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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/20/2018adccW20686_9_18 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Brenda Fincher Dennis Higgins Satwinder Kaur Marli Larimer Les Thomas Toni Troutner November 20, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS November 20, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Les Thomas Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Lower Russell Road Levee Tim LaPorte 60 min Van Doren’s Park Brian Levenhagen Naden Avenue Property Matt Gilbert 30 min Bill Ellis COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. City Employee’s 2018 Fall Giving Campaign - Award of Donation to Kent Youth and Family Services – Homelessness Prevention Program ii. Certificate of Recognition to Mel Roberts iii. Proclamation for Small Business Day iv. Appointments to Bicycle Advisory Board v. Appointments to Cultural Communities Board B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Minutes of November 6, 2018 Council Meeting – Approve B. Payment of Bills – Approve C. Excused Absence for Councilmember Thomas - Approve D. 2019 State Legislative Agenda – Approve E. Lease Agreement with T-Mobile for Cell Tower at Riverbend – Authorize F. 2014 Fee-in-Lieu Reallocation from Springwood to Meridian Glen – Authorize G. 2018 Third Quarter Fee-in-Lieu – Authorize H. Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey – Authorize I. Goods and Services Agreement with Univar USA, Inc. for Water Treatment Chemical Supplies for 2019 - Authorize J. GIS Enterprise Licensing Agreement with ESRI – Authorize K. Ordinance Amending Cross Connection Code– Adopt L. Appointment to Bicycle Advisory Board – Confirm M. Appointments to Cultural Communities Board - Confirm N. Ordinance Granting Water System Franchise to Highline Water District - Introduce O. Ordinance Granting Sewer Franchise to Midway Sewer District - Introduce P. Interagency Agreement with WTSC to Fund DUI Court – Authorize Q. Ordinance Amending the Comprehensive Plan Capital Facilities Element to Adopt School District Capital Facilities Plans – Adopt R. Ordinance Amending School Impact Fees – Adopt S. Ordinance Updating the Puget Sound Regional Fire Authority Capital Improvement Plan and Fire Impact Fees – Adopt T. Ordinance Adopting 2019-2024 Capital Improvement Plan – Adopt U. Ordinance Amending KCC 3.18.020 – Internal Utility Tax – Adopt 9. OTHER BUSINESS A. 2018 Property Tax Levy Ordinance for the 2019 Budget – Adopt B. Ordinance Amending KCC 3.28.020 – B&O Tax Rate Change – Adopt C. Ordinance Adopting the 2019-2020 Biennial Budget – Adopt 10. BIDS A. South 228th Street Union Pacific Railroad Ground Improvements and Embankments – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available in the City Clerk's Office. The agenda summary page and complete packet are available at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253- 856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 7-1-1. WORKSHOP A) Lower Russell Road Levee and Van Doren’s Park - Tim LaPorte/Brian Levenhagen B) Naden Avenue Property - Matt Gilbert/Bill Ellis This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. City Employee’s 2018 Fall Giving Campaign - Award of Donation to Kent Youth and Family Services – Homelessness Prevention Program ii. Certificate of Recognition to Mel Roberts iii. Proclamation for Small Business Day iv. Appointments to Bicycle Advisory Board v. Appointments to Cultural Communities Board B) Community Events C) Public Safety Report This page intentionally left blank. CERTI rr cAlE O I RECO ç NrrT O ^{ Presented to the -fufiefuín ßoñerts T It is any honor to recognize Melvin Roberts for his 78 years of service on the Kent Bicycle Advisory Board. Mel has been instrumental in keeping the Kent Bicycle Advisory Board engaged in the Kent communlty and offering recommendations and solutions to the many issues bicyclists face. Mel served as chair the board for many years and worked tirelessly to ensure the board represents all bicyclists in the region. Thank you, Mel, for your perseverance and dedication to all cyclists -and for helping make pedaling around our community safer and more enjoyable. Given this 20th day of November, 2078. Dana Ra KENT l¡VASxt¡oroñ Mayor This page intentionally left blank. Whereas, Whereas, Whereas, PROCLAMATTOAI Small business owners embody the spirit of entrepreneurship and strong work ethic that lie at the heaft of the American dream. They are the backbone of our Nation's economy, they employ tens of millions of workers and in the past, they have created the majority of new private sector jobs. During Small Business Day, we reaffirm our support for America's small businesses and celebrate the proud tradition of private enterprise they represent; and Small businesses are the engine of our prosperity and a reflection of our character. A healthy small business sector will give us vibrant communities, cutting edge technology and an American economy that can compete and win in the 2lst Century; and On this day we celebrate the role of these entrepreneurs and small businesses in the City of Kent; and NOW, THEREFORE, l, Dana Ralph, Mayor of the City of Kent, do hereby proclaim November 24,20t8, as "SMALL BUSTNESS DAY '' In the city of Kent, Washington, and I encourage all citizens of Kent to recognize the tremendous contributions small businesses make to our City. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 20th day of November 2018. Mayor Dana lph KENT WASHTNGToN This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Fincher: Councilmember Higgins: Councilmember Kaur: Councilmember Larimer: Councilmember Thomas: Councilmember Troutner: This page intentionally left blank. Page 1 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 11/20/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, November 20, 2018 The Chief Administrative Officer’s report is intended to provide the Council, staff and community with department highlights. ADMINISTRATION • The City Council has canceled its January 2 meeting. (City ordinance automatically moves council meetings that fall on holidays to the next business day, which is why the cancelation is for January 2 and not January 1.) The first council meeting of the year will be Jan. 15. Communications • Last week, we hosted Vision Café, the official launch of our updated Mission, Vision, Values and Goals. The event was well received by staff, and we are excited to continue the roll out to individual departments. On Nov. 15 we met with Public Works Ops staff to share the information. We are also finalizing the City’s 2019 legislative priorities which will be presented to the Ops Committee and Kent City Council on November 20. • Community Engagement Coordinator Uriel will be making a presentation about the history and structure of the City’s Cultural Communities Board to the Governing for Regional Equity and Inclusion group on November 16 in Tukwila. Uriel has partnered with a local non-profit by the name of UTOPIA to host a community meeting for the local Pacific Islander community. The event will be held at City Hall in City Council chambers on November 15 from 6:30 p.m. to 9:00 p.m. Mayor Ralph and Uriel have met with four community members who applied to be a part of the Cultural Communities Board. There may be five potential candidates who may be joining the board. • Vendors have been identified and new parking permits for the North Park Residential Parking Zone are being printed. The current permits expire Dec. 31. Staff is working on collecting addresses, updating brochure, hangtags and reflective permits. The new retirement community LARK that is in the zone doesn’t feel a need for permits at this time. Permits will be mailed by the middle of Dec. City Clerk’s office • Over the last four weeks the office has processed over 250 public records requests with an average response time of 3.5 days. • User acceptance testing for the initial deployment of Laserfiche for the Clerk’s office will begin in early to mid-December with conversion following shortly thereafter. Page 2 of 9 City Clerk’s office – cont’d • The Clerk’s Office held a meeting with all Council Committee Secretaries regarding the final phase of IQM2 electronic agenda management deployment. Beginning January 2019, Council and all Council Committees agendas and minutes will be generated and distributed electronically. ECONOMIC AND COMMUNITY DEVELOPMENT Planning/Code Enforcement • Code Enforcement, Public Works and Corrections collaborated recently to clean up a large pile of trash dumped at the corner of Railroad Avenue S and Morton Street. All coordination and cleanup happened in record time: 3 days! Thank you to all involved for the quick response. Enjoy these before and after photos: Economic Development • Staff met with Mayor Ralph and Blue Origin leadership to talk about their long-term plans in Kent. • Staff and curriculum leadership at Renton Technical College met to discuss a two-year plan for the Advanced Manufacturing Prep center run by the Aerospace Joint Apprenticeship Committee, based on anticipated manufacturing employment expansion. • Bill advised a Seattle based manufacturing company looking to expand southward on potential locations in Kent. • Bill and Michelle met with a family-run ecommerce, food manufacturing company looking for brick and mortar in Kent. Until that opens, you can order (delicious!) pound cakes from them by calling 206.972.2037 (flavors include lemon, original, blueberry, and sweet potato). • Aerospace Futures Alliance is working with our team to plan a job fair at the accesso ShoWare Center on Jan. 7. • The Tops Foods ownership group has decided the time has arrived to work with the City on repositioning the property. BEFORE AFTER Page 3 of 9 Economic Development – Cont’d • Mayor Ralph and staff met with Kmart plaza ownership to talk about their thoughts on future uses for the site. • ED and LRP met with counterparts from other cities located in the Kent Industrial Valley to talk about how to cooperate on holistic planning. Kent staff have dubbed the effort “Rally the Valley.” Building Services/Permit Center • Through mid-Nov., Building Services has conducted 445 inspections with 286 passing. The Permit Center issued 176 permits with a valuation of $4.3 million and took in 179 permit applications with a value of almost 6.5 million. EMERGENCY MANAGEMENT • Completed the Fall session of CERT (Community Emergency Response Team). Approx. 50 people graduated from the afternoon and evening class on Nov. 3. • The Great Shakeout was on Oct. 18 at 10:18 a.m. The City participated in the Great Shakeout. After evacuation and back into the building all DOC’s (Department Operating Centers) completed their RCA’s (Resource Capability Assessment) and sent them via fax or email to the ECC. Emergency Management received 100% of the RCA’s from the DOC’s. An after-action report will be reviewed at the next Emergency Planning Committee meeting. • Emergency Management hosted a WebEOC training put on by King County Emergency Management. WebEOC is on online tool that the County has purchased for all local Cities Emergency Management/ECC’s to use free of charge. WebEOC is a system that gives situational awareness by allowing us to enter event reporting, resource and task management and much more. • ECC Setup – Emergency Management will hold its annual evening ECC Setup, which is good for individuals who cannot attend during normal business hours. Setup is Nov. 14 from 6:30-9:30 p.m. at the Kent ECC which is located at Fire Station 74 - Police/Fire Training Building. • Training for EM Staff - Program Manager Joe Root has successfully completed his FEMA Basic Academy. This training is split into several classes over a few months and the total course is 152 hours. Congratulations to Joe for his commitment to Emergency Management. Program Coordinator Kimberly Behymer has started her FEMA Advanced Academy. This training is split into (4) 1-week trainings over a few months and total course is 320 hours. This is a huge commitment and dedication to their field in emergency management. HUMAN RESOURCES Benefits • Open Enrollment for 2019 benefits has begun and will run from Nov. 9 – 27. • In LEOFF 1 Board Elections, Bill Johnson has been reelected for a 2-year term. • Finalist interviews have been completed as part of the Wellness Vendor Request For Proposal. The next step will be a meeting of the Wellness Task force to share feedback. • Continuing Case Management on FMLA and ADA cases. Labor, Class & Compensation • Continuing collective bargaining negotiations with KPOA (Officers/Sergeants as well as Commanders/ACs. • New policies from Finance are under review. • Research on Reclassifications continues. Page 4 of 9 Labor, Class & Compensation – cont’d • A discussion with KPOA on Body-Worn Cameras was held on Nov. 15. Recruitment • Testing was conducted on Nov. 9 for Entry Level Police Officer, Entry Level Corrections Officer, as well as Lateral testing for both Corrections and PD as well. Eligibility lists were established on Nov. 14. • The data entry assessments for Police Records Specialist candidates are scheduled for Nov. 19. • Combination Building Inspector interviews were held on Nov. 13. • Laine Farr was promoted to Code Enforcement Officer, effective Nov. 16. • New hires, effective Nov. 16 are: Kelly Finn (Paralegal & Policy Analyst- Legal), Jose Munoz (Signal Technician- Public Works), and Jacob Wargo (Maintenance Worker I in Storm Drainage- Public Works) • The interview process for the Rental Housing Inspection Program Coordinator position in the Economic and Community Development department has concluded, and upon completion of reference checks, we expect to make an offer and have the person start on Dec. 3. Risk Management • On Nov. 9, the jury in Van Horn case returned a unanimous defense verdict in favor of the City of Kent. INFORMATION TECHNOLOGY • Recreation System Replacement - Identify, procure, and implement a recreation management system for Parks’ Recreation staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and leagues in support of its operations. • Resident Request System Mobile Application – Replace existing web requests functionality (provided by the WebQA) and extend to address Mobile App. • Service Desk Replacement – This project will implement an ITSM/Information Technology Service Manager, Service Desk tool, to promote greater IT operational efficiencies and deliver faster high-quality Service Desk responses. • Information Technology operational support for Oct. 30 to Nov.13 o Number of tickets opened – 365; number of tickets closed - 401 LAW • Staff worked in conjunction with police on the shutdown of 18 illicit massage parlors located throughout the City, to include filing 60+ criminal charges, drafting and reviewing warrants, issuing business license revocation notices, and sending notification letters to landlords and the Department of Health. • Staff negotiated and obtained a guilty plea from the owner of problem property on the west hill for building code violation. Conditions of the owner’s sentence include obtaining a permit by January 2019 for the remodel work being done to his property, passing all inspections, removing and maintaining his property free of debris and junk vehicles, and keeping the building secure from trespassers. This is one part of a multi- part effort the City is undertaking to bring the property into compliance. • Staff continue to assist the Clerk’s office with public records requests, HR with a number of complicated and sensitive employment issues, and Public Works, ECD, and Parks with a number of high priority development projects, including various Sound Transit matters. Page 5 of 9 LAW – cont’d • Staff continued to assist Public Works and Parks with their cooperative project with the King County Flood Control Zone District on issues concerning the Lower Russell Road levee project and a variety of real property, contracting, and restrictive covenant issues. MUNICIPAL COURT Here are stats for the month of October showing the number of clients that entered the building, number of arrests made at the court, and the number of weapons taken. Number of Clients that entered - 6267 Number of arrests - 62 Case reports taken – 2 (weapons and drugs) PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • “Fall Colors” is the current Kent Creates exhibit and is open through Nov. 30. People are encouraged to be inspired by all things autumn and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. As an open, online platform for sharing arts, culture, and creative pursuits, Kent Creates builds community and influences inclusion. • Centennial Center Gallery currently features artwork by Justin Gibbens and Graham Schodda. Their work is on display through Dec. 28. The Centennial Center Gallery is a physical space for artists to showcase their work to the community. • Several public art projects are currently underway: The eight artists participating in the 2018 Traffic Signal Controller Box project presented their designs to the Arts Commission for final approval on Nov. 13. The contract with Clark Wiegman for parcourse artwork at Morrill Meadows Parks has been fully executed. Staff had a kick-off meeting with the artist to present his conceptual design and gain feedback from Commissioners. • Next up in the Spotlight Series line-up is “An Evening with Molly Ringwald” on Friday, Nov. 30, followed by the annual Magical Strings Celtic Yuletide Concert on Sunday, Dec. 2. Tickets and information at kentarts.com. Spotlight Series builds inclusion (affordable ticket prices), influences placemaking (top quality performances in Kent), and drives economic development (47% of attendees come from outside Kent, more than half spend money dining out in Kent). Human Services • Staff continues to participate on a core workgroup focused on increased collaboration of homelessness services and set a path for governance reforms to better coordinate investments. Measurable progress work is being guided by a team of consultants who are using data and extensive community-based research to engage people experiencing homelessness, service providers, administrators and funders. Consultant teams are collaborating closely with one another to deliver recommendations in Dec. for this first phase of work. Page 6 of 9 PARKS, RECREATION, AND COMMUNITY SERVICES – cont’d Youth-Teen-Adaptive • Staff is working with several community partners to host the 5th Annual Community Thanksgiving Dinner at the Kent Parks and Recreation Teen Center (inside Kent Phoenix Academy 11000 SE 264th St. Kent, WA 98030) from 6:30-8:30 pm Friday, Nov. 16. Traditional dishes along with a variety of international food from throughout Kent’s diverse community will be served. All ages are welcome. The event is free. The Holmes Foundation is providing 75 Turkey Dinners with all the trimmings which will be raffled off throughout the evening. Additionally, the Great Poundcakery is providing over 300 cakes for the event. • Health and Recreation Outreach (HERO) attended Family and Health Night at Panther Lake Elementary. The night was filled with multiple agencies encouraging fitness and health for families in Kent. The Parks Department provided fitness and nutrition activities and shared information regarding upcoming programs and events. • “After School Energy” is an elementary program currently serving over 160 children on a weekly basis at nine schools in the Kent and Federal Way School districts. The primary focus of the program is on high-energy fitness, nutrition, and STEM activities. The program recently welcomed a new part-time staff member which will allow for additional participants at four sites. • The Kent Parks Strikers, the Adaptive Recreation bowling team with 47 athletes, competed in the Special Olympics Regional Tournament, Nov. 4 at Secoma Lanes. Kent’s athletes had a great tournament proudly earning 18 gold medals, five silver medals, nine bronze medals, and four honorable mention ribbons. The program emphasizes skills, sportsmanship, teamwork and community engagement for persons with developmental disabilities. POLICE Significant crime activities/arrests/investigations • On Nov. 5, patrol units were dispatched to Lake Meridian Shore for a male in the parking lot waving a gun around. The male was verbally challenged and at some point, dropped the gun and laid down on the ground. The male then stood up and flipped off the officers and walked to his right. Again, the male was verbally challenged, and a Taser was deployed which malfunctioned and did not hit the suspect. The male then lay down on the ground again and was taken into custody. No one was hurt. The gun was found to be a toy gun. After speaking to the suspect’s parents, the suspect is 21-years-old and has some unknown mental problems in which he takes medications. The suspect was booked into the Kent jail. • On Nov. 14, Kent Officers were dispatched to the report of a vehicle vs. pedestrian collision at E. Smith St/State Av N. An elderly driver was making a left turn and struck a pedestrian walking with her children in the crosswalk. The female was transported to Harborview Medical Center but was declared deceased on arrival. Major emphasis patrol • On Nov. 5 and 8 Patrol ran two different emphases for the commercial burglaries in the north end. Both ran from about 3-6 a.m. Multiple suspicious subjects and vehicles were contacted both nights. Events and awards • Letter of Commendation: On Oct. 07, Officer Ferguson was dispatched to investigate a vehicle theft that occurred. He reviewed the surveillance video and immediately identified the suspect as a well-known high impact offender in the City of Kent. Based on his investigation, Officer Ferguson sent information out to all personnel advising there was Page 7 of 9 Events and awards – cont’d probable cause to arrest the suspect and bolo information for the vehicle. These extra steps Officer Ferguson completed at the end of his shift, allowed day shift to have the information needed, which led to them locating and recovering the vehicle. Officer Fergusons knowledge of the criminals who operate within our City provided extra insight into the suspect’s negative impact on the residents and business owners of Kent. He knew there were pending local charges against the suspect and instead of merely writing the case up and sending it off, Officer Ferguson owned this investigation. He contacted the law department and petitioned to the judge to give the suspect a higher bail. On Oct. 12 the suspect’ was located in Maple Valley and was successfully taken into custody. PUBLIC WORKS Design • 228th UP Grade Separation - Phase 4 Ground Improvements and Embankments which includes stone columns, embankment, impacted driveways, and water. Going to Council for recommendation in Dec. Phase 5 preparing for Dec. advertisement. • S 224th St Project Phase II - Met with Fisheries Nov. 9 to coordinate habitat design. Reviewing contract documents and wrapping up remaining design elements to advertise the project in Dec. Meeting with utility companies this week to complete relocation efforts. • 2018 Sanitary Sewer CIPP Lining - Ready to advertise. • 2019 Asphalt Overlays - Sidewalk and ADA design complete for two of the three project locations. Preparing design package for full review in mid-Dec. Gathering data for ADA ramps on 208th. • GRNRA South Pump Station – Hogan Park to James St Force Main - Coordinating with utilities to pothole. 60% review documents to be distributed week of Nov. 12. • Willis Street Roundabout – Willis and 4th Ave S - Working on developing scope of work, project schedule and budget with engineering consultants. Coordinating with ECD and Parks for selecting a Landscaping consultant. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): o 84th to SR 167 – Precast concrete fascia panel placement will finish late Nov. o SR 167 Bridge – Bridge deck concrete pours are scheduled for Nov. 20, 27 and Dec. 4. The Bidwell concrete paving machine is on site being prepped for the pours. o SR 167 to 88th – Precast concrete facia wall panel placement is ongoing. o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place until the end of July 2019. • 228th St. Union Pacific Railroad Underground Utilities - Full closure of S 228th St from 72nd Ave S to 76th Ave S / 4th Ave N with detour will be implemented on Nov. 27 and will be in place for approximately two years. Interurban trial will remain open for use for the next several weeks but will be closed for the majority of the project. With the implementation of the closure, the contractor will mobilize and begin installing their dewatering and storm water bypass systems. Excavation for new large diameter storm pipe will begin in early Dec. Excavation and backfill for the joint utility relocation work is complete. • Green River Shoreline Soil Preparation Project - Two of five work zones are complete. The Contractor intends to complete one small area at a time before opening new areas. Page 8 of 9 Construction – cont’d • Downey and Naden Clearing and Grading - Hydro seeding of the bare soils is taking place week of Nov. 12, in addition to final restoration and wood chip haul-off. Final walk-thru to follow. • 4th Ave and Meeker St Complete Street Project - Concrete curb, gutter and sidewalk is complete. Final asphalt paving is complete with a full closure of 4th Ave and Meeker St. Full street closure after the PM commute for the construction of concrete crosswalks across all four legs of the intersection is in effect as of Thursday and will be complete in time for the AM commute on Mon, Nov. 19. This would be the final full street closure associated with this project. Upon completion of the concrete crosswalks, the remaining work will be limited to plantings, furniture placement, and final pavement striping. Thru traffic in all directions will be impacted daily until the completion of the contract work at the end of Nov. • Marquee on Meeker – Curb and gutter pours are complete. Final paving on Meeker St. will take place in the Spring following the completion of the project’s frontage improvements. • Dick’s Drive-in – Work on the building continues. Utility work will be taking place on Pacific Highway this week to get communication service to the restaurant. Traffic will be impacted during the daytime. The project team is expecting to open the restaurant on Dec. 15. • Morrill Meadows Park / East Hill Park Renovation and YMCA – Offsite utility work is expected to conclude the week of Nov. 12, including water connections. On site water main work will follow. Lane closures for the offsite work will continue. Environmental • King County Flood Control District - The Flood Control District Board of Supervisors met on Nov. 5 to review the proposed 2019 budget. The budget was passed and included additional funding for the Lower Russell Levee $14.1 million, Horseshoe/Breda Levee $481 thousands and the Milwaukee II Levee $10.9 million. • Lower Russell Road Levee - Bidding the Dvorak Barn relocation beginning Nov. 20, with work in Dec. and Jan. • Clean Water Act - We reviewed the draft Western Washington Municipal National Pollutant Discharge Elimination System permit language and submitted comments to Ecology. This permit will last from issuance in late 2019 through 2024. We met with our new Ecology Permit Coordinator Danielle DeVoe on Nov. 13 to discuss our program. • Cross Connection Control Program - The amended Connection Code is going to the City Council for approval on Nov. 20. • Mill Creek Reestablishment - Field meeting with the permit agencies on Nov. 15 regarding the mitigation requirements on this project. Land Survey and GIS • Land Survey department continues to provide construction support staking for all active capital improvement projects, design topography for Design and Environmental Page 9 of 9 Land Survey and GIS – cont’d • engineering projects, infrastructure mapping for GIS as well as professional plan review, boundary calculations and legal descriptions for easements and right of way takes for public works projects. • GIS department hosted the annual GIS Day on Nov. 14 in Centennial North and South conference rooms. GIS staff have been creating important utility models for the new asset management software transition for Operations. Staff attended the Washington State Government Lean Transformation Conference in Tacoma, continue working Story Maps for Operations 2019 Work Plans, creating a Collector App for street sign inventory and have begun the process to implement the new Eagle view desktop imagery web application. Transportation • The 60-day comment period for the Notice of Intent to Establish a Quiet Zone on the Union Pacific Railroad ended on Nov. 11. Staff are reviewing the comments that were received to determine if any changes to proposed roadway crossings will be needed. Streets o Street maintenance crews will be focusing on grinding and inspecting sidewalks in the downtown core area as well as bridge deck cleaning on the South-Central Bridge. Concrete crews will be pouring new sidewalk on 101st Ave SE, south of SE 256th St. Signs crews are now preparing for winter by cleaning and repairing the blue star signs which indicate freezing temperatures. Water • Water crews continue wellhead protection as well as dead end main flushing in the distribution system. This annual maintenance activity improves water quality by removing aged water that collects in areas of little to no use by flushing. Unregulated Contaminate Monitoring Rule 4th Edition (UCMR4) and Disinfection/Disinfection Byproducts (D/DBP’s) sampling and Wellhead protection monitoring are underway. Utilities o Storm Drainage crews continue winter prep at S 196th St and 78th Ave Reith Road, 42nd Ave S, Canyon Drive and Summit Ave N. Crews will be removing beaver dams at 72nd Ave S, S 212th St and James at Clark Ave N. Crews continue outfall assessing at Mill Creek Canyon and cleaning the outfall at West Valley and S 204th St. o Sewer crews will be inspecting manholes south of 240th St and east of Kennebeck. Fleet/Warehouse • The warehouse is focusing on forklift recertifications and researching locations for dirt spoil disposal. o Fleet has three vehicles out in the body shop currently and working on new vehicle setup. # # # This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8 CONSENT CALENDAR 8. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through U. Discussion Action 8A. Approval of Minutes. Minutes of November 6, 2018 Council Meeting – Approve This page intentionally left blank. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 1 of 11 Date: November 6, 2018 Time: 5 p.m. Place: Council Chambers East/West Agenda: 1. Call to Order The meeting was called to order at 5:02 p.m. with Mayor Ralph presiding. 2. Roll Call Mayor Ralph – Present Council President Boyce - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember – Present Satwinder Kaur, Councilmember – Present Marli Larimer, Councilmember – Present Les Thomas, Councilmember – Excused Absence Toni Troutner, Councilmember – Present 3. Changes to the Agenda Derek Matheson, Chief Administrative Officer, added item 8M. “Excused Absence for Councilmember Thomas” to the agenda. Boyce Moved to approve the agenda as amended, seconded by Higgins. The motion passed unanimously with a vote of 6-0. 4. Public Communications A. Public Recognition Mayor Ralph invited multiple Kentwood High School students to speak regarding their attendance during tonight’s meeting as a requirement of their civic engagement projects. Council President Boyce recognized Councilmembers Kaur and Troutner for their participation in the dance competition during the recent Kent Hope fundraiser. i. Employee of the Month Mayor Ralph recognized Margaret Yetter, Kent Municipal Court Administrator, as the November 2018 Employee of the Month. ii. Proclamation for Veteran’s Day of Remembrance Mayor Ralph read the proclamation and indicated that Marcus Shelton was unable to attend tonight’s meeting to accept the proclamation. B. Community Events Boyce provided details regarding past and upcoming events at the accesso ShoWare Center. Visit accessoShoWarecenter.com for ticketing information. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 2 of 11 Fincher extended an invitation for everyone to attend the upcoming Holiday Bazaar at Kent Commons that will be held November 30 – December 1, 2018. Fincher detailed upcoming Spotlight Series events. Visit Kentarts.com for ticket information. 5. Reports from Council and Staff Council President Boyce and Mayor Ralph presented a special report regarding the Mayor’s proposed 2019-20 budget and budget process to date as follows: Tonight, the Operations Committee recommended the Mayor’s proposed 2019-2020 budget to Kent City Council for approval. We are proud of this budget and the collaboration among the Mayor, City Council and the community that started in February at our first Council retreat. Since then, there have been many retreats, workshops, hearings and public meetings where we reached out to residents, businesses and the Kent Chamber of Commerce to get feedback. We also attended Chamber board meetings, committee meetings and held three budget roadshows to educate residents and businesses about the fiscal cliff. We set up a budget FAQs page on our website and asked residents to share feedback and to sign up for an email list to be kept informed of the budget process. You may have heard some inaccurate information about our proposed Business & Occupation (B&O) tax increase. That misinformation has created the impression that we do not support businesses in Kent, because we made the hard decision to raise B&O tax rates incrementally over the next 10 years. The Mayor and Council do support local businesses, and we want them to be successful. We did not make the decision to raise B&O lightly. B&O is a poorly constructed tax, yet one of the few options the legislature gives cities to fund operations. Faced with a significant budget shortfall due to factors beyond our control, we had to find a way to remain financially sustainable. Before reallocating revenues, cutting more than $2 million in costs, reducing staff, and generating new revenue through B&O, we explored many cost-cutting measures and revenue-generating options. We want to take this opportunity to provide facts to counter some of the myths you may have heard. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 3 of 11 Myth: There wasn’t any collaboration between the City and the business community on the budget, and the Mayor and Council President rejected the Chamber’s request for conversations about the budget. Fact: The Mayor’s first budget roadshow this spring was at the Chamber office. Either the Mayor or our CAO attended every Chamber board meeting and most Government Affairs Committee meetings. We responded to the incoming Chamber president’s spreadsheet with miscellaneous budget suggestions and answered her specific questions. The Mayor and representatives from our Economic and Community Development and Finance departments met with individual B&O taxpayers in September and shared information with stakeholders and answered questions. However, we cannot and did not delegate the Mayor’s statutory role to draft the budget. That authority is hers and hers alone. Myth: The City is not open to the Chamber’s input. Fact: We’re open to proposals of the magnitude necessary to replace our lost revenue. Many of the suggestions we received have been done, are not legal, or do not address the general fund. It is hard to imagine alternatives to the Mayor’s proposed budget that don’t raise residents’ taxes or cut services to residents, which residents have told us repeatedly that they oppose. Myth: All small businesses pay B&O tax. Fact: The threshold of revenue at which small businesses owe B&O tax to the City is $250,000 per year. If a Kent business does not generate that much in sales annually, they do not pay any B&O tax. Approximately 55 percent of Kent’s 4,610 registered businesses owe B&O tax; 45 percent owe nothing. Myth: B&O tax increases on small businesses are large. Fact: This is simply not true. For example, for a retail business with gross receipts of $251,000, the annual B&O tax due is currently $0.46. Under the proposed rate increase for this category, which would go into effect in 2022, the tax due would be $1, an increase of $0.54. The annual B&O tax for a professional service business with gross receipts of $500,000 is currently $380. Under the proposed rate increase for this category, which would go into effect in 2022, the tax due would be $500, an increase of $120. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 4 of 11 For a business engaging in wholesale with gross receipts of $1,000,000, the annual B&O tax due is currently $1,140. Under the proposed rate increase for this category, which would go into effect in 2020, the tax due would be $1,500, an increase of $360. Myth: The purpose of B&O tax is restricted to pay for streets. Fact: B&O revenue is general revenue under state law. Most cities use B&O for general fund operations. There are no laws restricting B&O revenue to streets or any other service area. The original B&O revenue amount allocated in 2012 is still dedicated to streets. That has never changed. Myth: There are no efficiencies in City government. Fact: The City of Kent has a low level of service and staffing for a city its size. Our number of employees per 1,000 residents has declined since 2011. We have continued to make cuts, have not added new programs, and we seek grant funding whenever possible. Myth: Businesses are going to leave Kent due to B&O tax increases. Fact: This is a subjective assumption. Each business is unique, and businesses make location decisions based on a number of factors of which taxes are only one. Kent’s proposed B&O tax rates remain below those of other cities and Kent remains a strategic location for businesses in the greater Puget Sound region. Our Economic and Community Development Department works with businesses looking to locate to Kent every day. Myth: The City waited until the last minute to address the fiscal cliff. Fact: As the Mayor stated in her September 25 letter to Council, we are proud of the steps taken previously to mitigate these impacts. While this loss is certainly significant, the fiscal cliff would have been a much larger challenge had the City not taken proactive steps. These steps included talking to our residents about the fiscal cliff as early as 2014, making strategic transfers, eliminating negative fund balances, refunding existing debt to reduce interest costs, and updating our fiscal policies to address fund balance levels. The City utilizes a conservative budgeting approach, and we use realistic revenue forecasting to inform expenditure levels. The City also made the extremely difficult decision to begin levying the full property tax rate allowable under state law Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 5 of 11 beginning in 2018. Additionally, the City has taken a lead role in working with the State as well as other cities negatively affected by the state’s decision to eliminate Streamlined Sales Tax mitigation monies beginning in 2019. Since we won’t know the outcome of our efforts until after the City’s budget must be adopted, we have planned for the worst-case scenario but are hopeful for a successful outcome from this endeavor. The budget provides a sustainable solution and allows the City to continue to move forward. Our budget shortfall is a serious situation that we have worked hard to address creatively. We have crunched the numbers, examined our revenue and expenses, and explored many options and possibilities. The bottom line is that a single solution will not resolve the fiscal cliff, and we’ve made some difficult decisions that some will disagree with, but they were well thought out and we took all feedback from residents and businesses into consideration. At the same time, we appreciate the Chamber’s involvement in and their passion for the business community. We welcome continued dialogue on budget issues and are open to viable solutions. Mayor Ralph Mayor Ralph met with representatives from the Boeing company and was informed that Boeing will be adding 1,400-1,600 new jobs to the Kent Valley. Mayor Ralph advised that the City received an application from a large Kent employer that is looking to increase their current facility by an addition 108,000 square feet. Derek Matheson, Chief Administrative Officer Matheson provided details regarding today’s Vision Café, the official launch of the City’s updated Vision, Mission, Values and Goals and recognized the following staff that organized the event: Dana Neuts, the team leader, Marty Fisher, Patti Belle, Pam Clark, Mark Ciavarella, Edgar Riebe, Josh Gonzalez, Michael Mage, Kathleen McConnell, Suzanne Shaw, and Katy McKee. The 2019 draft legislative agenda will go before the Operations Committee on November 20 and then onto the full council that same evening. Staff have finished negotiations with the west hill water/sewer districts for franchise ordinances that will be introduced during the November 20 council meeting and will move to the city council consent agenda on December 11, 2018 for adoption. Matheson advised his written report is in today’s agenda packet and there is an executive session for Council to discuss collective bargaining, expected to last 20 minutes with no action anticipated. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 6 of 11 Council President Boyce Boyce provided details regarding the items presented during today’s Operations Committee. Boyce detailed the councilmember’s applications to regional committees and will return to a future meeting to convey the confirmed appointments. Councilmember Higgins Higgins serves on the Regional Transit Committee and advised that during the recent workshop the committee took action to approve the Metro Strategic Plan Update. The committee also heard a presentation on “Maximum Constraint” – impacts to commuters once the viaduct closes in January. Councilmember Troutner Councilmember Troutner advised next Public Safety Committee meeting will be held on December 11 and that the Puget Sound Regional Fire Authority Governance Board will meet November 7, 2018. Councilmember Fincher Councilmember Fincher advised that the Parks Comprehensive Recreation Program Plan was presented during the recent Parks and Human Services Committee. Fincher advised that the Arts Commission’s Kent Creates contest “Fall Colors” is currently underway and contestants have until November 30, 2018 to submit projects. Fincher advised that selected artists are submitting their proposals for the traffic controller boxes. Fincher advised that the Arts Commission is reviewing Spotlight Series events for 2019-2020. Fincher serves on the Mental Illness and Drug Dependency Oversight Committee and provided information regarding the Zero Youth Detention Plan. Fincher serves on the King Conservation District Advisory Committee that is currently reviewing the program of work. 6. Public Hearing A. Public Hearing for Resolution Authorizing the Mayor to Sign the Federal Way Link Extension Project Development Agreement Between the City of Kent and Sound Transit Mayor Ralph noted that the public hearing being held is required by state law and city code. While the hearing is required only for the purposes of the resolution approving the development agreement, Long Range Planner, Hayley Bonsteel’s presentation covers the Transit Way Agreement as well, which will be considered during Other Business this evening. There will not be an additional presentation at that time; however, Bonsteel will be available for questions. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 7 of 11 Mayor Ralph opened the public hearing. Bonsteel provided an overview of both the Federal Way Link Extension Project Development Agreement, that included: • Project History - Sound Transit • Project History – City of Kent • Stations and Alignments from Angle Lake to Federal Way • Cooperation and Working Together • Project Location and Overview of Elements • Project Schedule • Planning and Design Considerations • Develoment Standards • Project Administration • During Construction • Utility Relocation • Liability, Indemnification • Insurance • Liens • Dispute Resolution • Legalese Bonsteel indicated the project will benefit the public by having a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region. The project will expand mobility by improving connections to the regional multimodal transportation system. Bonstell provided details regarding the Kent Des Moines and South 272nd street stations, code departures, permitting framework, participation in surplus property process, maintenance of street trees and landscaping, pavement restoration, security measures at restrooms for riders, and future agreements. Bonstell provided a review of the companion Transit Way Agreement, the project schedule and next steps. Mayor Ralph and Council expressed their appreciation of the work of staff and indicated Hayley Bonsteel is a “Rock Star!” Bonsteel indicated she is confident the in the terms of the agreements and appreciates Sound Transit being a true partner. Bonsteel advised that Kent is getting a commensurate deal as Seattle and the east side cities have received from Sound Transit. Bonsteel indicated that some jurisdictions are bringing money to the table that is allowing for additional features to the projects in their jurisdictions. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 8 of 11 Public Input None Councilmember Boyce moved to close the public hearing, seconded by Councilmember Fincher. The motion passed unanimously with a vote of 6-0. Councilmember Higgins moved to adopt Resolution No. 1977, approving the Federal Way Extension Project Development Agreement between the City of Kent Sound Transit and authoring the Mayor the sign the agreement, seconded by Councilmember Troutner. The motion passed unanimously with a vote of 6-0. 7. Public Comment Tim Brown, a Kent resident expressed his appreciation of the Mayor providing opportunities for citizens to talk with her during her coffee and conversations throughout the community. Brown indicated he got honest and open answers to questions and encouraged other residents to attend upcoming events. Brown spoke in support of the B&O Tax ordinance. April Sta. Rosa, spoke in opposition of the City’s B&O Tax ordinance. Sta. Rosa indicated she will spend some time reviewing the myth and fact information presented during tonight’s meeting and will provide comprehensive feedback to the Mayor. Gabe Michaud, a Kent resident, spoke in support of the Green Kent program. Michaud indicated the program is important, parks are important, and he urged the council to continue funding the Green Kent program. Laura Weiden, a Green Kent steward, spoke in support of the Green Kent Program and encouraged the Council to continue funding the program. 8. Consent Calendar Councilmember Boyce moved to approve the Consent Calendar Items A through M, seconded by Councilmember Kaur. The motion passed unanimously with a 6-0 vote. A. Minutes of October 16, 2018 Workshop and Council Meeting – Approve Minutes of October 16, 2018 workshop and Council meeting were approved. B. Payment of Bills – Approve Bills received through September 15, 2018 and paid on September 15, 2018 after auditing by the Operations Committee on October 16, 2018 were approved. Approval of checks issued for vouchers: Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 9 of 11 Date Check Numbers Amount 09/15/18 Wire Transfers 7642 - 7658 $2,147,156.07 09/15/18 Regular Checks 727944 - 728270 $1,515,521.09 09/15/18 Payment Plus 101075 - 101086 $74,400.92 Void Checks $0.00 09/15/18 Use Tax Payable $2,809.71 $3,739,887.79 Approval of checks issued for vouchers: Date Check Numbers Amount 09/30/18 Wire Transfers 7659 - 7672 $1,739,119.66 09/30/18 Regular Checks 728271 - 728621 $5,678,593.27 09/30/18 Payment Plus 101087 - 101103 $45,092.49 Void Checks ($537.66) 09/30/18 Use Tax Payable $0.00 $7,462,267.76 Approval of checks issued for payroll for September 1 - 15, 2018, and paid on September 20, 2018: Date Check Numbers Amount 9/20/2018 Checks 0 Voids and Reissues 9/20/2018 Advices 415689 - 416554 $1,799,070.38 $1,799,070.38 Approval of checks issued for payroll for September 16 - 30, 2018, and paid on October 5, 2018: Date Check Numbers Amount 10/5/2018 Checks $0.00 Voids and Reissues 10/5/2018 Advices 416555 - 417434 $1,724,005.79 $1,724,005.79 C. 2018 Court Commissioner – Temporary Limited Term Position – Authorize The Mayor was authorized to establish a temporary limited term position of Court Commissioner that will be effective November 1, 2018, to be funded out of the Municipal Court budget, with an end date of December 31, 2018. D. Asset Management System Contract with Azteca Systems & Woolpert – Authorize The Mayor was authorized to sign all necessary documents to enter into agreements with Azteca Systems, LLC and Woolpert Consultants Inc., to purchase, install, and configure the Cityworks software in a total amount not to exceed $883,000, subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney. Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 10 of 11 E. Ordinance Amending Business License Threshold Exemption – Adopt Ordinance No. 4287 was adopted, amending various sections of Chapter 5.01 of the Kent City Code to adopt mandatory business licensing provisions required by RCW 35.90.080. F. Consultant Services Agreement with PROS for a Comprehensive Recreation Program Plan – Authorize The Mayor was authorized to sign a Consultant Services Agreement with PROS, in the amount of $92,160 to develop a Comprehensive Plan for city recreation programming, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. Public Works Agreement with Modern Building Systems, Inc for City Shops Facility – Authorize The Mayor was authorized to sign a Public Works Agreement with Modern Building Systems, Inc., in the amount of $300,328.60, for the site preparation, purchase and installation of a new modular building to be located at the City Shops facility, subject to final terms and conditions acceptable to the Parks Director and City Attorney. H. Lease with Union Pacific Railroad for Uplands Extension Triangle Parcel – Authorize The Mayor was authorized to sign a lease agreement with Union Pacific Railroad, in the amount of $3,000 that will annually increase by three percent, for use of the Uplands extension triangle parcel, subject to final terms and conditions acceptable to the Parks Director and City Attorney. I. Lake Meridian Bathhouse Remodel Project – Accept as Complete The Mayor was authorized to accept the Lake Meridian Park Bathhouse Remodel project as complete and release $19,276.91 in retainage to Optimus Construction, pending notification from the State of Washington that they have satisfied all taxes and liens. J. Bill of Sale – Sikh Temple – Parking Phase 1 RECC-2072819 – Accept Council accepted the Bill of Sale from Sikh Temple, as detailed in items A – C in the summary. K. Bill of Sale – Sunrise Meadows RECC – 2073901 – Accept Council accepted the Bill of Sale from Hulquist Development, Inc., as detailed in items A – D in the summary below. L. Bill of Sale – 132nd Avenue Short Plat RECC – 2141599 – Accept Kent City Council Regular Meeting November 6, 2018 Minutes Kent, Washington Approval Pending Page 11 of 11 Council was authorized to accept the Bill of Sale from Pavitarpal Purewal, as detailed in items A and B in the summary below. M. Excused Absence for Councilmember Thomas – Approve The excused absence for Councilmember Thomas was approved. 9. Other Business A. Transit Way Agreement for the Federal Way Link Extension Project Between the City of Kent and Sound Transit – Authorized Councilmember Higgins moved to authorize the Mayor to sign the agreement between the City of Kent and Sound Transit for Grant of Nonexclusive Use of a Light Rail Transit Way as Related to the Federal Way Link Extension Light Rail Transit Project, seconded by Councilmember Fincher. Motion approved 6-0. 10. Bids A. 2018 Guardrail Repair Project – Award Tim LaPorte, Public Works Director, provided information regarding the 2018 Guardrail Repair project bid. Councilmember Higgins moved to award the 2018 Guardrail Repairs Project to Dirt and Aggregate Interchange, Inc. in the amount of $134,780.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Troutner. Motion approved 6-0. 11. Executive Session and Action after Executive Session A. Collective Bargaining, RCW 42.30.140(4)(a) At 6:37 p.m., the Council convened into Executive Session At 6:55 p.m., Executive Session was extended for an additional 10 minutes At 7:05 p.m., Executive Session was extended for an additional 5 minutes At 7:10 p.m., the Council reconvened into open session. No action 12. Adjournment Mayor Ralph adjourned the meeting at 7:11 pm. Kimberley A. Komoto City Clerk November 6, 2018 This page intentionally left blank. Agenda Item: Consent Calendar – 8B 8B. Approval of Bills: Approval of payment of the bills received through October 15, 2018 and paid on October 15, 2018. The Operations Committee audited the payment of bills on November 6, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 10/15/18 Wire Transfers 7673 - 7686 $2,025,259.99 10/15/18 Regular Checks 728622 - 729093 $3,042,750.78 10/15/18 Payment Plus 101104 - 101123 $162,906.83 Void Checks $0.00 10/15/18 Use Tax Payable $2,110.31 $5,233,027.91 Approval of checks issued for payroll for October 1 - 15, 2018, and paid on October 19, 2018: Date Check Numbers Amount 10/19/2018 Checks 0 Voids and Reissues 10/19/2018 Advices 417435 – 418305 $1,745,723.57 $1,745,723.57 This page intentionally left blank. Agenda Item: Consent Calendar – 8C TO: City Council DATE: November 20, 2018 SUBJECT: Excused Absence for Councilmember Thomas - Approve SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of November 20, 2018 and has requested an excused absence RECOMMENDED BY: Council President Boyce MOTION: Approve an excused absence for Councilmember Thomas as he is unable to attend the City Council meeting of November 20, 2018. This page intentionally left blank. Agenda Item: Consent Calendar – 8D TO: City Council DATE: November 20, 2018 SUBJECT: 2019 State Legislative Agenda – Approve SUMMARY: Each year the City of Kent develops a State Legislative Agenda. Department directors work together with the communications manager and lobbyist to determine the positions that are most important to bring to the attention of the Washington State Legislature. These are then compiled in the form of a Legislative Agenda which is reviewed by the Mayor and Chief Administrative Officer and then transmitted to the Council for final review and adoption. EXHIBITS: 2019 Legislative Agenda and the Legislative Policy Document. RECOMMENDED BY: The Operations Committee will consider this item during the November 20, 2018 meeting. STRATEGIC PLAN GOAL(S): Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. MOTION: Approve Kent’s 2019 State Legislative Agenda. This page intentionally left blank. Continue Streamlined Sales Tax (SST) Mitigation Payments The City requests that Streamlined Sales Tax (SST) Mitigation payments continue through the 2019-21 biennium. When the Legislature enacted the Marketplace Fairness Act (MFA), the Legislature scheduled to eliminate SST mitigation payments in the 2019-21 biennium in anticipation that new revenue from the MFA would offset the loss of the SST mitigation payments. However, MFA revenues are insufficient to fully offset the loss of SST mitigation payments. The City of Kent has received nearly $5 million in SST mitigation payments annually, even with MFA revenues. Capital Funding to Complete Mill Creek Flood Plain Stabilization The City of Kent requests an additional $2 million to complete the Mill Creek Flood Plain Stabilization Project along 76th Avenue to improve a salmon-bearing stream and protect against flooding in an area that is home to 5,800 businesses. The total project cost is $10 million, of which $8 million has already been secured through other funding sources ($2 million in state funds and $6 million in city funds). Early Delivery of the Puget Sound Gateway Project The Puget Sound Gateway project completes State Routes 509 and 167 to provide essential connections to the Ports of Tacoma and Seattle for improved freight movement and congestion relief. The City of Kent supports efforts to ensure on-time and early delivery of the project, including authorizing tolling on the newly-constructed corridor and supporting creative financing mechanisms to expedite the project schedule. The Connecting Washington package assumes $180 million in toll revenue to complete the project; without that revenue, the project cannot be constructed. Transportation Funding Request: 224th Phase 2 The City of Kent requests $2 million to complete 224th Phase 2, which completes the Veterans Drive/228th Street Corridor – a project decades in the making to provide a key east-west connection to move regional traffic through the City of Kent. This corridor connects five state highways and is a freight corridor supporting the Kent Valley – one of the region’s and state’s largest job-generating centers. The City has identified multiple fund sources to complete the $24 million project, including $12 million in local business contributions through a local improvement district and $5 million in Transportation Improvement Board funds. Authorize Pilot Program to Address Street Racing Hundreds of street racers congregate in the City of Kent to engage in high-speed street racing that endangers themselves and puts innocent bystanders at risk of severe injury or death. The City requests that the Legislature authorize a pilot program allowing the City to utilize a new technology that automatically issues tickets for vehicles with illegal exhaust systems. The City is hopeful this new technology will deter future street racing. 