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 Committees - Committee of the Whole - 03/04/2025
KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, March 4, 2025 W A S H I N G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV 21 To listen to this meeting, dial 253-215-8782 or253-205-0468 Enter Meeting ID: 87459075269 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Kaur, Subject Matter Chair A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Feb 18, 2025 4:00 PM B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. INFO ONLY: Fourth Quarter 2024 NO Joe Bartlemay 10 MIN. Investment Report Parks—Council member Michaud, Subject Matter Chair D. Resolution Authorizing Execution YES Merina Hanson 10 MIN. of Agreements for Funding of Kristen Holdsworth Committee of the Whole Committee of the Whole - March 4, 2025 Regular Meeting Affordable Housing - Adopt E. Agreement with EarthCorps for YES Bryan Higgins 05 MIN. Mill Creek Canyon Trail Repair 2025 - Authorize Public Works—Councilmember Fincher, Subject Matter Chair F. INFO ONLY: 2025 King County NO Alex Murillo 05 MIN. Flood Control District Sub- Regional Opportunity Fund G. INFO ONLY: 2026-2031 NO David Paine 10 MIN. Transportation Improvement Program 5. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person,in which case,the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or email CityClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.1 Pending Approval Kent City Council - Committee of the Whole KENT Committee of the Whole - Regular Meeting Minutes February 18, 2025 Date: February 18, 2025 Time: 4:00 p.m. Place: Chambers a� 1. CALL TO ORDER c Council President Kaur called the meeting to order. - 2. ROLL CALL ° a Attendee Name Title Status Arrived a_ Satwinder Kaur Council President Present Bill Boyce Councilmember Present a 0 John Boyd Councilmember Present Brenda Fincher Councilmember Present N Marli Larimer Councilmember Late 4:03 PM N Zandria Michaud Councilmember Present C Toni Troutner Councilmember Present U- 4- 3. AGENDA APPROVAL a� A. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Councilmember CL SECONDER: John Boyd, Councilmember a� AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner Q a� r 4. DEPARTMENT PRESENTATIONS A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Feb 4, 2025 4:00 PM Packet Pg. 3 4.A.1 Kent City Council - Committee of the Whole February 18, 2025 Committee of the Whole - Regular Meeting Kent, Washington Minutes RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner B. Payment of Bills - Approve MOTION: I move to approve the payment of bills. a� RESULT: MOTION PASSES [UNANIMOUS] Next: 3/4/2025 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember o AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner o L Q 0. C. Amendment with Carl Warren & Co. for Third Party Claims a Administration - Authorize a Risk Manager, Ellaine Wi provided an overview of the contract amendment c with Carl Warren & Company. LO N In January 2014, the City of Kent entered into an agreement with Carl N Warren & Company for claims management services for its general liability C claims. The agreement was approved by Council and authorized an initial term from January 1, 2014, through December 31, 2016, with an option to 4- extend the agreement for an additional three years (2017-2019). The total ° cost for all six years of this contract totaled $266,628.00. In January 2020, an amendment was executed to extend the term of the agreement for an additional three years (2020-2022), with an additional three-year option through December 31, 2025, for a total sum of $291,474. Q. a� The January 2020 amendment did not include the pricing and cost Q breakdown for the year 2025. Throughout the term of this agreement, the cost has increased by 2% each year. Risk Management requests that the City Council authorize the Mayor to execute a contract amendment with Carl Warren & Company for 2025 in the amount of $62,069.04. MOTION: I move to authorize the Mayor to sign a contract amendment with Carl Warren & Company, and ratify all prior agreements and amendments, subject to final terms and conditions acceptable to the City Attorney and Human Resources Director. Page 9 Packet Pg. 4 4.A.1 Kent City Council - Committee of the Whole February 18, 2025 Committee of the Whole - Regular Meeting Kent, Washington Minutes RESULT: MOTION PASSES [UNANIMOUS] Next: 3/4/2025 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner D. INFO ONLY: South Link Connections Mobility Project Briefing Transportation Planner, David Paine introduced Metro speakers Nicole Aguirre-Transportation Planner, Christina Gonzalez-Senior Community Engagement Specialist, Genevieve Jones - Government Relations (Local Jurisdictions Support), and Maha Jahshan - Director of Partnerships and Engagement. o Metro staff provided details on the South Link Connections Mobility Project. a a Three new stations added to the 1 Line as early as 2026: a • Kent Des Moines a • Star Lake c • Federal Way Downtown LO N Integrate with light rail extension. N C The Project scope includes: • Ten all-day routes 4- • Twelve peak-only routes a� The Project area covers communities in eleven cities and unincorporated King County. iv The Engagement timeline will be through the Fall of 2026 and will have three Q phases of engagement. The team is currently in Phase 2 - Service Concepts. There are three decision making factors: Community Input, Equity, and Q Service Design Best Practices. r The team talked about how the network responds to mobility needs and detailed what is in the concepts. Network Tradeoffs include: • Removing nine suspended routes and one in-service peak-only route to invest in prioritized mobility needs. • Reducing unproductive and low-ridership service to invest in prioritized mobility needs. Impacts to Kent: • No change to Kent Metro Flex Page 9 Packet Pg. 5 4.A.1 Kent City Council - Committee of the Whole February 18, 2025 Committee of the Whole - Regular Meeting Kent, Washington Minutes • Improved Route 183 - New Sunday Service • Revised Route 162 - Revised to remove the last morning and last evening trips to reinvest in mobility priorities • New Frequent Route 164 - Partially replaces Route 165 • Removed Route 157 - Removed to reinvest in mobility priorities The team provided details on the Phase 2 engagement, including partnering with community-based organizations. Cities can get involved by taking and sharing the survey and open houses. a� 5. ADJOURNMENT 4- 0 Council President Kaur adjourned the meeting. O L Q Meeting ended at 4:30 p.m. a Ki�w�.b Leery A. Kot oto- a City Clerk LO N O N O d LL 4- 0 N d 7 C d C) C Q N c.1 v Q N d r 7 C Page 9 Packet Pg. 6 4.B FINANCE DEPARTMENT Paula Painter, CPA 40 220 Fourth Avenue South K E N T Kent, WA 98032 "'N 253-856-5264 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: Packet Pg. 7 4.0 FINANCE DEPARTMENT Paula Painter, CPA 40 220 Fourth Avenue South K E N T Kent, WA 98032 "'N 253-856-5264 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Fourth Quarter 2024 Investment Report SUMMARY: Cash and Investment Officer, Joe Bartlemay will present the Fourth Quarter 2024 Investment Report. ATTACHMENTS: 1. Q4 2024 Investment Report (PPTX) Packet Pg. 8 4.C.a 0 a 0 o: Y c m E Y a� N O N L L ca ry� V L 3 0 U- City of K Z 0 0 LL Investment Portfo [ io z N N Q4- 2024 CL Y E Y > N O i' N V��y i Y E V Y Y Q Packet Pg. 9 4.C.a 0 a 0 c m CITY OF KENT E rr INVESTMENT PORTFOLIO December 31, 2024 > C Purchase Market Value Investment Date Investment Description Yield Ptaturit 12 31 2024 Total N 0 12 31.,24 Ca-ch - U:: tank 750°� Overnight 6,664,673 6,66»,673 N 12/31/24 %NA State LGIP 4.6030a Overnight 114,452,552 114,452,552 d 12/31/24 Long-Term Portfolio 3.210°� 895 Cav_ 255,224,208 258,854,721 ca 376,341,433 379,971,946 CY t Kent Portfolio ti J z O O LL z ■Cash ■WA State LGIP N U.S.Treasuries -Supra Natioral Bcrds ■Municipal Bonds C CL Gov't.Agencies d a. -Corporate Notes +� Commercial Paper d Bank Notes £ w. IL > rn d C N 0 N IV CY Y E V J.d .I.d Q Packet Pg. 10 4.C.a 0 a 0 o: c m CITY OF KENT E w CASH AND INVESTMENTS BY TYPE QUARTER ENDING BALANCES > 2023 Q4 AND 2024 Q1-Q4 C 450,000,000 Iq N O N 400,000,000 - 1r ♦ - ♦ ♦ ♦ 3 350,000,000 t 1r 300,000,000 0 LL J Z 250,000,000 O O ---•-- Total c&I LL 200,000,000 — Long-Term Portfolo N 150,000,000 •--_ —�LGIP 04 1- 3 35 0 100,000,000 Q NNa) 66 50.000,000 E rn 4th Quarter 2023 1st Quarter 2024 2nd Quarter 2024 3rd Quarter 2024 4th Quarter 2024 S qq N O N 'q Cy Y E V J.d .I.d Q Packet Pg. 11 4.C.a O a d o: c m E CASH AND INVESTMENTS u MONTH ENDING BALANCES > 2022 / 2023 / 2024 r_ N 450,000,000 - - N ca 1r 400,000,000 350,000,000 LL 300,000,000 -- -- -- -- } J Z O 250,000,000 2024 O LL 2023 Z 200,000,000 2022 04 N 150,000,000 O Q d 100,000,000 w c m 50,000,000 E U) d C JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC p N Iq CY *In June 2022, the City received one-time funds of $14.1M of ARPA grant funding. Ad c d E t r Q Packet Pg. 12 4.C.a 0 a 0 o: Y c Quarterly Interest Earnings E Q4, 2023 and Q1-Q4, 2024 C 3,500,000 N 0 N 3,000,000 2-,044,589 2,956,189 I co 2,539,024 2,575,691 CY 2,500,000 0 0 u_ 2,000,000 J z 1,500,000 O O u_ z 1,000,000 750,736 732,862 714,064 748,996 ti 689,511 N 500,000 0 a m _ Y Q4 2023 Q1 2024 Q2 2024 Q3 2024 Q4 2024 E ■General Fund ■Other Funds d c v N O N Iq CY Y E V Y Y Q Packet Pg. 13 4.C.a 0 a 0 Total Cash and Investments By Fund December 31, 2024 E 1000 General Fund 62,376,374 1100 Street Fund 18,834,S99 1200 PS Retiree Healthcare Fund 1,368,080 1300 Lodging Tax Fund 335,423 c 1400 Youth/Teen Fund 1,604,883 N 1S00 Capital Resources Fund 24,313,836 1600 Criminal Justice Fund 12,240,055 _ ca 1800 Housing & Comm Dev Fund 6,987,340 1900 Other Operating Projects Fund 3,912,574 CY 1950 Kent Events Center Operating Fund S11,247 2200 Non-Voted Debt Service Fund 42,772 2S00 Spec Assess Debt Service Fund 1,0S5,285 Li 3100 Street Capital Projects Fund 28,229,047 } 3200 Parks Capital Projects Fund 22,S03,811 _J 3300 Other Capital Projects Fund 2,391,162 0 3400 Technology Capital Projects Fund 12,220,726 O 3500 Facilities Capital Projects Fund 15,020,870 LL Z 4100 Water Fund 46,623,485 I 4300 Sewer Fund 17,197,441 4400 Drainage Fund 38,998,078 I ti 4700 Solid Waste Fund 456,803 4800 Golf Fund 3,S36,185 5100 Fleet Service Fund 7,680,396 0 5200 Central Services Fund 1,S45,622 Q d 5400 Facilities Management Fund 6,271,292 X 5600 Insurance Fund 37,664,937 5900 Deferred Compensation Fund 172,277 6200 Firefighters Pension Fund 2,345,266 1 6400 Deferred Comp Fund - 6S00 Payroll Clearing Fund 4S3,849 6600 Subsystem Clearing Fund 3,415 6700 Utility Clearing Fund 1,289,829CD N 6800 Agency Clearing Fund 1,S83,113 N 7100 Special Events Center-PFD 201,876 et Total: 379,971,946 CY Y E V J.d .I.d Q Packet Pg. 14 4.C.a 0 a 0) pfm 1 asset r_ management E Portfolio Summary and Statistics For the Mmth Ong December 3t 2024 u d CITY of KENT-4882ocnb C et N Description Par Value Market Value Percent C U.S.T Bank Note Nreasury Bond/Note 189,830,000.00 180,977,761.69 70,92 0.91% i Stara-Nateonal Agency Band/Note 7,490,000.00 7,388,175.73 2.89 Ctxparace Nate Federal Agency Bond/Note 16,720,000.00 16,199,721.33 6.35 14.66% Ca Corporate Note 49,090,000.00 48,326,482.75 18.93 Fed Ally Band 1 Note Bank Note 2,3001000.00 2,332,066.60 0.91 t 0.3 CY Managed Account Sub-Total 265,430,000.00 255,224,208.10 100.00% Prig Placement t Accrued Interest 1,623,034.61 Bond Total Portfolio 265,430,000.00 256r847,24L71 4'27% 0 LL Unsettled Trades 0.00 0.00 Supra-Naoonal Agency Bond/Noce Z US T5y Band 1 Notei!! (2.M O 70.92% O LL r. . Z '-- - Yield to Maturity at Cost 3.21% N ti Veld to MaGrrity at Market 4.47% N Weighted Average Days to Meturity 895 0 Q Q) C 0) o.awb E 0.6 Mort. 6.12 Motln 1-2 Yes i reen a-S rm S Ym. A, 1D S PFM Asset Management,a division of Account 48820000 Page 2 U.S.Bancorp Asset Management Inc- N CD N Iq CY Y E V J.a .I.d Q Packet Pg. 15 4.C.a 0 a am For the Quarter Ended December 31,2024 CITY OF KENT Account Summary w N a) Sector Allocation Analytics > �t N O N L U.S.Treasury-5182.061.618WD i I 48.2 to CY Federal Agency-$16,230,159 F4.3% O O LL Supranational-57.455,190 2.0% J Z Corporate-551.100A67 13.5°k 0 0 LL Local Government Investment Pool-5114,452,552 000130.3% Z N ti Bank Deposits-56,664,672 1.8% O Q 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% r C d Portfolio Allocation =Sector Limit for Analysis* E r+ N d C For informationauanalytical purposes only and is not prol✓idetl for compliance assurance.Inc/utles accrued interest. 