, provision of as-built drawings, and the posting of a maintenance guarantee as described in Section 16.2. Compliance with the performance guarantee N requirement of the City's current Design and Construction Standards shall satisfy the T" provisions of this Section. 6 a) U 16.2 Maintenance Guarantee. Maintenance and the successful operation of L the Right-of-Way improvements shall be bonded for a period of at least two years (or o w 0 other period as required by Kent City Code) from the date of final construction o approval. The bond shall be in an amount to be determined by the City. The minimum U maintenance guarantee shall be Five Thousand Dollars ($5,000.00) or 20% of the c original performance construction guarantee as described in Section 16.1, whichever N is greater. At six-month intervals during this maintenance period, the City will inspect N the improvements and identify to Franchisee any noted deficiencies. Franchisee will a� have 30 days to correct any deficiencies. The satisfactory correction of the work may a� L commence a new two-year maintenance period for the improvements as corrected, a as determined by the City. The City will initiate collection against the financial N guarantee if deficiencies are not satisfactorily addressed by the end of the 30-day L response period. Compliance with the maintenance guarantee requirement of the City's current Design and Construction Standards shall satisfy the provisions of this U. a� Section 16.2. Original financial guarantee amounts described in Section 16.1 and this w Section 16.2 may be reduced one time only before the maintenance period, at the W discretion of the City. If an extension to any associated permits are granted, the Page 28 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 59 8.C.b M financial guarantees may be increased based on an updated engineer's cost estimate 3 or as determined by the City. Financial guarantees will be fully released only after all n final punchlist items are accomplished, final construction approval, and the elapse of L the two-year maintenance guarantee period with all corrective actions complete and U_ L accepted by the City. 0 m 16.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of y Twenty-Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable x w for the term of this Franchise, in a form and substance reasonably acceptable to City. o z If Franchisee fails to substantially comply with any one or more of the provisions of this Franchise, following written notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any N actual damages suffered by City as a result thereof, including but not limited to staff � time, material and equipment costs, compensation or indemnification of third parties, Z and the cost of removal or abandonment of Facilities. Franchisee specifically agrees U that its failure to comply with the terms of this Section 16.3 will constitute a material L breach of this Franchise, subject to the notice and cure provisions of Section 17.2. o w 0 Franchisee further agrees to replenish the Franchise Bond within 30 days after written o notice from the City that the amount of the Franchise Bond is deficient. The amount U of the Franchise Bond shall not be construed to limit Franchisee's liability or to limit ° c the City's recourse to any remedy to which the City is otherwise entitled at law or in N M equity. N a� 16.4 Form of Bonds. All bonds provided to the City under this Section 16 shall be E a� L on forms provided by the City and with sureties registered with the Washington State a Insurance Commissioner or other financial institutions acceptable to the City. N M U r_ 0 L SECTION 17. — Remedies to Enforce Compliance. U. as 17.1 Reservation of Rights. w 17.1.1 In addition to the remedies provided in this Franchise, the City reserves a� the right to pursue any remedy available at law or in equity to compel or require Page 29 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 60 8.C.b M Franchisee and/or its successors and assigns to comply with the terms of this 3 Franchise. The pursuit of any right or remedy by the City shall not prevent the City W from thereafter declaring a revocation for breach of the conditions. L 17.1.2 All rights and remedies provided in this Franchise shall be in addition U_ L to and cumulative with any and all other rights and remedies available to either the W, City or Franchisee. These rights and remedies are not exclusive, and the exercise of W one or more rights or remedies may not be deemed a waiver of the right to exercise y 3 any other right or remedy at any time. Neither Party intends to waive any other x w rights, remedies, or obligations as provided by law, equity, or otherwise, and nothing o z contained in this Franchise shall be construed to effect any such waiver. 17.2 Procedure upon Breach. If either Party violates or fails to comply with any of N the provisions of this Franchise or a permit issued as required by Section 3.2, or fails � to heed or comply with any notice given under the provisions of this Franchise (the Z "Defaulting Party"), the other Party (the "Non-defaulting Party") shall provide the U Defaulting Party with written notice specifying with reasonable particularity the L nature of the breach and the Defaulting Party shall undertake all commercially 0 w 0 reasonable efforts to cure the breach within 30 days of receipt of notification. If the o Non-defaulting Party reasonably determines the breach cannot be cured within 30 U days, the Non-defaulting Party may specify a longer cure period, and condition the c extension of time on the Defaulting Party's submittal of a plan to cure the breach N within the specified period, commencement of work within the original 30-day cure N period, and diligent prosecution of the work to completion. a� E a� L If the breach is not cured within the specified time, or the Defaulting Party does not a comply with the specified conditions, the Non-Defaulting Party may pursue any N available remedy at law or in equity. Or if Franchisee has failed to timely cure the L breach, the City, at its sole discretion, may elect to: (1) terminate this Franchise pursuant to Section 2.2; (2) claim liquidated damages of Two Hundred Fifty Dollars LL a� ($250.00) per day against Franchisee (and collect from the Franchise Bond if w necessary) as an estimate for damages that the Parties understand will be difficult to W E Page 30 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 61 8.C.b calculate in the event of a default; or (3) extend the time to cure the breach if under the circumstances additional time is reasonably required. L SECTION 18. — Non-Waiver. The failure of either Party to insist upon strict w CU performance of any of the covenants and agreements of this Franchise or to exercise any option conferred in any one or more instances shall not be construed to be a aD waiver or relinquishment of any such covenants, agreements, or option or any other N covenants, agreements, or option. x w 0 z SECTION 19. — Police Powers and City Regulations. Nothing within this CU a, Franchise may be deemed to restrict the City's ability to adopt and enforce all r necessary and appropriate ordinances regulating the performance of the conditions N of this Franchise, including any valid ordinance made in the exercise of its police LO v powers in the interest of public safety and for the welfare of the public. The City shall z6 have the authority at all times to reasonably control by appropriate regulations, consistent with 47 U.S.C. § 253, the location, elevation, manner of construction, and L maintenance of any Facilities by Franchisee, and Franchisee shall promptly conform 0 4- 0 with all such regulations, unless compliance would cause Franchisee to violate other 0 requirements of law. The City reserves the right to promulgate any additional regulations of general applicability as it may find necessary in the exercise of its w c lawful police powers consistent with 47 U.S.C. § 253. In the event of a conflict N between the provisions of this Franchise and any other ordinance(s) enacted under CM the City's police power authority, the other ordinances(s) shall take precedence over a� this Franchise. L Q SECTION 20. — Acceptance. This Franchise may be accepted by Franchisee N by its filing with the City Clerk of an unconditional written acceptance, within 60 days L from the City's execution of this Franchise, in the form attached as Exhibit A. Failure a� of Franchisee to so accept this Franchise will constitute a rejection by Franchisee and U_ aD the rights and privileges granted shall cease. In addition, Franchisee shall file the w certificate of insurance and the additional insured endorsements obtained pursuant a� E 0 Page 31 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 62 8.C.b to Section 14, any construction guarantees and bonds, if applicable, and the costs 3 described in Section 16. ° L SECTION 21. - Survival, All of the provisions, conditions, and requirements U- L in Sections 3, 4, 5, and 13 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, a� or by contract, and shall survive this Franchise, and any renewals or extensions, to y ° the extent provided. All of the provisions, conditions, regulations, and requirements x w contained in this Franchise shall further be binding upon the successors, executors, o z administrators, legal representatives, and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its successors and ° assigns equally as if they were specifically mentioned where Franchisee is named. N r LO SECTION 22. - Assignment and Changes of Ownership or Control. 6 a) U 22.1 Written Consent. Except as set forth below, neither Party may assign or CU transfer its rights or obligations under this Agreement, in whole or part, to a third o party, without the written consent of the other Party which shall not be unreasonably c c withheld, conditioned, or delayed. Any agreed upon assignee will take the place of ° U the assigning Party, and the assigning Party will be released from all of its rights and o L yr obligations upon such assignment. 22.1.1 Notwithstanding the foregoing, Franchisee may at any time, on written N notice to Municipality, assign this Agreement or any or all of its rights and obligations under this Agreement: E a. to any Affiliate of Franchisee; a b. to any successor in interest of Franchisee's business operations in N Municipality in connection with any merger, acquisition, or similar U ° transaction if Franchisee determines after a reasonable investigation U- L that the successor in interest has the resources and ability to fulfill the (D iL obligations of this Agreement; or N LU C. to any purchaser of all or substantially all of Franchisee's Network c Facilities in Municipality if Franchisee determines after a reasonable E Page 32 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 63 8.C.b M investigation that the purchaser has the resources and ability to fulfill 3 the obligations of this Agreement. n L The written notice required by this Section shall be 30 days before the closing of the U- L transaction under subsection a, and 90 days before the closing of any transaction under subsections b and c. In connection with any proposed transaction under a� subsections b and c, Franchisee shall cooperate with any requests from the City for y any information related to the legal, technical and/or financial ability of a proposed x w purchaser or successor in interest to comply with the terms of this Franchise. o z 22.2 Franchisee Responsibility. Following any assignment of this Agreement to an Affiliate, Franchisee will remain responsible for the Affiliate's performance under the N terms of this Agreement. � 0 z SECTION 23. - Eminent Domain. The existence of this Franchise shall not U c preclude the City from acquiring by condemnation in accordance with Applicable L Laws, all or a portion of Franchisee's Facilities for the fair market value. In o w 0 determining the value of Facilities, no value shall be attributed to the right to occupy o the area conferred by this Franchise. 3 0 L SECTION 24. - Vacation. If at any time the City, by ordinance and in N accordance with Applicable Laws, vacates all or any portion of the area affected by N this Franchise, the City shall not be liable for any damages or loss to the Franchisee a� by reason of the vacation. The City shall notify Franchisee in writing not less than 60 a� L days before vacating all or any portion of any such area. The City will, if practicable, a reserve an easement for Franchisee's Facilities under the same terms and conditions N M as this Franchise at the location vacated by City, and if not practicable, the City mayLL L after 60 days' written notice to Franchisee, terminate this Franchise with respect to such vacated area. LL a� a� N W SECTION 25. - Notice. Any notice or information required or permitted to as be given to the Parties under this Franchise shall be sent to the following addresses Page 33 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 64 8.C.b M unless otherwise specified by personal delivery, overnight mail by a nationally 3 recognized courier, or by U.S. certified mail, return receipt requested and shall be n effective upon receipt or refusal of delivery: L U- CITY OF KENT a Attn: City Clerk ? 220 Fourth Avenue South Kent, WA 98032 .y 3 Company Address: x w EZEE FIBER TEXAS, LLC Z 14850 Woodham Dr., Ste. B-105 Houston, TX 77073 r c Attn: legal@ezeefiber.com (for notices) N r SECTION 26. - Compliance with all Applicable Laws. Each Party agrees 0 to comply with all Applicable Laws. This Franchise is subject to ordinances of general a) U applicability enacted pursuant to the City's police powers. Franchisee acknowledges that it shall be solely responsible for compliance with any applicable law or regulation o of the Federal Communications Commission ("FCC") to engage in business associated c c with use of the Rights-of-Way. U 0 L y.. SECTION 27. - Attorneys Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, each Party shall pay all N 1* its legal costs and attorney fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by E law; except that nothing in this section shall be construed to limit the City's right to a indemnification under Section 13 of this Franchise. N U 0 SECTION 28. - Licenses, Fees and Taxes. Before constructing any ii L Facilities or providing Services within the City, Franchisee shall obtain a business or -2 iL utility license from the City, if so required. Franchisee shall pay all applicable taxes 0 on personal property and Facilities owned or placed by Franchisee in the Rights-of- w c Way and shall pay all applicable license fees, permit fees, and any applicable tax E Page 34 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 65 8.C.b unless documentation of exemption is provided to the City and shall pay utility taxes 3 and license fees properly imposed by the City under this Franchise. However, nothing n in this Franchise is intended to alter, amend, modify or expand the taxes and fees L that may lawfully be assessed on Franchisee's business activities under Applicable U- L Laws. 0 m SECTION 29. - Miscellaneous, y x 29.1 Entire Agreement. This Franchise constitutes the entire understanding and Y 0 agreement between the Parties as to the subject matter herein and no other Z agreements or understandings, written or otherwise, will be binding upon the Parties upon execution of this Franchise. L c� N r LO 29.2 Severability. If any section, sentence, clause, or phrase of this Franchise is 0 held to be invalid or unconstitutional by a court of competent jurisdiction, such a) U invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise unless such invalidity or o unconstitutionality materially alters the rights, privileges, duties, or obligations, in c c which event either Party may request renegotiation of those remaining terms of this Franchise materially affected by the court's ruling. o L yr 29.3 Authorized Signatories. The City and Franchisee respectively represent that N S their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such Party's behalf. E a� L Q 29.4 Venue. This Franchise is governed by the laws of the State of Washington. N The United States District Court for the Western District of Washington, and King U 0 County Superior Court have proper venue for any dispute related to this Franchise. U- L LL 29.5 Section Headings. Section headings are intended solely to facilitate the N reading of this Franchise and may not affect the meaning or interpretation of the text w c within this Franchise. E Page 35 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 66 8.C.b 3 29.6 No Third-Party Beneficiaries. There are no third party beneficiaries to this n Franchise. L U- L 29.7 Enforcement. This Franchise may be enforced at both law and in equity. 