2019 CITY OF KENT LegislativePriorities Kent – where people choose to live and businesses change the world““ad g e W 2 0 9 4 0 _ 1 1 _ 1 8 POLICY DOCUMENT | 11/14/18 2019 CITY OF KENTPolicy Document ADMINISTRATION Public Records – The City of Kent will monitor proposals to amend the Public Records Act and will support proposals that provide increased cost recovery to the City while maintaining transparency. The City of Kent has adopted the state’s recommended fee schedule for public records requests. In 2017, the City processed over 3,000 public record requests. ECONOMIC & COMMUNITY DEVELOPMENT Economic Development Tools – The City of Kent joins the Association of Washington Cities in requesting economic development tools that assist in maintaining, expanding and modernizing local infrastructure to help spur local private sector investment. By supporting value capture financing, the Legislature can partner with cities to advance the shared goals of building a robust and diverse economy for communities around the state. Local Land Use Control – The City of Kent opposed legislation that preempts local control over land use decisions. Condominium Liability Reform – The City of Kent supports legislation that incentivizes the construction of condominiums by reducing the liability developers incur for construction defects, while simultaneously continuing to balance consumer protection provisions. Affordable Housing Tools – The City of Kent supports new funding tools for affordable housing. Any new tools should allow funding to be utilized for renovation in addition to new construction and should require affordable housing to be equitably distributed throughout the region. FINANCE Unfunded Mandates – The City of Kent urges the Legislature to refrain from imposing new unfunded or underfunded mandates on cities and to protect local revenue authority critical to enabling cities to provide core services their residents depend upon. State-Shared Revenues – The City of Kent supports ongoing funding for state-shared revenues, including SST Mitigation ($4.65 million), liquor excise tax ($636,500), liquor profit revenue ($1,060,300), and municipal criminal justice revenue ($517,500). (Numbers are 2018 annual estimates). B&O Tax Apportionment – The City of Kent will advocate to ensure that any legislation on local business & occupation tax apportionment is revenue-neutral and achievable for cities. 1% Property Tax – The City of Kent supports legislative proposals that remove or increase the 1% cap on property tax increases. FileLocal Flexibility – The City of Kent supports legislative proposals that provide FileLocal with flexibility in onboarding cities for the administration of business licenses and local business & occupation tax collection. The City of Kent is in the process of joining the FileLocal system and anticipates joining the system prior to the 2020 statutory deadline. Sharing Tax Information – The City of Kent supports proposals that allow cities to share tax information amongst one another to ensure that sales tax sourcing laws are being implemented accurately. POLICY DOCUMENT | 11/14/18 HUMAN RESOURCES Personnel – The City of Kent opposes legislation that would add new costs and requirements to employee benefit programs without accompanying funds. Presumptive Disease – The City of Kent opposes legislation that expands the definition of “presumptive diseases” under worker’s compensation that does not adequately address cost concerns and require a sound science foundation for decision-making. Wrongful Death – The City of Kent opposes legislation that expands those individuals who can bring forward wrongful death claims. INFORMATION TECHNOLOGY Right-of-Way Access – The City of Kent opposes any legislation that limits the City’s control over the right-of-way. MUNICIPAL COURT Notice of Disqualification – The City of Kent supports legislation allowing parties to lift notices of disqualification for municipal and district courts in the same manner as is allowed in superior courts. Additionally, the City also supports allowing a judge to set arraignment after a notice of disqualification has been filed in municipal, district or superior court. Exempt Judge Residential Address – The City of Kent supports legislation that exempts municipal judges from disclosing their residential address to the Public Disclosure Commission (PDC). Under current law, judges must apply to the PDC to exempt their residential address, the City supports legislation that makes this exemption automatic. Court Commissioner Marriages & Search Warrants – The City of Kent supports legislation allowing court commissioners to issue search warrants and perform marriage ceremonies. PARKS Washington Wildlife and Recreation Grant Program – The City of Kent supports full funding for the Washington Wildlife and Recreation Grant Program. Youth Athletic Field Grant Funding – The City of Kent requests that the Legislature fully fund the Youth Athletic Field Grant Program. If the program is fully funded, the City of Kent will receive $95,500 for the Service Club Ballfields Park Drainage. The Service Club Ballfields Park is a regional baseball and softball complex located in the south east corner of Kent. Local Option Funding Tools for Park Maintenance & Operations – The City of Kent supports identifying locally- imposed funding sources for park maintenance and operations. POLICY DOCUMENT | 11/14/18 PUBLIC SAFETY Basic Law Enforcement Academy Funding – The City of Kent joins the Association of Washington Cities and the Washington Association of Sheriffs and Police Chiefs in securing funding for additional training classes at the Basic Law Enforcement Academy, and supports legislation reducing the statutory deadline for when training needs to be completed. The Kent Police Department will need to hire and train officers to fill as many as 20 positions in the near future. Use of Police Deadly Force – The City of Kent supports amendments to I-940 regarding use of police deadly force that align with the compromise language developed during the 2018 legislative session. Police Body-Worn Cameras – The City of Kent will monitor any legislation regulating police body-worn cameras. The City of Kent is in the process of developing local policies for the deployment of police body-worn cameras. Automated Traffic Safety Devices – The City of Kent utilizes red-light cameras and will oppose any legislation removing City authority to utilize this technology. Forfeiture – The City of Kent opposes legislation that undermines the ability of law enforcement to conduct drug and property forfeiture operations. These forfeitures are an important tool in addressing illegal drug activity in the community and throughout South King County. PUBLIC WORKS Transportation Benefit District Authority – The City of Kent supports legislation allowing transportation benefit districts to impose a local sales tax for local street maintenance needs councilmatically, rather than with voter approval. Grant Programs – The City of Kent supports ongoing funding to the Transportation Improvement Board and the Freight Mobility Strategic Investment Board. The City has successfully secured multiple grants from these important grant projects. Stormwater Funding – The City of Kent supports increased grant funding for jurisdictions to meet the new NPDES permit requirements. Project De-Federalization – The City of Kent supports proposals that de-federalize projects throughout the state and result in greater efficiencies and cost savings. Puget Sound Acquisition and Restoration Program – The City of Kent supports $80 million for salmon recovery projects under the Puget Sound Acquisition and Restoration Program. Public Works Assistance Account – The City of Kent supports funding tools for infrastructure, such as the Public Works Assistance Account. Litter Control Hotline – The City of Kent supports re-establishing funding for a Litter Control Hotline at the state level. ad g e W 2 0 9 4 0 _ 1 1 _ 1 8 0. Agenda Item: Consent Calendar – 8E TO: City Council DATE: November 20, 2018 SUBJECT: Lease Agreement with T-Mobile for Cell Tower at Riverbend – Authorize SUMMARY: This is a newly negotiated agreement with T-Mobile West, LLC. to place equipment on city of Kent property located at 2020 West Meeker Street, known as the Riverbend driving range property. T-Mobile’s previous agreement for this property reached its maximum number of extensions and this a new lease will be retroactive to July 17, 2018. This lease includes a higher monthly rent and a simplified rent escalation structure specifying a 4% annual increase in years 2-5. The option to extend rather than renegotiate the lease twice remains the same. EXHIBITS: Lease Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Kaur, Larimer NAY: BUDGET IMPACTS: Revenue in the amount of $31,200.00 annually, with 80% of that allocated to Parks and 20% allocated to ECD STRATEGIC PLAN GOAL(S): 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. MOTION: Authorize the Mayor to sign a Lease Agreement with T-Mobile West, LLC. for a cell tower at Riverbend, subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. This page intentionally left blank. LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is between the CITY OF KENI a Washington municipal corporation ("City"), and T-MOBILE WEST LLC, a Delaware limited liability company, with its principal address at L2920 SE 28th Street, Bellevue, WA 98006 ("Tenant"), for a wireless communications facility located at2O20 West Meeker Street, Kent, Washington. BACKGROUND A. City is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A (the "Property"). B. Tenant is in the communications business and desires to lease that portion of the Property as depicted on the attached Exhibit B, together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property, as depicted on the attached Exhibit D. C. Accordingl¡ the parties are entering into this Lease on the terms and conditions set forth below AGREEMENT ln consideration of their mutual covenants, the parties agree as follows: L. Leased Premises. City leases to Tenant and Tenant leases from City that portion of the Property as depicted on the attached Exhibit C (the "Premises") together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property as depicted on the attached Exhibit D (the "Access Easement"). This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way. Any franchise or permit must be obtained separately from City. ?. Term and Option to Renew. This Lease shall commence on July 17, 2018 (the "Commencement Date"), and end on the date that is one day before the S-year anniversary of the Commencement Date ("Expiration Date"). Additionall¡ so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for two (2) additional five-year periods, subject to the adjustment of Monthly Rent as desgibed in Section 3. Should Tenant exercise an option to renew this Lease, that option must be exercised in writing and delivered to City at least 90 calendar days before the end of the then-current term. 3. Monthlv Rent. 3.1 Tenant agrees to pay City as Monthly Rent, without notice or demand, the sum of TWO THOUSAND SIX HUNDRED AND NO/IOO DOLLARS (SZ,SOO.OO¡, plus leasehold excise tax, if required by law, at a rate established bythe State of Washington, currently L2.84%, beginning on the Commencement Date. Subsequently, the Monthly Rent and all taxes due shall be paid in advance, on or before the first day of every following month during the term hereof. All payments shall be mailed LEASE AGREEMENT AT R]VE-RBE-ND -Page 1 of 16 (City: City of Kent; Tenant: T-Mobile) to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. 3.2 Tenant shall pay City a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent per month. 3.3 The Monthly Rent during years 2 through 5 of the initial 5-year term, then for years 2 through 5 of each optional S-year renewal term thereafter, shall be increased effective as of each anniversary of the Commencement Date by an amount equal to 4%. 3.4 The Monthly Rent during the first year of each S-year renewal term will be adjusted to Market Rent. "Market Rent" means the rent paid for similar uses on similar properties in the greater Puget Sound area. City shall propose the updated Market Rent no later than 60 days prior to the end of the then-current term. lf City and Tenant cannot mutually agree upon Market Rent within 30 days after City presents its proposal for Market Rent, then the Lease shall terminate at the end of the then-current term. 3.5 Monthly Rent, and all other consideration to be paid or provided by Tenant to City shall constitute Monthly Rent and shall be paid or provided without offset. 3.6 Absolute Net Lease. City shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises or Access Easement. The parties agree that this is an absolute net lease intended to assure City the rent reserved on an absolute net basis. 4. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all associated costs. 5. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and Access Easement. As part of the costs incurred by City to administer, negotiate changes to, and modify this Lease Agreement, Tenant shall pay to City a one-time administrative fee of TWO THoUSAND DOLLARS AND NO/ 100 (52,000.00) ("Administrative Fee"). Payment of this Administrative Fee shall be due in fullwithin 60 days following the full execution of this Lease. This Administrative Fee shall not be considered part of the Monthly Rent for any purpose, including, but not limited to, application of the state leasehold excise tax. 6. Use of Premises. 6.I Tenant may use the Premises for the purpose of locating, maintaining, operating, removing, and upgrading the wireless communications facilities as depicted on the attached Exhibit E ("lmprovements"). Tenant shall not use the Premises for any other purpose. 6.2 Tenant shall, at its sole expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating LEASE AGREEMENT AT RIVERBEND -Page 2 of 16 (City: City of Kent; Tenant: T-Mobile) to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the lmprovements and/or the Premises. 7 Tenant lmorovem ents. Plans. Bonds. 7.L Tenant may improve the Premises by constructing the lmprovements as depicted on Exhibit E. Tenant is responsible for providing all labor, materials, and equipment necessary for the lmprovements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all lmprovements to City for City's written approval, which approval shall not be unreasonably withheld. Construction, installation, or alteration of lmprovements shall not be commenced until plans for such work have been approved in writing by the City and all necessary permits have been properly issued. City's Parks Department shall give such approval or provide Tenant with its requests for changes within 30 business days of City's receipt of Tenant's plans and specifications. The plan and specifications review schedule described above does not apply to the City acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, and Tenant shall pay all permit costs in addition to the Monthly Rent described in Section 3. 7.2 All lmprovements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. lf any lien is filed, such lien shall be removed from the Property or bonded over, per RCW 60.04.161, within 20 calendar days of the lien being recorded with the King County Recorder's office. 7.3 Tenant shall conform and comply with all local land use, regulatory, or building permit conditions issued by the City or any other agency with jurisdiction in connection with the construction, operation, or maintenance of Tenant's lmprovements and the lmprovements contemplated in this Lease. 7.4 No lmprovements or modification to lmprovements shall be made without the City's consent, which consent will not be unreasonably withheld, conditioned or delayed. Moreover, any lmprovements or modifications to lmprovements are subject to the conditions set forth in this Section 7. Notwithstanding anything to the contrary contained herein, Tenant may perform routine maintenance and repairs, make like-kind or similar replacements of lmprovements, and make modifications within the interior of any shelters or base station equipment without City's consent; except that this provision shall not relieve Tenant of its responsibility to obtain all necessary permits and approvals for such work, whether it be from City or any other agency with jurisdiction. 7.5 Tenant shall consult with City to schedule the construction of any lmprovements and Tenant shall adhere to this schedule. 7.6 Upon completion of the lmprovements, Tenant shall remove all debris left from the installation of the lmprovements, including any abandoned equipment left by Other Providers, at Tenant's sole cost, 8. Removal of lmprovements. LEASE AGREEMENT AT RIVERBEND -Page 3 of 16 (City: City of Kent; Tenant: T-Mobile) 8.1 Within 30 days after termination or expiration of this Lease, Tenant shall commence removal of all Tenant's lmprovements from the Premises and peaceably surrender the Premises to the City in the same condition the Premises was in on the date the original Lease of the Premises began, excepting ordinary wear and tear. Removal of all of Tenant's lmprovements shall be completed within 90 days. lf Tenant fails to begin removal of the lmprovements on or before the 30th day after the Lease expires or terminates or fails to complete removal within 90 days, the City may remove, store, or dispose of any remaining portion of the lmprovements in any manner the City deems appropriate. Tenant shall, within 30 days after receipt of the City's written request and invoice, reimburse the City for all costs incurred by the City in connection therewith (including any reasonable overhead and storage expenses). The terms of this Section 8.1 shall not apply to lmprovements which are authorized to remain pursuant to Section 8.2. 8.2 lf City grants permission for all or a portion of lmprovements to remain after termination of this Lease either upon request from the Tenant or on the City's lmprovements to remain determines that the lmprovements may remain, or if upon request by the Tenant, City grants permission for all or a portion of the lmprovements upon termination of this Lease to remain, and City consents to such non-removal, title to the affected lmprovements shall be transferred to City via bill of sale, at market rates, and shall become the sole and exclusive property of City, and Tenant shall be relieved of its duty to otherwise remove them. Any personal property, equipment, or lmprovements that are not removed within 30 days following the termination of this Lease shall become the property of City, at City's option. 8.3 Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from a surety or bank reasonably acceptable to City, in the amount of Fifteen Thousand and 00/100 Dollaró (515,000.00). City may use these funds at the termination of the Lease for removal of all improvements and repair of the Property, the Premises and the Access Easement should Tenant not comply with the requirements of this section. 9. Other Leases. 9.1 Nothing in this Lease shall preclude City from leasing other space for communications equipment to any person or entity ("Other Provider") who may be in competition with Tenant, or to any other party, subject to the provisions of Section 13. 9.2 The City may allow Other Provider(s) to locate and place antennae and other facilities on the Premises and in the ancillary support facilities. Tenant shall cooperate with each new Other Provider and its locating and placement of its equipment. 9.3 The Tenant shall not be responsible for the cost of the Other Provider locating and placing its equipment on the Premises or for any liabilities that arise from the Other Provider's use of the Premises. 10. Maintenance 10.1 Tenant shall, at its own expense, maintain the Premises, Access Easement (less reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable control), and all lmprovements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises and Access Easement free of debris and anything LEASE AGREEMENT AT RIVERBEND -Page 4 of 16 (City: City of Kent; Tenant: T-Mobile) of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. Tenant shall remove graffiti at its own cost within 72 hours of receipt of notice to remove by City. City may remove graffiti at its own cost without notice to Tenant. Tenant shall install, maintain, and replace, when necessary, all landscaping described in Exhibit E, at Tenant's sole expense and in accordance with any necessary City of Kent permits. The use of herbicides or insecticides by Tenant on the Premises and Access Easement is strictly prohibited. City shall be responsible for any damages to the Access Easement caused by use of the Access Easement by City, or City's agents, employees, licensees, invitees or contractors, and shall be responsible for maintaining and repairing the Access Easement from and after the expiration or earlier termination of this Agreement, which costs shall be City's sole responsibility, subject, however, to Tenant's restoration obligations pursuant to Sections 7 and 8. L0.2 lf the City or any other tenant undertakes painting, construction or other alterations on City's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or lmprovements and protect them from paint and debris fallout that may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against City or any third party due to the City or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above. LI. Access. City and its agents shall have the right to enter the Premises at all times, to examine and inspect the Premises accompanied by Tenant, Tenant's employees, agents or contractors; provided, however, that in no event will City, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's lmprovements. Tenant shall have 24-hours-a-day,7- days-a-week access to the Premises to address emergency issues and unscheduled repairs. L2. Approvals: Compliance with Laws. Tenant's use of the Premises and Access Easement is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate the lmprovements in accordance with s¡te standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. 13. lnterference. 13.1 Tenant's installation, operation, and maintenance of the lmprovements shall not damage or interfere in any way with City's activities on the Property. Tenant agrees to correct, within 30 calendar days of receipt of notice of interference from City, all such actions that materially interfere with City's use of the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual notice of such interference. lf the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impaired, Tenant shall have the right to terminate the Lease. L3.2 Before approving the placement of the lmprovements, City may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. LEASE AGREEMENT AT RIVERBEND -Page 5 of 16 (City: City of Kent; Tenant: T-Mobile) 13.3 lf an Other Provider requests a lease from City to place any type of antennae or transmission facility on the Premises, City shall submit a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, City shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by any third party. The Other Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have 15 calendar days following receipt of a proposal to make any objections. Failure to make any objection within this 15-day period will constitute consent by Tenant to the installation of antennae or transmission facilities pursuant to the proposal. lf Tenant gives notice of objection due to interference during this 15-day period and City deems the objection to be valid, then City shall not proceed with such proposal unless and until the Other Provider modifies the proposal in a manner determined, in City's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. lf the Other Provider actually interferes with the operations of Tenant, City shall make good faith efforts to have the Other Provider cease operation until the interference can be eliminated. L3.4 The City may allow a governmental unit to place antennae or other communications facilities on the Premises so long as there is no interference with Tenant's use. L4. Default. lt shall be a default if: L4.L Tenant fails to pay Monthly Rent or any other sums payable to City when due, and does not cure such default within 15 calendar days after receipt of written notice; L4.2 Tenant removes its lmprovements on the Premises for a period longer than 6 consecutive months and fails to replace them during this time period; L4.3 Tenant fails, at any time during this Lease (including optional renewal periods), to conform or comply with any local land use, regulatory, or building permit conditions issued by City in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease, and this failure is not cured within 30 calendar days after receipt of written notice; except that Tenant will not be in default under this subsection if it begins to cure the alleged failure within the 30-day period and thereafter diligently prosecutes the cure to completion; L4.4 Tenant is finally adjudicated as bankrupt or makes any assignment for the benefit of creditors; L4.5 Tenant becomes insolvent; L4.6 Either party fails to perform any other covenant or condition of this Lease and this failure is not cured within 30 calendar days after receipt of written notice; except that neither party will be in non-monetary default under this subsection if it begins to cure the alleged default within the 30-day period and thereafter diligently prosecutes the cure to completion; or L4.7 Tenant fails at any time to maintain insurance as required in Section 22 of this Lease and Exhibit F and such failure is not cured within 10 calendar days following Tenant's receipt of written notice of such failure. LEASE AGREEMENT AT RIVERBEND -Page 6 of 16 (City: City of Kent; Tenant: T-Mobile) L5. Cure bv Citv. ln the event of any default of this Lease by Tenant, City may, at any time after the specified notice period has run, cure the default for the account of and at the expense of the Tenant. lf City is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce City's rights under this Lease, the sums so paid by City, with all interest, costs and damages will constitute Additional Rent. Tenant shall pay this Additional Rent to City within 30 calendar days after receipt of an invoice together with reasonable supporting documentation evidencing such sums and expense. lf Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest". Any payment under protest by Tenant will not be considered an admission of liability or a waiver of Tenant's rights under this Lease, and this payment will be subject to refund if Tenant's position is upheld by a court of competent jurisdiction. L6. Optional Termination. Except for instances of default as set forth in Section 14, and for instances of damage or destruction as set forth in Section 19, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of Tenant's business under this Lease; (b) bV Tenant, if in its sole discretion, it determines that the use of the Premises is obsolete or unnecessary; (c) by City upon 180 calendar days' prior written notice to Tenant, if City decides, in its sole discretion for any reason, to discontinue use of the Premises; however, if City needs to terminate the Lease due to an urgent municipal project or other purpose necessitating removal of Tenant's improvements, City may terminate upon six (6) months' prior written notice to Tenant; (d) bV City or Tenant if there is a determination made pursuant to an official unappealable order of the FCC that continued use of the Premises byTenant is in fact a threat to public health, safety or welfare that cannot be remediated; (e) by City, if Tenant's use of the Premises violates applicable laws or ordinances; or (f) by City, if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, non- renewal, expiration, or cancellation of its license. ln the event City terminates the Lease pursuant to (c), above, Tenant may be permitted to install a temporary communications facility (e.g., a "cell on wheels" or "COW") at another mutually agreeable location on the Property, if feasible, until Tenant is able to relocate to a new permanent replacement location, until the City's municipal project or other purpose requires removal of the COW from the Property, as determined by the City, or until the end of the Lease term, whichever occurs first. L7. Damases. ln the event Tenant defaults pursuant to Section 14 or Tenant terminates pursuant to Section 16, Tenant shall pay City the amount of unpaid rent accrued through the date of termination and liquidated damages in the amount of 6 months' additional rent, at the rate then existing as of the date of termination, without regard to annual increases. 