'Seotof Limit for Analysis is as derived from our interpretation of your most recent Investment Policy as provided. N O PFM Asset Management I pfmam.com N Iq CY Y E V J.d .I.d Q Packet Pg. 16 4.C.a 0 a am For the Quarter Ended December 31,2024 CITY OF KENT Portfolio Characteristics O a) E Y to Sector Allocation Review - CITY OF KENT > c Security Type Mar-24 % of Of of • N U.S.Treasury $131.6 59.1% $146.5 60.2% $164.1 65.4% $181.0 719.9% 0.8% N Federal Agency $22.3 10-0% $22.5 92% $19.9 7.9% $16.26.4% Supranational $10.9 4.9% $11.0 4.5% $8.6 3.4% $7.42-9% Municipal $4.3 2.0% $4.0 1.7% $1.9 0.8% $0.00.0% f6 7 Corporate $53.3 24.0°k $59.3 24.4°k $56.3 22.5% $50.7 U! Total $222.5 100.0% $243.3 100.0% $250.8 100.0% $255.2 100.0% � 7 O LL J U.S.Treasury =FederalAgency =Supranabonal Municipal Corporate Z 0 $260.0 LL Z I .. $208.0 CV I- N � $156.0 o f $104.0 0 CL $52.0 Wo E March2024 June2024 September2024 December2024 U) d C Market values,excluding accrued interest only includes fixed-income securities held within the separately managed aocount(s)and LGIPs managed by PFMAM.Detail may not add to total due to rounding. N PFM Asset Management pfmam.com CD N Iq CY Y E V Y Y Q Packet Pg. 17 4.D PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 40 Julie Parascondola, CPRE, Director KENT 220 Fourth Avenue South 1 1,1 O N Kent, WA 98032 253-856-5100 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Resolution Authorizing Execution of Agreements for Funding of Affordable Housing - Adopt MOTION: I move to adopt Resolution No. 2084, authorizing the execution of agreements by the administering agency for South King Housing and Homelessness Partners to fund affordable housing projects. SUMMARY: SKHHP was established in 2019 through an interlocal agreement (Establishing ILA) and is a unified, coordinated, and collaborative coalition funding the construction and preservation of affordable housing in South King County. SKHHP currently has 12 member jurisdictions including the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, and Tukwila, plus King County. SKHHP provides a meaningful opportunity to pool funds together with neighboring cities to collaboratively make an impact on the subregion's affordable housing shortage. To date, SKHHP has pooled over $11.2 million to house our low-income neighbors or rehabilitate deteriorating multifamily buildings. In 2019, RCW 82.14.540 (SHB 1406) became law allowing jurisdictions to enact a local sales and use tax for the purpose of supporting affordable housing. In 2021, eight of the nine SKHHP member cities entered into a second interlocal agreement for purposes of pooling sales tax receipts authorized by RCW 82.14.540 with SKHHP to create the Housing Capital Fund (Pooling ILA - SHB 1406). In 2023, two of the four SKHHP member cities who are able to collect RCW 82.14.530 (HB 1590) revenues desired to pool a portion of those funds with SKHHP for the 2023 funding round of the Housing Capital Fund to add to existing SHB 1406 pooled revenue and entered into an additional interlocal agreement (Pooling ILA - HB 1590). In 2024, an additional member city entered into the Pooling ILA - HB 1590 and a new member city made a contribution from municipal general funds. The Establishing ILA and Pooling ILAs established the SKHHP Housing Capital Fund, set parameters for the process for the selection of awards involving pooled funds, and determined the approval process. Pursuant to the ILAs, the SKHHP Executive Board recommends allocations for funding affordable housing projects to the participating City Councils. Even though the Council has already contributed funds to the 2024 Housing Capital Fund funding round, Council approval is needed to Packet Pg. 18 4.D authorize the allocation of funds to specific projects. The SKHHP Executive Board adopts annual funding guidelines and priorities for each funding round. The SKHHP Advisory Board subsequently reviewed applications and provided a funding recommendation based on adopted priorities to the SKHHP Executive Board. The SKHHP Executive Board concurred with the SKHHP Advisory Board's recommendation and recommends funding four projects totaling $4,100,000 as described in the 2024 SKHHP Housing Capital Fund Recommendation memo dated January 23, 2025 (attached). The SKHHP Executive Board requests approval to use $2,288,300 of the total $2,256,716 contributed funds from 2024 and $37,168 of the carry-over from 2023 from the City of Kent for the following recommended projects: Project Sponsor and Location # of Units Total Development 2024 SKHHP 2024 City Project Name Cost Contribution Contribution Mercy Housing NW - Burien 91 $58,048,463 $2,000,000 $1,485,801 Burien Family Housing TWG - Pandion at Star Kent 251 $126,720,200 $770,000 $572,034 La ke Multi-Service Center- Auburn 24 $975,939 $775,000 $173,408 White River Apartments Habitat for Humanity - Burien 40 $26,193,686 $555,000 $57,057 Burien Miller Creek As outlined in the memo, sales and use tax receipts from Kent have already been contributed to SKHHP's 2024 Housing Capital Fund, and with this Council approval, $2,288,300 of those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in the attached memo. The Resolution authorized the administering agency of SKHHP to execute all documents and take all necessary actions to enter into agreement on behalf of the City to fund these recommended affordable housing projects. BUDGET IMPACT: $2,288,300 (HB 1590 and SHB 1406 pooled funds). SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. SKHHP HCF Allocations - Resolution (PDF) Packet Pg. 19 4.D.a a� .N O d �a L O Q RESOLUTION NO. 2084 ° a� _ ° U- L O A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the administering agency for the South King Housing and Homelessness Partners (SKHHP) to execute all a documents necessary to enter into agreements for o the funding of affordable housing projects, as o recommended by the SKHHP Executive Board, utilizing funds contributed by the City to the SKHHP Housing Capital Fund. W N O t RECITALS a _ O A. On June 19, 2019, the City of Kent ("City") executed an ' 0 interlocal agreement to form the South King Housing and Homelessness Partners ("SKHHP") to help coordinate the efforts of South King County cities ti N to provide affordable housing. _ B. On February 4, 2021, the City executed an interlocal agreement ° for the purposes of pooling sales tax receipts sourced from RCW 82.14.540 M o_ with SKHHP to administer funds through the SKHHP Housing Capital Fund. C. On September 18, 2023, the City executed another interlocal o M agreement for the purposes of pooling sales and use tax receipts sourced o from RCW 82.14.530 with SKHHP to administer funds through the SKHHP LL U Housing Capital Fund. _ a D. The SKHHP Executive Board has recommended that the City = Y participate in the funding of certain affordable housing projects and co programs hereinafter described. _ 1 SKHHP Housing Capital Funds - Resolution a Packet Pg. 20 4.D.a E. The SKHHP Executive Board has developed recommended conditions to ensure that the City's affordable housing funds are used for = a� their intended purpose and that projects maintain their affordability over time. 0 F. Pursuant to the SKHHP formation interlocal agreement, each a 0 legislative body participating in funding a project or program through = SKHHP's Housing Capital Fund must authorize the application of a specific U_ amount of the City funds contributed to the SKHHP Housing Capital Fund to 0 4- a specific project or program. a� G. The City Council desires to use $2,288,300 from funds E contributed to the SKHHP Housing Capital Fund as designated below to a finance the projects recommended by the SKHHP Executive Board. o 0 0 U NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, x w WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: _ N O t RESOLUTION 3 a _ 0 SECTION 1. - Authorization. Pursuant to the SKHHP interlocal o agreement, the City Council authorizes the duly-appointed administering agency of SKHHP to execute all documents and take all necessary actions to ti N enter into agreements on behalf of the City to fund (1) the development of _ Mercy Housing Northwest's Burien Family Housing; and (2) the development 0 of TWG's Pandion at Star Lake; and (3) the rehabilitation of the Multi-Service Center's White River Apartments; and (4) the development of Habitat for Humanity's Burien Miller Creek.The source of funding shall come through the 0 M combined use of $2,057,835 of the City's HB 1590 contribution and $230,465 0 from the City's SHB 1406 contribution, as proposed in the SKHHP Executive LL U Board's Memorandum dated January 23, 2025, a copy of which is attached = a and incorporated as Exhibit A. _ Y N _ a� 2 SKHHP Housing Capital Funds - Resolution a Packet Pg. 21 4.D.a SECTION 2. - Terms and Conditions. The agreements entered into pursuant to Section 1 of this Resolution shall include terms and conditions to = a� ensure the City's funds are used for their intended purpose and the projects maintain affordability over time. In determining what conditions should be 0 included in the agreements, the duly-appointed administering agency of a 0 SKHHP shall be guided by the recommendations set forth in Exhibit A. _ SECTION 3. - Severability. If any one or more section, subsection, L 0 or sentence of this resolution is held to be unconstitutional or invalid, such w decision shall not affect the validity of the remaining portion of this resolution a� and the same shall remain in full force and effect. a 0 SECTION 4. - Corrections by City Clerk. Upon approval of the city o attorney, the city clerk is authorized to make necessary corrections to this a� resolution, including the correction of clerical errors; resolution, section, or W 0) subsection numbering; or references to other local, state, or federal laws, N •L codes, rules, or regulations. 0 w a SECTION 5. - Effective Date. This resolution shall take effect and be o in force immediately upon its passage. o a� a_ M March 18, 2025 N DANA RALPH, MAYOR Date Approved c 0 0 ATTEST: a� o_ March 18, 2025 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 a U_ APPROVED AS TO FORM: x a x x Y co TAMMY WHITE, CITY ATTORNEY a� E 3 SKHHP Housing Capital Funds - Resolution a Packet Pg. 22 4.D.a Exhibit A Memorandum N o SK00 1 ■■ South King Housing and Homelessness Partners -aL 0 TO: City of Auburn City Council City of Maple Valley City Council Q City of Burien City Council City of Normandy Park City Council C City of Covington City Council City of Renton City Council City of Des Moines City Council City of SeaTac City Council City of Federal Way City Council City of Tukwila City Council City of Kent City Council LL 0 FROM: SKHHP Executive Board w c DATE: January 23, 2025 m E RE: 2024 SKHHP Housing Capital Fund Recommendation m L OVERVIEW w 0 2024 was the third annual funding round of the SKHHP Housing Capital Fund made possible by pooling a resources among SKHHP member jurisdictions. 2024 was the first year every member city contributed pooled funds towards the Housing Capital Fund and contributions totaled $3,959,020. With the remaining unused x funds from the 2023 funding round, SKHHP made $4,100,000 available in the 2024 funding round. SKHHP w received six applications for funding representing over$9.2 million in requests to develop or preserve 431 units of housing.The SKHHP Executive Board recommends funding four projects totaling$4,100,000 (see Table o 1). Of this total,the Executive Board recommends using$1,030,000 of the total $1,035,141 sourced from SHB 1406 revenue contributions for one homeownership and one preservation project; $2,770,000 of the total a $2,775,969 sourced from HB 1590 revenue contributions for two new construction projects; and $300,000 of o r the total $300,000 sourced from general funds to be applied to the homeownership project.This 0 recommendation leaves a balance of$5,141 in SHB 1406 funds and $5,969 in HB 1590 funds in the Housing 0 Capital Fund that will rollover into the next funding round in 2025 (see Tables 2 and 3).A summary of the recommended projects, funding rationale, and the conditions for funding are described in this memo. Included ti N as attachments are the economic summaries of the recommended projects, summary changes of previously awarded projects that reapplied and are recommended for funding, and standard conditions for funding. _ 0 w Table 1: Recommended Projects and Recommended Funding Level w Project sponsor Location #of Project type Amount Recommended Recommended W and name units Requested Funding—HB Funding—SHB N 1590 1406&G F 0 Mercy Housing NW— Burien 91 New Construction $2,000,000 $2,000,000 - Burien Family Housing Rental 0 TWG—Pandion at Star Kent 251 New Construction $2,000,000 $770,000 -- Q LL Lake Rental U 2 Multi-Service Center— Auburn 24 Preservation $975,939 -- $775,000 a. White River Apts. Rental = Y Habitat for Humanity— Burien 40 New Construction $1,300,000 -- $300,000-GF Burien Miller Creek Homeownership $255,000-SHB 1406 TOTAL -- 406 -- -- $2,770,000 $1,330,000 v c� Page 1 of 23 a Packet Pg. 23 4.D.a Table 2: Proposed HB 1590 Allocations by Jurisdiction for Recommended Projects 1. Mercy Total Carry-Over 0 Jurisdiction Housing-Burien 2.TWG-Pandion Contributed from 2023 Unallocated Family in 2024 M Covington $ 153,964 $ 59,276 $ 213,657 $ 43 $ 460 0 Kent $ 1,485,801 $ 572,034 $ 2,061,827 $ 442 $ 4,434 a Maple Valley $ 360,235 $ 138,690 $ 500,000 $ - $ 1,075 0 Total $ 2,000,000 $ 770,000 $ 2,775,484 $ 485 $ 5,969 =a c LL Table 3: Proposed SHB 1406 Allocations by Jurisdiction for Recommended Projects c 4- 