0 m IN WITNESS WHEREOF, this Franchise is signed in the name of the City of y 3 Kent, Washington this day of , 2025. x w c 0 z ATTEST: CITY OF KENT, WASHINGTON r c 0 ,L^ V N r LO City Clerk Mayor z a) U APPROVED AS TO FORM: L 0 W 0 City Attorney U 0 L yr Accepted and approved this day of , 2025. N M N EZEE FIBER TEXAS, LLC as E as as L Q Name/Title: N U c 0 L U- L U. N w C N E t v Page 36 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 67 8.C.b 3 STATE OF WASHINGTON ) n ss. L County of King ) L I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the x of Ezee Fiber Texas, LLC to be free and voluntary acts of � such art for the uses and purposes mentioned in the instrument. ' party p P Z Dated this day of , 202_. r ,L^ V N r LO O Notary Public in and for the a) State of Washington residing at My commission expires L 0 W O V O L yr N M N r C d E N N L Q V L U- L U. N W C N E t v Page 37 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 68 8.C.b EXHIBIT A 3 a� STATEMENT OF ACCEPTANCE c EZEE FIBER TEXAS, LLC for itself, its successors and assigns, accepts and Ui agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached and incorporated by this reference. Ezee Fiber Texas, LLC declares that it has carefully read the terms and conditions of this Franchise and unconditionally o accepts all of the terms and conditions of the Franchise and agrees to abide by such terms and conditions. Ezee Fiber Texas, LLC has relied upon its own investigation of all relevant facts and it has not been induced to accept this Franchise and it accepts all reasonable risks related to the interpretation of this w Franchise. a 0 z c r EZEE FIBER TEXAS, LLC L c� N r By: Date: Name: z0 Title: U c c L 0 W 0 V 0 L yr N M N r C d E N N L Q V L U- L LL 4) a) N W C N E t v cC Q Packet Pg. 69 8.D 440 KENT DATE: February 4, 2025 TO: Kent City Council SUBJECT: 2025-2026 Recreation Guide Printing/Mailing Services — Authorize MOTION: I move to authorize the Mayor to sign the Goods and Services Agreement with Consolidated Press, LLC., subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In January of 2025, Consolidated Press LLC was selected through a competitive Request for Proposal process for the printing and mailing of the Kent Parks Recreation Guides for the City of Kent Parks Department. The contract will cover the printing and mailing of the Recreation Guides for Spring/Summer, Fall, and Winter throughout the 2025 and 2026 calendar years for a total of $86,700 per year. The City of Kent Parks Department works with the City of Kent Multimedia team to produce a quarterly Recreation Guide that promotes the seasonal program offerings and events coordinated by the Kent Parks Recreation team. Each guide also details pertinent information from other divisions within the City of Kent Parks Department (Riverbend Golf Complex, Park Planning & Development, Human Services, and Park Operations). Each quarter, the City of Kent Parks Department works with a vendor to print and mail a Recreation Guide to roughly 80,000 homes before seasonal registration opens. Approximately 78,000 guides are mailed to residences within the City of Kent and/or Kent School District boundaries; the remaining 2,000 guides are sent to homes in the surrounding cities of Kent who have participated in prior programs/events and have elected to receive a guide at their home. An additional 2,500 Recreation Guides are printed to distribute at City of Kent facilities (Kent Commons Community Center and Kent Senior Activity Center). The Kent Parks Recreation Guides are the Parks Department's largest marketing piece; the guides have consistently been the top marketing tool utilized by the City of Kent Parks Department over the past few decades and are pivotal to the promotion and subsequent success of each quarter. BUDGET IMPACT: None. Packet Pg. 70 8.D SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thrivinci 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. Consolidated Press LLC - Goods and Services Agreement (PDF) 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 71 8.D.a KENT WISHING-1 N GOODS & SERVICES AGREEMENT between the City of Kent and Consolidated Press LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Consolidated Press LLC organized under the laws of the State of Washington, a located and doing business at 600 S Spokane Street, Seattle, WA 98134 (hereinafter the "Vendor"). .3 AGREEMENT c� 0 I. DESCRIPTION OF WORK. m L The Vendor shall provide the following goods and materials and/or perform the following services for the City: N O N LO As described in attached Exhibit A, incorporated herein, the vendor shall work with City of o Kent Parks staff and City of Kent Multimedia staff to provide printing services for the City of cm Kent Parks Program Guides for the Spring/Summer, Fall, and Winter guides produced in 2025 and 2026. N c a� E a� m L Q N The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. cn c II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services [within] [the guide production schedules o provided by the City]. 0 i III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $200,000, v including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: N m L a. Net 30 0 c 0 U c E t U r Card Payment Program. The Vendor may elect to participate in automated credit card payments a provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 72 8.D.a by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. i If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the a option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately .2 make every effort to settle the disputed portion. Cn A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the c Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City c for any additional costs incurred by the City. "Additional costs" shall mean all reasonable c costs, including legal costs and attorney fees, incurred by the City beyond the maximum a Agreement price specified above. The City further reserves its right to deduct these -0a additional costs incurred to complete this Agreement with other sources, from any and all '3 amounts due or to become due the Vendor. 0 B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. m N O N IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Ln Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in N accordance with Ch. 51.08 RCW, the parties make the following representations: r M A. The Vendor has the ability to control and direct the performance and details of its C4 work, the City being interested only in the results obtained under this Agreement. a� B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. ;v Q C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City •2 retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that cn involved under this Agreement. c� D. The Vendor is responsible for filing as they become due all necessary tax documents o with appropriate federal and state agencies, including the Internal Revenue Service L9 and the state Department of Revenue. U J E. The Vendor has registered its business and established an account with the state J 0 Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the a State of Washington. a� F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. c 0 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. E z U VI. CHANGES. The City may issue a written amendment for any change in the goods, materials Q or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 73 8.D.a person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to i reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall .2 proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an u) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent c amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. c :r c The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate a acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for 3 contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. o r VII. FORCE MA7EURE. Neither party shall be liable to the other for breach due to delay or U failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is w prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both N parties represent to the other that at the time of signing this Agreement, they are able to perform as N required and their performance will not be prevented, hindered, or delayed by the current COVID-19 N pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose E performance is prevented or delayed shall promptly notify the other party of the existence and nature of W 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 Q performance and, provided, that the party prevented or delayed has not caused such event to occur and a continues to use diligent, good faith efforts to avoid the effects of such event and to perform the •2 obligation. W U) Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any -a costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. oo Performance that is more costly due to a force majeure event is not included within the scope of this Force c9 Majeure provision. U J If a force majeure event occurs, the City may direct the Vendor to restart any work or J N 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 extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 0 VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give E written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events Zr- giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should Q have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 74 8.D.a otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, i items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN m THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED c BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following c information: L IL 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate o was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. m B. Records. The Vendor shall keep complete records of extra costs and time incurred as a N result of the asserted events giving rise to the claim. The City shall have access to any of Lh the Vendor's records needed for evaluating the protest. N The City will evaluate all claims, provided the procedures in this section are followed. If the i City determines that a claim is valid, the City will adjust payment for work or time by an C4 equitable adjustment. No adjustment will be made for an invalid protest. �. c a� C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed E promptly to provide the goods, materials and services required by the City under this a� Agreement. Q a� D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor •2 also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). cn c c� E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the °o City any written or oral order (including directions, instructions, interpretations, and 0 determination). U J IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING J FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. a THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work ;a provided under this Agreement in accordance with the provisions of this Agreement. In addition to any to other warranty provided for at law or herein, this Agreement is additionally subject to all warranty 6 provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The E Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the a existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 75 8.D.a the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and i the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Cn Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national c origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who •Fa is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative c Policy 1.2. L a XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or 3 suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's L9 performance of this Agreement, except for that portion of the injuries and damages caused by the City's o negligence. L V The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. N 0 N IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Ln PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL o INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES C1' FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. CO) N In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having w jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and a� reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful Q refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. cn XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. °o 0 XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the � performance of the contract work and shall utilize all protection necessary for that purpose. All work shall J N be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. a a� XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its t contractors and consultants to use recycled and recyclable products whenever practicable. A price � preference may be available for any designated recycled product. .. c as B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the E covenants and agreements contained in this Agreement, or to exercise any option conferred by this u Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 76 8.D.a C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules i 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 .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 u) award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's c right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at c the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or a 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. 3 c� E. Assignment. Any assignment of this Agreement by either party without the written consent ro- of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. m F. Modification. No waiver, alteration, or modification of any of the provisions of this N Agreement shall be binding unless in writing and signed by a duly authorized representative of the City N and the Vendor. N 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 w 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. Q H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's •2 business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of a) the performance of those operations. cn c c� I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the v, Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, c emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may c0 be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and L_)J obligations under the Public Records Act. J as J. City Business License Required. Prior to commencing the tasks described in Section I, a. Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any to 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. E U 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 GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 77 8.D.