18. Termination; Notice. Except as otherwise provided above in Section L4, any notice of termination pursuant to Section 16 shall be given to the other party in writing at least 30 calendar days prior to the termination date in accordance with the provision of Section 28. 19. Damage or Destruction. lf Tenant's lm provements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon 30 calendar days' written notice to City. ln such event, Tenant shall promptly remove all lmprovements from the Premises as set forth in Section 8 above. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's removal of all LEASE AGREEMENT AT RIVERBEND -Page 7 of 16 (City: City of Kent; Tenant: T-Mobile) lmprovements and Tenant shall be entitled to the reimbursement of any prepaid Monthly Rent. City shall have no obligation to repair any damage to any portion of the Property, the Premises or the Access Easement. 20. Condemnation. lf the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. lf a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving 30 calendar days'written notice to the other party, ln the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and City shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from City, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, and lmprovements. 2L. lndemnitv. zL.L Disclaimer of Liabilitv: Except for the negligence or willful misconduct of City, City shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the Access Easement, and any lmprovements made by Tenant. 2L.2 lndemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and all associated, affiliated, allied and subsidiary entities of City, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "lndemnitees"), from and against: (a) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's lmprovements, Tenant's use of the Premises and Access Easement, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (b) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the lndemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, LEASE AcREEMENT AT RIVERBEND -Page I of 16 (City: City of Kent; Tenant: T-Mobile) maintenance or use of the Premises, Access Easement, and Tenant's lmprovements. Tenant shall cause such claim or lien covering City's Property to be discharged or bonded per the requirements in Section 8.3. (c) Notwithstanding the foregoing, Tenant shall not indemnify, defend or hold harmless City for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the City's negligence or willful misconduct. 2L.3 Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Property, the Premises and the Access Easement. Tenant's assumption of risk shall not apply to any latent defects or other dangerous situations, if City knows or should know that defect or situation exists but has not disclosed that information to Tenant. 2L.4 Defense of lndemnitees: ln the event a ny action or proceeding is brought against the lndemnitees by reason of any matter for which the lndemnitees are indemnified hereunder, Tenant shall, upon notice from any of the lndemnitees, at Tenant's sole cost and expense, diligently resist and defend the same; provided, however, that Tenant shall not admit liability in any such matter on behalf of the lndemnitees without the written consent of City and provided further that lndemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. 2L.5 Notice. Cooperation and Expenses: City shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 21. Nothing herein shall prevent City from cooperating with Tenant and participating in the defense of any litigation by City's attorney, so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses, such as the reasonable value of any services rendered by City's attorney; the actual expenses of City's agents, employees, or expert witnesses; and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. Provided, however, these expenses shall not include attorneys'fees for services that are ,unnecessarily duplicative of services provided to City by Tenant. 22. lnsurance. Tenant agrees to comply with the insurance requirements of Exhibit F at all times during the term of this Lease. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. 23. Hazardous Substance lndemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises and Access Easement any hazardous substance in violation of any federal or state law. Tenant further agrees to hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all reasonable attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence or LEASE AGREEMENT AT RIVERBEND -Page 9 of 16 (City: City of Kent; Tenant: T-Mobile) willful misconduct of City, its employees or agents. Similarly, City warrants that the Premises and Access Easement are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the City's negligent or intentional introduction of any hazardous substance by City. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24. Holdins Over. Any holding over after the expiration of the Term of this Lease, with the consent of the City, shall be construed to be a tenancy from month to month and Tenant shall pay rent atL25% the Monthly Rent but shall otherwise be on the same terms and conditions herein specified, so far as applicable. 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon the Property of which the Premises are a part will be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at City's request, execute any additional documents reasonably necessary to indicate this subordination within 30 calendar days of written request by City; provided that such documents include provisions by which City's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease. 26.Accentancp of Premises With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Access Easement "AS-1S," in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises or Access Easement, or their fitness for any of Tenant's intended uses thereof. 27. Estoppel Certificate. Tenant shall, at anytime and from time to time upon not less than 30 calendar days' prior request by City, deliver to City a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates on which rent and other charges have been paid; (c) so far as the person making the certificate knows, City is not in default under any provisions of the Lease; and (d) any other matters as City may reasonably request. 28. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: LEASE AGREEMENT AT RIVERBEND -Page 10 of 16 (City: City of Kent; Tenant: T-Mobile) lf to City, to:Parks & Recreation Department, Attn: Parks Superintendent City of Kent 220 Fourth Avenue South Kent, WA 98032 City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to: lf to Tenant, to T-Mobile West LLC L2920 SE 38 th Street Bellevue, WA 98006 Attn : Lease Complia nce/SE04019C 29 ment and Sublettin 29.L Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without City's prior written consent, which will not be unreasonably withheld. Consent by City to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. lf this Lease is assigned, City may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved. Consent by City to an assignment shall not be deemed a waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained. 29.2 lf Tenant is a corporation, partnership, or limited liability company, and if the control thereof changes at any time during the term of this Lease, then City at its option may, by giving 10 business days' prior written notice to Tenant, declare such change a breach of this section unless City has previously approved in writing the new controlling party or unless City's approval is not required pursuant to Section 29.4. 29.3 Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC 5101, et seq., shall be deemed without further act to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to City an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to City, shall be the exclusive property of City, and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other considerations constituting City's property under the preceding sentence not paid or delivered to City shall be held in trust for the benefit of City and be promptly paid to City. 29.4 Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without City's consent to any of Tenant's partners or affiliates, provided Tenant notifies City within 30 calendar days of such assignment. LEASE AGREEMENT AT RIVERBEND -Page 11 of 16 (City: City of Kent; Tenant: T-Mobile) 30. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 31. Non-Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 32. Taxes. 32.L Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and Access Easement that are directly the result of Tenant's wireless communications facilities, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to City, at least 10 calendar days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. 32.2 Tenant shall indemnify City from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without límitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises. 32.3 lf the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 33. Miscellaneous. 33.1 City and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. 33.2 This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 33.3 This Lease shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington. ln the event of claim or litigation to enforce any terms of this Lease, each Party shall be responsible for its own legal costs and attorney fees except as noted in Section 2L. LEASE AGREEMENT AT RIVERBEND -Page 12 of 16 (City: City of Kent; Tenant: T-Mobile) 33.4 lf any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 33.5 City covenants that Tenant, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 33.6 The parties acknowledge that space at the Premises was previously leased between City and Tenant under the terms and conditions of that certain Lease Agreement dated July 2, 2003, as amended by an Addendum One entered into on September 18, 2008, and an Addendum Two entered into on February 27,20L4 (collectively, the "Prior Lease"). City and Tenant acknowledge and agree that the Prior Lease is terminated effective as of the Commencement Date of this Lease agreement, and that thereafter, the terms and conditions of this Lease agreement shall be the sole instrument governing the leasing of space by Tenant at the Property. THIS LEASE lS EXECUTED and shall become effective on the last date indicated below (the "Effective Date"). lf the Effective Date occurs after the Commencement Date, any act consistent with the authority and obligations described herein that takes place after the Commencement Date, but prior to the Effective Date, is hereby ratified and affirmed by the parties to this Lease. TANDLORD: CITY OF KENT By Print Name: Dana Ralph Its: Mayor Date: APPROVED AS TO FORM: Kent Law Department LEASE AGREEMENT AT RIVERBEND -Page 13 of 16 (City: City of Kent; Tenant: T-Mobile) TENANT: T.MOBILE WEST LLC Print Name: Its Date: APPROVED AS TO FORM: 10t11t18 T-Mobile Contract Attorney By STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seol Must Appeor Within This Box- lN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of MyWashington, residing at appointment expires LEASE AG REEMENT AT RIVERBEND -Page L4 ol L6 (City: City of Kent; Tenant: T-Mobile) ss. EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERTY That portion of the East half of the Northeast quarter of the Northwest quarter, Section 23, Township 22 North, Range 4 East, W.M., records of King County, Washington, lying southerly of J.L. Reith Road. EXCEPT Roads Situated in the County of King, State of Washington. EXHIBIT B DEPICTION OF PREMISES \1v ;,å't .r t I ti1t I t, 'l , t^f T .'i,)t'o, Lr t t. T F{l ù *T EXHIBIT C LEGAL DESCRIPTION OF PREMISES Situated in King County, State of Washington, part of the S.E, quarter of the N.W. quarter of Section 23, Township 22 North, Range 4 East, being a Lease on part of land, now or formerly in the name of The City of Kent and being more particularly described as follows: Commencing at the intersection of the south line of Meeker Road with the west line of Russel Road; Thence, S 63'53'30" W, along said south line, a distance of 726.97 feet; Thence, following the arc of a curve to the left, having a radius of 6L.22', a chord of 53.15, bearing S 60'05'26" E, a total arc length of 54.98 feet; Thence, following the arc of a curve to the right, having a radius of 46.00', a chord of 27.56, bearing S 68"22'52" E, a total arc length of 27.99 feet; Thence, S 50'56'47" E, a distance of 17.56 feet; Thence, following the arc of a curve to the right, having a radius of 229.L5', a chord of 106.31, bearing S 34"28'15" E, a total arc length of 107.29 feet; Thence, S 20"44'51" E, a distance of 245.36 feet; Thence, S 11'23'L8" E, a distance of 74.51 feet; Thence, N 78'36'42" E, a distance of 6.00 feet to the place of beginning of the lease area herein described; Thence, N 11'23'18" W, a distance of 75.00 feet; Thence, N 78'36'42" E, a distance of 50.00 feet; Thence, S 1L'23'18" E, a distance of 75.00 feet; Thence, S 78'36'42" W, a distance of 50.00 feet to the place of beginning and containing 3,750 sq.ft. (0.0861 aøes) of land. EXHIBIT D LEGAL DESCRIPTION OF ACCESS EASEMENT Situated in King County, State of Washington, part of the S.E. quarter of the N.W. quarter of Section 23, Township 22 North, Range 4 East, being a 12' Access Easement on part of land, now or formerly in the name of The City of Kent and being more particularly described as follows; Commencing at the intersection of the south line of Meeker Road with the west line of Russel Road; Thence, S 63'53'30" W, along said south line, a distance of 726.97 feet to the beginning of the centerline of said 12' access easemen! Thence, following the arc of a curve to the left, having a radius of 6L.22'a chord of 53,15, bearing S 60'05' 26" E, a total arc length of 54.98 feet; Thence, following the arc of a curve to the right, having a radius of 46.00' a chord of 27 .56, bearing S 68"22' 52" E, a total arc length of 27.99 feet; Thence, S 50"56' 47" E, a distance of 17.56 feet; Thence, following the arc of a curve to the right, having a radius o1229.L5', a chord of 106.31, bearing S 34'28' 15" E, a total arc length of LO7.29 feet; Thence, S 20'44' 51" E, a distance of 245.36 feet; Thence, S 11'23' 18" E a distance of 74.51 feet to the termination of the centerline of the 12' access easement and containing 6,348 sq. ft. (0.1457 acres) of land. EXHIBIT E SCOPE OF WORK TO BE COMPLETED BY T-MOBILE il r -Mobile-Technology SRssociates RIVERBEND GOLF/GOLF RL 2OI9 W. MEEKER ST KENT, WA 98032 SITE NUMBER: SEO4OT9C LATTTUDE 41" 22' 44.35" l{ (47.3789861 LONG|TUDÊ 122" l5'43.84" W 1.722.26217e1 t ]N SlN :D BY OWEosM s CALT ilO WORKING DÁYS BErcREYOU dG 811 MTIONAL WLMES UNDER@OUND L@E ELEMIC.RÐ TÊUqW.W SryER.GæEN PROPOSED-WEqs/ol!-YaLow waER-BtG SUNEY.HNK REVIEWERS SruL CL4RIY PUCE INMSÐACENIrc 4CH samE, wA 98108 TOTru OF6 SEqORS. 650 SOft ORæSffi"1æ sanE,wÂ981ß MIWDA4ENN 7lt KEEF (E) ¿ ADD KEEP PHOU: æ6-8194727 SIGMLS FOR THE PURrcSE OFPrcVdre rcKÆSæqED NY EqUIPMEM NNOTBE PEFOÙEOBY ruSFÆLñWLLBE WAER SUPPLY IS TO BE MOUæD AT LOqnoN. SO@WÆWLLBE ÂT THF tOq¡ON. ctw oF samE,wÂ9E10E PHoNE: (206)28¡ff TAEC TJ ELÆL JOHNSPU@ 6S SOÛH ORCAS Sffi-1ß saru, wÀ981ß DrsaBrlmEs ÂcT {ÆA), ÆENdx B sEmN (sxb), E¡s FÀcrlrw rs ruFRoM BT C/O Frc¡LÍIES UMæPCIry CERK KEM, WÀSæ2 NE7607 80il UPC, STNDÆDS I {ENDMEIS, Wrc 5I$6, PERMIT WORK NOT æNFOilIre rc ûESE IN ACCORNGwßüE OF NE FOTLMNG 6DES AS BYftE LOCru GOERMreffiRMES. ON üESE PUNS IS TOBECOffilÆD MRM$K '9807 NOM CREEKffiN BOBEI,W49&11 PHONE: (425) UM6 2014 MTIOW ELEMd@E 2Ol2MTIOML ELEMCffiCODE LOCAL BUILÞING CODE ORDIWES N$/na/M-z-G NFPA-101 .IIFEWflCODE I8C, STANDAROS & NilDMEffiS,Wrc51{O IMC, STÀNDÆDS ¡ MEMMÊM, Wrc 518 IFC. STANMRDS I AMÊNNEre,Wrc51g NFP 54 - MTIONA ruEL æ @DE INSTAUÎONS ON[Y) 58 - LIqUEFIED PMOEUM qSCOæ WYSULLE. WA 9E270 PrcNE:20Ë41106 bthoñ.s@bjüoñsF.6més¿nd Í-MOBILE BOfrEI4OFECÉ 1. DEPÆTNORNCREEK PMTryÆrcRN CFEÊKNL 0.3 MI 2. ruRN RIGHTOMO NE 19ft S 0.3 MI 3. TAKE NP LÉF FOR I-S Sffi rcWÆD RÊNTON 21.7 MI 4. AT EXT 28, TAre MMP REF rcR WÁ.167 N / VALLEY M TOWARD ilNIBÂE S 0.5 MI 5. TURN LEÍONTO WÆ167 S /V[WM 6-6 Mr 6. TAKE WP RIGHT FOR WA{l6 rcWÆD DES MOINES /WLLISS 02MI 7. ruRN RIGHTONTO WA{16 /SreMDES rcNES RÞ 1.2MI 8. ruRN RIGHTOMO W MEEGR ST 0.5 MI ÆRIVE AT 2019 W MEEKER S, tr, WA g&9 SITE WE: RIWRBEND Gff&tF& SftÆRESS: 2019W. MEæRS@ PÆæIA 2@OII CURRENTZôñING: cc 8UlÞtNG]w:ffi UTILIIY PUNYEYOR POÆRCOMPAW: N/À ffiOFGMJURISDIffOÑ GOV CODE: 2015 r6c, s N6 ñðevnr Èu tsÈH asEssH &L!rus. PORIONS GOW LOTS 4 t 5 tN SW On m 2ø4 ND PORNON SE OTR M ON SD SÊC æ AL LYNG SLY OF STATE HW NO 54 & MYOF JOHN ¡)mW RD NO 72 (54r P4CE S) EXC rcrcNilEæOF PUnED AS COTOW pÆK CONæ {VOL 31. re 5¿ & EXC PORTION BEREOF OÆ: BEGON CilERLINE SËCONMRY ST HW NO 5-A AT ENGINEERS $ÁrcN | 63+00 BÁCK= 1 63+€.2 ÀHæ Æ SHOm ON SAE HWMÞ RryFED 19 MRCH lWilNGEE IONG CENERL¡NE OF SD HIWÂY 99.æ FB s14-51-10E 301.01 f n S75{NW60-æ Ft s1441¡08 119.73 f TO FOÈfl @rcS16AIG t66_14 frü NG23-25E 55.20 f,il N1Æ1-1N76.19 T TH N42-16-1 0W 43.39 f, TO mB (Æ DÊUN4ED 'ER OryOF GNTLOTLINEÐUSilWNO _L-9"29 RECORDTNG NO 9S21@U) , '..]' \l -', '¿i¡r*-i... G:*fiÈir .1"þ ü, i,i;,-, lF . .Mobile. RIYEBBEIID GOLF/GOLF NL sEo4or9c ffi.T¡.G2 B. J. ï¡fOtAS, P.E. 7607 SCIH ÀyE ¡{E HARYSYTLLE, WÄ 9a27O 206-a5l -l l06 qJI TITLE SHEET T.1 GEilEFAL TIOIES:ÀBBREYIATIO¡{S SPEC|AL IilSPECnOilS: SPECÁL INSPÊCtrONS ¡N ACCORDANCE ffi IBC æ15 SE(m '74.so[s/GEoEGNT* O SAORING INSTÆUNONÑD @rcRNG T OASEM AND MONrcR ãqVATON oERTSOI BWING_plBæ|rc I. DMWNGSÆE NOTrc BESCIED, ædMEMS ß IMNOED IO BE USED ÂRCHBEBE BMBOf B.O. BOC BOS CLG CLR CMUcoLcorccoNscoMcn DI 4 ETEC EA EPEF FN HN RR FTRrc GW@ HM HOR HR tNsuIM AR@NÞMONHÆOWtrN¡SHEDRMÆOVEFINISHEDGW@EFINISÆDSWIUMINUMNCHORBOLINGEÆdmruBÆE]ruSMFSION SreEM BUIDINGBWBOfuM BOrcM OFBOÎOM OFCOTRmBOÍOM OFfficomoLJotM CEMERUNEcErure CONCRft MSONWUNT COLUWcoNcfficoNsnuqoNcomNW6CENEDhMMR DETAL EXSTNG4dæÆstoNJotMELEMIqEEMW EWATONEQU& æN9üæR¡OR4OOR OMN FINISH FINFHNOOR FMNNGque @vatæDGFSWGYPSUMB@ HOLIOW MÍT HORZOMA HOURHEIMHANNG VEWBNONARæNMNNGtNsuu¡oNIMROR JI MECH MH MNMtsc mNtc NOM NTSocoo OHOPre Þßt PSt ru RO REINFRÊqD RM SCHÐsEq stMSQf,ssSDsnsnucEMPGKLo. TOSTæ UþvqvÉm JOIMWIMEDLN4rcøWUFffiF MECW&WrcE MIILIMæR MINIMUMMISCEWEOUS MIIES PERrcURMfANOTINæNlwNWN NOïTO sru ON CEMROGIDÊlWæROWHæoPn¡reOPrcSG PROrcSÐ PERSOML COMüUNIHON SYff MPßE POUNDS PEF SQWENq POUNDS PERSQWETOf PRESSURE RAEDMDUSrcOFDruNREINFOrcED/RENffiqrc REQUIRED ROOM RGNOFWÂY SCHEWESEflON SqUÆE rcOTstMtffi SQUÆE rcOTSTANESS ffiÉSTANDMSEELsnul::l]Jru ntcK TOPOFffiÈ TOP OFCOrcRæ UNLESS NOED OftRWSEumcilrcsmoNrEwm4 WELDEO WRE UESH ONEFWSE. ûE GENÊru COMqORS SCOPE OF æEMÐECEssÑrc@M4M INSTALUNONASDESCRIBEDINNE RWNGSND MBSPUEfr NW 2. ÈECOWORIS RESPONSIBIEFORÄLL DIMENSIOSNOSADÆDTA6 HT RÊqURE MODINGNONS DUE rc AñE FEID CONDMON ND EdIEMEMS rcTAE SUAMIftDTOANOPPROVEDAY,T.MOBILE WRELESS RffiSMAM RORrc Sffi OFrcK 3. PRIORTOÊESUBMISSIONOFBIDS.@MMRSIrcLESWLVStrÊEJOBSMrc FNILÆIZEüEMSELVES WßALI CONDIIIONSÆqreüEMOruED PRqEfr. CONTMCTORSS4LVISITTEæNSNUOON SIEW ilE æNsruM@W æCUMEUS TO VERIry FIÊLD CONDMONSND CONFIRMruTÊE MEøWLL BE À@MruHÐ Âs sHom. 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AWÆDMOWMODIHqTdSMEH MUSBErcESruBEreE ÂTNE CONBæreæENE 12. MERENEWPAVING, CONCRËESIDMALKS OR PAüSffifl SSNGCdsrudON.NE COMCrcR SWL UTCH NE EXISÎÑG PITCH, GruE, ND EWANil S BE EMESNUME SWLMVEÁSMæilruSMN 13. nE COWOR SWL MODtrynE ASNGI:@Ë,Wru,CHUre,OROffiR CONNUCNON AS REqUFED TO ilN ACGSS TO AM ffi ÀL MElru4, PUMAIrc. ELEMEAL OR ffiUCruru MODIFIüTONS. ffiERE tr EXSNG @NSNHON M, PAMTONS, GILING, æ.,ÆETOBE REMOED, rcDFEO,ORREffiÐORWRE NÊ LEOETIDS & SYTBOLS CMIN LINKEG CEDÆ ErcE PffiR TÊæPWm@ coa OVERHEÆ rcreR CEreALNE cN -u NCHORING TO æMæ: O BOLIS INSALED IN æNffift B POSI]NST{BTON ÆHESM NMFS o POSÍINSTIUÎoNME¡Hr4¡Wre RilSPN BG A €"""EWÁNONVMBG EæNEru EWÀNONUflBG DÍAILBrc TOP OFffi[ a&rrad v //¡È.-DÍAL NUMBR fd---srpn¡uu¡en qFTNG CdSWNSNFNWSOFAL FLOORSWILSÀNDCEIL¡reS. WHERECONCRæWw@ffiilFrcqFED,ru CONRCTOR SWL TOOü IN U NEW CONMUMON TO MTq üE flSNG BOND Wæ CONCRft CONffiUCTON IS MODIFIED. EEæffiMCIOR SruEIryNEEre TALSrcBE USED FOR CONffiUCTON. [L WORK SWL BE COVEREDWMTEGNEru æMq. 14- IFCOMqORORSUBæNRMRFINDTNEGSSÑrcDE\ÆæMGGIWærcWD PNS. THEN tr IS üE CONRqORS ND THE SUBCONRqORS reSrcNS8W TO PROWE NE CONSULTNTWü 4 æPIES OFNE PROPOSED CUNGESFORHSffiWI BFOÆ PRæÉNGMü fHE WORX. IN ÐDITON TE COMCTOR AND SUBCqWTre S4L AE reSrcNßLE FOR ROCURINGATL NEGSSÆYÆPROVÆSROMNE BUIDNGffiS rcRüErcrcÐ CMNGESBEFOREPROCEEDINGWNNEWORK ÊE COMqORMSUTOWGSS&L BE RESPONSIBLE FOR PSOCURNG [L NECESSry INSÍÐONNDÆrcV{S ROM BUIUre AWORMES DURING BE ãECWN OFNE rcK 15. æNRCTORTO PROVIDEÂPOMÁBLE fRE MNGUISHERWHAMNreCNOTE$lN24 OR 2A1OAC WNN 75 FEÊTRWL dSTÂNCE TOÄLLrcMOre OFPRdEq@DURre coNsarcln 16. BE CONBqOR SruL PERFORM WORK DURING OMffi reEWDHOMrc AVOID NUffiER SEflONBG 17. SALALPENMTONSNROUGHFIRE-MEDÆffi WU.L.UtrDORFIE M4 APPROVED MEMLS AS ÆPUqALE TO NFFrcIñNDOR roEqffi f8. CONRqOR SWL BE RESPONSIBLE FOR NLIWL@EgSCHENLING, @ÐMNre SPECruND BUILDING DEPMEF NSPEqONS. R@re COMCTORASREAU¡RED TO MIMÁINN üSNG@FIreWÆM. 20. ROMNGOFILCONWÍS, qBLES,WIERYS ÍCÆIN8EDÆ PRæSÐI@¡ON ONLY. æNBRM TE ENd LOøNON AND ROWNG WB BE ON SM TrcBILEæNSRMN WGERPRIORTO SMreWK lF . .Mobile- sEo40r!rc ffi,raæ BU¡LD¡XO PÊRTIT B. J. THOilÀS, P.E. '607 AOTH AYE T{E ilÀRYSY¡LLË, WÀ 98¿70 20G-851 -l l06 UJI B GEIIERAL NOTES G.l ru (E) (E) T-MOA¡LE BrS EAU|PMEÛmHN (E) EAUIPMENTSHETER I \Jú (SEESHT. A{.1rcR ENWGEO (Ê) 121-2 AGL DRIVINGMreE ÐEW(E) T{OAILE ANTENMS MOUNTEDATTOP (SEESHT,AN.l FOR 1 I I \ PARCÊL #23220¿LS01 1 --- ---" ,Ñ OVEBALL S]IE PI¡Nãitä.sıa-LÊ+ìmr-----.- llx17 SC[E: l":m 100 0 5q 10 20ûI-#i+!- RIVERBEilD GOLF/GOLF RL sEo4ot9c ffi,w¡æ /\ B. J. THOI|AS, P.E. 7607 AOTH ÄYE NE llaBYsv¡LLE, wa 98i¡7O 206-asl-t l06 uJI lF -'Mobile. I aL o¡@rilsNÆvrsEæerm*N a[mffirsffi6Ë Þ|$TGUFE Otr lil mCB ß OVERALL SITE PLAil A.l frE ////'lE) GOLF Nflre àÌ (Ê) {4) OTPLilERS (8ErAS€SOF) & (2) TnTPLEXERS (1 FOR [Pil& 1 FOR GMm sEcroR) MouMEo oN (E)sÆtEFw[L r(E)(10) 7i8'COAX *US FOUEO / wrHrN (E) (4)4' U/GPVC@NOUIË -l *-'-d-d-d-.--\ 4 -"-d -g -s C:Cr-d --d -d 1. x- (E) (1) T-MOSTLE rSBN*lffi ANEN MOUNTEOON (E)RtreM@M (ALPHA SECTOR:0' f (E) 12r!2-AGr (E} Í1) SryLE 3CTMAMOUNIED (E) {1) T-MOB¡LE åSANF1MNÊNM MOUNTEÐOñ (qRrreMOUU ((wMSEfrOR:24" s ð (E) O) ru¡N SilLE 4 TM MOU¡¡@BEHIþAffiNM (E) ÀÑENNÀ RNG@MT.MOAILE Lg*A@WftIN EAUIPMEMSHELER (88ÏA (DELIA EX¡ST¡I{G EILARGED S¡IE ÞLAil 22ffdÈ,1/2H -.,Ñ¡11x17SCÆ:l/tr= I BU¡LDTilG PEBII¡1 EXtSl¡NG EilLARGED SITE PLAil lF . .Mobile- BryERAEND GOLF/GOLF RL sEo40lltc rcF,W æ2 A. 8..t, Ttfotas, P.E. 7607 AOfll AVE ltE llaRYsvtl¡.E, wÀ 98il7o 206.851.t106 ÞJL EmmsNÞdrsds Àumffirs*ru rÆ rNFdfaÍoN c6ra@ il rre F s 4.1.1 --d --d "- ¡/'//'(E GOLFNflre ò PER r (P) (8) 7/8' æAX CABLES I (E) {10) 76' CqX ,/ caaLÊs RouTEo wTHrN (P) (2) 4" U/G PVC / coNDu[ & (E) (4) 4'UGPVC COMtrS -i* = N'-d -d *-\(E)ON d-d-d-d 9- (E) q- (E) (1) SûLE ætMA MOUNTED ò (P) y STANDOFF W GO4 P6T MN (SEESHT (E) 1?l -2"AGr ORMrellffiE (E) (I) T.MOBILE rcANH.1æ5C AWMIOBEÆPrcEO w (1) NEW *HBq-3E 17TB ¡-WM & {1) NEW *M4515æA1M MOUNTED ON (E) RING MOUNT WNEWSTANWF (Ê) (f ) sÌLE 3CrMA MOUMEOEEHTþÁmM ò {E) (1} rurN SWLE4mrc 8E REPUCEOW(1) NEWmEæM& MOUNIED BEHINOMEM {u651ffAlM I-MOEILE LüSÊAMWMIN WM {AETA T.MOBILE BßÊÔUIPMÉM (E)(t)l{oBlLE ttr-381ñ81,W MOUNTEDON ,.+Ñ\PROPOSED EI{LARGË! 9I]IE PLAT 2àgS$LE:1/2= 1' 11r17 SdÉ:1/¿'= 1' H BUILD¡I{G PERilIT JL DMWNG E€ SUPEFSEæO BV M UÉI FÚil. WNÆOR lF - .Mobile- RIYEBBEND GOLF/GOLF BL sEo4ol9c 269 Ú.IEEE¡ry Hl,TAæ RRISEDFôLÉOffiO B.J.lHOu SrP.E. 75O? AOTH AVE ¡{E ilÂRYSV|LLE, W 9a27O 206¡5t-lt06 PROPOSED ENLARGED STTE PLAII 4.1 .2 sryLE 3C (P) (2)T,MOEILE AMENNAS HBUSlMl.W, (2) dLNX-6515DS-ArM, (E) {1) #8U.41781-WM ,-{E) (2) SÌYLE 3C TMAS e F) {r)SryLE 3C/ TMA MOUNIÊD BÉHINOAWNNAS(Ei (1) Í-MOBIlE ANTENM 6BNH-1MSAENM(ÀLPü), (1) fi axx"3817TB1-VTM ANTENNA, (1)4NX€5t5g1M ANIÊNNA (B€T&DELTA) & (1) 6BN+I6sCANENM (GAMMA) MOUNED ON (Ê) R¡re MOUM STTE 4 TM (BEIA)ANTENNA, (1)(REMOVË (1)rurN SryLE4m) MOUNT WSTANæFFS (E) GOLF NEmre ,. T.MOAILÊ RAOCENER?tl??rÄGt- - TOP OÊ Í-MOBTLE \ffi {MS A rcLE- .r --T-r_a acl r - -\ l-uoare mocmn ,---- -îiör6'aciìf (E) COLF ^ Í.MOAILE RAOCEMÊRttìTt aici- roP oF r-Mo_arLE A,[E Hffi+'*-\ T-uogrLe n¡ocemen ^_-- -- - _119f AGaf 1E) (10)7/8" ROUIEDWIfHIN COMCÆES coM (E) (€) 121-2" AGL DRTVTNG tuGE POE (E) 121 -2'AG! OFtVrre MNGE POLE .!;Ìi.*.ìi'l '.!,,.!.Jã ìì ::::r' {E)f-MOarLÉ LEASE Æil WITHII (E) EOUIPMÊNT SHEITER (E)T wrTHrN (E) -MOAILE LEÆEMEA EAUIPMENISHELER ì ,,"i1 exrsnrc wEsr El-Eyarrorl\¡?/ scALE:Nrs I 2 ÞnoÞosED wEs"f ELEvaTtoil lF . .Mobile' RIVERBEND GOLF/GOLF RL sEo¿ol9c 20rt I tÊÊreFs(E¡r,Ë 9l@ B. J.ÎHOilAS, P.E. 7607 AOTH AVE llE ltÂRYsvtLLE, wa !ra27o 206.a51.1 l06 IJ¡t SITE ELEVATION 4.2 t¡foeulu: 8r stNo{FFM@m(s|EPROrX-Wl (cw To MTCH (E) fl @oot 3'STD aoÍw BMCffi rgeEMCg /Í\ ¡rr¡¡rnr¡n¡cF^rr cr{rEralDEr tLry ¡?r ¡¡r-xr¡ ¡tteclrE¡rÌDEf rLffi Æ\ rxr¡¡¡rroulrFxLEiffi - |.; ry ) Ð lF. -Mobile- NIVERBETID GOLF/GOLF RL sEo40r9c ffiIMæ l¡Fo¡uú* EÊ UJI r¡rc|uru- DOerSæM$NOS.Cffiß@Y GEIIERAL DETA¡LS 4.3 SYIBOL LEGEND:GROUI{DING IIOTES: TT MASER GROUND BÆ 1 /4I4"¿{ æPÆR 1. GROUNDING SALL COMPLY WN hTESTÐITþNOFffi MTIOM! EIECTRIWææ. 2. MINIMUM AENDING RADIUS FOR GBOUNOæNDWOR EA, 3, rcSPLICES PERÍINED IN GrcWO@N(mre, 4. ALL GROUNDING CONNECTOBS fO 8E qUN ND FREE OF PANT AT THEIR MATING SURFACES NO INSIÀUD ER MANUFACÍUFÊRS RECOMMENOAÌION- 6EPENffiXffi E@V{ENIN¡OXIDANT GRæE. 5, AUGROUNDBARCONNECITONSÆTOBE2rcElUG COMPRESSIONIYPE. SIACK€DæNNEqONÆrcI AæEPTÆIE. BACK 10 EACK CONNEfrONS ON OMSIE SIæS OF IHE GÊOUND MR WLLBE PERMMD. 6. ENSURE ALL MÊCMNICAT CONNECTOæÆETOrcUÉDrcfrE MANUFACTURÊR'S SPECIFIæ VALWS. 7. MULTIPLE AONDS ON GROUND ROOSIO BESEPREOBYa[æI6". & UXIMUM NESSTANCE OF ffE COMPLÊED GRMD WM SHIT rcI ËXCEED A FESISTANCE OF 5 OHre TO æft, q GROUNDWRESSHAILNOIEEINSTALEDTroGHHOESINN M€rAl OBJECTS OR SUPPORTS; TO PRECLUE ÉSTÆLtSHtre A THOKSPOIM, IO. GROUNDBARS ShLL NOT AEBEDrcUFIEO 11, GROUNO RING AURNL DEPHSWLBES. 1Z A CERIIÊIED CONBCTOR WIL! MCA[MæWMEMS REAUIREDTO ÍEST IHE GROUNDING YSEMU$re AWæEROR EAUIVAIEM. IHÊ ACGFABLE RESI$ME MæUR€D FOR ffi GROUNOIre SYSEM WLI NOT qCæDSOHMS RESISTAM, THREE DISTANCES SHAI AE USEOj I AT 1m ÊÊÍ, I AT 70 Efl, AND I AT 35 FEET. IHESE OISTNCES ÆE SU&ECTTOA Sre 8Y SITE BÆ¡S- I{OBILÊ.MS SHT! BE GIW 24 rcWS rcNæ. AU COSTS ASSOCIATED WTH GROUNÞ ESNre W!! æ Af BE SPENSE OFTHE CSrurcR. ACCESSORY GruND ffi 1/4\411?OR1/4":{¿f æffi - EPOSEDWRING -___ - UNDERGROUNDWRING t üDwaD . MECHSTCA! CONECnON O t8'x8'coPPERcwsEELcRouNDRoo I =L INSPEMONrcM EXOTHERMIC {CADWLD) ELOW GrcUNO GROUNÞ (P) MECHANTC& COtsNEøþN (SEEGROUNDING NOES BOND FROM (P)NENNNTO (Ê) AGB AT TOP OF rcE DtreCAY BELOW ANIËNMMY (SEE ¡-i\. elscrnlcll-cFou¡rDlrcpL ¡(ú **i.:iå-:- 11i17 Sru:1Æ - 1' lF .'Mobile' Íffi,u @ BIVERBEND GOLF/GOLF RL sEo40l9c ELEGlRICAL GROUNDII{G PLÂN A, ,A B. J.1HOilAS, P.E. 7607 80fH AVE NE HARYSVTLLE, WA9a27O 206.a51-ll06 UJL ry!:Ctf, DOmrseÉÞMwß. ffiÆfffi[L BuSrdSMÆvrsEærmçN E.1 WB HOLE BMCffiÆSlffi COE æLE GROUNdTMWff LONC ilMELCOMTSSdLU6. INSTILED BY æMR HÆGEF GROUNÙNGffi COAru GFOUNDIre ffiErñÐ @PPER WRErcGMM INUÁEO COPPER Sæ rc rcB Af BOÍOMGrcLEA="-*- rñ lYÞrG^L GADWELO GOt tlECnOl.S \€9./ Nrs. TYPICÂL HGB ÏYPICÀL ÀGB /?