3. MSC-White 4. Habitat-Miller Total Carry-Over Jurisdiction River Creek Contributed from 2023 Unallocated E in 2024 m Auburn $ 121,507 $ 39,980 $ 135,475 $ 26,819 $ 807 Q Burien $ 57,595 $ 18,950 $ 64,623 $ 12,304 $ 382 0 Des Moines $ 29,955 $ 9,856 $ 34,012 $ 5,998 $ 199 a Federal Way $ 116,047 $ 38,184 $ 131,715 $ 23,286 $ 770 Kent $ 173,408 $ 57,057 $ 194,889 $ 36,726 $ 1,150 x Normandy Park $ 4,930 $ 1,622 $ 5,426 $ 1,158 $ 32 w am Renton $ 202,461 $ 66,616 $ 228,107 $ 42,313 $ 1,343 N Tukwila $ 69,097 $ 22,735 $ 89,289 $ 3,002 $ 459 0 t Total $ 775,000 $ 255,000 $ 883,536 $ 151,606 $ 5,142 Q c 0 Table 4: Proposed Unrestricted/General Fund Allocations by Jurisdiction for Recommended Projects 0 Total w 3. Habitat-Miller Jurisdiction Contributed in Unallocated Creek 2024 M ti N SeaTac $ 300,000 $ 300,000 $ - Total $ 300,000 $ 300,000 $ - r_ 0 w _0 BACKGROUND 0 w a� The SKHHP Advisory Board met on October 3, 2024 and November 7, 2024 to review each project application and develop a funding recommendation for the SKHHP Executive Board's consideration.The SKHHP Executive c Board met on October 18, 2024 and November 15, 2024 to review each project and consider the a recommendations of the Advisory Board. The Advisory Board adopted its recommendation on November 7, o 2024 and the Executive Board took final action on November 15, 2024. Q u_ U 2 Of the six applications received,two are located in Renton and both project applications are eligible to receive p. HB 1590 funds.The City of Renton collects HB 1590 funds but does not currently pool those funds with SKHHP. _ SKHHP pools HB 1590 funds from three of the four South King County cities that collect it. Because of this,the City of Renton plans to directly financially support these two projects.These projects include Homestead Community Land Trust's Willowcrest II and St. Stephen Housing Association &Way Back Inn's Steele House. E s c� Page 2 of 23 a Packet Pg. 24 4.D.a These two projects were removed from SKHHP's competitive list of projects under consideration prior to the Advisory Board and Executive Board making their funding recommendation. 0 PROCESS °' M Advisory Board Executive Board finalizes Member Councils approve ,o recommendation recommendation funding recommendation Q (November 7,2024) (November 15, 2024) (January-March 2025) C c =a c ATTACHMENTS Li L 0 1. Economic summaires of recommended projects y 2. Summary changes of previously awarded projects that reapplied 3. Standard conditions for funding E m L Q W O _ O rt+ V K W N i O t 3 Q C O r O O N O M N C O _3 O N d N C M 0 O Q LL U 2 a x x Y c m E s v c� Page 3 of 23 a Packet Pg. 25 4.D.a 1. Mercy Housing Northwest- Burien Family Housing Funding request: $2,000,000 0 d Executive Board recommendation: $2,000,000 (forgivable loan) M L Address: 12845 Ambaum Blvd SW Burien, WA 98146 Q PROJECT SUMMARY o a) Burien Family Housing is a new multifamily 91-unit rental project located near high frequency transit in Burien. The project will support households earning between 30%area median income (AMI) and 60%AMI with a LL focus on households with children, including 34 units set-aside for families with children exiting homelessness c and 18 units set-aside for households with a physical disability. y c The project includes the redevelopment of a 4.23 acre site currently owned by Mary's Place which operates an E emergency shelter on-site. Mary's Place will be donating 2-acres of the project site to Mercy Housing m Northwest for the development of new affordable housing, while retaining 1.31 acres of the site for the Q development of a new shelter to replace the existing one.The project will be four stories in size.The o development is comprised of a mix of one-, two-,three-, and four-bedroom units. 52%of the units are family- 0 sized two-,three-, and four-bedroom units. m This project received a financial award from SKHHP during the 2022 funding round and secured funding from w King County,the Washington State Department of Commerce, the 9% Low Income Housing Tax Credit(LIHTC) c program, and the Amazon Housing Equity Fund (HEF) program over the course of 2023 and 2024.The project is o a combination 4% and 9% LIHTC project.The project also secured 34 project-based vouchers from the King County Housing Authority and a Resident Services award from King County to support the families exiting Q homelessness. 0 r PROJECT SCHEDULE 0 a� Activity Date M Purchase and Sales Agreement 8/29/2022 N Zoning Approval 2/1/2024 Site Plan Approval 8/18/2022 0 Building Permits Issued 2/25/2025 Begin Construction 4/1/2025 v°� Begin Lease-up 6/1/2026 Issued Certificate of Occupancy 8/1/2026 a, c 0 FUNDING RATIONALE M 0 The Executive Board supports the intent of this application for the following reasons: Q LL U • The project has been awarded significant financial contributions from King County, State Department = of Commerce (Housing Trust Fund),Amazon, and was awarded $1,093,308 from SKHHP in the 2022 = funding round. Additionally,the project received a 9% bond allocation in the 2024 funding round Y through the Washington State Housing Finance Commission. • The project is ready to begin construction in the first half of 2025. s c� Page 4 of 23 a Packet Pg. 26 4.D.a • The sponsor's partnership with Mary's Place demonstrates a commitment to serving households = 0 experiencing homelessness and will develop a pipeline of permanent housing for Mary's Place clients. 0 0 • Project-based vouchers have been secured which increases the financial stability of the project. _ d • 75%of the units will be constructed using advanced universal design principals. • The project includes set-asides for four-bedroom units which are greatly needed to serve larger 0 families. a • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: collaboration o with local community-based organizations, connections and direct experience with populations the project is proposing to serve, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to transit and other amenities, Ui L providing rental housing for individuals and families earning 0-30%AM] and incorporating supportive ,o services, and the leverage of private and public investment. U' c • The site has convenient access to transit, shopping, and services. E m m L PROPOSED CONDITIONS Q W. Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. 0 0 Special Conditions m 1. SKHHP will provide project funds to the Contractor in the form of a deferred,contingent, w forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of N •L funds and must be approved by SKHHP staff.The loan will be secured by a deed of trust :E recorded against the development property to ensure that Contractor maintains the project's a affordability and target population. Contractor shall not be required to repay the loan so long c as it maintains these project requirements. 0 w aD 2. Timeframe for funding commitment.The funding commitment continues for thirty-six(36) months from the date of Council approval of original award and shall expire thereafter if all04 M ti conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time,the Contractor will provide a status report = 0 on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of 0 documented, meaningful progress in bringing the project to readiness or completion. At a minimum,the Contractor will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. o M 0 3. Project description of original award from 2022 funding round will be replaced by current ° description of the project. Previous funding award shall be combined with current LL recommended award but will retain eligibility of use under RCW. 82.14.540. _ a x 4. At least 34 of the housing units shall be set-aside for families with children exiting = Y homelessness who earn no more than 60%AMI and 18 of the housing units shall be set-aside co for households with a physical disability who earn no more that 60%AMI. Use of funds and population eligibility must be in-alignment with RCW 82.14.530 for 2024 award. E c� Page 5 of 23 a Packet Pg. 27 4.D.a 5. SKHHP funds shall be used solely for new construction, unless otherwise approved by SKHHP staff. 0 x 6. A covenant is recorded ensuring affordability for at least 50 years with size and affordability d distribution per the following table. Changes may be considered based on reasonable -a L justification as approved by SKHHP. ,o Q AMI 1-bedroom 2-bedroom 3-bedroom 4-bedroom Total Units 0 30% 6 14 5 3 28 0 50% 30 11 7 -- 48 60% 7 4 3 -- 14 LL Manager Units 1 -- -- -- 1 c Total Units 44 29 15 3 91 c m E m m L Q W O 0 rt+ V K W �N �i O t 3 Q C 0 r O 0 N O M ti N ! a 0 O 0 N d N C M 0 O Q U- U x a x x Y CO c m E s v c� Page 6 of 23 a Packet Pg. 28 4.D.a 2. TWG Development- Pandion at Star Lake Funding request: $2,000,000 = d Executive Board recommendation: $770,000(loan) M L Address: 2526 S 272nd St., Kent, WA 98032 Q PROJECT SUMMARY 0 c Pandion at Star Lake is a 251-unit multifamily, mixed-use rental project in Kent located adjacent to the Kent/Star Lake Link light rail station.The project will support households earning between 30%AMI and U_ 80%AMI.47 units will support households up to 80%AMI.The project has been proposed as a 4% Low c Income Housing Tax Credit(LIHTC) development.The project secured an award from SKHHP in the 2023 Housing Capital Fund funding round totaling$1,170,000, although the project was modified for the 2024 funding round.The project did not secure the needed public and private funds in 2024 to move forward towards beginning construction.The timeline for beginning construction has been moved out until funds Q can be secured to fill a $30 million gap. SKHHP's awards will assist the project in future applications to c funders. c This transit-oriented development(TOD) project will provide a mix of studio, one-,two-, and three- bedroom units.The project will include ground floor commercial space consisting of a K-12 learning x w center for low-income children operated by the Renton-based STEM Paths Innovation Network (SPIN). The property was purchased by the developer in December 2022.The project is a six-story building with N five stories of affordable housing over one story of commercial space which also includes ten units of 0 housing at the residential lobby level, plus basement level parking. Q c The 251 units includes 163 units for the general population, 59 units for families with children, and 29 0 r units for families with children that require permanent supportive services and are at-risk of being 0 0 homeless. 24 units would be accessible units.The project includes 92 studios, 71 1-bedrooms, 36 2- Q bedrooms, and 52 3-bedrooms. M ti 29 units of the project are eligible for HB 1590 funds which includes those units for families with 04 children at-risk of homelessness and require permanent supportive services who earn up to 30%AMI. r_ Those units would be served by Vision House which would provide on-site supportive services. Of the 2 29-units, 20-units would be 2-bedroom units and 9-units would be 3-bedroom units to accommodate 0 w families. FUNDING RATIONALE 0 The Executive Board supports the intent of this application for the following reasons: M 0 • The project secured a prior funding award from SKHHP and additional funds will assist the Q project to leverage other funding sources. v x • The project is located adjacent to the future Kent/Star Lake Link light rail station and has Q, convenient access to transit, schools,grocery stores, and services. _ • The construction start date is anticipated farther out than other projects and the sponsor may have more time to secure the additional funds than other recommended projects prior to beginning construction. E s c� r Page 7 of 23 a Packet Pg. 29 4.D.a • The project has strong partnerships with Vision House who will provide on-site supportive N services for 29 families with children and SPIN who will operate a K-12 learning center in the o commercial space. x • The project will support 29 families with children at-risk of homelessness. M • The project is large and will provide a high number of affordable units near areas with high c displacement risk potential. a • The project sponsor has been in close communication with the City of Kent on project feasibility c and zoning requirements since the property was purchased in December 2022. • The project sponsor has agreed to voluntarily meet the design standards for properties zoned as 'Midway Transit Community,' which is a higher degree of development than what is required 'L under general mixed-use commercial standards for the City of Kent. ° N • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: being c m a transit-oriented development(TOD) project, collaboration with local community-based E m organizations, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to the future Link light rail Q w station and other amenities, and providing rental housing for individuals and families earning 0- C 30%AMI and incorporating supportive services. g PROPOSED CONDITIONS K w Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. c N i Special Conditions t 1. SKHHP