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: rn a� By: By: Print Name: Print Name: Dana Ralph c Its Its Mayor a� c DATE: DATE: c •L a a� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: C9 c VENDOR: CITY OF KENT: 0 r W Brenda Monkewicz Haleigh Elliott Consolidated Press LLC City of Kent 600 S Spokane Street 220 Fourth Avenue South N Seattle, WA 98134 Kent, WA 98032 N LO (206) 447-9659 (telephone) (253) 856-5023 (telephone) N bmonk@consolidatedpress.com (email) helliott@kentwa.gov (email) M APPROVED AS TO FORM: r c a� E W Kent Law Department L a� Q ATTEST: aNi L U) Kent City Clerk 0 0 C9 [In this field,you may enter the electronic filepath where the contract has been saved] U J J N N d L CU 0 0 U c w E t U r Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 78 8.D.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY i N N V The City of Kent (City) is committed to conform to Federal and State laws regarding equal i opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who cn perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: c c • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. a 252), (prohibits discrimination on the basis of race, color, national origin); a .3 c� • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs o Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); ;v as • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for N Enforcement of Title VI of the Civil Rights Act of 1964). N LO N • Ch. 49.60 RCW (Washington Law Against Discrimination) N r M N The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and � Regulations". E The following statements specifically identify the requirements the City deems necessary for any L contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of Q 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 •2 outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. c The statements are as follows: a 0 0 1. I have read the attached City of Kent administrative policy number 1.2. 1 U J 2. During the time of this Agreement I will not discriminate in employment on the basis of J sex, race, color, national origin, age, or the presence of all sensory, mental or physical a disability. a a� 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 `0- opportunity employer. o U 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. E U 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 79 8.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- 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 'i may be amended from time to time, which are herein incorporated by reference cn and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of L materials and leases of equipment. The contractor will not participate directly or a 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. 0 r 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 N procurements of materials, or leases of equipment, each potential subcontractor or N supplier will be notified by the contractor of the contractor's obligations under this N contract and the Acts and the Regulations relative to non-discrimination on the N grounds of race, color, or national origin. M N 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 E permit access to its books, records, accounts, other sources of information, and its a 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 Q 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 cn Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. N 0 E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with 00 the non-discrimination provisions of this contract, the City will impose such contract U sanctions as it or the Washington State Department of Transportation may _J determine to be appropriate, including, but not limited to: 0 a. a� L a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 0 0 c F. Incorporation of Provisions: The contractor will include the provisions of 0 paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of 2 Transportation may direct as a means of enforcing such provisions including a sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 80 8.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. a� 6. During the performance of this contract, the contractor, for itself, its assignees, and 5 successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: c w c i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), a (prohibits discrimination on the basis of race, color, national origin); and 49 CFR .3 Part 21. c� ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of o 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or L whose property has been acquired because of Federal or Federal-aid programs and projects); W N iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits N discrimination on the basis of sex); N 0 iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; M V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), v (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as E amended, (prohibits discrimination based on race, creed, color, national origin, or 2) sex); a 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 a Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, o whether such programs or activities are Federally funded or not); 0 viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination U on the basis of disability in the operation of public entities, public and private -J transportation systems, places of public accommodation, and certain testing entities N (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation a regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and y sex); o U X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- E discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental a effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 81 8.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 •2 74100); cn xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) c L 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. :2 c� By signing below, I agree to fulfill the five requirements referenced above. o a� L V By. N For: N LO N Title: N r M Date: N C N E N N L Q N V d U) O /O V U J J N N d L a. Y O 0 U c E t U r Q EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 82 8.D.a CITY OF KENT ADMINISTRATIVE POLICY i N N V NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 a� c SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 9 c L APPROVED BY Dana Ralph, Mayor a as POLICY: 0 Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, N must take the following affirmative steps: N LO N 1. Provide a written statement to all new employees and subcontractors indicating N commitment as an equal opportunity employer. r M N 2. Actively consider for promotion and advancement available minorities and women. , c a� Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the E City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Q a� Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public o Works Departments to coordinate with the City's Title VI coordinator, and perform the following 0 duties for their respective departments. U J 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 0 regulations are familiar with the regulations and the City's equal employment opportunity a policy. a a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 2 0 c 0 U c E t U r Q EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 83 EXHIBIT A 8.D.a V V11�7VIIYQLiiM 1 Ili r7.7 VVV ucuvLar`1v1 1 600 S Spokane St 36712 Seattle,WA 98134 rrrtir! Phone: (206)447-9659 1 .ffWt;'vV 5WVUQPN In alit to Fax: (206)447-9477 http:ltwww.consolidatedpress.com > L tip 'o: Date 12/31/24 c Salesperson Kandy Hruby =_ ;ity of Kent 20 4th Avenue South Cent,WA 98032 w 3hone: (253)856-5056 L :ax: (253)856-4700 li tv C9 c thank you for the opportunity to quote this project. The prices below are based on the specifications indicated. ° (v Project specifications and pricing below. L v d )ascription Park Program Guides 2025 RFP :final Size 8.25 x 10.75 N ?aper 8t Ink 40#Gloss, 70 Bright-4CP all pages- bleed N 2repress Preflight, Computer Time, Content&Color Proof, PDF proof only to Client N tress Web N =finishing Saddle Stitch, 2,500 bundle, balance skid for mailing services, 1%Unders/1%Overs Shipping Deliver 2,500 bundled copies to Kent Commons-525 4th Ave N, Kent,WA 98032 (253-856-5000) N v Drices 48 pages self cover = Quantity Prices Per Addl M Total Price E 82,500 $24,962.03 $255.1519 $24,962.03 56 Page Self Cover a, Quantity Prices Per Addl M Total Price Q 82,500 $32,274.75 $325.3843 $32,274.75 64 Page Self Cover L Quantity Prices Per Addl M Total Price 82,500 $34,935.29 $358.6696 $34,935.29 5% Maximum Paper increase with advance notice and to Inkjet-Upload 1 File, NCOA, CASS, presort, Inkjet, USPS Documentation, Deliver to Kent PO o Quantity Prices Per Addl M Total Price 0 2,000 $382.06 $88.4467 $382.06 1 Simplified (Bundle/top sheet), USPS Documentation, Deliver to Kent PO � Quantity Prices Per Addl M Total Price N 78,000 $1,099.94 $12.967 $1,099.94 CU <andy Hruby :2 Z06-227-0948 Mobile o chruby@consolidatedpress.com o U Quotations are based on the specificetlons above. � CP may revise the quote when the Job is submitted if the spgc ficatbns do not match the original information on which the quote was based. Terms are 50%down and balance C.O.D.unless prior arrangements have been made with the accounting department. E Service tee of 3%for credit card payments.Pdcing is valid for 30 days.Past due invoices wfll be charged interest at 1.5%per month. t Over-runs and undera ins will not exceed the order quantity by more than 5%unless otherwise noted above. V R Page 1 of 2 Q Packet Pg. 84 8.D.a Exhibit B , Insurance Requirements Insurance cn Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which 2 may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or a subcontractors. .3 A. Minimum Scope of Insurance 0 r Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance N Services Office (ISO) occurrence form CG 00 01 and shall cover N liability arising from premises, operations, independent contractors, o products-completed operations, personal injury and advertising injury, cm and liability assumed under an insured contract. The Commercial M 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 Contractor's Commercial General E Liability insurance policy with respect to the work performed for the L City using ISO additional insured endorsement CG 20 10 11 85 or a a 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 v, be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the c liability limits as required in this Agreement. This form of insurance will 0 be acceptable if all the Primary and Umbrella or Excess Policies shall 0 provide all the insurance coverages herein required. The Umbrella or _J Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the a underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property y damage liability coverage for all automobiles/vehicles used in the 0 performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability a Packet Pg. 85 8.D.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3 L Workers' Compensation coverage for the employees of Contractor and cn subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance w _ •L a Contractor shall maintain the following insurance limits: .3 Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, r and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. N Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 N Waiver of Subrogation o N Automobile Liability insurance with a minimum combined single limit M for bodily injury and property damage of $1,000,000 per occurrence. r If the Contractor maintains broader coverage and/or higher limits than the E minimums shown above, the City requires and shall be entitled to the L broader coverage and/or the higher limits maintained by the Contractor. a Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy L limits may be obtained with excess liability (umbrella) insurance. cn _ C. Other Insurance Provisions N 0 0 The insurance policies are to contain, or be endorsed to contain, the following provisions: J J 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or a insurance pool coverage maintained by the City shall be in CU excess of the Contractor's insurance policies and shall not :2 contribute to the Contractor's insurance policies. 0 _ 0 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days E before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the r a Packet Pg. 86 8.D.a City with written notice of cancellation forty-five (45) days , before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of cn any cancellation, non-renewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work a performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is N brought, except with respect to the limits of the insurer's N LO liability. N N D. Acceptability of Insurers M N Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E L E. Verification of Coverage a Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the cn additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor °o fails to provide the City with a copy of the endorsement naming the City as a 0 Primary Non-Contributory Additional Insured. 0 J J F. Subcontractors L Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance y requirements as stated herein for the Contractor. `o U c E t U r Q Packet Pg. 87 KPLLCOM-01 8.D.a '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. to N IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed .� If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OG66614 CONTACT )One Risk Group,LLC DBA:One Risk Management&Insurance Services PHONE FAX 2000 Crow Canyon PI,Suite 160 (A/C,No,Ext): (925)226-7350 (A/C,No):(925)226-7380 — San Ramon,CA 94583 ADDRIESS:Certificates@oneriskgroup.com INSURERS AFFORDING COVERAGE NAIC# tM INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Sentinel Insurance Company Ltd 11000 L Consolidated Press LLC INSURER C: IL c/o KP LLC a� 13951 Washington Avenue INSURER D: a San Leandro,CA 94578 INSURER E: O (0 INSURER F: C COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI y INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! L V CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY NC A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 N CLAIMS-MADE X OCCUR P-630-3D449614-TIL-24 7/1/2024 7/1/2025 DAMAGE TO RENTED 300,1 In X X PREMISES Ea occurrence $ N MED EXP(Any oneperson) $ 5,1 N PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 M N X POLICY El PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,1 S OTHER: WA STOP GAP EL $ 1,000,1 A COMBINED SINGLE LIMIT 1 000,1 N AUTOMOBILE LIABILITY Ea accident $ ' E X ANY AUTO X BA-2NO25575-24-43-G 7/1/2024 7/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED L AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE P act $ AUTOS ONLY AUTOS ONLY er ciden N $ W A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ To—, .V EXCESS LIAB CLAIMS-MADE CUP-7J779123-24-43 7/1/2024 7/1/2025 AGGREGATE $ 10,000,1 y DED X RETENTION$ 0 PCO Aggregate $ 10,000,1 B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERH ANY PROPRIETOR/PARTNER/E Y/N 57WE BG8SSZ 7/1/2024 7/1/2025 E.L.EACH ACCIDENT $ 1,000,1 to XECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L.DISEASE-EA EMPLOYEE $ 1,000,1 p If yes,describe under 1,000,1 O DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 0 I U J J N DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is additional insured to the extent provided in the attached form.Primary wording to the extent provided in the attached form.Waiver of Subrogation applies to General Liability to the extent provided in the attached form. IIL N O to C O CERTIFICATE HOLDER CANCELLATION U c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI The City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It t Y ACCORDANCE WITH THE POLICY PROVISIONS. V 220 4th Avenue South tea Kent,WA 98032 Q AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 88 8.D.a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , N N V BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations if Required By Contract) Cn, This endorsement modifies insurance provided under the following: a� COMMERCIAL GENERAL LIABILITY COVERAGE PART c L IL PROVISIONS (1) Any "bodily injury", "property damage" or :2 The following is added to SECTION II — WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional r- architectural, engineering or surveying Any person or organization that you agree in a services, including: written contract or agreement to include as an g: ;v additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, c "property damage" that occurs, or for "personal field orders or change orders, or the LO injury" caused by an offense that is committed, preparing, approving, or failing to c subsequent to the signing of that contract or prepare or approve, drawings and `IA agreement and while that part of the contract or specifications; and M agreement is in effect; and 04 b. If, and only to the extent that, such injury or (b) Supervisory, inspection, architectural or S engineering activities. �. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" E work" to which the written contract or agreement caused by "your work" and included in the L applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement N the independent acts or omissions of such specifically requires you to provide such 2 person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. to subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable t0 agreement, the insurance provided to the of an "occurrence" or an offense which may a additional insured will be limited to such result in a claim. To the extent possible, such V minimum required limits. For the purposes of notice should include: J determining whether this limitation applies, the (a) How, when and where the "occurrence" ui minimum limits required by the written contract or or offense took place; agreement will be considered to include the a minimum limits of any Umbrella or Excess (b) The names and addresses of any injured � liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. — (c) The nature and location of any injury or o This provision will not increase the limits of W damage arising out of the "occurrence" r- insurance described in Section III — Limits Of or offense. 0 Insurance. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: E z U r Q CG D2 46 04 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Packet Pg. 89 8.D.a COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any l claim or"suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional V to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable. condition does not affect whether the a� insurance provided to such additional c (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV — Commercial a comply with all policy conditions. General Liability Conditions. .3 0 r m L V NN� L7� N O N LO N O N r M N C N E N (D L Q N V d U) O /O V U J J to N d L a. Y O 0 U c E t U r Q Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 Packet Pg. 90 8.D.a COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon 0) limit of insurance or none of the loss remains, your representations. 9 whichever comes first. The unintentional omission of, or unintentional error `° If any of the other insurance does not permit in, any information provided by you which we relied a� contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision L share is based on the ratio of its applicable limit does not affect our right to collect additional a- of insurance to the total applicable limits of premium or to exercise our rights of cancellation or :2 insurance of all insurers. nonrenewal in accordance with applicable insurance 3 0 d. Primary And Non-Contributory Insurance If laws or regulations. r_ Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or m Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to Q other insurance that is available to such insured a. As if each Named Insured were the only ,n which covers such insured as a named insured, Named Insured; and N and we will not share with that other insurance, b. Separately to each insured against whom claim cm provided that: is made or"suit" is brought. M 04 (1) The "bodily injury' or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, Q agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage Cn Part in accordance with our rules and rates. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal -a advance premium is a deposit premium only. At not less than 30 days before the expiration date. °o the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient 0 the earned premium for that period and send proof of notice. V notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS � shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or ui the advance and audit premiums paid for the published to the general public or specific market . a policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material ,°� the information we need for premium placed on the Internet or on similar electronic o computation, and send us copies at such times means of communication; and V as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services E By accepting this policy,you agree: for the purposes of attracting customers or U supporters is considered an advertisement. f° Q Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Packet Pg. 91 8.D.a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , N N V XTEND ENDORSEMENT FOR SERVICE INDUSTRIES Cn This endorsement modifies insurance provided under the following: _ COMMERCIAL GENERAL LIABILITY COVERAGE PART a� GENERAL_ DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be •7 excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions a a) do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a :a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. 0 A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To L B. Who Is An Insured — Employees And Volunteer Premises Workers — Bodily Injury To Co-Employees And H. Blanket Additional Insured �- Governmental Co-Volunteer Workers N Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Operations Cn Limited Liability Companies I. Blanket Additional Insured — Grantors Of c N D. Blanket Additional Insured — Broad Form Franchises Vendors J. Incidental Medical Malpractice N E. Blanket Additional Insured — Controlling Interest K. Blanket Waiver Of Subrogation F. Blanket Additional Insured — Mortgagees, c Assignees, Successors Or Receivers E a� m L b. After the date, if any, during the policy period Q PROVISIONS rn that you no longer maintain an ownership A. WHO IS AN INSURED — UNNAMED interest of more than 50% in such subsidiary. SUBSIDIARIES For purposes of Paragraph 1. of Section II —Who The following is added to SECTION II — WHO IS Is An Insured, each such subsidiary will be 'D AN INSURED: deemed to be designated in the Declarations as: c_a Any of your subsidiaries, other than a partne rship a• A limited liability company; o or joint venture, that is not shown as a Named b. An organization other than a partnership, G ointventure or limited liability company; or I Insured in the Declarations is a Named Insured 1 Y P Y� , if: c. A trust; J a. You are the sole owner of, or maintain an as indicated in its name or the documents that J ownership interest of more than 50% i n,such govern its structure. subsidiary on the first day of the policy B. WHO IS AN INSURED — EMPLOYEES AND a period; and VOLUNTEER WORKERS — BODILY INJURY as b. Such subsidiary is not an insured under TO CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS — The following is added to Paragraph 2.a.(1) of r°n No such subsidiary is an insured for "bodily c injury" or "property damage" that occurred, or SECTION II —WHO IS AN INSURED: V "personal and advertising injury" caused by an Paragraphs (1)(a), (b) and (c) above do not offense committed. apply to "bodily injury" to a co-"employee" while (D in the course of the co-"employee's" employment E a. Before you maintained an ownership interest by you or performing duties related to the of more than 50% i n such subsidiary; or conduct of your business, or to "bodily injury" to Q CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 92 8.D.a COMMERCIAL GENERAL LIABILITY your other "volunteer workers" while performing D. BLANKET ADDITIONAL INSURED -- BROAD duties related to the conduct of your business. FORM VENDORS C. WHO IS AN INSURED — NEWLY ACQUIRED The following is added to SECTION II —WHO IS OR FORMED LIMITED LIABILITY COMPANIES AN INSURED: Cn The following replaces Paragraph 3. of Any person or organization that is a vendor and a) you ou have agreed in a written contract or E SECTION II —WHO IS AN INSURED: 9 — 3. Any organization you newly acquire or form, agreement to include as an additional insured on other than a partnership or joint venture, and this Coverage Part is an insured, but only with of which you are the sole owner or in which respect to liability for "bodily injury" or "property you maintain an ownership interest of more damage" that: a L than 50%, will qualify as a Named Insured if a. Occurs subsequent to the signing of that there is no other similar insurance available contract or agreement; and 3 to that organization. However: b. Arises out of your products that are a. Coverage under this provision is distributed or sold in the regular course of afforded only: such vendor's business. L (1) Until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end to the following provisions: of the policy period, whichever is o earlier, if you do not report such a The limits of insurance provided to such organization in writing to us within vendor will be the minimum limits that you LO 180 days after you acquire or form it; agreed to provide in the written contract or N or agreement, or the limits shown in the _ Declarations, whicheverare less. M N (2) Until the end of the policy period, � when that date is later than 180 da ys b. The insurance provided to such vendor does after you acquire or form such not apply to: organization, if you report such (1) Any express warranty not authorized by organization in writing to us within you or any distribution or sale for a 180 days after you acquire or form it; purpose not authorized by you; Q rn b. Coverage A does not apply to "bodily (2) Any change in "your products" made by injury" or "property damage" that such vendor; occurred before you acquired or formed cn the organization; and (3) Repackaging, unless unpacked solely for 'D the purpose of inspection, c. Coverage B does not apply to "personal demonstration, testing, or the and advertising injury" arising out of an substitution of parts under instructions °o offense committed before you acquired from the manufacturer, and then 0 or formed the organization. repackaged in the original container; I U For the purposes of Paragraph 1. of Section (4) Any failure to make such inspections, � II — Who Is An Insured, each such adjustments, tests or servicing as N organization will be deemed to be vendors agree to perform or normally designated in the Declarations as: undertake to perform in the regular a a. A limited liability company; course of business, in connection with 4) the distribution or sale of "your b. An organization, other than a products"; o partnership, joint venture or limited liability company; or (5) Demonstration, installation, servicing or o c. A trust; repair operations, except such c.) operations performed at such vendor's as indicated in its name or the documents premises in connection with the sale of a) that govern its structure. your products"; or z U r Q Page 2 of 5 ©2017 The Travelers Indemnity Company. All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 93 8.D.a COMMERCIAL GENERAL LIABILITY (6) "Your products" that, after distribution or a. Is "bodily injury" or "property damage" that 1 sale by you, have been labeled or occurs, or is "personal and advertising injury" V) relabeled or used as a container, part or caused by an offense that is committed, V ingredient of any other thing or subsequent to the signing of that contract or substance by or on behalf of such agreement; and cn vendor. b. Arises out of the ownership, maintenance or Coverage under this provision does not apply to: use of the premises for which that = a. Any person or organization from whom you mortgagee, assignee, successor or receiver have acquired "your products", or any is required under that contract or agreement c ingredient, part or container entering into, to be included as an additional insured on accompanying or containing such products; this Coverage Part. L or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the 2 additional insured specifically is scheduled following provisions: 0 by endorsement. a. The limits of insurance provided to such r- 0 E. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to ;v provide in the written contract or agreement, 1. The following is added to SECTION II — or the limits shown in the Declarations, WHO IS AN INSURED: whichever are less. N Any person or organization that has financial b. The insurance provided to such person or N control of you is an insured with respect to organization does not apply to: LO N liability for "bodily injury", "property damage" o or "personal and advertising injury" that (1) Any "bodily injury" or "property damage" N arises out of: that occurs, or any "personal and r advertising injury" caused by an offense N a. Such financial control; or that is committed, after such contract or S b. Such person's or organization's agreement is no longer in effect; or ownership, maintenance or use of (2) Any "bodily injury", "property damage" or E premises leased to or occupied by you. It aD personal and advertising injury" arising The insurance provided to such person or out of any structural alterations, new organization does not apply to structural construction or demolition operations Q alterations, new construction or demolition performed by or on behalf of such operations performed by or on behalf of such mortgagee, assignee, successor or V person or organization. receiver. m 2. The following is added to Paragraph 4. of G. BLANKET ADDITIONAL INSURED — U) SECTION II—WHO IS AN INSURED: GOVERNMENTAL ENTITIES — PERMITS OR This paragraph does not apply to any AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has The following is added to SECTION II --WHO IS °o financial control of you. AN INSURED; 0 F. BLANKET ADDITIONAL INSURED — 1 Any governmental entity that has issued a permit V MORTGAGEES, ASSIGNEES, SUCCESSORS or authorization with respect to premises owned —J OR RECEIVERS or occupied by, or rented or loaned to, you and rn The following is added to SECTION II — WHO IS that you are required by any ordinance, law, m AN INSURED: building code or written contract or agreement to a Any person or organization that is a mortgagee, include as an additional insured on this assignee, successor or receiver and that you Coverage Part is an insured, but only with ca have agreed in a written contract or agreement respect to liability for "bodily injury", "property to include as an additional insured on this damage" or "personal and advertising injury" 0 Coverage Part is an insured, but only with arising out of the existence, ownership, use, o respect to its liability as mortgagee, assignee, maintenance, repair, construction, erection or V successor or receiver for"bodily injury", "property removal of any of the following for which that damage" or "personal and advertising injury" governmental entity has issued such permit or that: authorization: advertising signs, awnings, r Q CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance services Office, Inc.with its permission. Packet Pg. 94 8.D.a COMMERCIAL GENERAL LIABILITY canopies, cellar entrances, coal holes, medical services", first aid or "Good driveways, manholes, marquees, hoist away Samaritan services" to a person, unless U) openings, sidewalk vaults, elevators, street you are in the business or occupation of banners or decorations. providing professional health care m H. BLANKET ADDITIONAL INSURED — services. v) GOVERNMENTAL ENTITIES — PERMITS OR 2. The following replaces the last paragraph of c AUTHORIZATIONS RELATING TO Paragraph 2.a.