\ cRouxDB nDHrlrs \59l N.r.s. k mEs €-=\N ME PT <ã-R ME GL *-sè WPE rcr æEW Þ N KR MEW Èw Vz-x MEIA h Þr t-5è m mEd B..1,lltoHÂs, P.E. 7607 AOÍH AYE ¡{E t nYsvtLLE, w !ta27o 206-a5t.lt06 lF . .Mobile- RIYERBE¡ID GOLF/GOLF RL sEo40t9G ffi,üaæ xJI ELECTRICAL GROUI{Dllrc DETAILS E2 9lEE'!qæ!!qs4F ÂNTËIINÀ ÄIID COAX GENERÂL IIôIES: cddG (6) 7A (6) 7/E (6) 7ð fndoøu ICEW ßDnm CEre¡ 1 19Lq AGL ti7?AGt rlgqact 117?AGL 1'gryAGL 1 r7!2'AGr EEñCAI !ryEET tÈo ßo tEcHrru DdMLI TBD T8D lrwil(r¡t c 1m' 24', YE¡q COMMSCOPE coMMSCOË coMMscoE H8XX.381Í81-WM LNX,ff1SS{!M HAXXiElml-W LNX-65 1 S9A1 M HAU-381mr-W LNX-651 ÐS-A1M 40i RÊD YEILOW GREEN WHIE AIUE scM DEITA BflA EPSIlON zÊfA 1, ALLÀNTENNAANDCOAXIALÀNENMCÆLETOBÊFURÑIffiD 8Y T.MOBIIE AND INSTALTEDBYCOMWTOF 2. COAXCOLOR CODING: ÀNTÊNMSTOBENUMBËEOINA CIOCKWSE ilANNER FFOM TRUE NOATHNOCOTOR@DEOAS FOltOrel 3, THE ABOVÊ COg COTOR CODING APLIES IO SEfrORIæDs[Es. ÊoRoMNt srTEs, usÊfHEAr0,BT0,acTOætOF@æS ONIY, 4, COU SHALL BE TAGGED Wfr COIOR @ING AT (2) PUCES USING f WiOE WEATHER PROOF COIOREDVIWLTAPEATTHE FOLIOWre LMTONS: '1 . AÌ ANENNA @NNECIION 12 - AT ENTRY TO EOUIPMEMæINET 5, RUNCOAIALCABLEWITMINIMUMI2'SUCKAI?FROMEDGE oF EOUTPMENT CÆ|ñETS, ACROSS WAVEGUÞE ntæE(F APPIICAELE), UPTOTOWERIEG(IFAæLICßLÊ),&OFNIffi TOÊACHANTENNAOryC€, FURNISHANONSruÀMNIMUMOF (3) GROUNÞ KIS PER COgt& æE rcCOÐtNc TO ELÊCTRICAL O&WNGS. VÊRIFY NUMBEROFNENW, ø4E, & qBLÊ DIAMETEF WlHBOJÊCTiNGER E.æ'']'o* 1 1.9'7.1^ i6i HH 4.9 9-æ' 11.9 g" I ffi 96.4" !9IE 1, ALLCOAXI{ CAAIE CONNECTIONSIOAEWüERP@FEO. 2. CONTMCTOR TO DIP CABLES &O JUMPÊRS MERE NECES$RY, 3, TAGGIre: . AL! COAhL CÆLES rO BE MARKEO WTH CoLOR@ÞTÆTO tNDtùE THE NIENNASECTOR. . COLORED ELEfrRICAI TAPE SHALL MRK EACH END OF ü&E ND hCH END OFJUMPERSASCIOSETOEACHENOÆPOSS8E, IrclTOINEREæWfH WEAfrÊRPRæFING.) 4. COAXAL qALE SPECIFICATIONS REOUIRE CA8LESUPrcMryEry 3'{ONCENER æNTMCÎOR SHAL! SUPPLY SUPPORTS Æ REAUIFEDTOMEETÎHIS REOUIREMENÎ 5. VERTIüT CONNECIIONS SMLT 8E TAPEÐ FRW ftEBOTOM UP SOOWMP MOVES WAER AWAY FSOM CONNÊfrION. (SEESEP4,) 6, PROV'OE HEAT SHRINK IN PWÉ OF TAPE FOR QUD rcLÊS AND T{AS. HSf SHBINK SHALT BÉ'qNU$' WTH ÆHËSIW COililSCOPE AT{TEilI{A DATA xEcuxgl tPEctFgrþit ÞÀÞrñriúÞÈÞffi ELECIRICAL TAPÊ: 3 uEre WtrH ?'TAE ANO !AYERS IN BUTYT (ALSO KNOWNAS MASIIC, SHATL 3ü CONNECTORS 2'1 SIEP I STEP2 sÊP l STÊP4 -i corxrlr.c¡aLEwEÁtHEnpnooFt¡c':äïJ7sffi COHilSCOPE AI{IEIIIIA DAÎA RIVERBE¡{D GOLF/GOLF BL sEo4ot9c gr,ü re BU¡LDTT{G PERHfI B. J. tilOHAS, P.E. 7607 AOTH AVE ilE ilaRYSVTLLE, WÀ 96270 206-A5l-l r06 HJI lF . .Mobile- B ALI OIMÊÑIOS N OISE æMTM6N Effi OisNo oMr$rds a[ mff ff r8ser|É DÈWINôÆÊ SUPEFSEæD SV ru úISRÑSd cuENr rs srñrclY ffiEÍEo RF DETAILS RF.1 cßD Cros band diplexer PCS/AWS ln-bsnd d¡plexer AWS/AW5 Alpha & Deltå Sectoß s3 52 51 s3 s2 s1 r{ú¿1æ} wc1 {rr 1mì Frc: {rÊ 1Sì fÂtg1 {rE21m) rÂt¡2 {lE 21eJ B. J. rHOlrÄS, P.E. H RYSYILLE,WÀ9a2tO 206-A5r 'r t06 lF . .Mobile- RIYERBEXD OOLF/GOLF NL sEo4ot9c ffi,r^'.@ BUILDII{G PERTIT UJI RF DETAILS RF.2 IFdunil: EXHIBIT F INSURANCE REqUIREMENTS lnsurance Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of City of Kent facilities. A. Minimum Scooe of lnsurance Tenant shall obtain insurance of the types described below: L. Commercial General Liability insurance shall be written on lnsurance Services Office (lSO) occurrence form at least as broad as CG 00 01and shall cover premises liability, contractual liability, and products-completed operations liability. The city of Kent shall be named as an additional insured on Tenant's Commercial General Liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 1185 or both CG 20 10 and CG 20 37 forms if later revisions used. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on lnsurance Services Office (lSO) form or a substitute form providing equivalent liability coverage. lf necessary, the policy shall be endorsed to provide contractual liability coverage. B.Minimum Amo of lnsurance Tenant shall maintain the following insurance limits: L. Commercial General Liability insurance shall be written with lim¡ts no less than 55,000,000 each occurrence, 55,000,000 general aggregate, 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 52,000,000 per accident. The coverage amounts set forth may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. C. Other lnsurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: EXHIBIT F (Continued) L. Tenant's insurance coverage shall be primary insurance with respect to the city of Kent for claims arising out of the negligent acts or willful misconduct of Tenant or arising out of Tenant operations. Any lnsurance or self-insurance coverage maintained by the city of Kent shall be excess of the Tenant's insurance and shall not contribute with it except for claims arising out of the negligent acts or willful misconduct of the City. 2. Tenant is contractually obligated to provide at least 30 days prior notice to owner in the event of cancellation of any coverage related to this contract. 3. Tenant's insurance coverage shall be written on an Occurrence basis only Claims made coverage is not acceptable. D. Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A-,Vll. E. Verification of Coverage Tenant shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Tenant. City shall be included as an Additional lnsured. F. Contractors Tenant agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Tenant to perform work on city of Kent property are fully insured to the extent of coverage specified in this Lease. G. Waiver of Subrogation Tenant and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or Tenant's lmprovements. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. H. Citv's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering all applicable city of Kent property. This page intentionally left blank. Agenda Item: Consent Calendar – 8F TO: City Council DATE: November 20, 2018 SUBJECT: 2014 Fee-in-Lieu Reallocation from Springwood to Meridian Glen – Authorize SUMMARY: On June 3 and August 5, 2014, and February 3, 2015, the City Council accepted $34,050 in fee-in-lieu funds from three developers which were allocated for expenditure at Springwood Park. Since accepting the funds, projects intended for Springwood Park have been delayed and will not resume before the five-year fund expenditure deadlines of February 24, April 16 and April 25, 2019. The City must return the funds if they are not used or re-allocated by that date. Planning and design of other park improvements are currently underway, where these funds can still be used to benefit the City. Funds dedicated to Springwood Park in 2014 will be re-allocated toward capital improvements at Meridian Glen Park. EXHIBITS: Copies of Council Acceptance Memos, Copies of Revenue Reports RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Kaur, Larimer NAY: BUDGET IMPACT: Revenue and expense impact of $34,050 to the Community Parks Reinvestment Budget. STRATEGIC PLAN GOAL(S): Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Authorize the Mayor to reallocate $34,050 of fee-in-lieu funds currently allocated to Springwood Park, to Meridian Glen Park for capital improvements, amend the Community Parks Reinvestment Program budget, and authorize expenditure of the funds. This page intentionally left blank. KENT WasHtNGroN A9 enda ltem: Consent TO: City Council DATE: June 3,2014 SUBJECTT 2OL4 First Quarter Fee-in-Lieu Funds - Accept MOTION: Move to accept $161875.95 for the first quarter 2O14 fee-in-lieu funds and authorize the amendment to the community parks reinvestment budget for future expenditures of funds in project budgets. SUMMARY: Between January and March 2Ot4, the City of Kent received a total of $16,875.95 from developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision. $12,000.00 from High Country Malik Ridge LLC of Malik Ridge Plat for Springwood Park. a $4,875.95 from JD 45 LLC of Villa Siena Short Plat for Clark Lake Ordinance 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values, EXHIBITS: Copy of Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACT: Increase revenues and expenditures by $16,875.95 for Clark Lake and Springwood Park through the Community Parks Reinvestment budget in Parks Planning Capital. a R55GA014 GL Dates: 212412014 - 212412014 Acount Number Subledger P20006.56730 Search GL by Account Number __Fef? __ P,e_s_c4!!Lo!_ 1447807 501577 High Country Malik Ridg 10t18t2018 Page: 1 14:38:18 c! 94s_ _ -.qogt _ 2124t2014 JK 155260 Account Total Report Total amgg!t (2,009.09) (12,000.00) .02_0o0.00) 9{q1't 26301 I PO#Vendor or Customer P_c Lr n{ nqg PAA KENT WashrNGrats Age nda ltem: Consent Calendar - 7I TO: DATE: SUBJECT: City Council August 5,2014 2Ot4 Second Quarter Fee-in-Lieu Funds - Accept MOTION: Accept $L9A25 for fee-in-lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. SUMMARY: Between April and June 2014 the City of Kent received a total of $I9,425 from the following developers, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single-family homes in local subdivisions. The funds will be used at the park locations as noted below. . Green Tree Park: $9,000 from Soundbelt NWKurt Wilson. Springwood Park: $tO,425 from Forest Ridge Court II EXHIBITS: Copy of Revenue Repoft RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Revenue increase of $9,000 to Green Tree Park budget and $tO,425 to Springwood Park budget. R55GA014 GL Dates: 411612014 - 411612014 Acount Number Subledger GL Date Doc # P20006.56730 4t16t2014 JK156224 Account Total Report Total Search GL by Account Number PO#Ref 2 1448876 Description 513281 Forest Ridge Court li Vendor or Customer 10t18t2018 Page: 1 14:40:56 Batch # 268711 Amount (0,4?5:gg) (10,425.00) (_0-4_2_5_0_0J PC LT R/V Rec PAA KENT WASBINGToN Agenda ltem: Consent Calendar - 7F TO: DATE: SUBJECT: a City Council February 3, 2015 2Ot4 Fourth Quarter Fee-in-Lieu Funds - Accept MOTION: Accept $11,625.OO for Fee-in-Lieu-of funds, amend the Community Parks Reinvestment Program budget and approve future expenditures. SUMMARY: Between October and December 2OI4 the City of Kent received a total of $11,625.00 from the following developer, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. Springwood Park: $11,625.00 from Jarnail Singh EXHIBITS: Copy of Revenue Repoft RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Revenue and expense of $11,625.00 impacts the Community Parks Reinvestment Program Budget. R55GA014 GL Dates; 1112512014 - 1112512014 Search GL by Account Number Amount PO# Ref2 10t18t2018 Page: 1 14:42'.23 R/V Recfcoul!_!gm!91 P20006.56730 Su!ledger GL Date Doc # 11t25t2014 JK 159807 Account Total Report Total _(1F3!:00.) (11,625.00) .... _,.!,L_045.00) Batch # 291880 Descri ption 14-53386 564469 Jamail Singh Vendor or Customer PC Lr PAA Agenda Item: Consent Calendar – 8G TO: City Council DATE: November 20, 2018 SUBJECT: 2018 Third Quarter Fee-in-Lieu – Authorize SUMMARY: Between July and September 2018 the City of Kent received $25,075.50 from Navdeep Gill, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of homes in a local subdivision. These funds will be held in a reserve account for capital improvements at Springwood Park and must be expended within five years. • Navdeep Gill: subdivision into 19 lots in the 27900 block of 144th Avenue SE; $25,075.50 at Springwood Park EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Kaur, Larimer NAY: BUDGET IMPACT: Revenue and expense impact of $25,075.50 to the Community Park Reinvestment Program budget. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Authorize the Mayor to accept $25,075.50 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Springwood Park. This page intentionally left blank. R55GA014 GL Dates: 71112018 - 913012018 Acount Number Search GL by Account Number 10t1t2018 Page: 1 14:37'.49 PC LT R/V Rec PAAP20006.56730 Subledger 9L_9?!e Doc # 7t9t2018 JK 182574 Account Total Report Total Amount PO# (25,075.50) qelgliplion 909438 Gill, Navdeep Vendor or CustomerB_alch # 446134 Ref2. 1 8-96045 (2s,075.50) _ J25,07_5,50) This page intentionally left blank. Agenda Item: Consent Calendar – 8H TO: City Council DATE: November 20, 2018 SUBJECT: Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey – Authorize SUMMARY: This is an on-going partnership with the city of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2019, the city of Kent will contribute $79,560 to the total annual program costs of $121,120 with the USGS and the city of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of city design of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations at real-time. The stream flow measured at the gage at Rock Creek and Kent-Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criteria to determine the City’s augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?type=flow. EXHIBITS: Joint Funding Agreement for Water Resources Investigations RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: N/A BUDGET IMPACTS: Water Utility (Rock Creek gages) and Stormwater Utility (Green River, Mill and Springbrook gages). STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. ☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. This page intentionally left blank. Form 9-1366 (May 2018) U.S. DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY Date October 1,2018 Customer #: Agreement # Project #: TIN #: Fixed Cost Agreement 6000000723 1 gYGJFAOgSOO YGOOHl U 91-6001254 Yes JOINT FUNDING AGREEMENT FOR WATER RESOU RC ES INVESTIGATIONS THIS AGREEMENT is entered into as of the, I day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Gity of Kent, party of the second part. L The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of streamgaging stations at the Green River, and Springbrook Mill and Rock Greek, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes ln-Kind Services in the amount of $ (a) by the party of the first part during the period Amount $4{,560 to to Date September 30, 2019 Date September 30, 2019 (b) by the party of the second part during the period Amount Date $79,560 October 1,2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $N/A Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 9-i366 (Gontinuation) Customer #: 6000000723 Agreement #: 19YGJFA09800 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2. usqs. qov/fsp/). L Billing for this agreement will be rendered: QUARTERLY. lnvoices not paid within 60 days from the billing date will bear lnterest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. S 3717)established by the U.S. Treasury. Name: Address: Telephone: Email: Org Code: U.S. GeologicalSurvey United States Department of the Interior USGS Point of Contact Mark Mastin 934 Broadway, Suite 300 Tacoma, WA 98402 253-552-1609 mcmastin@usgs.gov GGWNYGOOOO Name: Address Telephone: Email: Signature Date: Name: Title: Signature: Date: Name: Title: Name of Gustomer Gity of Kent Gustomer Point of Gontact Mike Mactutis 220 4th Ave S Kent, WA 98032 253-856-5520 mmactutis@kentwa.gov Signature and Date:Signature and Date Signature: Date: Name: Title: Ja.-&-t? Cynthia Barton, PhD, LHG, LG Center Director Agenda Item: Consent Calendar – 8I TO: City Council DATE: November 20, 2018 SUBJECT: Goods and Services Agreement with Univar USA, Inc. for Water Treatment Chemical Supplies for 2019 - Authorize SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water which is provided to the City’s water customers. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: N/A BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost planned for in the Water Utility operating budget. STRATEGIC PLAN GOAL(S): Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. MOTION: Authorize the Mayor to sign the 2019 Water Treatment Chemical Supply Agreement with Univar USA Inc. for 25% Sodium Hydroxide, in an amount not to exceed $115,768.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Univar USA Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Univar USA Inc. organized under the laws of the State of Illinois, located and doing business at 8201 S 212th St. Kent, WA 98032, Phone: (253) 872-5000, Contact: Jennifer Perras (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 9, 10 and 12) according to the bid proposal submitted October 12, 2018 , which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Fifteen Thousand, Seven Hundred and Sixty-Eight Dollars ($115,768.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Compensation of up to $115,768.00 is based on an estimated annual need. Actual need may vary as follows: Item 9: zero to 96,000 gals. Item 10: zero to 12,000 gals. Item 12: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $115,768.00 and be based on the exact quantity of chemicals ordered by the City. The Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additi onal costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these add itional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By th eir execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A n amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict acc ordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work . In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the origin al warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable ti me as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor 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. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from an y and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's neg ligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assign ment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Ve ndor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict wi th any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future beco me applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Jennifer Perras Univar USA Inc. 8201 S 212th St. Kent, WA 98032 (253) 872-5000 (telephone) (253) 572-5041 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ WATER TREATMENT CHEMTCAL SUppLy FOR 2919 PROPOSAL FORM i The- undersigned hereby proposes to provide all equipment, labor, ñlâperform the service as specified in this contract (see Special provisio followíng fees: terials and supplies to 1.4 & 1.6) for the Bidder's Name: Univar USA lnc. Item Estlmated Annual Description 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB Pump Station #5 9 96,000 GALS* B¡d Unit BULK GAL. Total $ 9s,BoB.oo$ooçr Total $95,808.00 xËstimated annual need is 96,000 Gals. Actual need may vary Univar USA lnc. Company Submitting proposal ed Signature term(s),ñfote: contractor must submit a flrm proposal for the contract EXHIBIT A WATER TREATMENT CHEMICAL SUPPLY FOR 2 PROPOSAL FORM 019 erials and supplies to rs 1.4 & 1.6) for the The- undersigned .hereby proposes to provide ail equipment, rabor, malperform the service as specified in this contract (see Special provisior following fees: Bidder's Name:Univar USA lnc. Item Estimated Annual Description B¡d Unit Unit P¡ices Total t0 12,000 GALS* 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB East Hill Well $.gga BULK GAL. l $ t t,9zo.oo ïotal $1 1,976.00 *Estimated annual need is 12,000 Gals, Actual need may vary. Univar USA lnc. C ompany SubmÍtting proposal Au zed Signature ìlvofe; contractor must submit a firm proposar for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, ffrãperform the service as specified in this contract (see Special provisio following fees: 19 ls and supplíes' to 1,4 & 1.6) for the Bidder's Name: Univar USA lnc. ïtem Estimated Annual Descrlption 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB Guiberson Corrosion Facility Bid Unit BULK GAL. Total $ 2,98¿.oo ce5 12 8,000 GALSX $ Total *Estimated annual need is 8,000 Gals. Actual need may vary 7,984.00 Univar USATPãrfà EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Agenda Item: Consent Calendar – 8J TO: City Council DATE: November 20, 2018 SUBJECT: GIS Enterprise Licensing Agreement with ESRI – Authorize SUMMARY: From the early nineties the GIS Group’s GIS software licensing was managed out of the IT Department until the GIS Supervisor assumed management in 2017. The licenses were a complicated use of many single seats (one license per computer) and this strategy was difficult to manage. The City had more than 38 ESRI GIS licenses to keep track of, which included updating or deactivating licenses once a computer was decommissioned/replaced or city staff separated. The impetus for the Enterprise Agreement (EA) with ESRI was the cost of the city managing all these licenses at approximately $57,000.00 in 2018 and this total was growing yearly. As the use of GIS technology grows at the City with mobile Collector apps, online web applications, the new asset management software City Works, and new IT systems coming on board that use GIS as their foundation, the licensing needs are growing proportionally. An EA will allow the GIS department to organize and give access to ArcGIS software to our corporate users along with timely and expert assistance from ESRI. Managing the licenses individually as in the past is inefficient and results in costs totaling more than an EA. The EA licensing will lower the costs over time. The attached agreements have been compiled and reviewed in a joint effort by ESRI and the City Attorney’s Office. EXHIBITS: 1. ESRI Master Agreement No. 335623 2. ESRI Small Enterprise Agreement-County & Municipality Government No. 335621 3. Detailed Staff Summary, Analysis & Strategy Supporting EA RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: N/A BUDGET IMPACTS: The 3-year agreement is funded through IT’s Maintenance and Operations Fund, beginning in 2019. STRATEGIC PLAN GOAL(S): ☒ 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. MOTION: Authorize the Mayor to sign the Enterprise Agreement for GIS Software licensing between the city of Kent and Environmental Systems Research Institute upon concurrence of the language therein of the ESRI Master Agreement No. 335623 and ESRI Small Enterprise Agreement, County & Municipality Government No. 335621, with terms and conditions acceptable to the Public Works Director and City Attorney. This page intentionally left blank. Master Agreement E204CW Page 1 of 16 March 30, 2018 Agreement No. 335623 This Master Agreement ("Agreement") is between the entity shown below ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"), a California corporation with a place of business at 380 New York Street, Redlands, California 92373-8100 USA. This Agreement is the sole and entire agreement of the parties as to the subject matter of this Agreement and supersedes any previous agreements, understandings, and arrangements relating to such subject matter. Neither party has relied on any statement, representation, or warranty not expressly stated in this Agreement. The Agreement comprises this signature page, the terms and conditions that begin on the following page, and all referenced attachments. Except for Product or Service descriptions, quantities, pricing, and delivery instructions, or as agreed in an Ordering Document signed by both parties, all terms included in any Ordering Document are void and of no effect. Any modification(s) or amendment(s) to this Agreement must be in writing and signed by both parties. The parties may sign this Agreement in counterparts or via electronic signatures; such execution is valid even if an original paper document bearing both parties' original signatures is not delivered. This Agreement is executed and effective as of the last date signed below. The authorized representatives of each party accept and agree to the terms of this Agreement by signing below: CITY OF KENT ENVIRONMENTAL SYSTEMS RESEARCH (Customer) INSTITUTE, INC. (Esri) Legal Address: 380 New York Street, Redlands, CA 92373-8100 By: ExternalSignature1 By: InternalSignature1 Authorized Signature Authorized Signature Printed Name: ExternalName1 Printed Name: InternalName1 Title: ExternalTitle1 Title: InternalTitle1 Date: ExternalDate1 Date: InternalDate1 Customer Contact Information Contact: Telephone: Address: Fax: City, State, ZIP: Email: E204CW Page 2 of 16 March 30, 2018 Attachment A contains definitions of capitalized terms used throughout this Agreement. Each section of this Agreement may include additional definitions that are used exclusively within that section. 1.0 GENERAL GRANT OF RIGHTS AND RESTRICTIONS 1.1 Grant of Rights. In consideration of Customer's payment of all applicable fees and in accordance with this Agreement, Esri a. Provides Services as set forth in this Agreement; b. Grants to Customer a nonexclusive, nontransferable right and license or subscription to access and use Esri Offerings as set forth in the Specifications and applicable Ordering Documents; and c. Authorizes Customer to copy and make derivative works of the Documentation for Customer's own internal use in conjunction with Customer's authorized use of Esri Offerings. Customer will include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors in any derivative work: "Portions of this document include intellectual property of Esri and its licensors and are used under license. Copyright © [Customer will insert the actual copyright date(s) from the source materials.] Esri and its licensors. All rights reserved." The grants of rights in this section (i) continue for the duration of the subscription or applicable Term or perpetually if no Term is applicable or identified in the Ordering Documents and (ii) are subject to additional rights and restrictions in this Agreement including Attachment B. 1.2 Consultant or Contractor Access. Customer may authorize its consultants or contractors to (i) host Esri Offerings for Customer's benefit and (ii) use Esri Offerings exclusively for Customer's benefit. Customer will be solely responsible for its consultants' and contractors' compliance with this Agreement and will ensure that each consultant or contractor discontinues use of the Esri Offerings upon completion of work for Customer. Access to or use of Esri Offerings by consultants or contractors that is not exclusively for Customer's benefit is prohibited. 1.3 Reservation of Rights. All Esri Offerings are the copyrighted works of Esri or its licensors; all rights not specifically granted in this Agreement are reserved. 1.4 Trial, Evaluation, and Beta Licenses. Products acquired under a trial or evaluation license or subscription or under a Beta program are intended for evaluation and testing purposes only and not for commercial use. Any such use is at Customer's own risk, and the Products do not qualify for Maintenance. If Customer does not convert to a purchased license or subscription prior to the expiration of the evaluation term, Customer may lose any Customer Content and customizations made during the evaluation term. If Customer does not wish to purchase a license or subscription, Customer should export such Customer Content before the end of Customer's evaluation period. 1.5 Educational Programs. Customer agrees to use Esri Offerings provided under an educational program solely for educational purposes during the educational use Term. Customer shall not use Products for any Administrative Use unless Customer has acquired an Administrative Use license. "Administrative Use" means administrative activities that are not directly related to instruction or education, such as asset mapping, facilities management, demographic analysis, routing, campus safety, and accessibility analysis. Customer shall not use Products for revenue-generating or for-profit purposes. 1.6 Grant Programs. Customer may use Esri Offerings provided under a grant program for noncommercial purposes only. Except for cost recovery of using and operating the Esri Offerings, Customer shall not use Esri Offerings for revenue-generating or for-profit purposes. 