will provide project funds to the Contractor in the form of a deferred, 1% a interest, non-forgivable loan to the LIHTC partnership. The form of the funds are c r subject to change, but shall be agreed upon prior to contract execution. Loan terms will Z 0 account for various factors, including loan terms from other fund sources and available U) cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP staff.The loan will be secured by a deed of trust recorded against ti N the development property to ensure that Contractor maintains the project's affordability and target population. _ 0 w 2. Timeframe for funding commitment.The funding commitment continues for thirty-six w (36) months from the date of Council approval of original award and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty(60) days prior to the expiration date.At that time, the c Contractor will provide a status report on progress to date and expected schedule for c start of construction and project completion.The SKHHP Executive Board will consider a Q twelve-month extension only on the basis of documented, meaningful progress in v bringing the project to readiness or completion. At a minimum,the Contractor will x demonstrate that all capital funding has been secured or is likely to be secured within a = reasonable period of time. Y c m E s c� r Page 8 of 23 a Packet Pg. 30 4.D.a 3. Project description of original award from 2023 funding round will be replaced by = current description of the project. Previous funding award shall be combined with c current recommended award. x d 72 M 4. At least 29 housing units of the total shall be set-aside for families with children at-risk 0 of homelessness who earn no more than 30%AMI per the requirements of RCW a 82.14.530 and the U.S. Department of Housing and Urban Development's definition of c "at-risk of homelessness." =a _ 5. SKHHP funds shall be used solely for new construction, unless otherwise approved by LL L SKHHP staff. ,o N _ 6. A covenant is recorded ensuring affordability for at least 50 years with size and E affordability distribution per the following table. Changes may be considered based on L reasonable justification as approved by SKHHP. a' Q w AMI Studio 1-bedroom 2-bedroom 3-bedroom Total Units O 30% -- -- 20 9 29 0 50% 52 41 1 20 114 60% 23 17 8 13 61 w 80% 17 13 7 10 47 Total Units 92 71 36 52 251 N •L O t Q _ O r 0 w a� c� ti N ! _ O O O N d N _ M V O Q LL U x a x x Y _ m E s v c� r Page 9 of 23 a Packet Pg. 31 4.D.a 3. Multi-Service Center-White River Apartments ° Funding request: $975,939 = d Executive Board recommendation: $775,000 (grant) M L Address: 1301 31st St SE, Auburn, WA Q PROJECT SUMMARY ° c The White River Apartments is a multifamily, preservation and rehabilitation 24-unit rental project in Auburn.The building was constructed in 1978 and the nonprofit Multi-Service Center took over U_ ownership in 2000.The project consists of 24 two-bedroom, one-bathroom units in active use which c includes three units serving households earning up to 30%AMI, sixteen units at 45%AMI, and five units at 80%AMI.The 80%AMI units are currently occupied by households earning less than 60%AMI and those units would shift to income restricted up to 60%AMI once funding is awarded.The project would not displace current residents. Q w SKHHP funds are requested to support the rehabilitation of the 24 units including: siding replacement, ° _ site lighting, parking lot improvements including curbs and seal coating, replacing domestic hot water ° tanks in all units, re-grading areas adjacent to siding and replacement of exterior entry doors. This a� project previously applied to SKHHP's 2023 funding round. x w am The project is located within walking distance of a bus route that connects to the Auburn Transit Center N and Sounder Commuter Rail Station. South Auburn Elementary School, Game Farm Park, and Ballard o Park are within 0.5 mile of the project.A grocery store is located one mile from the project. t Q PROJECT SCHEDULE c Activity Date Site Control 1/1/1996 0 Building Permit Issued End of 2025 Begin Rehabilitation and Renovation End of 2025 End Rehabilitation and Renovation End of 2025 � a FUNDING RATIONALE ° w ° 0 The Executive Board supports the intent of this application for the following reasons: w a� • The property is in need of rehabilitation to support the health and safety of the residents. • The project is made up of 2-bedroom units to support larger household sizes. o • 79%of the households at White River Apartments earn no more than 45%AMI. 0 • The property is close to parks, an elementary school, and transit access to the Auburn Transit 0Q Center and the Auburn Sounder train station. LL U • The project includes a fenced play area with an accessible ramp into the play yard with recently = installed play equipment. _ • Limited SKHHP funds available this funding round required a partial award which will still allow Y co most of the residential building rehabilitation to move forward. c m E s c� r Page 10 of 23 a Packet Pg. 32 4.D.a • There are limited funding sources available for preservation and rehabilitation—SKHHP is the N only funder on this project.The focus for larger public funders has historically been on creating c new units of affordable housing. Smaller preservation projects like this one are not as competitive against larger preservation projects competing for the same funds. The project M applied for funding in earl 2024 to the State Department of Commerce Housing Trust Fund and pp g Y p g c SKHHP provided a letter of support, but was not successful in securing funding at that time. a • The rehabilitation will not displace current residents. o • Preservation and rehabilitation of affordable housing is a high-priority for SKHHP. c • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: the c project sponsor's community connection and engagement with the populations they intend to U_ serve, advancing racial equity, addressing the needs of populations most disproportionately ° N impacted by housing costs, advancing geographic equity of the Housing Capital Fund, providing rental housing for extremely-low income households, and preservation. E • Multi-Service Center is a well-established South King County-based nonprofit that owns and operates over 650 units of affordable housing. Q w • Multi-Service Center's housing programs have a history of serving BIPOC community members o with 45%of residents of Multi-Service Center properties identifying as BIPOC. 0 PROPOSED CONDITIONS K w Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. c N i Special Conditions t 1. SKHHP will provide project funds to the Contractor in the form of a secured grant with a no repayment. Final Contract terms shall be determined prior to release of funds and c r must be approved by SKHHP staff.The grant will be secured by a deed of trust recorded z 0 against the property to ensure that Contractor maintains the project's affordability and U) target population. Contractor shall not be required to repay the grant so long as it maintains these project requirements. ti N ! 2. Timeframe for funding commitment.The funding commitment continues for thirty-six = 0 (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than w sixty(60) days prior to the expiration date. At that time, the Contractor will provide a status report on progress to date and expected schedule for start of construction and project completion.The SKHHP Executive Board will consider a twelve-month extension c only on the basis of documented, meaningful progress in bringing the project to 0 readiness or completion. At a minimum,the Contractor will demonstrate that all capital Q funding has been secured or is likely to be secured within a reasonable period of time. v x 3. SKHHP funds shall be used solely for the rehabilitation of the property and may include = the following, unless otherwise approved by SKHHP staff: Y a. Landscaping improvements b. Seal coating and restriping the parking lot c� r Page 11 of 23 a Packet Pg. 33 4.D.a c. Site lighting improvements d. Recoating breezeways and replacing railings c e. New siding f. Exterior paint 2 g. Replacing gutters and downspouts 0 h. Replacing unit entry doors and install metal screen doors a i. Replace in-unit and laundry water heaters c c 4. SKHHP funds shall be prioritized to support building improvements- parking lot improvements shall not be funded in favor of residential building rehabilitation. Ui L 0 5. SKHHP and Contractor shall agree to the specifics on what will be funded prior to executing a contract to ensure eligibility of expenses in alignment with RCW 82.14.540 m E and to mitigate cost-overruns. L Q 6. A covenant is recorded ensuring affordability for at least 50 years with size and c affordability distribution per the following table. Changes may be considered based on c reasonable justification as approved by SKHHP. m AMI 2-bedroom Total Units w units c 30% 3 3 N •L 45% 16 16 t 60% 5 5 Q Total Units 24 24 c r 7. Should cost overruns occur that require funds above SKHHP's contribution, sponsor will w work towards filling the funding need through their capital budget process or seeking funds through other sources. ch ti N ! C O O O N d N C M V O Q u_ U 2 a x x Y CO c m E s v c� r Page 12 of 23 a Packet Pg. 34 4.D.a 4. Habitat for Humanity Seattle-King& Kittitas Counties-Burien Miller Creek Funding request: $1,300,000 = d Executive Board recommendation: $555,000 (grant) M L Address: 511 S 1361" St Burien, WA 98168 Q PROJECT SUMMARY 0 c Burien Miller Creek is a 40-unit homeownership project in Burien.The project is comprised of three-and four-bedroom homes for purchase: 20 units for households earning an average 50%AMI and 20 units L? for households earning up to 80%AMI. The project is currently under construction and SKHHP awarded c the project$300,000 in the 2022 funding round which has been requested to support the construction of five units for households earning an average of 50%AMI not to exceed 60%AMI. All homebuyers must have lived in King County for a least one year and 25%of the homes are reserved for households with a connection to the community—being defined as within two miles from the project. Q w The project will provide permanent affordability through the execution of a ground lease upon sale of 0 _ the home. Habitat will have the Right of First Option to buy the home at an appreciated rate of 1.5% per 0 year. When the home is resold,the price is set at the cost of acquisition and any rehab needed, allowing m the home to be affordable to low-and moderate-income buyers in perpetuity. Habitat requires that the x w home must be the buyer's primary residence and must be owner occupied for the life of the home.The buyer's housing costs will be kept at or below 35%of gross household income. N •L 0 The project has secured awards totaling$23 million and reports a funding gap of$3.3 million. The t funding gap is due to increased construction costs, higher interest rates on construction loans, and Q c lower mortgage revenue due to Habitat's commitment to serve families at lower AMIs in this 0 r development. 0 0 w a� PROJECT SCHEDULE c� Activity Date N Site Control 3/26/2021 Building Permit Issued 3/24/2023 w0 Begin Construction 11/08/2022 0 0 End Construction 2/1/2026 w a� Full Occupancy 6/30/2026 c 0 FUNDING RATIONALE M 0 The Executive Board supports the intent of this application for the following reasons: Q u_ • Homeownership is a high priority for SKHHP. _ • Over$7 million has been invested in the site and over$23 million has been committed. °' x • Historically, out of the total number of households the sponsor has served, 65% identify as Y BIPOC families. • Habitat has implemented a community preference policy to help guide homeowner selection. All applicants must have been residents of King County in the past year and 25%of the homes s c� r Page 13 of 23 a Packet Pg. 35 4.D.a are reserved for those with a connection to the community (being defined as within a 2-mile = radius of the project site). 0 • The project began vertical construction in October 2024 and is fully permitted. x • Every homebuyer will have a sale price and mortgage set at no more than 35% of their M household income based on household size. c • Limited funds available from SKHHP required a partial award to be made to balance the need of a other priority projects with consideration of geographic equity. o • SKHHP awarded this project $300,000 in the 2022 funding round. Habitat reports a funding gap due to construction cost overruns and interest rates impacting the mortgages at the AMI levels they wanted to serve. SKHHP funds will help the project close the gap and enable them to serve U_ the lower AMI households they have committed to serve. ° N • The 32 3-bedrooms and 8 4-bedrooms spread across 10 buildings will provide badly needed larger, family sized homes. E m • The project was approved for participation in the City of Burien affordable housing demonstration program. Q w • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: the 0 project sponsor's community connection and engagement with the populations they intend to 0 serve, advancing racial equity, addressing the needs of populations most disproportionately m impacted by housing costs, leverage of public and private funds, and homeownership. x w os _ N i PROPOSED CONDITIONS 0 t 0 Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. a _ 0 Special Conditions 0 1. SKHHP will provide project funds to the Contractor in the form of a secured grant with Q no repayment. Final Contract terms shall be determined prior to release of funds and M must be approved by SKHHP staff.The grant will be secured by a deed of trust recorded N against the property to ensure that Contractor maintains the project's affordability and target population. Contractor shall not be required to repay the grant so long as it wo maintains these project requirements. 