(1) of SECTION II — WHO IS •7 OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care c Any governmental entity that has issued a permit services, Paragraphs (1)(a), (b), (c) and (d) a or authorization with respect to operations above do not apply to "bodily injury" arising W performed by you or on your behalf and that you out of providing or failing to provide: 3 are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse o additional insured on this Coverage Part is an assistant, emergency medical insured, but only with respect to liability for technician, paramedic, athletic trainer, "bodily injury", "property damage" or "personal audiologist, dietician, nutritionist, and advertising injury" arising out of such occupational therapist or occupational N operations. therapy assistant, physical therapist or c The insurance provided to such governmental speech-language pathologist; or LO entity does not apply to: (b) First aid or "Good Samaritan services" o by any of your"employees" or "volunteer N a. Any "bodily injury", "property damage" or workers", other than an employed or r "personal and advertising injury" arising out volunteer doctor. Any such "employees" 04 of operations performed for the or "volunteer workers" providing or failing governmental entity; or to provide first aid or "Good Samaritan c b. Any "bodily injury" or "property damage" services" during their work hours for you E included in the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or a, I. BLANKET ADDITIONAL INSURED _ performing duties related to the conduct N of your business. GRANTORS OF FRANCHISES 3. The following replaces the last sentence of The following is added to SECTION II — WHO IS Paragraph 5. of SECTION III — LIMITS OF rn AN INSURED: INSURANCE: U) Any person or organization that grants a For the purposes of determining the franchise to you is an insured, but only with applicable Each Occurrence Limit, all related rn respect to liability for "bodily injury", "property acts or omissions committed in providing or o damage" or "personal and advertising injury" failing to provide "incidental medical 0 arising out of your operations in the franchise services", first aid or "Good Samaritan I granted by that person or organization, services" to any one person will be deemed U If a written contract or agreement exists between to be one "occurrence". � you and such additional insured, the limits of 4. The following exclusion is added to ui insurance provided to such insured will be the Paragraph 2., Exclusions, of SECTION I — a minimum limits that you agreed to provide in the COVERAGES — COVERAGE A — BODILY a. written contract or agreement, or the limits INJURY AND PROPERTY DAMAGE shown in the Declarations, whichever are less. LIABILITY: J. INCIDENTAL MEDICAL MALPRACTICE Sale Of Pharmaceuticals y 1. The following replaces Paragraph b. of the "Bodily injury" or "property damage" arising o definition of "occurrence" in the out of the violation of a penal statute or V ordinance relating to the sale of DEFINITIONS Section: pharmaceuticals committed by, or with the b. An act or omission committed in knowledge or consent of,the insured. z providing or failing to provide "incidental r Q Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 95 8.D.a COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS subject to Paragraph 2.a.(1) of Section II -- Section: Who Is An Insured. w a� "Incidental medical services" means: K. BLANKET WAIVER OF SUBROGATION a. Medical, surgical, dental, laboratory, x- The following is added to Paragraph 8., Transfer Cn ray or nursing service or treatment, Of Rights Of Recovery Against Others To Us, a) advice or instruction, or the related of SECTION IV — COMMERCIAL GENERAL 9 furnishing of food or beverages; or LIABILITY CONDITIONS: b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of recovery against any person or organization, we a 6. The following is added to Paragraph 4.b.,Excess Insurance, of SECTION IV — waive our right of recovery against such person COMMERCIAL GENERAL LIABILITY or organization, but only for payments we make 3 CONDITIONS: because of: C9 This insurance is excess over any valid and a. "Bodily injury" or "property damage" that rO collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, b. "Personal and advertising injury" caused by that is available to any of your "employees" an offense that is committed; for "bodily injury" that arises out of providing m or failing to provide "incidental medical subsequent to the execution of the contract or N services" to any person to the extent not agreement. N N O N r M N C N E N N L t� Q N V d U) O /O V I U J J N N d L a. Y O 0 U c E t U r Q CG D4 67 02 19 ©2017 The Travelers indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 96 8.D.a COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. to N BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCECn This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM c L PROVISIONS 2. The following is added to Paragraph B.5., Other (L 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and o This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the bodily injury" or 'property damage" occurs and first named insured when the written contract or c that is in effect during the policy period, to name agreement between you and that person or N as an additional insured for Covered Autos organization, that is signed by you before the c Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and N this insurance applies and only to the extent of that is in effect during the policy period, requires r that person's or organization's liability for the this insurance to be primary and non-contributory. N conduct of another"insured". c a� E a� m L Q (n V d U) O /O V I U J J to to d L a. Y O 0 U c E t U r Q CA T4 74 02 16 ©2016 The Travelers Indemnity company,All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 97 8.E • KENT W A S M I N G T O N DATE: February 4, 2025 TO: Kent City Council SUBJECT: Accept Funds From the Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 Project - Accept MOTION: I move to accept grant funds in the amount of $490,000 from the Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 project, amend the budget, and authorize the expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Each year, the City is eligible to apply for multiple grant opportunities. Each grant has specific eligibility requirements and evaluation criteria to award funding. At the beginning of each grant cycle, staff present potential projects or programs to Council for grant requests. The Transportation Improvement Board (TIB) sent out a call for projects in 2024 with funds available through the Urban Active Transportation (UATP) and Complete Streets (CS) Programs. The UATP program supports projects that improve pedestrian and cyclist safety, mobility, and connectivity. CS projects are those that show practice of planning and building streets to accommodate all users including pedestrians, access to transit, cyclists, and motorists of all ages and abilities. The City received an award of $490,000 in UATP funds for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 project. The project would construct a pedestrian path on the west side of the street from S.E. 276th Street to S.E. 278th Place, including curb ramps and pavement improvements. The project would also connect two existing sidewalk segments and connects into projects previously funded in part by TIB. The project is estimated at $613,000. BUDGET IMPACT: Grant funds would be used along with Street Fund dollars to complete the project. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 98 8.E 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. 132nd Avenue S.E. Pedestrian Improvement Phase 3 Award Letter (PDF) 2. 132nd Ave S.E. Pedestrian Improvement Phase 3 Grant Agreement - DRAFT (PDF) 3. 132nd Avenue S.E. Pedestrian Improvement Phase 3 Funding Status Form (PDF) 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 99 �• �Pet84s�e Washington State ' Transportation Improvement Board 4� 7Pryon ImP10,0� E d > O L iQ TIB Members E November 22, 2024 c Chair Councilmember Sam Low +' M Snohomish County r' O Vice Chair a Mayor Hilda Gonzalez Chad Bieren, P.E. City of Granger Public Works Director M L Susan Carter City of Kent Hopelink 220 4th Avenue South Kent Cash Kent, WA 98032-5838 E Port of Vancouver O L U_ Barbara Chamberlain fn WSDOT Dear Chad Bieren: Dongho Chang iy WSDOT Congratulations! The Transportation Improvement Board (TIB) is pleased to announce Q. Scott Chesney the selection of your project, 132nd Avenue SE Pedestrian Improvement Phase 3, SE Spokane County 276th St to SE 278th PI, TIB project number C-P-106(005)-1. Q Vicky Clarke Cascade Bicycle Club&Washington TIB is awarding 79.9347% of approved eligible project costs with a maximum grant of M Bikes $490,000.Nick Covey cm Link Transit Before any work is permitted on this project, you must complete and email the following u, Andrew Denham items to your TIB engineer: J Town ofTwisp 0 Verify the information on the attached Project Funding Status Form and revise, Stephanie Forman Forman Consulting if necessary. Sign and email a copy. 3 Q Preston Frederickson • Submit the section of your adopted Six-Year Transportation Improvement Plan M City of Walla Walla listing this project. n �9 Commissioner Al French 0 Sign and email one copy of the Fuel Tax Grant Distribution Agreement. Spokane County Commissioner Scott Hutsell You may only incur reimbursable expenses after you receive approval from TIB. This Lincoln County project must advertise for bids no later than May 1 and construction activities E shall start no later than July 1 of the year of scheduled construction, unless > Councilmember Jon Pascal O City of Kirkland TIB provides an extension in writing. 0. Les Reardanz In accordance with RCW 47.26.084, you must certify full funding by November 22, E Whatcom Transportation Authority C 2025, or the grant may be terminated. Grants may also be rescinded due to M Mayor Kim Roscoe City of Fife unreasonable project delays as described in WAC 479-05-211. Maria Thomas If you have questions, please contact Greg Armstrong, TIB Project Engineer, at a Office of Financial Management GregA(a�TIB.wa.gov. W John Vicente C6 City of Kenmore Sincerely, 7 Jennifer Walker C Thurston County Q Jane Wall County Road Administration Board Ashley Probart M Executive Director Ashley Probart Executive Director d E P.O.Box40901 Enclosures Olympia,WA 98504-0901 Phone:360-586-1140 ram+ www.tib.wa.gov Q Investing in your local community Packet Pg. 100 8.E.b City of Kent o C-P-106(005 132nd Avenue SE Pedestrian Improvement Phase 3 0 SE 276th St to SE 278th PI �- c L STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD c AND U- City of Kent AGREEMENT U- t Q. a� U THIS GRANT AGREEMENT (hereinafter "Agreement") for the 132nd Avenue SE Pedestrian Q Improvement Phase 3, SE 276th St to SE 278th PI (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and N City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). U- 1.0 PURPOSE 0 For the project specified above, TIB shall pay 79.9347 percent of approved eligible project costs up to the amount of$490,000, pursuant to terms contained in the RECIPIENT'S Grant as Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. a 2.0 SCOPE AND BUDGET /L^ V The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction a Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. E as 3.0 PROJECT DOCUMENTATION o a E TIB requires RECIPIENT to make reasonable progress and submit timely Project r- documentation as applicable throughout the Project. Upon RECIPIENT's submission of each 2 Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a a) Project Funding Status Form ui b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate a d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities M f) Project Accounting History r c 4.0 BILLING AND PAYMENT E The local agency shall submit progress billings as project costs are incurred to enable TIB to a maintain accurate budgeting and fund management. Payment requests may be submitted as Packet Pg. 101 8.E.b often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable r_ amounts are greater than $50,000. If progress billings are not submitted, large payments may 2 be delayed or scheduled in a payment plan. 0 a 5.0 TERM OF AGREEMENT c c� L This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. o U_ 6.0 AMENDMENTS -a c This Agreement may be amended by mutual agreement of the Parties. Such amendments shall `_ not be binding unless they are in writing and signed by persons authorized to bind each of the 4) Parties. a 7.0 ASSIGNMENT N S The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a o waiver of the RECIPIENT's other rights under this Agreement. c as 8.0 GOVERNANCE &VENUE E as as L This Agreement shall be construed and interpreted in accordance with the laws of the state of a Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. M 9.0 DEFAULT AND TERMINATION n 9.1 NON-COMPLIANCE a a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. o a b) In response to the notice, RECIPIENT shall provide a written response within 10 E c business days of receipt of TIB's notice of non-compliance, which should include either a 0 L detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. a c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward ui compliance pursuant to its plan to correct or implement its amendment to the Project. C6 as a d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional M reimbursable costs during the investigation. r c 9.2 DEFAULT E RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: 2 a Packet Pg. 102 8.E.b a) RECIPIENT is not making reasonable progress toward correction and r_ compliance. 2 b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. a N C TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. E 0 L 9.3 TERMINATION U_ N a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which Q. shall be served in person, by email or by certified letter. Upon service of notice of 4) termination, the RECIPIENT shall immediately stop work and/or take such action as may Q be directed by TIB. M N b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. 