1.7 Other Esri Limited-Use Programs. If Customer acquires Esri Offerings under any limited-use program not listed above, Customer's use of the Esri Offerings may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri's website in addition to the nonconflicting terms of this Agreement. E204CW Page 3 of 16 March 30, 2018 2.0 SOFTWARE 2.1 License Types. Esri licenses Software under the following license types; the Documentation and Ordering Documents identify which license type(s) applies to the ordered Software: a. Concurrent Use License. Customer may install and use the Software on computer(s) on a network, but the number of simultaneous users may not exceed the number of licenses acquired. A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support. b. Deployment License. Customer may incorporate ArcGIS Runtime components in Value-Added Applications and distribute the Value-Added Applications to Customer's end users. c. Deployment Server License. Customer may use the Software under a Server License for all uses permitted in the Agreement and as described in the Documentation. d. Development Server License. Customer may use the Software under a Server License only to build and test Value-Added Applications as described in the Documentation. e. Development Use. Customer may install and use the Software to build and test Value-Added Applications as described in the Documentation. f. Dual Use License. Customer may install the Software on a desktop computer and use it simultaneously with either a personal digital assistant (PDA) or handheld mobile computer as long as the Software is only used by a single individual at any time. g. Failover License. Customer may install Software on redundant systems for failover operations, but the redundantly installed Software may be operational only during the period the primary site is nonoperational. Except for system maintenance and updating of databases, the redundant Software installation(s) will remain dormant while the primary site (or any other redundant site) is operational. h. Redistribution License. Customer may reproduce and distribute the Software provided that 1. Customer reproduces and distributes the Software in its entirety; 2. A license agreement that protects the Software to the same extent as this Agreement accompanies each copy of the Software, and the recipient agrees to the terms and conditions of the license agreement; 3. Customer reproduces all copyright and trademark attributions and notices; and 4. Customer does not charge a fee to others for the use of the Software. i. Server License. Customer may install and use the Software on a server computer. Server Licenses may be subject to a limited number of server cores or distributed deployment on multiple servers as described in the Ordering Documents or Documentation. If the Software description includes failover use, each Server License includes a Failover License. j. Single Use License. Customer may permit a single authorized end user to install and use the Software on a single computer. Customer may permit the single authorized end user to install a second copy for the end user's exclusive use on a second computer as long as only 1 copy of Software is in use at any time. No other end user may use Software under the same license at the same time for any other purpose. k. Staging Server License. Customer may use the Software under a Server License to build and test Value- Added Applications and map caches; conduct user acceptance, performance, and load testing of other third- party software; stage new commercial data updates; and conduct training activities as described in the Documentation. Customer may use Value-Added Applications and map caches with Development and Deployment Server Licenses. 2.2 Permitted Uses a. Customer may 1. Install, access, or store Software and Data on electronic storage device(s); 2. Make archival copies and routine computer backups; 3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed 6 months, provided that the deployment of either version does not exceed Customer's licensed quantity; thereafter, Customer will not use more Software in the E204CW Page 4 of 16 March 30, 2018 aggregate than Customer's total licensed quantity. This concurrent use right does not apply to Software licensed for Development Use. 4. Move the Software in the licensed configuration to a replacement computer; 5. Distribute Software and any associated Authorization Codes required for use of a Deployment License to third parties; and 6. Use server Software for Commercial ASP Use only if Customer has procured a Commercial ASP Use license or is a governmental or not-for-profit organization that operates a website or offers an Internet service on a cost-recovery basis and not for profit. b. Customer may customize Software using any macro or scripting language, APIs, or source or object code libraries but only to the extent that such customization is described in Documentation. c. Customer may use all fonts provided with the Software for any authorized use of the Software. Customer may also use Esri fonts separately to print any output created by the Software. Any use restrictions for third-party fonts included with the Software are set forth in the font file itself. d. Esri publishes Product-specific Software terms of use at http://www.esri.com/legal/scope-of-use. 3.0 ONLINE SERVICES 3.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Anonymous Users" means all who have public access (i.e., without having to provide a Named User Credential) to any part of Customer Content or Value-Added Applications. Customer may enable Anonymous Users to access Customer Content or Value-Added Applications by publishing them through the use of the Sharing Tools, included with Customer's authorized use of the Online Services. b. "App Login Credential(s)" means a system-generated application login and associated password, provided when registering a Value-Added Application with ArcGIS Online, which when embedded in a Value-Added Application allows the Value-Added Application to access and use of Online Services. c. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document. d. "Sharing Tools" means publishing capabilities included with Online Services and ArcGIS Website that allow Customer to make Customer Content and Value-Added Applications available to third parties or Anonymous Users. 3.2 Online Services Descriptions. Esri publishes Online Services subscription-specific terms of use at http://www.esri.com/legal/scope-of-use. Use of Online Services is also subject to the Cloud Services terms found in Attachment B. 3.3 Access to Value-Added Applications a. Named Users have unique, individual login credentials. Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users. b. Customer may use its Online Services subscription to build Value-Added Applications for internal use by Named Users in accordance with the published Online Services descriptions. c. Customer may transfer Value-Added Applications to any third party for use in conjunction with the third party's own Online Services subscription. d. Customer may not add third parties as Named Users to Customer's Online Services subscription. This restriction does not apply to third parties included within the definition of Named Users. e. Customer may not provide a third party with access to ArcGIS Online Services enabled through Customer's ArcGIS Online subscription other than through Customer's Value-Added Applications. This restriction does not apply to third parties included within the definition of Named Users. f. Customer may enable Anonymous Users to access Customer's Value-Added Applications running under Customer's own subscription, subject to the following terms: 1. Customer may charge for such access under subscription types that permit use for commercial retail business purposes. 2. Customer may embed an App Login Credential into Value-Added Applications to enable public use by Anonymous Users but may not embed a Named User Credential. E204CW Page 5 of 16 March 30, 2018 3. Customer is responsible for all Service Credits consumed in Anonymous Users' use of Customer's Value- Added Applications. 4. Customer is solely responsible for providing technical support for Customer's Value-Added Application(s). 5. Customer may not enable Anonymous Users to access Value-Added Applications that are intended for Customer's internal use only; Value-Added Applications used internally require each user to use Named User login credentials. 3.4 Customer's Responsibilities a. Customer is solely responsible for the development and operation of Customer Content and Value-Added Applications and for its Named Users' compliance with this Agreement. Customer and its Named Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through Customer's subscription. Named Users' login credentials are for designated Named Users only and may not be shared with other individuals. Customer may reassign a Named User License if the former Named User no longer requires access to Online Services. b. Customer must include attribution acknowledging that its application uses Esri Online Services, if attribution is not automatically displayed through the use of Online Services. Guidelines are provided in the Documentation. c. Customer will ensure that Customer Content is suitable for use with Online Services and will maintain regular offline backups using the Online Services export and download capabilities. 3.5 Modifications of Online Services. Esri may change Online Services and associated APIs at any time, subject to 30 days' notice of material changes and 90 days' notice for deprecations. If any modification, discontinuation, or deprecation of Online Services causes a material, adverse impact to Customer's operations, Esri may, at its discretion, attempt to repair, correct, or provide a workaround for Online Services. If a viable solution is not commercially reasonable, Customer may cancel its subscription to Online Services, and Esri will issue a prorated refund. 3.6 Subscription Fee Changes. Esri may change fees for subscriptions with a term greater than 1 month by notifying Customer at least 60 days prior to expiration of the then-current subscription term. Esri may change monthly subscription fees upon 30 days' notice. This section does not apply to the fee set forth in Esri quotation 20532298. 3.7 Sharing Customer Content. If Customer elects to share Customer Content using Sharing Tools, then Customer acknowledges that Customer has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Customer Content through Online Services. Esri is not responsible for any loss, deletion, modification, or disclosure of Customer Content resulting from use or misuse of Sharing Tools or Online Services, Customer Content, ArcGIS Website, Documentation, or related materials. Customer's use of Sharing Tools is at Customer's sole risk. 3.8 Limits on Use of Online Services, Service Credits. Each Online Services subscription includes Service Credits as described in the applicable Ordering Document. Each Service Credit entitles Customer to consume a set amount of Online Services, the amount varying depending on the Online Services that Customer is using. As Customer consumes Online Services, Service Credits are automatically debited from Customer's subscription, up to the maximum number of Service Credits available. Customer may purchase additional Service Credits as needed. Esri will notify Customer's subscription account administrator when Customer's Service Credit consumption reaches approximately 75 percent of the Service Credits allocated to Customer through Customer's subscription. Esri reserves the right to suspend Customer's access to Online Services that consume Service Credits when Customer has consumed all its Service Credits. Esri will promptly restore Customer's access to its Online Services once Customer has purchased additional Service Credits. E204CW Page 6 of 16 March 30, 2018 4.0 DATA 4.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Business Listing Data" means any dataset that includes a list of businesses and may include other associated business attributes. b. "Esri Content Package(s)" means a digital file containing ArcGIS Online basemap content (e.g., raster map tiles, images, vector data) extracted from the ArcGIS Online basemap services. c. "Street Data" means Data that includes or depicts information about roads, streets, and related features. 4.2 Permitted Uses a. Unless otherwise authorized in writing, Customer may only use Data with the Products for which Esri has provided the Data. b. Customer may include representations of the Data in hard-copy or static, electronic format (e.g., PDF, GIF, JPEG) in presentation packages, marketing studies, or other reports or documents containing map images or data summaries derived from the use of Esri Products to third parties subject to restrictions set forth in this Agreement, provided that Customer affixes an attribution statement to the Data representations acknowledging Esri or its applicable licensor(s) as the source of the portion(s) of the Data used for the Data representation. c. Customer may take ArcGIS Online basemaps offline through Esri Content Packages and subsequently deliver (transfer) them to any device for use with licensed ArcGIS Runtime applications and ArcGIS Desktop. Customer may not otherwise cache or download such Data. d. Esri does not acquire any rights in Customer Content under this Agreement. 4.3 Use Restrictions a. Customer may not act directly or authorize its customers to cobrand Data, use the Data in any unauthorized service or product, or offer Data through or on behalf of any third party. b. Customer may not use or allow third parties to use Data for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party. c. Business Listing Data. Unless authorized in writing, Customer may not use Business Listing Data for any direct marketing purposes, resale publication, or distribution to any third party as part of any mailing list, directory, classified advertising, or other compilation of information. d. Street Data. Customer may use Street Data for mapping, geocoding, routing, and transportation network analysis purposes. Unless otherwise authorized in writing, Customer may not use Street Data for 1. Real-time navigational guidance, including alerting a user about upcoming maneuvers, such as warning of an upcoming turn or calculating an alternate route if a turn is missed; 2. Synchronized multivehicle routing; or 3. Synchronized route optimization. e. Business Analyst Data. Customer may cache Data provided with ArcGIS Business Analyst Mobile App on a mobile device for use in conjunction with its use of ArcGIS Business Analyst Server. Customer may not otherwise cache or download such Data. f. Partial Dataset Licenses. If Customer orders a subset of a dataset (for example, a country, region, state, or local portion of a global database), Customer may use only the licensed subset, not any other portion of the full dataset. g. Esri MapStudio Data. Customer may create, publicly display, and distribute maps in hard-copy or static electronic format for news-reporting purposes only. h. Michael Bauer Research International Boundaries Data ("MBR Data"). Customer's right to use data downloaded to the Customer's premises (e.g. MBR Data stored in ArcGIS Enterprise, ArcGIS Desktop) terminates 2 years after download.  E204CW Page 7 of 16 March 30, 2018 4.4 Supplemental Terms and Conditions for Data. Certain Data licensors require Esri to flow down additional attribution requirements and terms of use to Customer. These terms supplement and amend the terms of this Agreement and are available at www.esri.com/legal/third-party-data. 5.0 MAINTENANCE. Esri will provide Maintenance for Software and Online Services in accordance with the Esri Maintenance and Support Program and this Agreement. E204CW Page 8 of 16 March 30, 2018 ATTACHMENT A GLOSSARY OF TERMS The following glossary of terms applies to all Esri Offerings and Services that Esri may provide to its customers. Certain Esri Offerings or Services may not be within the scope of this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. "API" means application programming interface. "ArcGIS Website" means www.arcgis.com and any related or successor websites. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, user name and password, or other mechanism required for use of Esri Offerings. "Beta" means any alpha, beta, or other prerelease version of a Product. "Cloud Services" means Online Services. "Commercial ASP Use" means use as a commercial application service provider, that is, to generate revenue by providing access to Software or Online Services through a Value-Added Application, for example, by charging a subscription fee, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue. "Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, graphics components, icons, software, and other resources. "Customer Content" means any Content that Customer provides, uses, or develops in connection with Customer's use of Esri Offerings or Services, including Value-Added Applications. Customer Content excludes any feedback, suggestions, or requests for improvements that Customer provides to Esri. "Data" means any commercially available digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes, that Esri bundles with other Esri Offerings or delivers independently. "Documentation" means all user reference documentation that Esri provides with an Esri Offering. "Esri Offering(s)" means any Product or Documentation. Esri Offerings exclude Services and Third-Party Content. "GIS" means geographic information system. "Maintenance" means a subscription program that Esri provides and that entitles Customer to Product updates and other benefits such as access to technical support and self-paced, web-based learning resources. "Malicious Code" means software viruses; worms; time bombs; Trojan horses; or any other computer code, files, denial of service, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. "Named User(s)" is Customer's employee, agent, consultant, or contractor to whom Customer has assigned a unique secure named user login credential (identity) enabling access to a Product that requires such identity to access identity-managed capabilities within a Product for Customer's exclusive benefit. For educational use, Named Users may include registered students. "Named User Credential(s)" means an individual person's login and associated password enabling that person to access and use Products. "Named User License" means the right for a single Named User to use a specific Esri Offering. E204CW Page 9 of 16 March 30, 2018 "Online Services" means any commercially available, Internet-based geospatial system that Esri provides, including applications and associated APIs for storing, managing, publishing, and using maps, data, and other information. Online Services exclude Data and Content. "Ordering Document(s)" means a sales quotation, Maintenance renewal quote, purchase order, proposal, or other document identifying the Esri Offerings, updates, or Services that Customer orders. "Perpetual License" means a license to use a version of the Esri Offering for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Customer as authorized under this Agreement. "Personal Use" means personal, noncommercial use by an individual Customer. Personal Use excludes use for the benefit of any third party, including commercial, educational, governmental, or nonprofit entities. "Product(s)" means Software, Data, and Online Services. "Sample(s)" means sample code, sample applications, add-ons, or sample extensions of Products. "Service(s)" means Maintenance. "Software" means any proprietary commercial off-the-shelf software, excluding Data, accessed or downloaded from an Esri-authorized website or that Esri delivers on any media in any format including backups, updates, service packs, patches, hot fixes, or permitted merged copies. "Specification(s)" means the Documentation for Software and Online Services. "Term License" means a license for use of an Esri Offering for a limited time period ("Term"). "Third-Party Content" means any Content that Customer may obtain from a third-party website or that persons other than Esri employees, suppliers, or contractors may directly contribute to Esri's website. "Value-Added Application(s)" means an application developed by Customer for use in conjunction with the authorized use of any Software, Data, or Online Services. E204CW Page 10 of 16 March 30, 2018 ATTACHMENT B GENERAL TERMS AND CONDITIONS The following general terms and conditions apply to all Esri Offerings and Services that Esri may offer to its customers. Certain Esri Offerings or Services may not be available under this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. ARTICLE 1—GENERAL USE RESTRICTIONS Except as expressly permitted in this Agreement, Customer will not a. Sell, rent, lease, sublicense, distribute, lend, time-share, or assign Esri Offerings; b. Distribute or provide direct access to Esri Offerings to third parties, in whole or in part, including, but not limited to, extensions, components, or DLLs; c. Distribute Authorization Codes to third parties; d. Reverse engineer, decompile, or disassemble any Product delivered in compiled form; e. Make any attempt to circumvent the technological measure(s) that controls access to or use of Esri Offerings; f. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Esri Offerings in violation of Esri's or a third-party's rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, or any other applicable law or regulation; g. Remove or obscure any Esri or its licensors' patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Esri Offerings, output, metadata file, or online or hard-copy attribution page of any Data or Documentation; h. Unbundle or independently use individual or component parts of Esri Offerings; i. Incorporate any portion of Esri Offerings into a product or service for third-party use that competes with the Esri Offerings; j. Publish or in any other way communicate the results of benchmark tests run on Beta Products without the prior written permission of Esri and its licensors; or k. Use, incorporate, modify, distribute, provide access to, or combine any Esri Offerings in a manner that would subject any part of the Esri Offerings to open-source or open-database license terms that require any part of the Esri Offerings to be: 1. Disclosed in source code form to third parties; 2. Licensed to third parties for the purpose of making derivative works; or 3. Redistributable to third parties at no charge. These restrictions will not apply to the extent that they conflict with applicable law or regulation. ARTICLE 2—TERM AND TERMINATION 2.1 Customer may terminate this Agreement or any Esri Offerings license or subscription at any time upon written notice to Esri. Termination without cause does not entitle Customer to receive any refund of fees paid. Any right to terminate pending Services engagements for convenience is set forth in the applicable section in the body of this Agreement. Either party may terminate this Agreement or any license or subscription for a material breach that is not cured within 30 days of written notice to the breaching party. Upon any termination of this Agreement for breach, Esri will stop providing Services. Any licenses in Esri Offerings that survive termination of this Agreement continue under the terms of this Agreement. 2.2 If Esri terminates this Agreement following Customer's breach, then Esri may also, at its election, terminate Customer's licenses or subscriptions in Esri Offerings. If Customer terminates this Agreement for cause or convenience, then Customer may, at its election, also terminate Customer's licenses or subscriptions to Esri Offerings. 2.3 Upon any termination of a license or subscription, Customer will a. Stop accessing and using the terminated Esri Offerings; b. Clear any client-side data cache derived from the terminated Cloud Services; and E204CW Page 11 of 16 March 30, 2018 c. Stop using and uninstall, remove, and destroy all copies of affected Esri Offerings in Customer's possession or control, including any modified or merged portions thereof, in any form, and execute and deliver evidence of such actions to Esri or its authorized distributor. ARTICLE 3—LIMITED WARRANTIES AND DISCLAIMERS 3.1 Limited Warranties. Except as disclaimed below, Esri warrants to Customer that (i) Products will substantially comply with the applicable Specifications and (ii) Services will substantially conform to the professional and technical standards of the industry. The warranty period for Esri Offerings and Services offered under a Perpetual License runs for 90 days from the date of delivery or from the date of acceptance if this Agreement provides an acceptance period. The warranty period for Esri Offerings and Services offered under a subscription or Term License basis runs for the lesser of (i) the duration of the subscription or term or (ii) 90 days from delivery or acceptance if this Agreement provides an acceptance period. 3.2 Special Disclaimer. Third-Party Content; Data; Samples; hot fixes; patches; updates; Online Services provided at no charge; and trial, evaluation and Beta Products are delivered "as is" and without warranty of any kind. 3.3 General Disclaimer. Except for the express limited warranties set forth in this Agreement, Esri disclaims all other warranties or conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights. Esri is not responsible for any nonconformities caused by Customer's modification of any Esri Offering other than as specified in the Documentation. Esri does not warrant that Esri Offerings, or Customer's operation of the same, will be uninterrupted, error free, fault tolerant, or fail-safe or that all nonconformities can or will be corrected. Esri Offerings are not designed, manufactured, or intended for use in environments or applications that may lead to death, personal injury, or physical property or environmental damage. Customer should not follow any navigational route suggestions that appear to be hazardous, unsafe, or illegal. Any such uses will be at Customer's own risk and cost. 3.4 Disclaimers a. Internet Disclaimer. Neither party will be liable for damages under any theory of law related to the performance or discontinuance of operation of the Internet or to regulation of the Internet that might restrict or prohibit the operation of Cloud Services. b. Third-Party Websites; Third-Party Content. Esri is not responsible for any third-party website or Third- Party Content that appears in or is referenced by Esri Offerings or Esri websites, including www.esri.com and www.arcgis.com. Providing links to third-party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind. 3.5 Exclusive Remedy. Customer's exclusive remedy and Esri's entire liability for breach of the limited warranties in this section will be to replace any defective media and to (i) repair, correct, or provide a workaround for the applicable Esri Offering or Services or (ii) at Esri's election, terminate Customer's right to use and refund the fees paid for Esri Offerings or Services that do not meet Esri's limited warranties. ARTICLE 4—LIMITATION OF LIABILITY 4.1 Disclaimer of Liability. Neither Customer, Esri, nor any Esri distributor or licensor will be liable for any indirect, special, incidental, or consequential damages; lost profits; lost sales; loss of goodwill; costs of procurement of substitute goods or services; or damages exceeding two times (i) the fee set forth in Esri quote 20532298 for Esri Offerings provided under that quote, or (ii) the applicable license or current subscription fees paid or owed to Esri for the Esri Offerings, not provided under Esri quote 20532298, giving rise to the cause of action. 4.2 The limitations and exclusions of liability in the preceding paragraph do not apply to Customer's infringement, misuse, or misappropriation of Esri's or Esri's licensors' intellectual property rights, either party's indemnification E204CW Page 12 of 16 March 30, 2018 obligations, gross negligence, willful misconduct, or violations of the Export Compliance clause of this Agreement or any applicable law or regulation. 4.3 Applicability of Disclaimers and Limitations. Esri or its authorized distributor has set its fees and entered into this Agreement in reliance on the disclaimers and limitations in this Agreement; the fees reflect an allocation of risk that is an essential basis of the bargain between the parties. These limitations will apply whether or not a party is aware of the possibility of any damage and notwithstanding any failure of essential purpose of any exclusive, limited remedy. 4.4 The foregoing disclaimers, limitations, and exclusions may be invalid in some jurisdictions and apply only to the extent permitted by applicable law or regulation in Customer's jurisdiction. Customer may have additional rights that may not be waived or disclaimed. Esri does not seek to limit Customer's warranty or remedies to any extent not permitted by law. ARTICLE 5—INDEMNIFICATIONS 5.