0 0 w W 2. Timeframe for funding commitment.The funding commitment continues for thirty-six (36) months from the date of Council approval of original award and shall expire c thereafter if all conditions are not satisfied. An extension may be requested to SKHHP M staff no later than sixty(60) days prior to the expiration date. At that time, the 0 Contractor will provide a status report on progress to date and expected schedule for Q start of construction and project completion.The SKHHP Executive Board will consider a v twelve-month extension only on the basis of documented, meaningful progress in = a bringing the project to readiness or completion. At a minimum,the Contractor will x x demonstrate that all capital funding has been secured or is likely to be secured within a Y reasonable period of time. m E s c� r Page 14 of 23 a Packet Pg. 36 4.D.a 3. Project description of original award from 2022 funding round will be replaced by current description of the project. Previous funding award shall be combined with c current recommended award. _ d 72 M 4. The recommended $300,000 (2024) from general fund contributions shall support the c development of five (5) housing units at an average 50%AMI on initial sale (among the a 20 units with an average 50%AMI restriction) and be permanently restricted at 70% o AMI upon resale. c =a C 5. The recommended $255,000 (2024) and the previously awarded $300,000 (2022) shall U- L support the development of five (5) units at an average 50%AMI on initial sale (among .° the 20 units with an average 50%AMI restriction) and be permanently restricted not to exceed 60%AMI upon resale. E m m L 6. SKHHP funds shall be used solely for new construction, soft costs, or other development Q costs, unless otherwise approved by SKHHP staff. o C O a� x Lu as C N i O t 3 Q C O r O O N O M ti N ! C O O O N d N C M V O Q LL U 2 a x x Y c m E s v c� r Page 15 of 23 a Packet Pg. 37 4.D.a ATTACHMENT 1: Economic Summaires of Recommended Projects Project: Mercy Housing Northwest-Burien Family Housing = d Proposed Funding Sources by Amounts and Status M L Funding source Proposed Amount Status SKHHP(2024) $2,000,000 Recommended Q SKHHP(2022) $1,093,308 Committed 0 4%LIHTC Equity $9,405,093 Committed c 9%LIHTC Equity $13,446,619 Committed State HTF $4,000,000 Committed - u_ King County(2023) $6,000,000 Committed 0 Permanent Amortizing Loan $5,892,060 Committed y Amazon HEF Loan $9,500,000 Committed m Mercy Loan Fund $999,999 Committed E Land Contribution $1,800,000 Committed Deferred Developer Fee $1,011,384 Committed Q National Housing Trust Fund $1,000,000 Committed 0 King County 2024/CHIP Pass Thru $1,900,000 Committed a 0 TOTAL $58,048,463 v m K w Proposed Use of Funds and Total Residential Cost Per Unit 04 c Proposed use Amount Per Unit i Acquisition $1,820,000 -- Construction $42,217,570 -- Q Soft Costs $8,634,716 -- c Other Development Costs $5,376,177 -- TOTAL $58,048,463 $637,895 p a� Residential Cost Per Square Foot c� ti N Item Amount Residential square footage 86,543 0 Residential development cost $58,048,463 Z Cost per square foot $670.75 0 d Residential Cost Per Unit Based on Unit Size N c 0 Unit Size Number of Units Unit Square Cost per Unit M Footage _0 Average 1-bedroom 44 526 $352,813 Q LL Average 2-bedroom 29 788 $528,549 U Average 3-bedroom 15 1062 $712,333 = Average 4-bedroom 3 1291 $865,934 2 Common area and other residential spaces, _ -- 20,380 $13,669,825 Y including parking � c m E s v c� r Page 16 of 23 a Packet Pg. 38 4.D.a a� Project:TWG—Pandion at Star Lake = .N Proposed Use of Funds and Total Residential Cost Per Unit = d Proposed use Amount Per Unit 0 Acquisition $6,207,361 0 Construction $87,306,025 -- Q Soft Costs $15,032,371 -- o Construction Financing $9,298,009 -- Other Development Costs $8,876,434 -- _ TOTAL $126,720,200 -- TOTAL NON-RESIDENTIAL $4,413,357 -- LL L TOTAL RESIDENTIAL(includes common areas) $122,306,843 $487,278 0 y w c m Residential Cost Per Square Foot E a� a� L Item Amount Q Residential square footage 278,255 0 Residential development cost $122,306,843 0 Cost per square foot $439.55 U d X Residential Cost Per Unit Based on Unit Size W c Unit Size Number of Units Unit Square Cost per Unit N •L Footage 0 Average Studio 92 415 $182,413 Q Average 1-bedroom 71 650 $285,707 Average 2-bedroom 36 926 $407,023 0 Average 3-bedroom 52 1,139 $500,647 0 Common area and other residential spaces, -- 107,767 $47,368,930 including parking r� ti N C Project: Multi-Service Center—White River Apartments Proposed Funding Sources bV Amounts and Status d Funding source Proposed Amount Status w SKHHP(2024) $975,939 Recommended 0 TOTAL M U O Proposed Use of Funds and Total Residential Cost Per Unit Q u_ Proposed use Amount Per Unit = Rehabilitation $747,939 _ Rehabilitation Contingency $150,000 2 Soft Costs $50,000 Y U) Other Development Costs $28,000 - TOTAL $975,939 $40,664 0 s U f� Page 17 of 23 a Packet Pg. 39 4.D.a a� Project: Habitat for Humanity Seattle-King& Kittitas Counties- Burien Miller Creek = .N Proposed Funding Sources by Amounts and Status = d Funding source Proposed Amount Status SKHHP(2022) $300,000 Committed SKHHP(2024) $550,000 Recommended 0 King County $3,547,282 Committed Q HTF $3,125,000 Committed a� CHIP $1,934,500 Committed = HUD $850,000 Committed HTF Unit Subsidy(2024) $1,000,000 Committed LL L Construction Financing $12,562,607 Committed ,o Habitat for Humanity $2,324,297 Committed w TOTAL $26,193,686 a� a� L Proposed Use of Funds and Total Residential Cost Per Unit Q O Proposed use Amount Per Unit c Acquisition $2,086,758 $52,169 O Construction $20,931,597 $523,290 Soft Costs $1,906,163 $47,654 x w Other Development Costs $1,269,168 $31,729 0) TOTAL $26,193,686 $654,842 = N O t w Residential Cost Per Square Foot 3 a Item Amount g Residential square footage 54,662 0 Residential development cost $26,193,686 Cost per square foot $479.19 N) ti N C O 7 O N d N C O U O Q LL U x a x x Y N c a� s U f� Page 18 of 23 a Packet Pg. 40 4.D.a ATTACHMENT 2: Summary Changes of SKHHP Awarded Projects that Reapplied Project: Mercy Housing Northwest-Burien Family Housing = d Project changes between the awarded project from the 2022 SKHHP funding round and the 2024 M application are as follows: c 2024 2022 Changes c Populations 34—families with children 35—families with • Fewer units for 01 c served exiting homelessness children exiting families with children 16—families with children homelessness • Added units for 18—households with a 54—families with households with a c physical disability children disability and general y 22—general population population Total units 91 89 • One unit added for an E m on-site manager • One additional Q affordable unit o AMI 0-60% 0-60% . No change o AMI/unit 0-30%-28 0-30%-35 • More 50% units and count 30-50%-48 30-50%-28 fewer 30% and 60% x 50-60%- 14 50-60%-26 units w as LIHTC 4%/9% 4% . Added 9% LIHTC N Cost $59.7m $47.4m • Higher budget o t Q c O r 0 w a� o: c� ti N ! a O O O N d N C M V O Q LL U 2 a x x Y c m E s v c� r Page 19 of 23 a Packet Pg. 41 4.D.a Project:TWG—Pandion at Star Lake = Project changes between the 2023 awarded project and the 2024 application are as follows: _ d 2024 2023 Changes M Number of 1 2 • Modified from 2 c buildings buildings to 1 a Populations 163 units-general Building 1: No seniors at 80-100% o served population 109 units-general population AMI 59 units-families 30 units-families with children . No families that are _ with children 25 units-families with children transitioning out of LL 29 units-families that require permanent homelessness o with children that supportive services and who are . No IDD units require permanent transitioning out of homelessness . Larger number of general supportive services or are at-risk of homelessness population units in lower E and are at-risk of 4 units- households with I/DD income building a, being homeless Building 2: . More units for families w 173 units—seniors earning 80- with children o 100%AMI o Total units 251 341 (168 and 173) • 90 fewer units AMI 0-80% 0-100% • No80-100%AMI units w AMI/unit 0-30%-29 0-30%-29 . Number of 0-30% units aM count 30-50%- 114 30-50%-97 unchanged N 50-60%-61 50-60%-42 . More 30-60% units o t 60-80%-47 80-100%- 173 . Added 80% units • Removed 80-100% units Q _ LIHTC 4% 4%/9% • Not applying for 9% 2 LIHTC c w a� c� ti N ! _ O O O N d N _ M V O Q LL U x a x x Y _ m E s v c� r Page 20 of 23 a Packet Pg. 42 4.D.a Project: Habitat for Humanity Seattle-King& Kittitas Counties-Burien Miller Creek Project changes between the awarded project from the 2022 SKHHP funding round and the 2024 = application are as follows: M 2024 2022 Changes c Number of 10 10 • No change a buildings o Populations Homebuyers with Homebuyers with • No change c served connection to the connection to the c community community Li Total units 40 Phase 1—20 units • Removed Phase 1 and o Phase 2—20 units 2 and are considering the project a single project. m AMI 20 units-average of 50% Phase 1 (20 units)—up to • Changed from 20 a, AMI 50%AMI units at 50%AMI to Q 20 units-80%AMI Phase 2 (20 units)—80% an average 50%AMI a AMI c Cost $26.2m $8.4m (First 20 units only) • Higher development m cost x w SKHHP Request: $1.3m for 20 $300k applied to 20 units up . Request to fund fewer funding units at average 50%AMI. to 50%AMI >$300k applied of the 20 total units. N request to 20 units at average 50% Total project units t Recommended: Partial AMI >$300,000 applied to 5 unchanged. award of$300,000 (GF) units at average 50%AMI for 5 units at average 50% O r AMI with resale up to 70% c AMI &$255,000 for 5 U) units at average 50%AMI with resale up to 60%AMI ti N ! C O O O N d N C M V O Q LL U x a x x Y c m E s v c� r Page 21 of 23 a Packet Pg. 43 4.D.a ATTACHMENT 3: Standard Conditions for Funding 1. Contractor shall provide SKHHP with development and operating budgets based upon = actual funding commitments for approval by SKHHP staff. Contractor must notify 2 SKHHP staff immediately if it is unable to adhere to these budgets and must submit new -aL budget(s)to SKHHP staff for approval. SKHHP staff shall not unreasonably withhold its approval of these budget(s), so long as they do not materially or adversely change the a Project. This shall be a continuing obligation of the Contractor, and shall survive the transfer or assignment of the Contract. Contractor's failure to adhere to budgets(either original or new/amended) may result in SKHHP's withdrawal of its funding commitment. LL Contractor must prepare and submit final budgets to SKHHP at the time it starts project c construction and at the project's completion. y c 2. Contractor shall submit to SKHHP evidence of funding commitments from all proposed E public and private funding sources. If Contractor cannot secure an identified m commitment within an application's time frame, Contractor shall immediately notify Q SKHHP staff and describe its anticipated actions and time frame for securing alternative 0 funding. 0 3. Contractor shall use SKHHP provided funds toward specific project costs as included in the Contract and consistent with RCW 82.14.540 and/or 82.14.530, as applicable. w Contractor may not use SKHHP funds for any other purpose unless SKHHP staff c authorizes such alternate use in writing. If budget line items with unexpended balances o exist after completion of the project, SKHHP and other public funders shall approve adjustments to the project capital sources (including potential reductions in public fund a loan balances). 0 r 4. Contractor shall evaluate and consider maximizing sustainability features for the Project 0 (such as an efficient building envelope and heat pumps) and shall propose a plan to maximize the Project's sustainability. ti N 5. Contractor shall use and document an open and competitive bidding process (consisting of at least three bids) for construction and related consultant services associated with c the project, regardless of the source of funds used to pay their costs. Contractor shall pay RCW 39.12 prevailing wages in all projects funded by SKHHP that include U) a� construction activities, unless federal funds awarded to the project mandate use of federal prevailing wage rates. 