0 c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. a� 9.4 TERMINATION FOR NECESSITY a� Q TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this M Agreement for performance rendered or costs incurred prior to the effective date of termination. a r 10.0 USE OF TIB GRANT FUNDS as TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any 0 use of these funds for anything other than highway or roadway system improvements is E prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in E Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is 0 •L subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. a 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS ui vi a) At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum a payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be M made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than E the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section a 1.0 of this Agreement. Packet Pg. 103 8.E.b c 0 12.0 INDEPENDENT CAPACITY 0 a The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS o L U_ The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its Q. officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in Q any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to N indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. o Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions a of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. M as 14.0 DISPUTE RESOLUTION a r a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with o the terms of this AGREEMENT. E c b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes 0 •L promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall a submit the matter to non-binding mediation facilitated by a mutually agreed upon ui mediator. The PARTIES shall share equally in the cost of the mediator. C6 as a d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. M e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. E a Packet Pg. 104 8.E.b c 0 15.0 ENTIRE AGREEMENT 0 a This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. o U- 16.0 RECORDS MAINTENANCE -a c The RECIPIENT shall maintain books, records, documents, data and other evidence relating to Q. this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect Q costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, N these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. o If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Q c Approved as to Form Attorney General M as By: a Signature on file 0 L Guy Bowman E Assistant Attorney General r- •L Y N N d Lead Agency Transportation Improvement Board a LLi vi as Q c Chief Executive Officer Date Executive Director Date N M r C Print Name Print Name ca Q Packet Pg. 105 8.E.c �,n[wn sL Transportation Improvement Board Project Funding Status Form Agency Name KENT TIB Project Number: C-P-106(005)-1 Project Name: 132nd Avenue SE Pedestrian Improvement Phase 3 0 SE 276th St to SE 278th PI Verify the information below and revise if necessary. N Email to: Your TIB Engineer 0 L PROJECT SCHEDULE Target Dates r Construction Approval Contract Bid Award Contract Completion 0 u- c PROJECT FUNDING PARTNERS U- List additional funding partners and amount. U U Funding Partners Amount Revised Funding Q KENT 123,000 N v WSDOT 0 E L Federal Funds 0 L° r r co a� c �a c u- M N N t d C N E TOTAL LOCAL FUNDS 123,000 > 0 L Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer. C Mayor or Public Works Director 0 L r N N Signature Date d LLI N Printed or Typed Name Title C a� Financial Officer Q c N M r Signature Date c E t Printed or Typed Name Title c�a Q TIB Funding Status Report Packet Pg. 106 8.F 440 KENT DATE: February 4, 2025 TO: Kent City Council SUBJECT: Accept Funds from the Transportation Improvement Board for the 83rd Avenue South Sidewalk Project - Accept MOTION: I move to accept grant funds in the amount of $625,000 from the Transportation Improvement Board for the 83rd Avenue South Sidewalk project, amend the budget, and authorize the expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Each year, the City is eligible to apply for multiple grant opportunities. Each grant has specific eligibility requirements and evaluation criteria to award funding. At the beginning of each grant cycle, staff present potential projects or programs to Council for grant requests. The Transportation Improvement Board (TIB) sent out a call for projects in 2024 with funds available through the Urban Active Transportation (UATP) and Complete Streets (CS) Programs. The UATP program supports projects that improve pedestrian and cyclist safety, mobility, and connectivity. CS projects are those that show practice of planning and building streets to accommodate all users including pedestrians, access to transit, cyclists, and motorists of all ages and abilities. The Complete Streets Program is supported with funding from Washington's Climate Commitment Act. The City received an award of $625,000 of Complete Streets funds for the 83rd Avenue South project. The project would construct curb ramps and a gap in sidewalk along the west side from South 224th Street to approximately 700 feet south of S. 224th Street. The project is estimated at $781,400. BUDGET IMPACT: Grant funds would be used along with Street Fund dollars to complete the project. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 107 8.F 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. 83rd Avenue South Sidewalk Project Award Letter (PDF) 2. 83rd Avenue South Sidewalk Project Grant Agreement - DRAFT (PDF) 3. 83rd Avenue South Sidewalk Project Funding Status Form (PDF) 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 108 o°S�e Washington State o°ororyo '0�,�' Transportation Improvement Board �ropto 0 Z r L TIB Members November 22, 2024 c Chair m Councilmember Sam Low +. Snohomish County d Vice Chair Chad Bieren, P.E. Mayor Hilda Gonzalez City of Granger Public Works Director o CL Susan Carter City of Kent E Hopelink 220 4th Avenue South r_ Kent Cash Kent, WA 98032-5838 Port of Vancouver lO r_ Barbara Chamberlain G WSDOT Dear Chad Bieren: c Dongho Chang i WSDOT Congratulations! The Transportation Improvement Board (TIB) is pleased to announce Scott Chesney the selection of your project, 83rd Avenue S Sidewalk, S 224th St to 700ft s/o S 224th Spokane County St, TIB project number P-P-106(P08)-1. c Vicky Clarke TIB is awarding 80.0000% of approved eligible project costs with a maximum rant of `~Cascade Bicycle Club&Washington g pp g p � g N Bikes $625,600. C Nick Covey LL Link Transit Before any work is permitted on this project, you must complete and email the following +, CL Andrew Denham items to your TIB engineer: t� Town ofTwisp • Verify the information on the attached Project Funding Status Form and revise, a Stephanie Forman Forman Consulting if necessary. Sign and email a copy. M Preston Frederickson • Submit the section of your adopted Six-Year Transportation Improvement Plan N City of Walla Walla listing this project. L d Commissioner Al French 0 Sign and email one copy of the Fuel Tax Grant Distribution Agreement. Spokane County J You may only incur reimbursable expenses after you receive approval from TIB. This Commissioner Scott Hutsell L Lincoln County project must advertise for bids no later than May 1 and construction activities 3 Councilmember Jon Pascal shall start no later than July 1 of the year of scheduled construction, unless Q City of Kirkland TIB provides an extension in writing. Les Reardanz In accordance with RCW 47.26.084, you must certify full funding by November 22, E Whatcom Transportation Authority 2025, or the grant may be terminated. Grants may also be rescinded due to Mayor Kim Roscoe City of Fife unreasonable project delays as described in WAC 479-05-211. 3 Maria Thomas If you have questions, please contact Greg Armstrong, TIB Project Engineer, at a_ Office of Financial Management GregA(D_TIB.wa.gov. t John Vicente }' ly City of Kenmore Sincerely, 'o Jennifer Walker ( w d Thurston County 6o( YwV� C Jane Wall County Road Administration Board Q Ashley Probart Executive Director 00 Ashley Probart Executive Director C d P.O.Box4O901 Enclosures E Olympia,WA 98504-0901 V Phone:360-586-1140 lO ++ www.tib.wa.gov +' a Investing in your local community Packet Pg. 109 8.F.b L City of Kent m P-P-106(P08)-1 r 83rd Avenue S Sidewalk S 224th St to 700ft s/o S 224th St 0 L Q E STATE OF WASHINGTON o TRANSPORTATION IMPROVEMENT BOARD AND o City of Kent AGREEMENT a� THIS GRANT AGREEMENT (hereinafter"Agreement")for the 83rd Avenue S Sidewalk, S 224th c St to 700ft s/o S 224th St (hereinafter "Project") is entered into by the WASHINGTON STATE y TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). a 1.0 PURPOSE a For the project specified above, TIB shall pay 80.0000 percent of approved eligible project costs LO up to the amount of$625,600, pursuant to terms contained in the RECIPIENT'S Grant N Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. U- a 2.0 SCOPE AND BUDGET o The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in Q the Grant Application must be authorized by TIB in advance by written amendment. ,L^ V 3.0 PROJECT DOCUMENTATION as 0 TIB requires RECIPIENT to make reasonable progress and submit timely Project (L documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: :2 in a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate U° c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities a f) Project Accounting History M 00 4.0 BILLING AND PAYMENT as The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as a Packet Pg. 110 8.F.b L often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable m amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. as 5.0 TERM OF AGREEMENT o L Q This Agreement shall be effective upon execution by TIB and shall continue through closeout of E c the grant or until terminated as provided herein, but shall not exceed 10 years unless amended g by the Parties. 0 a 6.0 AMENDMENTS L This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. E 0 L 7.0 ASSIGNMENT -a c 0 The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this a Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a a waiver of the RECIPIENT's other rights under this Agreement. LO M N 8.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for o Thurston County. , c as 9.0 DEFAULT AND TERMINATION E a� as L 9.1 NON-COMPLIANCE a a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. A) 0 b) In response to the notice, RECIPIENT shall provide a written response within 10 a. business days of receipt of TIB's notice of non-compliance, which should include either a Y detailed plan to correct the non-compliance, a request to amend the Project, or a denial 3 accompanied by supporting details. in c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. i0 as d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional a reimbursable costs during the investigation. M 00 9.2 DEFAULT c a� RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: �a a Packet Pg. 111 8.F.b L a) RECIPIENT is not making reasonable progress toward correction and m compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. a, 0 L TIB reserves the right to order RECIPIENT to immediately stop work on the Project and E TIB may stop Project payments until the requested corrections have been made or the E Agreement has been terminated. 0 CU L 9.3 TERMINATION 0 y C a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of r termination, the RECIPIENT shall immediately stop work and/or take such action as may F 0 be directed by TIB. 4- b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of OL grant funds. a c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. N v 9.4 TERMINATION FOR NECESSITY a_ a TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, o because funds are no longer available for the purpose of meeting TIB's obligations. If Z this Agreement is so terminated, TIB shall be liable only for payment required under this a Agreement for performance rendered or costs incurred prior to the effective date of E termination. L a� Q 10.0 USE OF TIB GRANT FUNDS c ,L^ V TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any use of these funds for anything other than highway or roadway system improvements is o prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in a Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is Y subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. :2 in 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS 0 At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be > made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an -� increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum CO amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that E maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Q Packet Pg. 112 8.F.b L 0 m T 12.0 INDEPENDENT CAPACITY as The RECIPIENT shall be deemed an independent contractor for all purposes and the L employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof a- shall not in any manner be deemed employees of TIB. E c 0 13.0 INDEMNIFICATION AND HOLD HARMLESS 0 a The PARTIES agree to the following: L Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in c any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, a suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. a Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, LO demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For N this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees o and costs incurred from the other PARTY. The obligations of this Section shall survive , termination of this Agreement. E a� 14.0 DISPUTE RESOLUTION ;v a a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. °' 0 L a. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes Y promptly and at the lowest organizational level. 3 a� c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall (n submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. i0 as d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. a L e) The PARTIES agree that they shall have no right to seek relief in a court of law until and 00 unless the Dispute Resolution process has been exhausted. c a� E �a a Packet Pg. 113 8.F.b L 0 m T 15.0 ENTIRE AGREEMENT a E as This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter L 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions a- of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement E between the PARTIES and supersedes all previous written or oral agreements between the g PARTIES. 0 a 16.0 RECORDS MAINTENANCE L The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect E 0 costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the a Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. Q If any litigation, claim or audit is started before the expiration of the six (6) year period, the M records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Q 0 Approved as to Form , Attorney General E a� By: ;v a Signature on file A) Guy Bowman o Assistant Attorney General a. 3 a� Lead Agency Transportation Improvement Board 0 U) a� 0 a� Chief Executive Officer Date Executive Director Date Q L M 00 Print Name Print Name N E t ca Q Packet Pg. 114 8.F.c �,n[wn sL Transportation Improvement Board Project Funding Status Form L Agency Name KENT TIB Project Number: P-P-106(P08)-1 0 Project Name: 83rd Avenue S Sidewalk � S 224th St to 700ft s/o S 224th St m Verify the information below and revise if necessary. Email to: Your TIB Engineer E PROJECT SCHEDULE 0 a Target Dates E Construction Approval Contract Bid Award Contract Completion c r R 0 a PROJECT FUNDING PARTNERS List additional funding partners and amount. m Funding Partners Amount Revised Funding E KENT 156,400 �°L U) WSDOT 0 c 0 U- Federal Funds a 0 U U Q LO M N IV E L 0 LL U) r r N TOTAL LOCAL FUNDS 156,400 �a c Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer. LL t d Mayor or Public Works Director o (L R Signature Date N t Printed or Typed Name Title 3 O U) N Financial Officer ' c a� a Signature Date iy 00 r c a� Printed or Typed Name Title E Q TIB Funding Status Report Packet Pg. 115 8.G • KENT W A S M I N G T O N DATE: February 4, 2025 TO: Kent City Council SUBJECT: Accept the 2024 Plastic Markings Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2024 Plastic Markings Project as complete and release retainage to Specialized Pavement Marking, LLC upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project included installing new, and refreshing existing thermoplastic pavement markings, including stop lines, crosswalks, traffic arrows, and traffic letters throughout the City. The final contract total paid was $294,547.50 which is $5,341.50 under the original contract amount of $299,889.00. BUDGET IMPACT: Work was budgeted out of the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 116 8.H 440 KENT DATE: February 4, 2025 TO: Kent City Council SUBJECT: Accept the 2023 Paint Line Striping and Raised Pavement Marking Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2023 Paint Line Striping and Raised Pavement Marking Replacement Project as complete and release retainage to Specialized Pavement Marking, LLC upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project included new paint over existing lane markings and traffic curbing, and replacement of raised pavement markings. The final contract total paid was $305,463.53 which is $37,111.47 under the original contract amount of $342,575.00. BUDGET IMPACT: Work was budgeted out of the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 117 10.A • KENT W A S M I N G T O N DATE: February 4, 2025 TO: Kent City Council SUBJECT: 2025 Water Main Improvements Bid - Award MOTION: I move to award the 2025 Water Main Improvements Project to R.W. Scott Construction Company in the amount of $1,777,602.04 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes replacing existing watermains at two locations (East Smith Street, and SE 272nd Place), and extending the existing watermain on West Valley Highway North by installing a new watermain. The project will also include replacing fire hydrants, reconnecting mains, installing new water service lines, and other related work. The bid opening for the 2025 Water Main Improvements Project was held on January 28, 2025, with eight bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Company in the amount of $1,777,602.04. Bid Tab Summary 01. R.W. Scott Construction Co. $1,777,602.04 02. Raudenbush Earthworks, LLC $1,812,288.59 03. Ceccanti, Inc. $1,830,435.78 04. HCON Incorporated $1,840,298.68 05. SCI Infrastructure, LLC $1,915,660.05 06. Strickland & Sons Excavation, LLC $1,955,302.84 07. Pape & Sons Construction, Inc. $1,956,576.21 08. Sound Pacific Construction, LLC $2,148,844.90 Engineer's Estimate $1,832,339.48 BUDGET IMPACT: Funded through the Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 118 10.A Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. 