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Claim" means any claim, action, or demand by a third party. b. "Indemnitees" means Customer and its directors, officers, and employees. c. "Infringement Claim(s)" means any Claim alleging that Customer's use of or access to Esri Offerings or Services infringe a patent, copyright, trademark, or trade secret. d. "Loss(es)" means out-of-pocket loss, damage award, settlement amount, cost, or expense, including awarded attorneys' fees. 5.2 Infringement Indemnity a. Esri will defend and hold all Indemnitees harmless from any Infringement Claim and indemnify any Loss arising out of an Infringement Claim as set forth in the following paragraphs. b. If Esri determines that an Infringement Claim is valid, Esri may, at its expense, either (i) obtain rights for Customer to continue using the Esri Offerings or Services or (ii) modify the Esri Offerings or Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, Esri may terminate Customer's right to use the Esri Offerings or Services and will refund any (a) license fees that Customer paid for the infringing Esri Offerings or Services acquired under a Perpetual License, prorated on a 5-year, straight-line depreciation basis beginning from the initial date of delivery or (b) unused portion of fees paid for Term Licenses, Subscriptions, and Maintenance. c. Esri has no obligation to defend an Infringement Claim or to indemnify Customer to the extent the Infringement Claim arises out of (i) the combination or integration of Esri Offerings or Services with a product, process, system, or element that Esri has not supplied or specified in the Specification; (ii) alteration of Esri Offerings or Services by anyone other than Esri or its subcontractors; (iii) compliance with Customer's specifications; or (iv) use of Esri Offerings or Services after Esri either provides a modified version to avoid infringement or terminates Customer's right to use the Esri Offerings or Services. 5.3 General Indemnity. Esri will defend and hold all Indemnitees harmless from, and indemnify any Loss arising out of, any Claim for bodily injury, death, or tangible or real property damage brought against any of the indemnified parties to the extent arising from any negligent act or omission or willful misconduct by Esri or its directors, officers, employees, or agents performing Services while on Customer's site. 5.4 Conditions for Indemnification. As conditions for indemnification, Indemnitee will (i) promptly notify Esri in writing of the Claim, (ii) provide all available documents describing the Claim, (iii) give Esri sole control of the defense of any action and negotiation related to the defense or settlement of any Infringement Claim, and (iv) reasonably cooperate in the defense of the Infringement Claim at Esri's request and expense. 5.5 This section sets forth the entire obligation of Esri, its authorized distributor, and its licensors regarding any Claim for which Esri must indemnify Customer. E204CW Page 13 of 16 March 30, 2018 ARTICLE 6—INSURANCE If Esri is providing Services, Esri will carry, at a minimum, the following coverage: a. Comprehensive general liability or commercial general liability with a minimum coverage of $1,000,000.00 combined single limit per occurrence, $2,000,000 in the aggregate, for bodily injury, including death, and property damage liability to include the following: 1. Premises and operations; 2. Blanket contractual liability; 3. Broad form property damage; 4. Independent contractors; 5. Personal injury, with employee exclusion deleted; and 6. Completed operations. b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. ARTICLE 7—SECURITY AND COMPLIANCE 7.1 Security. Esri publishes its security capabilities at http://trust.arcgis.com. Customer may give Esri personnel access to Customer systems or to Customer or third-party personal information, controlled information, or sensitive data if access is essential for Esri's performance of Services and if Esri expressly agrees to such access. Esri will use reasonable administrative, technical, and physical safeguards to protect such data and guard against unauthorized access. Customer bears responsibility to (i) confirm that Esri's published security and privacy controls meet all applicable legal requirements for protection of Customer Content and (ii) upload or share Customer Content through Cloud Services only when it is legal to do so. Esri is not responsible to review Customer Content to ensure compliance with applicable laws and regulations. Customer must contact Esri at securesupport@esri.com for further instruction before providing any Customer Content that requires security measures other than Esri's published security capabilities. 7.2 Malicious Code. Esri will use commercially reasonable efforts to ensure that Esri Offerings will not transmit any Malicious Code to Customer. Esri is not responsible for Malicious Code that Customer introduces to Esri Offerings or that is introduced through Third-Party Content. 7.3 Export Compliance. Each party will comply with all applicable export laws and regulations, including the US Department of Commerce's Export Administration Regulations (EAR), the US Department of State's International Traffic in Arms Regulations (ITAR), and other applicable export laws. Customer will not export, reexport, transfer, release, or otherwise dispose of, in whole or in part, or permit access to or transfer or use of Services or Esri Offerings to any United States embargoed countries or denied entities or persons except in accordance with all then-current applicable US government export laws and regulations. Customer will not export, reexport, transfer, or use Services or Esri Offerings for certain missile, nuclear, chemical, or biological activities or end uses without proper authorization from the US government. Customer shall immediately notify Esri in writing if any US government entity or agency denies, suspends, or revokes Customer's export privileges. Customer will not upload, store, or process in Cloud Services any Customer Content that (i) has an Export Control Classification Number (ECCN) other than EAR99 or (ii) is controlled for export from the United States under ITAR. Customer will notify Esri in advance if Esri's performance of any Services or provision of any Esri Offerings is related to any defense article, defense service, or technical data, as defined under the ITAR Sections 120.6, 120.9, and 120.10, respectively; Esri will not perform any such Services or provide any such Esri Offerings until Esri obtains any necessary export license from the US government. Customer will reasonably assist Esri in applying for and obtaining an export license if needed. E204CW Page 14 of 16 March 30, 2018 ARTICLE 8—CLOUD SERVICES 8.1 Prohibited Uses. Customer shall not provide Customer Content or otherwise access or use Cloud Services in a manner that a. Spams, spoofs, or phishes email; transmits junk email or offensive or defamatory material; or stalks or makes threats of physical harm; b. Stores or transmits any Malicious Code; c. Violates any law or regulation; d. Infringes or misappropriates the rights of any third party; e. Probes, scans, or tests the vulnerability of Cloud Services or breach any security or authentication measures used by Cloud Services without written approval from Esri's product security officer; or f. Benchmarks the availability, performance, or functionality of Cloud Services for competitive purposes. 8.2 Service Interruption. System failures or other events beyond Esri's reasonable control may interrupt Customer's access to Cloud Services. Esri may not be able to provide advance notice of such interruptions. 8.3 Customer Content a. Customer grants Esri and its subcontractors a nonexclusive, nontransferable, worldwide right to host, run, modify and reproduce Customer Content as needed to provide Cloud Services to Customer. Esri will not access, use, or disclose Customer Content without Customer's written permission except as reasonably necessary to support Customer's use of Cloud Services. Except for the limited rights granted to Esri under this Agreement, Customer retains all its rights, title, and interest in the Customer Content. b. If Customer accesses Cloud Services with an application provided by a third party, Esri may disclose Customer Content to such third party as necessary to enable interoperation between the application, Cloud Services, and Customer Content. c. Esri may disclose Customer Content if required to do so by law or regulation or by order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. d. When Customer's use of Cloud Services ends, Esri will either: (i) Make Customer Content available to Customer for download for a period of 30 days unless Customer requests a shorter window of availability or Esri is legally prohibited from doing so; or (ii) Download all Customer Content in Esri's possession to a medium of Customer's choosing and deliver such Customer Content to Customer. Esri will have no further obligations to store or return Customer Content at the conclusion of the Cloud Services. 8.4 Removal of Customer Content. Esri may remove or delete Customer Content if there is reason to believe that uploading Customer Content to or using it with Cloud Services materially violates this Agreement. If reasonable under these circumstances, Esri will notify Customer before removing Customer Content. Esri will respond to any Digital Millennium Copyright Act takedown notices in accordance with Esri's copyright policy, available at www.esri.com/legal/dmca_policy. 8.5 Service Suspension. Esri may suspend access to Cloud Services (i) if Customer materially breaches this Agreement and fails to timely cure the breach; (ii) if Esri reasonably believes that Customer's use of Cloud Services will subject Esri to immediate liability or adversely affect the integrity, functionality, or usability of the Cloud Services; (iii) for scheduled maintenance; (iv) to enjoin a threat or attack on Cloud Services; or (v) if Cloud Services become prohibited by law or regulated to a degree that continuing to provide them would impose a commercial hardship. When feasible, Esri will notify Customer of any Cloud Services suspension beforehand and give Customer reasonable opportunity to take remedial action. Esri is not responsible for any damages, liabilities, or losses that may result from any interruption or suspension of Cloud Services or removal of Customer's content as described above. 8.6 Notice to Esri. Customer will promptly notify Esri if Customer becomes aware of any unauthorized use of Customer's subscription or any other breach of security regarding Cloud Services. E204CW Page 15 of 16 March 30, 2018 ARTICLE 9—GENERAL PROVISIONS 9.1 Payment. Customer will pay each correct invoice no later than 30 days after receipt and will remit payment to the address stated on the invoice. 9.2 Feedback. Esri may freely use any feedback, suggestions, or requests for Product improvement that Customer provides to Esri. 9.3 Patents. Customer may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is based on or incorporates any Products. This express prohibition on patenting will not apply to Customer's software and technology except to the extent that Products, or any portion thereof, are part of any claim or preferred embodiment in a patent application or a similar application. 9.4 Reserved. 9.5 Taxes and Fees; Shipping Charges. Fees that Esri quotes to Customer are exclusive of any and all applicable taxes or fees including, but not limited to, sales tax, use tax, or value-added tax (VAT); customs, duties, or tariffs; and shipping and handling charges. Esri will add any such taxes that it is required to remit to the total amount of its invoice to the Customer. 9.6 Reserved. 9.7 No Implied Waivers. The failure of either party to enforce any provision of this Agreement is not a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 9.8 Severability. If any provision of this Agreement is held to be unenforceable for any reason, (i) such provision will be reformed only to the extent necessary to make the intent of the language enforceable, and (ii) all other provisions of this Agreement will remain in effect. 9.9 Successor and Assigns. Customer will not assign, sublicense, or transfer Customer's rights or delegate Customer's obligations under this Agreement without Esri's and its authorized distributor's prior written consent, and any attempt to do so without consent will be void. This Agreement will be binding on the respective successors and assigns of the parties to this Agreement. Notwithstanding, a contractor under contract to the government to deliver Products may assign this Agreement and Products acquired for delivery to its government customer upon written notice to Esri, provided the government customer assents to the terms of this Agreement. Upon mutual agreement, Esri's Affiliates may provide Services under the terms of this Agreement; in such cases, the Ordering Documents will identify the Affiliate as the party that provides the Services. Esri's distributors are not Affiliates of Esri. 9.10 Survival of Terms. The Glossary of Terms and provisions of the following Articles of these General Terms and Conditions will survive the expiration or termination of this Agreement: "Limited Warranties and Disclaimers," "Limitation of Liability," "Indemnifications," and "General Provisions." 9.11 Reserved. 9.12 Governing Law. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.The applicable laws of Customer's jurisdiction govern this Agreement. 9.13 Reserved. 9.14 Force Majeure. A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond the party's reasonable control. Such causes may include, but are not limited to, acts of God, war, strikes, labor disputes, cyber attacks, laws, regulations, government orders, or any other force majeure event. 9.15 Independent Contractor. Esri is and at all times will be an independent contractor. Nothing in this Agreement creates an employer/employee, principal/agent, or joint venture relationship between Esri or its authorized distributor and Customer. No party has any authority to enter into contracts on behalf of another party or otherwise act on behalf of another party. E204CW Page 16 of 16 March 30, 2018 9.16 Notice. Customer may send notices required under this Agreement to Esri at the following address: Environmental Systems Research Institute, Inc. Attn: Contracts and Legal Department 380 New York Street Redlands, CA 92373-8100 USA Tel.: 909-793-2853 Email: LegalNotices@esri.com Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # 335621 Page 1 of 5 January 26, 2018 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-4) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Optional Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 500 Level 1 ArcGIS Online Named Users 500 Level 2 ArcGIS Online Named Users 62,500 ArcGIS Online Service Credits 500 Level 2 ArcGIS Enterprise Named Users 7 Insights for ArcGIS for use with ArcGIS Enterprise OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self-Paced e-Learning Uncapped Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) *Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee Page 2 of 5 January 26, 2018 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 3 of 5 January 26, 2018 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at http://www.esri.com /legal/software-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- owned entities, either party may terminate this Agreement before any subsequent year if Page 4 of 6 January 26, 2018 Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en /content/productlifecycles. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at http://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. Page 5 of 6 January 26, 2018 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due Page 1 of 3    Esri Enterprise Licensing Agreement 2018  From the early nineties to the beginning of 2017 the GIS Group’s GIS software licensing was managed  out of the IT Department until the GIS Supervisor assumed responsibilites.  The licenses were a  complicated use of many single seats (one license per computer) and this strategy was difficult to  manage.  The City had more than 38 Esri GIS licenses to keep track of which included updating or  deactivating licenses once a computer was decommissioned/replaced or city staff separated.  The  impetus for the EA with Esri was the cost of the city managing all these licenses at approximately  $57,000.00 in 2018 and this total was growing yearly.  As GIS technology grows at the City with the use  of mobile Collector apps, online web applications, the new asset management software City Works, plus  new IT systems coming on board that use GIS as their foundation the licensing needs were growing  proportionally.  An EA will allow the GIS department to organize and give access to ArcGIS software to  our corporate users along with timely and expert assistance from Esri.  Managing the licenses  individually as in the past is inefficient and results in costs totaling more than entering into an EA. The  EA licensing will unite into a single organization‐wide agreement which will lower the costs over time.   The EA is a three‐ tiered license strategy which is outlined below:           Year 1               Year 2                    Year 3               Total Over 3 Years               Proposed EA Fee  $80,000  $90,000  $100,000  $270,000      EA Value                  $90,050  $60,050               $60,050              $210,150    *Projected value if you just added two additional ArcGIS Enterprise Licenses                      Proposed EA Fee  $80,000  $90,000  $100,000  $270,000       EA Value                  $130,050              $120,050            $145,050          $395,150    **Projected value w/ ArcGIS Enterprise License, 8 Core Staging Environment and 100 Level 2  Users in Year 2 and 150 Level Users in Year 3          Page 2 of 3    The numbers on the three tier proposal takes our current maintenance expenditures, added the cost of  two additional ArcGIS Enterprise Licenses and then calculated what our maintenance would be in  following years. This was then compared with the three tiered small Government Enterprise Agreement  with fees of Year 1 at $80,000, Year Two at $90,000 and Year 3 at $100,000. (The standard yearly fee for  a government our size is $100,000 annually). You can see from the spreadsheet that the EA fee over 3  years is approx. $60,000 more than what you would pay with purchased the software ad hoc and then  going with maintenance. In this scenario it would be less expensive to go with software and  maintenance.  In scenario two, it is projected that our expenditures over three years with the 2 ArcGIS Enterprise  Licenses, an 8 Core Staging Environment (based on mirroring our current licensing) and adding 100 Level  2 ArcGIS Online users starting in Year 2 and 150 in Year 3. (We probably wouldn’t need the Year 1 as we  will be implementing Cityworks but this need would ramp up Year 2 and 3.) You can see in this scenario,  the EA adds a lot of value as our 3 Year EA fees would be $270,000 and purchasing the software and  maintenance yearly would be $395,150. The value of the EA really starts to kick in with additional Server  Environments, Staging Environments and Named Users. In addition, any upgrades we would make for  additional desktop upgrades would add additional value to an EA.  Benefits of the EA include:   Unlimited quantities of Esri software and products and upgrades   Access to Esri’s Cloud Services, which reduces costs for in‐house data servers and storage   Unlimited access to Esri technical support   Discounted online instructor‐led Esri Training   Free online Esri training                      Page 3 of 3    List of Products Available in an EA  Uncapped Quantities Desktop Software and Extensions (Single Use)  ArcGIS Desktop Advanced  ArcGIS Desktop Standard  ArcGIS Desktop Basic  ArcGIS Desktop Extensions: ArcGIS 3D Analyst,  ArcGIS Spatial Analyst, ArcGIS Geostatistical  Analyst, ArcGIS Publisher, ArcGIS Network Analyst,  ArcGIS Schematics, ArcGIS Workflow Manager,  ArcGIS Data Reviewer  Enterprise Software and Extensions  ArcGIS Enterprise and Workgroup  (Advanced and Standard)  ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,  ArcGIS Spatial Analyst, ArcGIS Geostatistical  Analyst, ArcGIS Network Analyst, ArcGIS  Schematics, ArcGIS Workflow Manager  Enterprise Optional Servers  ArcGIS Image Server  Other Benefits: Developer Tools ArcGIS Engine  ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS  Spatial Analyst, ArcGIS Engine Geodatabase Update,  ArcGIS Network Analyst, ArcGIS Schematics  ArcGIS Runtime (Standard)  ArcGIS Runtime Analysis Extension     Limited Quantities  One (1) Professional subscription to ArcGIS  Developer*  Two (2) Esri CityEngine Advanced Single Use Licenses 500 Level 1 ArcGIS Online Named Users  500 Level 2 ArcGIS Online Named Users  62,500 ArcGIS Online Service Credits  500 Level 2 ArcGIS Enterprise Named Users  7 Insights for ArcGIS for use with ArcGIS Enterprise *Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee  Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self‐Paced e‐Learning Uncapped Five percent (5%) discount on all individual commercially available instructor‐led training classes at Esri  facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) Agenda Item: Consent Calendar – 8K TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Amending Cross Connection Code– Adopt SUMMARY: The city of Kent implements a Cross-Connection Control Program that prevents the contamination of public drinking water by eliminating connections between the public water system and any source that could contaminate the public water supply. The current Kent Water code section (chapter 7.02 KCC) is in need of an update to keep pace with state law, current practices and nomenclature, and to provide for a well-defined and consistent enforcement mechanism. BACKGROUND: Kent’s Cross-Connection Control ordinance is required by the Washington Department of Health and is important for the safe and effective operation of the public water system. State law requires the City’s ordinance to establish the City’s legal authority and describe the operating policies and the corrective actions employed to ensure compliance with the City’s Cross-Connection Control Program. Accordingly, the code provisions set forth when backflow prevention assemblies are required, what type of assemblies are required, permitting fees, and mechanisms for enforcement of the code. It is important to eliminate cross-connections as they constitute a serious public health hazard, and thus state drinking water rules require purveyors of potable water like the City to develop and implement programs to control or eliminate cross- connections. Currently, the cross-connection control provisions are located within other code sections related to water service generally. The proposed ordinance not only updates the code provisions as described above, but also moves them to a separate part (“Part Two”) of the chapter. All of the sections related to water service generally remain the same, except that they will be separate from the cross-connection provisions and fall under Part One of the chapter. The proposed ordinance includes additional enforcement provisions that allow for more flexibility to tailor penalties to the particular circumstances of a violation. These new enforcement provisions would also allow the City to recover costs incurred in responding to violations, make it a violation not to reimburse the City for these costs, and create criminal penalties for negligent or knowing violations of the City’s Water code. Staff’s preferred approach in administering the cross-connection provisions of the Water code is to educate businesses and work cooperatively with them to achieve compliance. However, a sound code enforcement strategy is important in the event those cooperative efforts fail. MOTION: Adopt Ordinance No. , that repeals and replaces Chapter 7.02 of the Kent City Code, entitled “Water”, to re-order the chapter and amend provisions to protect the public drinking water supply. •Chapter 7.02 has been reorganized into two parts, Part One “Water Utility and Water Service Generally” and Part Two “Cross-Connection Restrictions.” No substantive changes were made to the sections within Part One. They have simply been re-structured. •The definition section has been expanded to incorporate definitions within the Washington Administrative Code and to specifically define other terms used within Chapter 7.02. •New code provisions require approved backflow preventers to be installed based upon the assessed degree of hazard and set forth when premises isolation is or may be required. •New code provisions specify when approved backflow preventers must be inspected and tested. •The enforcement provision has been updated to expand the options available for enforcement to include monetary penalties, water shut off, recovery of costs, issuance of civil infractions, civil code enforcement and criminal charges. The amended Cross Connection Control Code was approved by the Washington State Department of Commerce in September. The requirements of the Growth Management Act in RCW 36.70A.106 have been met. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: N/A BUDGET IMPACTS: None STRATEGIC PLAN GOAL(S): 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. 1 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing and readopting Chapter 7.02 of the Kent City Code entitled “Water,” to reorganize the chapter and update the Cross-Connection Control sections to develop and implement procedures to ensure the elimination or control of cross-connections between a water consumer’s system and the City’s public water system and to create additional enforcement provisions allowing for more flexibility. RECITALS A. The city of Kent (“City”) has codified its regulations concerning water service by its water utility within Chapter 7.02 of the Kent City Code. This chapter also contains provisions for the elimination and control of cross-connections between a water consumer’s system and the City’s public water system. B. Washington Administrative Code 246-290-490 requires the City Council of the City of Kent to ensure the elimination or control of all cross-connections between a water consumer’s system and the City’s public water system. C. The City is required to adopt an ordinance and develop and implement procedures to ensure approved backflow preventers commensurate with the degree of hazard are installed to prevent backflow into the City’s public water system. Accordingly, this ordinance sets forth what service connections require premises isolation and the requirements for commercial fire lines. 2 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter D. A city’s ordinance must include corrective actions used to ensure water consumers comply with cross-connection control requirements. Currently, the only enforcement options available for a violation of cross-connection control requirements are criminal or civil code enforcement proceedings. This ordinance makes additional remedies available to the city of Kent, including imposing monetary penalties, water shutoff and the issuance of a civil infraction for violations of the cross- connection control requirements. E. In addition, this ordinance reorganizes and restructures the chapter into two separate parts in order to clearly distinguish between the sections concerning water service—metering, rates, installation—and the sections concerning the elimination and control of cross-connections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repealer – Chapter 7.02 KCC. Chapter 7.02 of the Kent City Code, entitled “Water,” is repealed in its entirety. SECTION 2. – Adoption – Chapter 7.02 KCC. Title 7 of the Kent City Code, entitled “Utilities,” is amended to adopt a new Chapter 7.02, entitled “Water,” as follows: PART ONE Water Utility and Water Service Generally 3 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.010. Water to be metered. All water of the water utility of the city shall be sold by use of a water meter that measures the amount of water used by a consumer. Sec. 7.02.020. Rates for water connection. The city council shall fix rates to be paid by a consumer for water procured from the water utility of the city, and for the amount of cost to be charged to and paid by the applicant for a water connection to a water main including the water meters. Water connection shall be of various sizes as specified in this chapter. All water connections and water meters shall be installed by the water utility of the city or by a contractor approved by the director of public works. All connections shall be made under the supervision of the director of public works or his authorized representative and shall meet or exceed the standards and specifications approved by the director of public works. Sec. 7.02.030. Using water in excess of meter capacity. The water utility will not install a water meter on a service which demands water in excess of the rated capacity of the meter. The water utility of the city shall have the right to discontinue water service to any consumer when the demand of the service exceeds the following meter capacities: Meter size (inches) Gallons per minute 5/8 x 3/4 20 3/4 30 1 50 1 1/2 100 2 160 3 300 4 500 4 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.040. Maintenance of water system. All tanks, reservoirs, water meters, water mains, pipes, couplings, shutoff valves, stop cocks, and every other kind of equipment or material in use or in place as a part of the water system of the city and located in any street, alley, city park, city property, or in any easement or franchise belonging to the city, or located upon private property from a water main of the water system to and including the water meter, are the property of the city and are subject to the exclusive control and regulations of the city. All pipes and connections from the water meter to the premises or building served by the city water are the property and the sole responsibility of the owner or lessee of the premises or building. Sec. 7.02.050. Separate meters required – Exceptions. Except as provided in this chapter, each separate building occupied as a dwelling or as a place of business must have a separate water service and water meter. Where the applicant desires to have two (2) or more service pipes on the same premises, he shall state in his application for a water connection, and separate service pipes shall be run with individual stop cocks to each water meter. Each mobile home park and each condominium may be served by one (1) water meter. The city council may enter into agreements with commercial and industrial users to allow more than one (1) building to be served by a single meter. Sec. 7.02.060. Existing service to more than one (1) building. At the time of the adoption of this chapter where more than one (1) building is served through one (1) meter, the consumption of water for each billing period shall be divided by the number of buildings served and the charge will then be calculated as if each building were a separate account. Sec. 7.02.070. Connection with other water supply. 