0 6. If Contractor uses federal funds toward the Project, it must meet applicable federal M guidelines, including but not limited to: contractor solicitation; bidding and selection; c wage rates; and federal laws and regulations. Q U- U 7. Contractor shall maintain documentation of any necessary land use approvals, permits, _ a and licenses required by the jurisdiction in which the project is located. _ Y 8. Contractor shall submit to SKHHP project monitoring reports quarterly through its completion of the project,and annually thereafter. Contractor shall submit a final E s c� r Page 22 of 23 a Packet Pg. 44 4.D.a budget to SKHHP upon project completion. If applicable, Contractor shall submit initial tenant information as required by SKHHP. 0 x 9. Contractor is required to provide SKHHP with quarterly status reports for projects funded through SKHHP's Housing Capital Fund during the project's development stage -aL (from the time funds are awarded until the project's completion and occupancy). These quarterly reports must include at a minimum the status of funds expended and progress a to date. SKHHP will rely on these quarterly reports to determine whether Contractor is making satisfactory progress on the project. c 10. SKHHP may inspect the project site during the project's construction. U- 0 11. After occupancy,the Contractor will submit annual reports to SKHHP summarizing the number of project beneficiaries, housing expenses for the target population, and the proportion of those beneficiaries that are low-and/or moderate-income and that meet other eligibility criteria established in the Contract. In addition,the Annual Report shall a, include certifications to SKHHP that it is in compliance with the Covenant,which shall w 0 include the most current occupancy information, rent schedule (showing which Units c are in each income class), a calculation justifying any increases in rents from the previous rent schedule, consistent with the Covenant and the Contract, and the actual rents being charged to each unit. SKHHP shall have the right to review rents for w compliance and approve or disapprove them every year. In the event the Contractor c submits annual certifications to satisfy the reporting requirements of multiple funders, o Contractor will designate and report all units at the income class required by the most t restrictive funder as well as the classification for purposes of the Covenant and this a Contract.The Contractor shall also include with such certification any changes in the o r management policies for the Property and such other information covering the prior M 0 calendar year as SKHHP may request by notice at least ninety (90) days in advance of the w a� due date, and with such accompanying documentation as SKHHP may request.The Annual Reports shall be submitted by June 30 of each year and will be required for the04 ti full duration of the Affordability Period. SKHHP will also periodically evaluate all projects !T_ for long term sustainability. c w 12. For rental projects, Contractor shall maintain the project in good and habitable 0 condition for the duration of its affordability term. 13. SKHHP shall reimburse the Contractor for satisfactory completion of the requirements specified in the Contract and upon Contractor's submission to SKHHP of invoices and 0 supporting documentation of eligible expenses. 0 14. SKHHP shall retain 5%of the funding award ("retention") and shall release the retention < LL only after construction is complete and all other obligations outlined in the contract v x have been satisfied. a x x 15. A covenant is recorded ensuring affordability for at least 50 years,with unit size, CO number of units, and affordability distribution established prior to executing Contract. c m E s c� r Page 23 of 23 a Packet Pg. 45 4.E PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 40 Julie Parascondola, CPRE, Director KENT 220 Fourth Avenue South "J 1,1 O N Kent, WA 98032 253-856-5100 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair 2025 - Authorize MOTION: I move to authorize the Mayor to sign the Agreement for park trail restoration services with EarthCorps, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Since 2021, the Parks Department has been working jointly with EarthCorps to make repairs and revitalize the trail system at Mill Creek Canyon Park. This contract will continue this effort and make further repairs and upgrades to the trail system. EarthCorps will be paid an amount up to $185,914.56 for this work. BUDGET IMPACT: Expense impact to the Mill Creek Canyon Trail Renovation Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Agreement with EarthCorps (PDF) Packet Pg. 46 4.E.a • KENT W Q S H 1 N G T O N AGREEMENT FOR PARK TRAIL RESTORATION SERVICES Q� N O between City of Kent and EarthCorps a THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation N (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing N business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 (hereinafter the "Contractor"). L a AGREEMENT The parties agree as follows: _ O I. DESCRIPTION OF WORK. _ ca U The Contractor shall perform the following services for the City in accordance with the following ie described plans and/or specifications: L U As described in the attached exhibit A, incorporated herein, contractor shall c complete trail reinforcements, the construction of new loop trails, and on going N maintenance of the main trail within Mill Creek Canyon Park. a L O U The Contractor further represents that the services furnished under this Agreement will be performed w in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. 3 .r This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows E the City to enter into contracts with community service organizations to provide maintenance improvements to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding a for public works, or statutory rates of compensation for environmental and trail maintenance work performed by conservation corps programs offered by nonprofit organizations affiliated with a national service ti organization established under the authority of the National and Community Service Trust Act of 1993, P.L. IN 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the w exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. a L O U II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date w of this Agreement, all physical work shall thereafter be completed by 12/31/2025. The term of this s Agreement shall continue until all work has been completed, final acceptance has occurred, and all 3 Contractor obligations have been fulfilled. _ m III. COMPENSATION. L A. The City shall pay the Contractor, based on time and materials, a total amount not to a exceed $185,914.56 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the E prior written authorization of the City in the form of a negotiated and executed amendment to this 0 Agreement. The Contractor agrees that the hourly or flat rate charged by it for its services contracted for w herein shall remain locked at the negotiated rate(s) for a period of one year from the effective date of this a Agreement. The Contractor's billing rates shall be as delineated in Exhibit A. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 47 4.E.a B. The Contractor shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. Q N C. Card Payment Program. The Contractor may elect to participate in automated credit o card payments provided for by the City and its financial institution. This Program is provided as an alternative S to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily a participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. c N L IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Q Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: — L A. The Contractor has the ability to control and direct the performance and details of its c work, the City being interested only in the results obtained under this Agreement. >°, c ca B. The Contractor maintains and pays for its own place of business from which the Y Contractor's services under this Agreement will be performed. L U C. The Contractor has an established and independent business that is eligible for a = business deduction for federal income tax purposes that existed before the City retained the Contractor's L services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved a under this Agreement. o U t D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state w Department of Revenue. 3 .r E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has aEi obtained a Unified Business Identifier (UBI) number from the State of Washington. L a� a F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. N v G. The Contractor maintains a set of books dedicated to the expenses and earnings of its a business. c U t V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon t providing the other party thirty (30) days written notice at its address set forth on the signature block of w this Agreement. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project, which may be used by the City without restriction. If the 3 City's use of the Contractor's records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. aEi d L VI. CHANGES. The City may issue a written change order for any change in the Contract work a during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice m provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor E 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 Contractor's costs or time for performance, the City a will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 48 4.E.a the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the N adjustment as provided in subsections A through E of Section VIII, Claims, below. o s The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate a acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for c contract time and for direct, indirect and consequential costs, including costs of delays related to any work, 4 either covered or affected by the change. Q a� VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure - in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or c delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent c to the other that at the time of signing this Agreement, they are able to perform as required and their v performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing Y 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 v the current pandemic. _ If any future performance is prevented or delayed by a force majeure event, the party whose ,o performance is prevented or delayed shall promptly notify the other party of the existence and nature of a the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be o effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. w s Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City 3 shall not be liable for, the payment of any part of the contract price during a force majeure event, or any m costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force L Majeure provision. a If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the cL extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its v obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. w s VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another 3 written order, or an oral order from the City, including any direction, instruction, interpretation, or = determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events N giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, a additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in E strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, a items 1 through 5 below. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 49 4.E.a FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following N information: o s 1. The date of the Contractor's claim; a 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; c 4. The estimated dollar cost, if any, of the claimed work and how that estimate was L determined; and Q 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. — L B. Records. The Contractor shall keep complete records of extra costs and time incurred as a c result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's >>, records needed for evaluating the protest. v The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. v No adjustment will be made for an invalid protest. _ L C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall -° proceed promptly to provide the goods, materials and services required by the City under this Agreement. a L 0 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the s Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). w s E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this 3 .r section, the Contractor completely waives any claims for protested work and accepts from the City any ED written or oral order (including directions, instructions, interpretations, and determination). aEi m L IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT Q ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE Iq THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE N FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a ac one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt w or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The 3 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as E determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred L by the City in order to accomplish the correction. a' Q XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the E Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any a person who is qualified and available to perform the work to which the employment relates. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 50 4.E.a The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or N suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's o performance of this Agreement, except for that portion of the injuries and damages caused by the City's S negligence. a The City's inspection or acceptance of any of the Contractor's work when completed shall not be c grounds to avoid any of these covenants of indemnification. L a Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property - caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the c Contractor's negligence. ca IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Y PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. _ L The provisions of this section shall survive the expiration or termination of this Agreement. a XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, o insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. s c� XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary s precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall 3 .r be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E d m L XV. MISCELLANEOUS PROVISIONS. Q A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ti N contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. a L 0 B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the t covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those w covenants, agreements or options, and the same shall be and remain in full force and effect. 3 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 E dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means L of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the m parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred E in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's a right to indemnification under Section XII of this Agreement. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 51 4.E.a D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. a� N E. Assignment. Any assignment of this Agreement by either party without the written consent o of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the S terms of this Agreement shall continue in full force and effect and no further assignment shall be made a without additional written consent. N O F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement L shall be binding unless in writing and signed by a duly authorized representative of the City and the Q Contractor. 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 c of the City, and such statements shall not be effective or be construed as entering into or forming a part of c or altering in any manner this Agreement. All of the above documents are hereby made a part of this ca Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any Y language contained in this Agreement, the terms of this Agreement shall prevail. L U H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal = laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's L business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. a L 0 I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may w 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 Contractor agrees to cooperate fully with the City in satisfying the City's duties 3 .r and obligations under the Public Records Act. E a) J. City Business License Required. Prior to commencing the tasks described in Section I, the L Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. ti N K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one 0 CL Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the c 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. w 3 E 0 d L Q rt+ E V w+ Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 52 4.E.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: d N O By: By: Q Print Name: Print Name: Dana Ralph LO N O Its Its Mayor L Q. DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: °>. co Attn: Whitney Bowman Attn: Bryan Higgins Y EarthCorps City of Kent Parks, Recreation, 6310 NE 74t" Street, Suite 201E and Community Services Department t� Seattle, WA 98115 220 Fourth Avenue South = Kent, WA 98032 (206) 322-9296 (telephone) ° whitney@earthcorps.org (email) (253) 856-5113 (telephone) Q bhiggins@kentwa.gov (email) 0 s r ATTEST: APPROVED AS TO FORM: w s r 3 Kent City Clerk Kent Law Department d a� L Q N N Q L. 0 U t CU W s 3 c as E a� d L Q _ d E t V cc Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 53 4.E.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY Q N The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who a perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. o N L The City of Kent and its contractors are subject to and will comply with the following: a a� • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); _ 0 • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); L tU • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement = of Title VI of the Civil Rights Act of 1964). 0 • Ch. 49.60 RCW (Washington Law Against Discrimination) 0 v t The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and w Regulations". 3 .r The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of E all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined a below, it will be considered a breach of contract and it will be at the City's sole determination ti regarding suspension or termination for all or part of the Agreement. The statements are as follows: ? 0 U 1. I have read the attached City of Kent administrative policy number 1.2. w 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3 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 opportunity employer. a a) 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and E promotion of women and minorities. w a 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 54 4.E.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and Q generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they L may be amended from time to time, which are herein incorporated by reference and made a part of this contract. a B. Non-discrimination: The contractor, with regard to the work performed by it o during the contract, will not discriminate on the grounds of race, color, or national L origin in the selection and retention of subcontractors, including procurements of a materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 0, c �a 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 L) procurements of materials, or leases of equipment, each potential subcontractor or = supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the 4- grounds of race, color, or national origin. a 0 V D. Information and Reports: The contractor will provide all information and reports "t- required by the Acts and Regulations and directives issued pursuant thereto and will w permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the 3 Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information E required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the a Washington State Department of Transportation, as appropriate, and will set forth ti what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with c the non-discrimination provisions of this contract, the City will impose such contract U0 sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: w s a. withholding payments to the contractor under the contract until the 3 contractor complies; and/or a b. cancelling, terminating, or suspending a contract, in whole or in part. a� L F. Incorporation of Provisions: The contractor will include the provisions of a paragraphs (A) through (F) above in every subcontract, including procurements of a materials and leases of equipment, unless exempt by the Acts and Regulations and E 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 a Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 55 4.E.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and L authorities; including but not limited to: a Pertinent Non-Discrimination Authorities: N 0 N L 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 Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination 0 on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, c 4- (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as w amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age L Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by a expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination c on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities w (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 3 ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority a Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with E disproportionately high and adverse human health or environmental effects on minority and low-income populations; a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 56 4.E.a includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et N L seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) Q 7. The submission of the final invoice for this contract will constitute a reaffirmation that the N 0 preceding statements were complied with during the course of the contract's performance. L By signing below, I agree to fulfill the five requirements referenced above. L By. o _ For: EarthCorps U Y d Title: U Date: L 0 N Q L 0 U t r L W t 3 d E d a� L Q N N Q L. 0 U t CU W s 3 c as E a� d L Q _ d E t V cc Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 57 4.E.a CITY OF KENT ADMINISTRATIVE POLICY Q NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 L 0 s a N SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 L a APPROVED BY Dana Ralph, Mayor W L POLICY: c 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 Y suppliers of the City must guarantee equal employment opportunity within their organization and, 4) if holding Agreements with the City amounting to $10,000 or more within any given year, must L") take the following affirmative steps: L 0 1. Provide a written statement to all new employees and subcontractors indicating N commitment as an equal opportunity employer. o 2. Actively consider for promotion and advancement available minorities and women. w Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination 3 Policy Declaration, prior to commencing performance. 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 a and subject to suspension or termination for all or part of the Agreement. ti N Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following c duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these w regulations are familiar with the regulations and the City's equal employment opportunity 3 policy. _ a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. L Q rt+ E V w Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 58 4.E.a d N LOCAL • • L O t EARTH CORPS � Q N GLOBAL • N L Q. NN� L Scope of Work: Mill Creek Canyon Washout Repair ca Y d d L U L 0 N Q L 0 U t r L w t Prepared for: 3 Bryan Higgins Parks Planning and Development 220 Fourth Ave South a, Kent, WA 98032 a Tel: 253-856-5113 ti N Email: BHiggins@kentwa.gov : Q. L. 0 U January 31st 2025 CU w EarthCorps 6310 NE 74th St, Suite 201E 3 c Seattle, WA 98115 www.earthcorps.org L Im Q EarthCorps © 2024 E s cc All rights reserved a Packet Pg. 59 4.E.a Scope of work:Mill Creek Canyon Trail Repair NARRATIVE SCOPE OF WORK N .I- 0 s Since 2020, EarthCorps and the City of Kent have collaborated to revitalize the Mill a Creek Canyon Trail within Mill Creek Earth Works Park. This year's scope of work will center on essential trail reinforcements, the construction of new loop trails, and N ongoing maintenance of the main trail. Following five years of dedicated cleanup, CL restoration, and trail repair efforts by the City of Kent, EarthCorps, and other project partners, we believe the revitalization project is now at a point where community — engagement through volunteer work parties is both feasible and valuable. c O It is crucial that we safely reintroduce the community to the canyon environment, fostering a deeper connection with this important natural resource. By inviting v community members to actively participate in the repair and upkeep of the Mill Creek Canyon Trail system, we not only empower individuals to take ownership of this shared c� space but also cultivate a sense of pride and stewardship. Engaging local residents in this effort will help ensure the long-term sustainability and vitality of the trail system, c strengthening the importance of collective responsibility in preserving our natural a surroundings. o c.