10A - Exhibit 2025 Water Main Improvements - Bid Tab (PDF) Packet Pg. 119 10.A.a 2025 Water Main Improvements 1 2 3 4 Bid Opening: January 28, 2025, 11:00 AM R.W. Scott Construction Co. Raudenbush Earthworks, LLC Ceccanti, Inc. HCON Incorporated 4005 West Valley Hwy N 13108 155th Lane SE 4116 Brookdale Road E PO Box 731005 Disclaimer: These preliminary bid results are provided as a convenience to Auburn, WA 98001 Rainier, WA 98576 Tacoma, WA 98446 Puyallup, WA 98373 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,777,602.04 $1,812,288.59 $1,830,435.78 $1,840,298.68 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a SCHEDULE I: STREET 1000 Mobilization 1 LS 150,000.00 $150,000.00 170,000.00 $170,000.00 40,600.00 $40,600.00 150,000.00 $150,000.00 1010 Remove Existing Asphalt Concrete Pavement 2,300 SY 4.15 $9,545.00 9.00 $20,700.00 7.00 $16,100.00 11.00 $25,300.00 E 1020 Remove Cement Concrete Sidewalk/Driveway 180 SY 15.00 $2,700.00 10.00 $1,800.00 11.00 $1,980.00 12.00 $2,160.00 0 1025 Remove Cement Concrete Curb and Gutter 230 LF 14.00 $3,220.00 5.00 $1,150.00 6.00 $1,380.00 20.00 $4,600.00 E 1040 Removal of Raised Pavement Markers and Painted 1 LS 1,500.00 $1,500.00 5,000.00 $5,000.00 1,500.00 $1,500.00 1,900.00 $1,900.00 = and/or Thermoplastic Traffic Markings 1050 Saw Cut Existing Asphalt Concrete Pavement 6,000 LF 5.00 $30,000.00 6.00 $36,000.00 4.00 $24,000.00 2.00 $12,000.00 1060 Roadway Excavation Incl. Haul 80 CY 50.00 $4,000.00 80.00 $6,400.00 36.00 $2,880.00 50.00 $4,000.00 1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 300 TON 35.00 $10,500.00 27.00 $8,100.00 36.00 $10,800.00 33.00 $9,900.00 N 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 710 TON 37.00 $26,270.00 27.00 $19,170.00 33.00 $23,430.00 30.00 $21,300.00 N 1100 HMA Class 1/2", PG 58V-22 950 TON 161.70 $153,615.00 210.00 $199,500.00 222.00 $210,900.00 225.00 $213,750.00 04 1125 Hot Plant Mix for Temporary Pavement Patch 50 TON 350.00 $17,500.00 185.00 $9,250.00 190.00 $9,500.00 200.00 $10,000.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 20 SY 381.70 $7,634.00 300.00 $6,000.00 156.00 $3,120.00 150.00 $3,000.00 ca 1145 Cement Concrete Sidewalk 130 SY 95.70 $12,441.00 100.00 $13,000.00 84.00 $10,920.00 100.00 $13,000.00 m 1170 Cement Concrete Sidewalk Ramp Type Parallel A 1 EA 3,740.00 $3,740.00 5,500.00 $5,500.00 2,260.00 $2,260.00 5,000.00 $5,000.00 1205 Cement Concrete Curb and Gutter 230 LF 84.70 $19,481.00 75.00 $17,250.00 50.00 $11,500.00 65.00 $14,950.00 1235 Adjust Existing Catch Basin Grate or Curb Inlet Grate 2 EA 500.00 $1,000.00 350.00 $700.00 465.00 $930.00 1,000.00 $2,000.0043) to Finished Grade ° a 1245 Adjust Existing Manhole Cover to Finished Grade 1 EA 800.00 $800.00 750.00 $750.00 775.00 $775.00 1,000.00 $1,000.00 E 1250 Remove and Restore Existing WSDOT Facility Sign 1 EA 1,500.00 $1,500.00 1,500.00 $1,500.00 1,150.00 $1,150.00 2,100.00 $2,100.00 E 1255 Remove and Restore Existing Traffic Sign 2 EA 250.00 $500.00 500.00 $1,000.00 1,030.00 $2,060.00 1,500.00 $3,000.00 1290 Remove and Reset Existing Mailbox with New Post 5 EA 700.00 $3,500.00 200.00 $1,000.00 400.00 $2,000.00 1,000.00 $5,000.00 1295 Remove and Restore Existing Fence 50 LF 75.00 $3,750.00 70.00 $3,500.00 41.00 $2,050.00 98.00 $4,900.00 LO 1300 Landscape Restoration 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 N 1315 Pothole Utilities 30 EA 250.00 $7,500.00 700.00 $21,000.00 565.00 $16,950.00 500.00 $15,000.00 1355 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 x w SUB TOTAL $480,696.00 $558,270.00 $406,785.00 $533,860.00 0 10.2% SALES TAX $49,030.99 $56,943.54 $41,492.07 $54,453.72 SCHEDULE I TOTAL $529,726.99 $615,213.54 $448,277.07 $588,313.72 U SCHEDULE II: WATER a 2015 8 Inch Connection to Existing Water Main 2 EA 5,174.50 $10,349.00 4,000.00 $8,000.00 5,110.00 $10,220.00 3,500.00 $7,000.00 2016 12 Inch Connection to Existing Water Main 14 EA 6,128.00 $85,792.00 5,900.00 $82,600.00 5,450.00 $76,300.00 4,100.00 $57,400.00 2030 8 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 600 LF 75.00 $45,000.00 103.00 $61,800.00 125.00 $75,000.00 110.00 $66,000.00 2035 12 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 1,200 LF 105.00 $126,000.00 130.00 $156,000.00 155.00 $186,000.00 165.00 $198,000.00 2037 4 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 1 EA 1,113.00 $1,113.00 1,100.00 $1,100.00 1,340.00 $1,340.00 1,200.00 $1,200.00 2039 6 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 3 EA 1,444.00 $4,332.00 1,400.00 $4,200.00 1,650.00 $4,950.00 1,800.00 $5,400.00 2040 8 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 4 EA 2,141.00 $8,564.00 2,000.00 $8,000.00 2,300.00 $9,200.00 2,400.00 $9,600.00 2045 12 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 14 EA 4,545.00 $63,630.00 4,200.00 $58,800.00 4,270.00 $59,780.00 4,200.00 $58,800.00 Packet Pg. 120 10.A.a 2025 Water Main Improvements 1 2 3 4 Bid Opening: January 28, 2025, 11:00 AM R.W. Scott Construction Co. Raudenbush Earthworks, LLC Ceccanti, Inc. HCON Incorporated 4005 West Valley Hwy N 13108 155th Lane SE 4116 Brookdale Road E PO Box 731005 Disclaimer: These preliminary bid results are provided as a convenience to Auburn, WA 98001 Rainier, WA 98576 Tacoma, WA 98446 Puyallup, WA 98373 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,777,602.04 $1,812,288.59 $1,830,435.78 $1,840,298.68 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 2050 12 Inch Diameter Ductile Iron, Cl 52 Restrained Joint 980 LF 129.80 $127,204.00 170.00 $166,600.00 200.00 $196,000.00 199.00 $195,020.00 a Water Main Pipe 2060 Replace Existing Valve Box Top Section and Lid 3 EA 141.00 $423.00 350.00 $1,050.00 935.00 $2,805.00 1,000.00 $3,000.00 2080 Hydrant Assembly 2 EA 12,679.00 $25,358.00 10,000.00 $20,000.00 9,400.00 $18,800.00 8,800.00 $17,600.00 E 2085 Remove Existing Fire Hydrant Assembly 2 EA 2,618.00 $5,236.00 2,750.00 $5,500.00 1,265.00 $2,530.00 500.00 $1,000.00 0 2090 2 Inch Air Release Valve with Chamber 1 EA 12,744.00 $12,744.00 11,500.00 $11,500.00 10,720.00 $10,720.00 11,000.00 $11,000.00 0. E 2100 Remove and Dispose of Existing AC Pipe 100 LF 16.39 $1,639.00 50.00 $5,000.00 61.00 $6,100.00 55.00 $5,500.00 = 2105 Remove and Dispose of Existing DI Pipe 40 LF 16.35 $654.00 50.00 $2,000.00 20.00 $800.00 49.00 $1,960.00 2110 Abandon Existing Water Main 1 LS 1,705.00 $1,705.00 2,500.00 $2,500.00 11,215.00 $11,215.00 7,800.00 $7,800.00 ; 2120 Service Connection 1 Inch Diameter 22 EA 1,329.00 $29,238.00 1,600.00 $35,200.00 1,400.00 $30,800.00 3,500.00 $77,000.00 2145 Water Service Line 1" Diameter 520 LF 27.00 $14,040.00 55.00 $28,600.00 55.00 $28,600.00 5.00 $2,600.00 N 2150 1" Meter Setter 22 EA 735.00 $16,170.00 650.00 $14,300.00 710.00 $15,620.00 600.00 $13,200.00 N 2220 Meter Box for 1" Diameter Service (H-20 Load Rating) 21 EA 1,149.00 $24,129.00 900.00 $18,900.00 1,070.00 $22,470.00 1,400.00 $29,400.00 N 2245 Remove Existing Water Meter Assembly 18 EA 316.00 $5,688.00 400.00 $7,200.00 322.00 $5,796.00 450.00 $8,100.00 ca 2250 Remove Existing Water Valve Case and Cover 8 EA 632.50 $5,060.00 375.00 $3,000.00 627.00 $5,016.00 450.00 $3,600.00 ~ 2255 * Shoring or Extra Excavation Class B 17,900 SF 2.20 $39,380.00 1.00 $17,900.00 0.35 $6,265.00 0.25 $4,475.00 m 2260 Foundation Material, Class I and II for Water Main 190 TON 62.00 $11,780.00 70.00 $13,300.00 36.00 $6,840.00 30.00 $5,700.00 2265 Unsuitable Foundation Excavation Incl. Haul 140 CY 61.00 $8,540.00 70.00 $9,800.00 41.00 $5,740.00 50.00 $7,000.00 2270 Quarry Spalls 50 TON 26.00 $1,300.00 75.00 $3,750.00 83.00 $4,150.00 40.00 $2,000.0043) 2275 Pipe Zone Bedding for Water Main 1,400 TON 30.50 $42,700.00 18.00 $25,200.00 36.00 $50,400.00 28.00 $39,200.00 L 2285 Bank Run Gravel for Trench Backfill for Water Main 2,100 TON 48.00 $100,800.00 20.00 $42,000.00 45.00 $94,500.00 8.00 $16,800.00 E 2300 Dewatering 1 FA 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 2400 Jack and Bore 20 Inch Diamter Steel Casing 1 LS 43,200.00 $43,200.00 15,000.00 $15,000.00 52,500.00 $52,500.00 40,000.00 $40,000.00 L 2500 14 Inch Diameter Split Steel Casing for Existing Sewer 20 LF 161.30 $3,226.00 150.00 $3,000.00 462.00 $9,240.00 250.00 $5,000.00 Pipe LO N O N SUB TOTAL $879,994.00 $846,800.00 $1,024,697.00 $915,355.00 10.2% SALES TAX $89,759.39 $86,373.60 104 519.09$ $93,366.21 X SCHEDULE II TOTAL $969,753.39 $933,173.60 $1,129,216.09 $1,008,721.21 a 0 SCHEDULE IV: STORM SEWER 4010 Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 20 LF 183.60 $3,672.00 250.00 $5,000.00 202.00 $4,040.00 280.00 $5,600.00 50 4080 * Crushed Surfacing Top Course, 5/8 Inch Minus 25 TON 35.00 $875.00 27.00 $675.00 36.00 $900.00 33.00 $825.00 4135 Remove Existing Storm Sewer Pipe or Culvert 20 LF 32.75 $655.00 55.00 $1,100.00 42.00 $840.00 98.00 $1,960.00 a 4145 Remove Existing Catch Basin or Manhole 1 EA 2,618.00 $2,618.00 450.00 $450.00 825.00 $825.00 800.00 $800.00 4255 * Shoring or Extra Excavation Class B 90 SF 2.20 $198.00 1.00 $90.00 0.35 $31.50 0.25 $22.50 SUB TOTAL $8,018.00 $7,315.00 $6,636.50 $9,207.50 10.2% SALES TAX $817.84 $746.13 $676.92 $939.17 SCHEDULE IV TOTAL $8,835.84 $8,061.13 $7,313.42 $10,146.67 SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 11440 HR 82.50 $118,800.00 78.00 $112,320.00 64.00 $92,160.00 65.00 $93,600.00 Packet Pg. 121 10.A.a 2025 Water Main Improvements 1 2 3 4 Bid Opening: January 28, 2025, 11:00 AM R.W. Scott Construction Co. Raudenbush Earthworks, LLC Ceccanti, Inc. HCON Incorporated 4005 West Valley Hwy N 13108 155th Lane SE 4116 Brookdale Road E PO Box 731005 Disclaimer: These preliminary bid results are provided as a convenience to Auburn, WA 98001 Rainier, WA 98576 Tacoma, WA 98446 Puyallup, WA 98373 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,777,602.04 $1,812,288.59 $1,830,435.78 $1,840,298.68 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 5010 Construction Signs Class A 400 SF 7.70 $3,080.00 6.00 $2,400.00 12.00 $4,800.00 25.00 $10,000.00 a 5015 Traffic Control Supervisor 480 HR 96.80 $46,464.00 88.00 $42,240.00 83.00 $39,840.00 78.00 $37,440.00 5020 Temporary Traffic Control Devices 1 LS 8,250.00 $8,250.00 2,500.00 $2,500.00 15,450.00 $15,450.00 3,500.00 $3,500.00 5030 Portable Changeable Message Sign (PCMS) 84 DAY 86.25 $7,245.00 125.00 $10,500.00 56.00 $4,704.00 140.00 $11,760.00 E 5035 Sequential Arrow Sign (SAS) 60 DAY 24.75 $1,485.00 55.00 $3,300.00 51.00 $3,060.00 110.00 $6,600.00 0 5080 Temporary Pavement Marking - Short Duration 3,000 LF 3.30 $9,900.00 1.00 $3,000.00 1.00 $3,000.00 1.00 $3,000.00 E 5090 Uniformed Off-Duty Police Officer 120 HR 122.10 $14,652.00 150.00 $18,000.00 195.00 $23,400.00 129.00 $15,480.00 = 5100 Channelization 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 SUB TOTAL $219,876.00 $204,260.00 $196,414.00 $191,380.00 LO 10.2% SALES TAX $22,427.35 $20,834.52 $20,034.23 $19,520.76 N 0 SCHEDULE V TOTAL $242,303.35 $225,094.52 $216,448.23 $210,900.76 `" 0 It 04 SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7015 Inlet Protection 30 EA 64.00 $1,920.00 30.00 $900.00 67.00 $2,010.00 72.00 $2,160.00 ca 7030 ESC Lead 80 HR 88.00 $7,040.00 75.00 $6,000.00 94.00 $7,520.00 65.00 $5,200.00 7040 SPCC Plan 1 LS 825.00 $825.00 1,500.00 $1,500.00 250.00 $250.00 1,300.00 $1,300.00 m 7050 Street Cleaning 80 HR 165.00 $13,200.00 225.00 $18,000.00 190.00 $15,200.00 125.00 $10,000.00 c 7055 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 E 0 SUB TOTAL $24,485.00 $27,900.00 $26,480.00 $20,160.00 a 10.2% SALES TAX $2,497.47 $2,845.80 $2,700.96 $2,056.32 SCHEDULE VII TOTAL $26,982.47 $30,745.80 $29,180.96 $22,216.32 a� SUMMARY: SCHEDULE I TOTAL $529,726.99 $615,213.54 $448,277.07 $588,313.72 c SCHEDULE II TOTAL $969,753.39 $933,173.60 $1,129,216.09 $1,008,721.2104 SCHEDULE IV TOTAL $8,835.84 $8,061.13 $7,313.42 $10,146.67 SCHEDULE V TOTAL $242,303.35 $225,094.52 $216,448.23 $210,900.76 w SCHEDULE VII TOTAL $26,982.47 $30,745.80 $29,180.96 $22,216.32 a 0 CONSTRUCTION CONTRACT TOTALI $1,777,602.04 $1,812,288.59 $1,830,435.78 $1,840,298.68 E U a Packet Pg. 122 10.A.a 2025 Water Main Improvements 5 6 7 8 Bid Opening: January 28, 2025, 11:00 AM SCI Infrastructure, LLC Strickland & Sons Excavation, LLC Pape & Sons Construction, Inc. Sound Pacific Construction, LLC 2821 S 154th Street 28013 Hinkleman Road 9401 Bujacich Road, Suite 1A 6708 144th Street NW, Suite A Disclaimer: These preliminary bid results are provided as a convenience to Sea Tac, WA 98188 Buckley, WA 98321 Gig Harbor, WA 98332 Gig Harbor, WA 98332 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,915,660.05 $1,955,302.84 $1,956,576.21 $2,148,844.90 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a SCHEDULE I: STREET 1000 Mobilization 1 LS 170,000.00 $170,000.00 193,000.00 $193,000.00 96,000.00 $96,000.00 160,000.00 $160,000.00 1010 Remove Existing Asphalt Concrete Pavement 2,300 SY 27.00 $62,100.00 24.00 $55,200.00 30.00 $69,000.00 35.00 $80,500.00 E 1020 Remove Cement Concrete Sidewalk/Driveway 180 SY 11.00 $1,980.00 17.00 $3,060.00 6.50 $1,170.00 26.00 $4,680.00 0 CL 1025 Remove Cement Concrete Curb and Gutter 230 LF 7.50 $1,725.00 13.00 $2,990.00 2.00 $460.00 6.00 $1,380.00 E 1040 Removal of Raised Pavement Markers and Painted 1 LS 45,000.00 $45,000.00 15,000.00 $15,000.00 9,500.00 $9,500.00 6,000.00 $6,000.00 = and/or Thermoplastic Traffic Markings 1050 Saw Cut Existing Asphalt Concrete Pavement 6,000 LF 6.00 $36,000.00 6.50 $39,000.00 3.40 $20,400.00 9.00 $54,000.00 w 1060 Roadway Excavation Incl. Haul 80 CY 65.00 $5,200.00 42.00 $3,360.00 50.00 $4,000.00 50.00 $4,000.00 1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 300 TON 28.00 $8,400.00 47.00 $14,100.00 45.00 $13,500.00 70.00 $21,000.00 N 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 710 TON 28.00 $19,880.00 41.00 $29,110.00 44.00 $31,240.00 55.00 $39,050.00 N 1100 HMA Class 1/2", PG 58V-22 950 TON 233.50 $221,825.00 240.00 $228,000.00 206.50 $196,175.00 150.00 $142,500.00 1125 Hot Plant Mix for Temporary Pavement Patch 50 TON 180.00 $9,000.00 212.00 $10,600.00 600.00 $30,000.00 400.00 $20,000.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 20 SY 152.00 $3,040.00 138.00 $2,760.00 375.00 $7,500.00 365.00 $7,300.00 1145 Cement Concrete Sidewalk 130 SY 88.00 $11,440.00 83.00 $10,790.00 125.00 $16,250.00 100.00 $13,000.00 m 1170 Cement Concrete Sidewalk Ramp Type Parallel A 1 EA 2,800.00 $2,800.00 2,300.00 $2,300.00 4,300.00 $4,300.00 4,000.00 $4,000.00 1205 Cement Concrete Curb and Gutter 230 LF 86.00 $19,780.00 45.00 $10,350.00 60.00 $13,800.00 90.00 $20,700.00 1235 Adjust Existing Catch Basin Grate or Curb Inlet Grate 2 EA 850.00 $1,700.00 800.00 $1,600.00 750.00 $1,500.00 1,000.00 $2,000.00 to Finished Grade ° a 1245 Adjust Existing Manhole Cover to Finished Grade 1 EA 850.00 $850.00 1,000.00 $1,000.00 1,150.00 $1,150.00 1,000.00 $1,000.00 E 1250 Remove and Restore Existing WSDOT Facility Sign 1 EA 1,850.00 $1,850.00 3,500.00 $3,500.00 950.00 $950.00 1,000.00 $1,000.00 1255 Remove and Restore Existing Traffic Sign 2 EA 900.00 $1,800.00 750.00 $1,500.00 550.00 $1,100.00 600.00 $1,200.00 1290 Remove and Reset Existing Mailbox with New Post 5 EA 750.00 $3,750.00 500.00 $2,500.00 144.00 $720.00 600.00 $3,000.00 1295 Remove and Restore Existing Fence 50 LF 60.00 $3,000.00 68.00 $3,400.00 45.00 $2,250.00 55.00 $2,750.00 1300 Landscape Restoration 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 N 1315 Pothole Utilities 30 EA 480.00 $14,400.00 450.00 $13,500.00 285.00 $8,550.00 500.00 $15,000.00 1355 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 w SUB TOTAL $655,520.00 $656,620.00 $539,515.00 $614,060.00 0 10.2% SALES TAX $66,863.04 $66,975.24 $55,030.53 $62,634.12 SCHEDULE I TOTAL $722,383.04 $723,595.24 $594,545.53 $676,694.12 SCHEDULE II: WATER r Q 2015 8 Inch Connection to Existing Water Main 2 EA 3,000.00 $6,000.00 3,500.00 $7,000.00 5,000.00 $10,000.00 3,500.00 $7,000.00 2016 12 Inch Connection to Existing Water Main 14 EA 3,800.00 $53,200.00 5,500.00 $77,000.00 7,500.00 $105,000.00 5,000.00 $70,000.00 2030 8 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 600 LF 90.00 $54,000.00 102.00 $61,200.00 87.00 $52,200.00 110.00 $66,000.00 2035 12 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 1,200 LF 130.00 $156,000.00 152.00 $182,400.00 120.00 $144,000.00 145.00 $174,000.00 2037 4 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 1 EA 1,995.00 $1,995.00 1,200.00 $1,200.00 2,000.00 $2,000.00 1,800.00 $1,800.00 2039 6 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 3 EA 2,000.00 $6,000.00 1,500.00 $4,500.00 3,700.00 $11,100.00 2,100.00 $6,300.00 2040 8 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 4 EA 2,800.00 $11,200.00 2,100.00 $8,400.00 2,975.00 $11,900.00 2,800.00 $11,200.00 2045 12 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 14 EA 5,000.00 $70,000.00 4,000.00 $56,000.00 4,900.00 $68,600.00 4,500.00 $63,000.00 Packet Pg. 123 10.A.a 2025 Water Main Improvements 5 6 7 8 Bid Opening: January 28, 2025, 11:00 AM SCI Infrastructure, LLC Strickland & Sons Excavation, LLC Pape & Sons Construction, Inc. Sound Pacific Construction, LLC 2821 S 154th Street 28013 Hinkleman Road 9401 Bujacich Road, Suite 1A 6708 144th Street NW, Suite A Disclaimer: These preliminary bid results are provided as a convenience to Sea Tac, WA 98188 Buckley, WA 98321 Gig Harbor, WA 98332 Gig Harbor, WA 98332 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,915,660.05 $1,955,302.84 $1,956,576.21 $2,148,844.90 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 2050 12 Inch Diameter Ductile Iron, Cl 52 Restrained Joint 980 LF 199.00 $195,020.00 191.00 $187,180.00 210.00 $205,800.00 195.00 $191,100.00 a Water Main Pipe 2060 Replace Existing Valve Box Top Section and Lid 3 EA 550.00 $1,650.00 450.00 $1,350.00 925.00 $2,775.00 1,100.00 $3,300.00 2080 Hydrant Assembly 2 EA 9,500.00 $19,000.00 11,000.00 $22,000.00 16,000.00 $32,000.00 11,000.00 $22,000.00 E 2085 Remove Existing Fire Hydrant Assembly 2 EA 760.00 $1,520.00 750.00 $1,500.00 2,000.00 $4,000.00 1,800.00 $3,600.00 0 2090 2 Inch Air Release Valve with Chamber 1 EA 10,500.00 $10,500.00 11,500.00 $11,500.00 13,000.00 $13,000.00 11,000.00 $11,000.00 E 2100 Remove and Dispose of Existing AC Pipe 100 LF 40.00 $4,000.00 100.00 $10,000.00 85.00 $8,500.00 55.00 $5,500.00 = 2105 Remove and Dispose of Existing DI Pipe 40 LF 28.00 $1,120.00 35.00 $1,400.00 12.00 $480.00 21.00 $840.00 2110 Abandon Existing Water Main 1 LS 8,000.00 $8,000.00 10,000.00 $10,000.00 1,150.00 $1,150.00 8,500.00 $8,500.00 ; 2120 Service Connection 1 Inch Diameter 22 EA 950.00 $20,900.00 1,400.00 $30,800.00 1,250.00 $27,500.00 2,800.00 $61,600.00 2145 Water Service Line 1" Diameter 520 LF 27.00 $14,040.00 26.00 $13,520.00 11.50 $5,980.00 35.00 $18,200.00 N 2150 1" Meter Setter 22 EA 750.00 $16,500.00 450.00 $9,900.00 1,450.00 $31,900.00 1,100.00 $24,200.00 N 2220 Meter Box for 1" Diameter Service (H-20 Load Rating) 21 EA 1,400.00 $29,400.00 900.00 $18,900.00 940.00 $19,740.00 1,750.00 $36,750.00 N 2245 Remove Existing Water Meter Assembly 18 EA 400.00 $7,200.00 375.00 $6,750.00 170.00 $3,060.00 250.00 $4,500.00 ca 2250 Remove Existing Water Valve Case and Cover 8 EA 230.00 $1,840.00 450.00 $3,600.00 500.00 $4,000.00 200.00 $1,600.00 ~ 2255 * Shoring or Extra Excavation Class B 17,900 SF 0.55 $9,845.00 0.50 $8,950.00 0.25 $4,475.00 1.00 $17,900.00 m 2260 Foundation Material, Class I and II for Water Main 190 TON 18.00 $3,420.00 40.00 $7,600.00 48.00 $9,120.00 55.00 $10,450.00 2265 Unsuitable Foundation Excavation Incl. Haul 140 CY 35.00 $4,900.00 34.00 $4,760.00 30.00 $4,200.00 45.00 $6,300.00 2270 Quarry Spalls 50 TON 45.00 $2,250.00 46.00 $2,300.00 48.00 $2,400.00 95.00 $4,750.0043) 2275 Pipe Zone Bedding for Water Main 1,400 TON 28.00 $39,200.00 27.00 $37,800.00 37.50 $52,500.00 45.00 $63,000.00 L 2285 Bank Run Gravel for Trench Backfill for Water Main 2,100 TON 22.00 $46,200.00 26.00 $54,600.00 33.00 $69,300.00 45.00 $94,500.00 E 2300 Dewatering 1 FA 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 2400 Jack and Bore 20 Inch Diamter Steel Casing 1 LS 11,500.00 $11,500.00 33,000.00 $33,000.00 65,000.00 $65,000.00 53,000.00 $53,000.00 L 2500 14 Inch Diameter Split Steel Casing for Existing Sewer 20 LF 265.00 $5,300.00 125.00 $2,500.00 520.00 $10,400.00 220.00 $4,400.00 Pipe LO N O N SUB TOTAL $826,700.00 $892,610.00 $997,080.00 $1,061,290.00 10.2% SALES TAX $84,323.40 $91,046.22 $101,702.16 $108,251.58 x SCHEDULE II TOTAL $911,023.40 $983,656.22 $1,098,782.16 $1,169,541.58 a 0 SCHEDULE IV: STORM SEWER 4010 Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 20 LF 250.00 $5,000.00 175.00 $3,500.00 173.50 $3,470.00 240.00 $4,800.00 50 4080 * Crushed Surfacing Top Course, 5/8 Inch Minus 25 TON 28.00 $700.00 47.00 $1,175.00 45.00 $1,125.00 70.00 $1,750.00 4135 Remove Existing Storm Sewer Pipe or Culvert 20 LF 16.00 $320.00 32.00 $640.00 25.00 $500.00 55.00 $1,100.00 a 4145 Remove Existing Catch Basin or Manhole 1 EA 795.00 $795.00 650.00 $650.00 1,900.00 $1,900.00 1,300.00 $1,300.00 4255 * Shoring or Extra Excavation Class B 90 SF 0.55 $49.50 0.50 $45.00 0.25 $22.50 1.00 $90.00 SUB TOTAL $6,864.50 $6,010.00 $7,017.50 $9,040.00 10.2% SALES TAX $700.18 $613.02 $715.79 $922.08 SCHEDULE IV TOTAL $7,564.68 $6,623.02 $7,733.29 $9,962.08 SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 11440 HR 80.00 $115,200.00 76.00 $109,440.00 80.00 $115,200.00 84.00 $120,960.00 Packet Pg. 124 10.A.a 2025 Water Main Improvements 5 6 7 8 Bid Opening: January 28, 2025, 11:00 AM SCI Infrastructure, LLC Strickland & Sons Excavation, LLC Pape & Sons Construction, Inc. Sound Pacific Construction, LLC 2821 S 154th Street 28013 Hinkleman Road 9401 Bujacich Road, Suite 1A 6708 144th Street NW, Suite A Disclaimer: These preliminary bid results are provided as a convenience to Sea Tac, WA 98188 Buckley, WA 98321 Gig Harbor, WA 98332 Gig Harbor, WA 98332 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,915,660.05 $1,955,302.84 $1,956,576.21 $2,148,844.90 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 5010 Construction Signs Class A 400 SF 30.00 $12,000.00 11.00 $4,400.00 9.00 $3,600.00 35.00 $14,000.00 a 5015 Traffic Control Supervisor 480 HR 100.00 $48,000.00 78.00 $37,440.00 83.50 $40,080.00 95.00 $45,600.00 5020 Temporary Traffic Control Devices 1 LS 5,500.00 $5,500.00 5,000.00 $5,000.00 3,000.00 $3,000.00 7,000.00 $7,000.00 5030 Portable Changeable Message Sign (PCMS) 84 DAY 96.00 $8,064.00 48.00 $4,032.00 65.00 $5,460.00 75.00 $6,300.00 E 5035 Sequential Arrow Sign (SAS) 60 DAY 94.00 $5,640.00 22.00 $1,320.00 25.00 $1,500.00 50.00 $3,000.00 0 5080 Temporary Pavement Marking - Short Duration 3,000 LF 1.00 $3,000.00 2.00 $6,000.00 0.65 $1,950.00 1.00 $3,000.00 E 5090 Uniformed Off-Duty Police Officer 120 HR 150.00 $18,000.00 130.00 $15,600.00 135.00 $16,200.00 135.00 $16,200.00 = 5100 Channelization 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 SUB TOTAL $225,404.00 $193,232.00 $196,990.00 $226,060.00 LO 10.2% SALES TAX $22,991.21 $19,709.66 $20,092.98 $23,058.12 N 0 SCHEDULE V TOTAL $248,395.21 $212,941.66 $217,082.98 $249,118.12 `" 0 It 04 SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7015 Inlet Protection 30 EA 92.00 $2,760.00 75.00 $2,250.00 22.50 $675.00 100.00 $3,000.00 ca 7030 ESC Lead 80 HR 20.00 $1,600.00 95.00 $7,600.00 100.00 $8,000.00 125.00 $10,000.00 7040 SPCC Plan 1 LS 1,200.00 $1,200.00 500.00 $500.00 700.00 $700.00 1,000.00 $1,000.00 m 7050 Street Cleaning 80 HR 210.00 $16,800.00 175.00 $14,000.00 300.00 $24,000.00 300.00 $24,000.00 c 7055 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 E 0 SUB TOTAL $23,860.00 $25,850.00 $34,875.00 $39,500.00 a 10.2% SALES TAX $2,433.72 $2,636.70 $3,557.25 $4,029.00 SCHEDULE VII TOTAL $26,293.72 $28,486.70 $38,432.25 $43,529.00 a� SUMMARY: SCHEDULE I TOTAL $722,383.04 $723,595.24 $594,545.53 $676,694.12 c SCHEDULE II TOTAL $911,023.40 $983,656.22 $1,098,782.16 $1,169,541.5804 SCHEDULE IV TOTAL $7,564.68 $6,623.02 $7,733.29 $9,962.08 SCHEDULE V TOTAL $248,395.21 $212,941.66 $217,082.98 $249,118.12 w SCHEDULE VII TOTAL $26,293.72 $28,486.70 $38,432.25 $43,529.00 a 0 CONSTRUCTION CONTRACT TOTALI $1,915,660.05 $1,955,302.84 $1,956,576.21 $2,148,844.90 E U a Packet Pg. 125 10.A.a 2025 Water Main Improvements Bid Opening: January 28, 2025, 11:00 AM Engineer's Estimate Abdulnaser Almaroof Disclaimer: These preliminary bid results are provided as a convenience to contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,832,339.48 ITEM DESCRIPTION QTY UNIT UNIT TOTAL NO. PRICE AMOUNT 3 a SCHEDULE I: STREET N 1000 Mobilization 1 LS 130,000.00 $130,000.00 1010 Remove Existing Asphalt Concrete Pavement 2,300 SY 20.00 $46,000.00 E 1020 Remove Cement Concrete Sidewalk/Driveway 180 SY 20.00 $3 600.00 0 L CL 1025 Remove Cement Concrete Curb and Gutter 230 LF 15.00 $3,450.00 E 1040 Removal of Raised Pavement Markers and Painted 1 LS 2,000.00 $2,000.00 = and/or Thermoplastic Traffic Markings 1050 Saw Cut Existing Asphalt Concrete Pavement 6,000 LF 4.00 $24,000.00 w 1060 Roadway Excavation Incl. Haul 80 CY 50.00 $4,000.00 1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 300 TON 50.00 $15,000.00 N 0 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 710 TON 50.00 $35,500.00 1100 HMA Class 1/2", PG 58V-22 950 TON 150.00 $142,500.00 1125 Hot Plant Mix for Temporary Pavement Patch 50 TON 150.00 $7,500.00 1140 Cement Concrete Driveway, 8 Inch Depth, Reinforced 20 SY 200.00 $4,000.00 1145 Cement Concrete Sidewalk 130 SY 75.00 $9,750.00 m 1170 Cement Concrete Sidewalk Ramp Type Parallel A 1 EA 4,000.00 $4,000.00 1205 Cement Concrete Curb and Gutter 230 LF 40.00 $9,200.00 1235 Adjust Existing Catch Basin Grate or Curb Inlet Grate 2 EA 500.00 $1,000.00 to Finished Grade ° a 1245 Adjust Existing Manhole Cover to Finished Grade 1 EA 500.00 $500.00 E 1250 Remove and Restore Existing WSDOT Facility Sign 1 EA 1,500.00 $1,500.00 1255 Remove and Restore Existing Traffic Sign 2 EA 500.00 $1,000.00 1290 Remove and Reset Existing Mailbox with New Post 5 EA 350.00 $1,750.00 1295 Remove and Restore Existing Fence 50 LF 50.00 $2,500.00 1300 Landscape Restoration 1 FA 5,000.00 $5,000.00 N 1315 Pothole Utilities 30 EA 500.00 $15,000.00 1355 Minor Changes 1 CALC 5,000.00 $5,000.00 w SUB TOTAL $473,750.00 a 0 10.2% SALES TAX $48,322.50 SCHEDULE I TOTAL $522,072.50 SCHEDULE II: WATER r Q 2015 8 Inch Connection to Existing Water Main 2 EA 3,500.00 $7,000.00 2016 12 Inch Connection to Existing Water Main 14 EA 5,000.00 $70,000.00 2030 8 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 600 LF 110.00 $66,000.00 2035 12 Inch Diameter Ductile Iron, Cl 52 Water Main Pipe 1,200 LF 130.00 $156,000.00 2037 4 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 1 EA 2,000.00 $2,000.00 2039 6 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 3 EA 2,500.00 $7,500.00 2040 8 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 4 EA 3,000.00 $12,000.00 2045 12 Inch Gate Valve, MJ x FL or MJ x MJ or FL x FL 14 EA 5,000.00 $70,000.00 Packet Pg. 126 10.A.a 2025 Water Main Improvements Bid Opening: January 28, 2025, 11:00 AM Engineer's Estimate Abdulnaser Almaroof Disclaimer: These preliminary bid results are provided as a convenience to contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,832,339.48 ITEM DESCRIPTION QTY UNIT UNIT TOTAL NO. PRICE AMOUNT 2050 12 Inch Diameter Ductile Iron, Cl 52 Restrained Joint 980 LF 160.00 $156,800.00 a Water Main Pipe 2060 Replace Existing Valve Box Top Section and Lid 3 EA 750.00 $2,250.00 2080 Hydrant Assembly 2 EA 10,000.00 $20,000.00 E a) 2085 Remove Existing Fire Hydrant Assembly 2 EA 1,000.00 $2,000.00 > L 2090 2 Inch Air Release Valve with Chamber 1 EA 4,000.00 $4,000.00 2100 Remove and Dispose of Existing AC Pipe 100 LF 100.00 $10,000.00 E 2105 Remove and Dispose of Existing DI Pipe 40 LF 35.00 $1,400.00 2110 Abandon Existing Water Main 1 LS 10,000.00 $10,000.00 ; 2120 Service Connection 1 Inch Diameter 22 EA 1,200.00 $26,400.00 2145 Water Service Line 1" Diameter 520 LF 45.00 $23,400.00 N 0 2150 1" Meter Setter 22 EA 1,200.00 $26,400.00 2220 Meter Box for 1" Diameter Service (H-20 Load Rating) 21 EA 1,200.00 $25,200.00 N 2245 Remove Existing Water Meter Assembly 18 EA 500.00 $9,000.00 ca 2250 Remove Existing Water Valve Case and Cover 8 EA 250.00 $2,000.00 ~ 2255 * Shoring or Extra Excavation Class B 17,900 SF 1.00 $17,900.00 m 2260 Foundation Material, Class I and II for Water Main 190 TON 45.00 $8,550.00 c 2265 Unsuitable Foundation Excavation Incl. Haul 140 CY 75.00 $10,500.00 E 2270 Quarry Spalls 50 TON 60.00 $3,000.00 43) > 2275 Pipe Zone Bedding for Water Main 1,400 TON 40.00 $56,000.00 L 2285 Bank Run Gravel for Trench Backfill for Water Main 2,100 TON 35.00 $73,500.00 E 2300 Dewatering 1 FA 15,000.00 $15,000.00 2400 Jack and Bore 20 Inch Diamter Steel Casing 1 LS 35,000.00 $35,000.00 L a� 2500 14 Inch Diameter Split Steel Casing for Existing Sewer 20 LF 500.00 $10,000.00 Pipe LO N O N SUB TOTAL $938,800.00 10.2% SALES TAX $95,757.60 x SCHEDULE II TOTAL $1,034,557.60 a 0 SCHEDULE IV: STORM SEWER c 4010 Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 20 LF 200.00 $4,000.00 E 50 4080 * Crushed Surfacing Top Course, 5/8 Inch Minus 25 TON 50.00 $1,250.00 4135 Remove Existing Storm Sewer Pipe or Culvert 20 LF 30.00 $600.00 a 4145 Remove Existing Catch Basin or Manhole 1 EA 750.00 $750.00 4255 * Shoring or Extra Excavation Class B 90 SF 1.00 $90.00 SUB TOTAL $6,690.00 10.2% SALES TAX $682.38 SCHEDULE IV TOTAL $7,372.38 SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 11440 HR 75.00 $108,000.00 Packet Pg. 127 10.A.a 2025 Water Main Improvements Bid Opening: January 28, 2025, 11:00 AM Engineer's Estimate Abdulnaser Almaroof Disclaimer: These preliminary bid results are provided as a convenience to contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $1,832,339.48 ITEM DESCRIPTION QTY UNIT UNIT TOTAL NO. PRICE AMOUNT 5010 Construction Signs Class A 400 SF 30.00 $12,000.00 Q 5015 Traffic Control Supervisor 480 HR 90.00 $43,200.00 N 5020 Temporary Traffic Control Devices 1 LS 15,000.00 $15,000.00 5030 Portable Changeable Message Sign (PCMS) 84 DAY 100.00 $8,400.00 E 5035 Sequential Arrow Sign (SAS) 60 DAY 75.00 $4,500.00 0 5080 Temporary Pavement Marking - Short Duration 3,000 LF 2.00 $6,000.00 E 5090 Uniformed Off-Duty Police Officer 120 HR 80.00 $9,600.00 = 5100 Channelization 1 FA 10,000.00 $10,000.00 L SUB TOTAL $216,700.00 Ln 10.2% SALES TAX $22,103.40 N 0 SCHEDULE V TOTAL $238,803.40 `" a) N SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7015 Inlet Protection 30 EA 100.00 $3,000.00 7030 ESC Lead 80 HR 80.00 $6,400.00 7040 SPCC Plan 1 LS 1,500.00 $1,500.00 m 7050 Street Cleaning 80 HR 180.00 $14,400.00 7055 Erosion/Water Pollution Control 1 FA 1,500.00 $1,500.00 E 0 L SUB TOTAL $26,800.00 E 10.2% SALES TAX $2,733.60 SCHEDULE VII TOTAL $29,533.60 L yr SUMMARY: SCHEDULE I TOTAL $522,072.50 N 0 SCHEDULE II TOTAL $1,034,557.60 w SCHEDULE IV TOTAL $7,372.38 s SCHEDULE V TOTAL $238,803.40 w SCHEDULE VII TOTAL $29,533.60 a 0 CONSTRUCTION CONTRACT TOTALI $1,832,339.48 E U a Packet Pg. 128