� s Tasks w The following tasks were outlined during the December 2024 walk through and is subject to change as needed based on new priorities and findings during work 3 w implementation. Please refer to the EarthCorps Mill Creek Canyon working map linked below or to Appendix 1 for .pdf maps of work areas. L Mill Creek Canyon Working Map a ti N Task 1: Trail Maintenance • Brushing and tread work a o Brush and redefine main trail o U • Eco-block removal t • Drainage maintenance and repair w o Focus on areas of resource damage in lower canyon s ■ Installation of out slope logs or other structures to raise the tread 3 o Short reroutes = ■ Specifically target what areas with resource damage, and the "washing machine site" d Task 2: Trail Construction a • Define upper canyon loop trails along 97th place • Critical edge reinforcement o The mid-canyon area is in need of critical edge reinforcement to both control erosion and drainage • Fix dirt steps a Packet Pg. 60 4.E.a Scope of work:Mill Creek Canyon Trail Repair Task 3: Community Volunteer Work Party • Host 1 community volunteer work party event o Working with EarthCorps volunteer specialists,we would host one volunteer d event that would include hospitality services, and any tools needed for O s volunteers o Activities will likely include brushing and tread work—we would work with our a crew services department to identify appropriate volunteer areas and activities. N 0 N L Q NN4) L7� EarthCorps will provide the following: c O • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/objectives are met. v • Basic hand tools along with access to power tools (mechanical wheel barrows, saws etc.) • Personal Protective Equipment and procedures for the use of tools • Safety signage and personnel when actively working on the trail. L • Training and education in trail construction and design, leadership and 4° community communication. a • Workers' compensation, health insurance, and related taxes. v • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. w Agency will provide the following: 3 w c • Access to the site • Any necessary permits to perform work a, a ti N N Q L O SCHEDULE w Task Month Notes Task 1: Trail July & August 3 Maintenance Exact dates will be provided once finalized. 33 Crew days Task 2: Trail July &August 7 Contingency Crew days a Construction 40 crew days total Task 3: Volunteer August Exact date TBD work Party w a Packet Pg. 61 4.E.a Scope of work:Mill Creek Canyon Trail Repair Q BUDGET: L 0 s Crew Labor $ 914W.00 Q Project Management : 28,900.00 Field Specialist 32,3W.00 N Materials $ 14915.00 N L Subtotal $ 167 215.00 Q Materials&Handling Fee(io-/�of Total Materials, $ 1,49150 4) TOTAL FEE $ 168,706.50 Sales Tax: 10.2=/: Location Code: 1715 $ 17,208.06 L F_ TOTAL PAYABLE S M.914.56 C A C ca Fee Schedule: a� L tU Crew day including crew leader- $2,190.00/day = L An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation v, time to and from the worksite and tools needed to complete project tasks. In addition, o crews are trained in trail construction and maintenance, erosion control and prevention, v s ecological restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite w communication liaison and is trained in specialized equipment and vehicle use, such as 3 three-ton dump trucks. E a� a� L Q Project Manager-$150/hr N An EarthCorps Project manager collaborate with agency partners to design ecological 0 CL restoration and trail construction projects. They coordinate communication and logistics to 0 ensure crews are equipped with the knowledge and skills to perform the requested tasks. In addition, they provide updates and project status reports. Lastly, they adaptively manage w projects to ensure the project's goals and objectives meet the agency partner's satisfaction. 3 Project Coordinator-$85/hr E An EarthCorps project coordinator will assist in all coordinating of materials and project set a, up/clean up as well as provide infield services such as working alongside the crew and providing Q more guidance and leadership. E Volunteer Services - 25 people $3,500.00/event a w Q Packet Pg. 62 4.E.a Scope of work:Mill Creek Canyon Trail Repair Volunteer event services include, event coordination, project management (including project design), volunteer recruitment, event management, event prep and cleanup tools, volunteer PPE and material acquisition and transportation. Larger (greater than 50 N volunteers) events may also include a provided lunch. 0 Volunteer events up to: Ln a 0 3-ton truck and 4 x 4 pickup truck fee- $115/day— billed upon use as needed L a Material cost, disposal fees and equipment rentals—billed upon receipt L Fee schedule for the volunteer event ~ c 0 c ca EARTHCORPS BACKGROUND a� L tU EarthCorps is a non-profit organization founded in 1993 with a mission to build a global = community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn ° best practices in ecological restoration, trail construction and maintenance and develop a their leadership skills through hands on experiences. Global Leadership w 3 Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and E Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn L multiple restoration and trail construction techniques, try out project design and a management, develop leadership and team-building skills, and help manage thousands of local volunteers on projects. EARTHCORPS PROJECT LEAD: c U t Whitney Bowman, Field Operations Manager Tel: (206) 322-9296 ext. 221 w s Cell: (206) 701-6195 ; Email: whitnev@earthcorps.org _ a� E EarthCorps Project Managers: Sean Day a Cell: 523-3248139 Email: Sean@earthcorps.org E w a Packet Pg. 63 4.E.a MCC Mid Canyon work \vmw- Q s }IO .,, W O ®® M 04 TL U W wash out ste I � C 2/2/2025 1:3,352 0 0.02 0.04 0.07 mi t Washout v MCC Streams 2023 Switchbacks 0 0.03 0.06 0.12 km Q index contours-100 foot County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Main Trail Garmin,INCREMENT P,USGS,EPA,USDA,King County contours-5 foot(below 1000 feet)and 10 foot Packet Pg. 64 MCC Loop Trail o� a A 1� d MdDo pat N W 00 t i Ln C N N CL cc \, u c — 0 a � Q �� a U J `yd ID IC �\ LLI t (D 01 _\ E CD L 357 R 0 356R c I '% F� 1 l` ott Dts: For less LV c ,�• S 267nd PI � �\ c 2/2/2025 1:4,775 0 0.03 0.06 0.11 m v Upper Canyon Trail repairs 0 0.04 0.09 0.17 km r Q MCC Main Trail Other County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin,INCREMENT R USGS,EPA,USDA,King County index contours- 100 foot contours - 5 foot (below 1000 feet) and 10 foot Packet Pg. 65 4.E.a Exhibit B Insurance Requirements N i Insurance a Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which N may arise from or in connection with the performance of the work hereunder CL by the Contractor, their agents, representatives, employees, or subcontractors. L A. Minimum Scope of Insurance c Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, c products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial o General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be w named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 3 w City using ISO additional insured endorsement CG 20 10 11 85 or 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 a be twice the required occurrence limit. N Contractor may use Umbrella or Excess Policies to provide the liability a limits as required in this Agreement. This form of insurance will be 0 acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or w Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the 3 underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property a damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability w a Packet Pg. 66 4.E.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. N •L Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the a State of Washington. N O N B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: L Commercial General Liability insurance shall be written with limits no 0 less than $2,000,000 per occurrence, $2,000,000 general aggregate, ca and $2,000,000 products-completed operations aggregate limit. U Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation o N Automobile Liability insurance with a minimum combined single limit o for bodily injury and property damage of $1,000,000 per occurrence. r L W If the Contractor maintains broader coverage and/or higher limits than the r minimums shown above, the City requires and shall be entitled to the 3 broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. a C. Other Insurance Provisions Q. The insurance policies are to contain, or be endorsed to contain, the 0 following provisions: W 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or 3 insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. a 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the a Packet Pg. 67 4.E.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 L cancellation endorsement, the Contractor must notify the City of any cancellation, non-renewal or termination within two (2) a business days of their receipt of such notice. N O N 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the 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 c 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 brought, except with respect to the limits of the insurer's liability. c D. Acceptability of Insurers o Insurance is to be placed with insurers with a current A.M. Best rating of not w less than A:VII. 3 .r E. Verification of Coverage E Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the a additional insured endorsement, evidencing the insurance requirements of N the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor a fails to provide the City with a copy of the endorsement naming the City as a 0 Primary Non-Contributory Additional Insured. w F. Subcontractors 3 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 a requirements as stated herein for the Contractor. a E w a Packet Pg. 68 4.E.a d N •L O t 7 Q LO N O N L m 0. NN� L L _ 0 ca U Y d a) L U L 0 N Q L 0 U t r L W t �3 d E a) a� L Q N Q L. 0 U t cu W s �3 c as E a> d L Q d E t V cc Q Packet Pg. 69 4.F PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H I N G T O N 253-856-5600 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: 2025 King County Flood Control District Sub- Regional Opportunity Fund SUMMARY: The King County Flood Control District (District) collects an annual levy from properties within King County. The District established its Sub-Regional Opportunity Fund (SROF) to return approximately ten percent of the levy collected within each jurisdiction for construction of stormwater or habitat projects that reduce flood risks within the jurisdiction. The District's annual reimbursement to Kent in 2025 was $229,027, which the City used for designs of the Mill Creek Floodplain Reconnection project ($129,027) and construction of the James Street Storm Drainage project ($100,000). This was presented to the Committee of the Whole on October 15, 2024. Recently, the District increased its property tax levy, which then increased the City's SROF allocation to $327,585. Staff recommends using the additional $98,558 for design of the Earthworks Sediment Pond Culvert Replacement project. The Earthworks Park Sediment Pond Culverts Replacement project includes installation of a wider and longer culvert for increased conveyance capacity and improved fish passage within Mill Creek. The existing culvert is nearing the end of its useful life and needs replacement. All of the proposed project expenses meet the District's requirements for stormwater or habitat projects that reduce flood risks. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 70 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H I N G T O N 253-856-5600 DATE: March 4, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: 2026-2031 Transportation Improvement Program SUMMARY: The Kent Transportation Improvement Program (TIP) represents the City's proposed transportation improvement work program for the next six years. It is updated annually as required by state law. The six-year plan includes capital projects and programs for inclusion in the Regional and Statewide Transportation Improvement Programs. The TIP is required to be consistent with the Kent Comprehensive Plan, with projects nominated from the Transportation Master Plan or included by other agencies. Including projects in the TIP allows the City to coordinate with other agencies, seek input from the public, search for funding partners, and apply for grants. Most state and federal agencies require that projects being submitted for grants be included in the City's adopted TIP. Staff will give an overview of the TIP and its latest update. Included below is a link to the TIP StoryMap outreach tool. The TIP Storymap: <https://storymaps.arcgis.com/stories/38f7ff964eeb48b l9288e2l74af24014> State law requires that the City hold a public hearing prior to adopting the TIP. This public hearing is scheduled for May 20th at the regularly scheduled City Council meeting. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 71