5 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter A. No service connection shall be allowed from the city mains to any premises supplied by water from any other source, unless special permission is given by the director of public works, which special permission may be terminated at any time if in the judgment of the director of public works the public interest requires it. B. No cross-connection shall be made or maintained between any city service connection and pipe supplying water from any other source unless the water supplied from the other source, by tests by the State Board of Health, is shown to conform with the United States bacteriological standard for drinking water. Such tests must be made by a professional tester and submitted to the city at least once each month. Sec. 7.02.080. Connections outside of city limits. A. Whenever any person outside the limits of the city, not already furnished with water by the city, shall desire the system to be extended, such person shall apply to the city council to have such water service extended. Such application shall designate the premises to be supplied and the number of services desired. If a permit is granted by the city council, the applicants shall, at their own expense, install all necessary mains or pipes in accordance with the requirements of the city engineer and the comprehensive water plan of the city which is on file in the office of the director of public works. All regulations concerning the size of service and meter shall apply. B. Whenever any water district desires to purchase water from the city, it shall make application to the city council and if accepted, install all mains and services in accordance with the rules and regulations of the city. An individual contract will be negotiated for the purchase of water. Whenever any portion of a water district is annexed to the city, the ownership of the mains, meters, and services shall become the property of the city in accordance with RCW 35.13A.020. 6 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.090. Installation and connection charges inside city limits, permits, and inspection fees. A. Tap charge – Connection by water utility. Any property owner within the city limits applying for water service shall pay in full a tap charge and a permit review and inspection fee, plus a system development charge prior to issuance of the water service permit. The tap charge will include the cost of connection and laying the pipe from the city water main to the property line of the property to which service is desired, or at a distance of sixty (60) feet from the main toward such property line, whichever is shorter. The minimum tap charge so established for service installed by the water utility is as follows: 1. Two hundred seventy-five dollars ($275) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. Three hundred twenty-five dollars ($325) for each three- quarter (3/4) inch connection. 3. Three hundred fifty dollars ($350) for each one (1) inch connection. 4. Six hundred dollars ($600) for each one and one-half (1-1/2) inch connection. 5. Eight hundred dollars ($800) for each two (2) inch connection. On any connection over two (2) inches, the minimum tap charge shall be the actual cost of the meter and installation, plus twenty-five (25) percent. B. Tap charge – Connection by licensed contractor. If the workload of the water utility as determined by the director of public works is such that the installation of the water connection would interfere with the proper operation and maintenance of the water system, the director of public works may require that the property owner employ a licensed contractor to make the connection and install the necessary line and materials except the water meter. All such water services shall meet or exceed the 7 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter standards and specifications approved by the director of public works. The minimum tap charge is as follows: 1. One hundred dollars ($100) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. One hundred twenty-five dollars ($125) for each three- quarter (3/4) inch connection. 3. One hundred seventy-five dollars ($175) for each one (1) inch connection. 4. Three hundred sixty dollars ($360) for each one and one-half (1-1/2) inch connection. 5. Five hundred dollars ($500) for each two (2) inch connection. All such contractor-installed connections shall be guaranteed by the contractor for a period of one (1) year. C. System development charge. The system development charge is as follows: Meter Size (inches) Charge Effective Through March 31, 2009 Charge Effective April 1, 2009 Less than 1 $2,600 $5,949 1 $4,627 $14,872 1-1/2 $10,400 $29,743 2 $18,486 $47,589 3 $41,594 $95,179 4 $73,933 $148,717 5 $115,528 $222,932 8 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Meter Size (inches) Charge Effective Through March 31, 2009 Charge Effective April 1, 2009 6 $166,376 $297,434 8 $295,786 $475,894 10 $462,162 $654,354 After April 1, 2009, this system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction Price Index for Seattle-Tacoma- Bremerton for the twelve (12) months, October 31st through September 30th, of the previous calendar year. However, if (1) the city’s fire marshal has required that, in conjunction with the city’s issuance of a single-family residential building permit, the applicant must install a fire sprinkler system, and (2) the need for a meter size greater than three-quarters (3/4) of an inch is based solely on the fire marshal’s requirement that the sprinkler system be installed, the single- family residential permit applicant shall pay only the system development charge listed above for a meter less than one (1) inch in diameter. It is not the city’s intent to require an applicant to pay a higher system development charge when the larger meter size is needed only in the unusual event of a fire demand rather than for normal daily user demand. D. Permit and inspection fee. The city council shall, by resolution, establish the permit, inspection, and other related fees to be assessed to implement and operate the regulations adopted in this chapter. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. 9 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter E. Installation of undersized meter. If an undersized meter is installed, a deduction will be allowed from the above charges, including system development charges, which will reflect the difference in cost between the undersized meter and the regular size meter. All service material (including water meter) will remain the property of the city. F. Tap change. If the tap is changed to one of a larger size, the cost and expense of such charge must be paid before the larger size tap is installed. G. Paving replacement – Charge. If it becomes necessary during the installation of such connection on a time and material basis to break and replace either concrete or blacktop paving, then in each instance an additional charge shall be made to cover the cost of such repair. H. Fee deferral. Until December 31, 2013, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for initial sale, the owner of the subject real property may defer payment of the water system development charge in subsection (A) of this section, executing a first position lien in favor of the city in the amount of the water system development charge. The city shall record the lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single-family residence. An owner who chooses to defer the water system development charge must combine the lien with a lien deferring the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and drainage system development charge in KCC 7.05.165. Sec. 7.02.100. Installation and connection charges outside city. Any property owner outside the city limits applying for water service shall pay in full the tap charge and a permit review and inspection fee, plus a system development charge prior to the issuance of a water service 10 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter permit. The minimum charge established shall be the cost as established for inside the city limits plus fifty (50) percent, except the system development charge. The system development charge shall be the same as for inside city limits. Sec. 7.02.110. Temporary water meters.1 A. When water service is required for a specific short-term duration, upon approval of the director of public works, a temporary water meter may be obtained from the water utility. B. Such meters shall only be used for a designated project and shall be promptly returned to the water utility upon completion of the project or at the end of 60 days, whichever comes first. The meters are to be returned in the same condition as when rented, and the user shall be held responsible for any damage thereto including paying all repair or replacement costs. While in the user’s possession, the user shall be solely responsible for the meter and as such, should it be lost or stolen, the user shall pay the water utility the cost of its replacement. C. The director of public works shall require that a cash bond be deposited with the city prior to receipt of a temporary meter. The amount of the bond shall equal the replacement cost of the respective meter. Upon return of the meter, the payment of all outstanding charges including any meter repair or replacement costs, the cash bond shall be released back to the user. D. Temporary meters may be moved from one hydrant to another within the same project; provided, the water utility is notified in advance of the proposed relocation and that hydrant wrenches are used to make all connections and disconnections. E. For each 100 cubic feet of water used with a temporary water meter, the rate charged will be $4.73 per 100 cubic feet of water used. 11 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter All rates are also subject to a one-time temporary meter charge as follows: 1. Up to one-and-one-half-inch meter, $50; 2. Two-inch and larger meter, $100. Payment shall be made in full upon return of the meter. If a meter is lost or stolen, payment for water used shall be based on an estimate made by the director of public works. Sec. 7.02.120. Stop cocks. All service pipes must come directly from the street main and shall be laid at such depth and at such point as the water utility shall designate. All stop cocks and connections thereto shall be maintained by and under the control of the water utility. Sec. 7.02.130. Turn on and off service by water utility employees. No person except employees of the water utility or the finance department will be allowed to turn the water on or off at the city’s stop cock after the plumbing has been completed and the water turned on by the water utility, except to repair the special stop and waste cock or the pipe between it and the city’s stop cock. Sec. 7.02.140. Special stop and waste cock. A special stop and waste cock with a key attached thereto shall be placed on the pipe leading from the city’s stop cock outside of the building or inside if basement is available. No branch pipe, bibb, or fixture of any kind shall be placed between this stop cock and the city’s main. If this stop cock does not thoroughly drain all pipes throughout the premises, additional ones shall be placed in all sags, bends, and traps that cannot otherwise be drained. If the service is to a business building adjacent to a city sidewalk, a valve type stop and waste cock in a cast iron valve box, with traffic type lid shall be installed near the outside wall of the building. Sec. 7.02.150. Replacement – Permit credit. If a property owner, lessee, or occupant requests a change in meter size and/or water line size, an application shall be made to the city engineer. The city 12 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter engineer shall review the application for compliance with KCC 7.02.030. If the request results in an increase flow capability to the property, the charge for this service shall include the respective system development charge, otherwise, the charge shall be limited to a time and material basis. In all cases a credit on this charge will be made for the meter removed. This credit will be based on a depreciation schedule of twenty (20) percent per year for the number of years the meter has been in service, with a minimum credit of two dollars and fifty cents ($2.50). No credit will be allowed for the valves, meter box, or pipe originally installed. Where a system development charge is included, a credit will also be given for that previously paid system development charge. Sec. 7.02.160. Connections from stop cock at owner’s expense and care. All pipes and connections from the city’s adapter or coupling located on or near the property line or near the meter box shall be put in at the expense of the property owner, who shall be responsible for all damages resulting from leaks and breaks. Sec. 7.02.170. Plumber’s permit for turn on and off. No plumber or other person will be allowed to make connection with the city mains or make alterations in conduit, pipe, or other fixture connecting therewith, or to connect pipes when they have been disconnected, or to turn water off or on, upon any premises at the city’s stop cock without a permit from the director of public works. Sec. 7.02.180. Water turned on by owner or tenant prohibited. If the water is turned on to the premises by anyone other than an employee of the water utility or the finance department after it has been turned off at the city stop cock, it will be turned off again at the city stop cock and locked, and will not be turned on again until the charges as prescribed in this chapter have been paid. These charges are based on the actual cost per hour, including overhead, of sending water utility 13 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter employees to return service to the account, plus a turn on charge of thirty dollars ($30). In no case will the charge be less than thirty dollars ($30). Sec. 7.02.190. Vacant premises – Water supply. If it is decided to discontinue the use of water supply to vacant premises for a period of thirty (30) days or more, notice in writing must be given to the finance department. The water will be turned off and will be turned on again upon written application at a charge of thirty dollars ($30) for such turn on. No remission of charges will be made for a lesser period than thirty (30) days or without receipt of notice by the finance department. Sec. 7.02.200. Size of water main. No water main shall be installed unless it is at least six (6) inches in diameter and is the size indicated in the comprehensive water plan. Sec. 7.02.210. Turn off and turn on charges. A. For the purpose of paying the expense to the water utility or finance department, a charge as set forth in this chapter is hereby fixed and made to turn off or turn on the water service to any building for the making within the building of any inspection, repair, maintenance, enlargement, replacement, addition, or change in or to the water line or lines, or plumbing, or plumbing fixtures, or for the purpose of connecting any kind of machine, appliance, toilet, or bath facilities, or any kind of plumbing in or to the water system located within the building when the building does not have stop and waste cock as required in KCC 7.02.210. B. The charge shall be forty-five dollars ($45) if the turn off or turn on is done within a period of forty-eight (48) hours of the initial customer request, which charge shall be paid to the finance department before any water service is turned off or turned on for any of the purposes set forth in this section. 14 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter C. If the turn off and turn on is not done within a period of forty-eight (48) hours from the time of the initial consumer request, the charge is thirty dollars ($30) to turn off the water service and thirty dollars ($30) to turn on the service. The charge shall be paid to the finance department before any water service is turned off or turned on for any of the purposes set forth in this section. D. If more than one turn off and turn on request occurs in any twelve (12) month period, a charge in the amount of forty-five dollars ($45) shall be assessed against the account for each additional service turn off. Sec. 7.02.220. Prohibited uses. No person shall: A. Use water from the city water system for sprinkling or irrigating when requested by a police officer or firefighter of the city to cease such use during a fire which the fire department is seeking to control or when use of water for sprinkling or irrigation is forbidden by the city council; B. Bathe in, fish in, or throw any substance into any reservoir or water tank or standpipe or into any pipe or connection to the city water system, or upon the premises where any reservoir, water tank or standpipe is located; C. Obstruct the access to any fire hydrant or place lumber, dirt, rubbish, or other material upon public right-of-way or city owned property within twenty (20) feet of a fire hydrant or to open or operate a fire hydrant except a member of a fire department or employee of the city in pursuance of his employment or duty; D. Break or deface the seal of a water meter or tamper with, damage, obstruct, or alter a water meter in service; E. Make any connection with a water main, water pipe, or fire hydrant for delivery of water from the city water system to a consumer without a 15 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter permit from the water utility and a means of measuring the quantity of water taken prior to consumption; F. Turn on or turn off a water service at the water box or any place between the water meter and the water main of the city water system other than by an employee of the water utility or finance department who is authorized to either turn on or turn off a water service; G. Interfere with, obstruct, or prevent free or safe access to any water meter or water service for purpose of reading, inspection, repair, removal, or installation by any employee of the water utility or finance department in pursuit of his employment; H. Tamper with, destroy, break, or interfere with any part of the water system; or I. Make, construct, buy, sell, or in any way dispose of to any person any curb cock key or hydrant wrench that fits or may be used on any part of the city water system without permission of the director of public works of the city. Sec. 7.02.230. Water rates.2 A. Water rates. The following monthly rates apply to all water customers served by the city of Kent. The lower rate applies per 100 cubic feet of water used up to or equal to 800 cubic feet per month, and the higher rate applies per 100 cubic feet of any water used in excess of 800 cubic feet: WATER USE/CONSUMPTION Winter/Summer ≤ 800cf: $2.40 > 800cf: $4.73 16 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter All customers are also subject to a monthly demand charge for potable water service, dedicated fireline service, and water meters. For purposes of this chapter, a dedicated fireline constitutes the pipe(s) and appurtenances on private property that only supply water to the system riser for water- based fire protection systems, private hydrants, monitor nozzles, fire pump suctions, and tanks. The dedicated fireline begins after the property isolation device, and it contains water that will be used only when needed for fire protection purposes and so will become stagnant and nonpotable. The fees for these monthly demand services are as follows: Meter Size or, for Dedicated Fireline, Pipe Size (inches) Residential Charge Effective January 1, 2017 Commercial Charge Effective January 1, 2017 Dedicated Fireline Charge Effective January 1, 2017 ≤3/4 $23.15 $29.10 $2.75 1 $36.25 $42.20 $3.21 1-1/4 $4.81 1-1/2 $69.00 $74.95 $6.42 2 $108.30 $114.25 $10.27 3 $173.80 $179.75 $25.67 4 $265.50 $271.45 $51.33 6 $402.45 $102.67 8 $533.45 $173.25 10 $664.45 $256.67 Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total water rate for consumption, meters, and dedicated fireline usage will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1st through June 1st of the previous calendar year, if the CPI-W reflects an upward 17 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter adjustment from the previous annual June to June period. For the years 2018 through 2022 the adjustment will not exceed 2.4 percent of the total water rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4 percent limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. B. Lifeline customers. Through Chapter 7.01 KCC, the city council has established eligibility criteria for lifeline customers. For lifeline-qualified water service customers, the following fees apply for monthly demand services, and water consumption per 100 cubic feet: Effective Date Demand Service Charge Water Rate per 100 cf 01/01/2017 $13.10 $0.61 Sec. 7.02.240. Water billing adjustments. A. Subject to the right of access and inspection by a representative of the city, a property owner receiving water service from the city may apply for adjustment of a city water bill under the following circumstances: 1. A water leak has been discovered on the subject property; or 2. A water line failure has occurred on the subject property; or 3. An inadvertent error on the part of the occupant of the subject property caused excessive water usage; or 4. An unexplained, abnormal water meter reading has occurred on the subject property. This adjustment shall not exceed 100 percent of the difference between the total amount charged by the city for the billing period for which adjustment has been requested, and the average water usage at the subject property. For purposes of this subsection, “inadvertent error” does not include actions constituting knowing or willful neglect. Furthermore, the average water usage shall be computed by determining the total 18 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter volume of water consumed, under normal use conditions, during the preceding 12 months and dividing that total volume by the number of times the city reads the customer’s water meter. If there is insufficient usage history by the owner at the subject property, the city may use additional consumption history before an adjustment can be made. This additional consumption history may include, but is not limited to: the owner’s prior usage at another location receiving water service from the city; the previous owner’s consumption history; and historical water consumption at comparable properties within the city. B. This water bill adjustment can be applied to no more than two consecutive billing periods. Any bill submitted for adjustment must exceed two times the average usage in the preceding 12 months prior to the earliest billing period for which the adjustment is requested. The property owner must submit a signed application for adjustment, on a form prescribed by the finance director, within 90 days of the last day of the billing period for which an adjustment is requested, in order to be eligible for the adjustment. C. Following receipt of an application for a water bill adjustment, the city’s customer services manager, or the manager’s designee, shall review the application and determine whether or not to adjust the water bill based on the criteria listed in this section. In order to make a proper and fair determination, city staff shall be entitled to enter upon and inspect the subject property, if necessary, and shall verify that the water meter serving the subject property does not indicate that excessive water usage is continuing. The customer services manager shall not approve an application for water bill adjustment if the city determines that the water meter shows the continued existence of abnormally high water usage. D. If approved, the customer services manager shall adjust the water bill by issuing a credit to the water service billing account. In the 19 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter alternative, if the owner no longer owns the subject property or is otherwise no longer legally responsible for the water bill, the city may, upon approval of the finance director, issue a check to the owner in an amount not to exceed what would have been credited to the water service billing account. E. The owner may request reconsideration of the decision of the city’s customer services manager by the city’s finance director. This request must be in writing and delivered to the city no later than 30 days after the customer services manager’s decision is delivered to the property owner. For purposes of this subsection, delivery is deemed complete upon the third day following the day upon which the written determination or request for consideration is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day. This request for reconsideration must contain all relevant facts and circumstances pertaining to why the owner believes that the decision of the customer service manager was incorrect. The finance director shall issue a written decision to the requestor within 45 days of receipt of the request for reconsideration. The finance director’s determination cannot be appealed to the hearing examiner or the city council, and any further appeals may only be made pursuant to applicable state law. F. A property owner may submit an application for adjustment of a water bill only once every 12 months; provided, however, that this does not prohibit an owner from submitting an application for adjustment of two billing periods simultaneously, pursuant to subsection (B) of this section. If a property owner has previously submitted an application for adjustment of a water bill to the city for the same property, the customer services manager will reject any subsequent application that does not also include tangible proof that repair work to correct the leak has already been 20 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter completed, such as original or certified copies of invoices for parts and/or labor. The city may also enter onto the subject property to confirm that necessary repairs have been made, prior to granting a subsequent request for a water bill adjustment. G. Subsection (F) of this section notwithstanding, a property owner submitting an application pertaining to a property for which that owner has not previously submitted a request for a water bill reduction, or a new owner applying for a water bill reduction pertaining to a property for which a water bill reduction was previously requested by a prior owner, shall be treated as a first-time applicant under this section. The finance director shall not consider an heir, devisee, person related by blood or marriage, an affiliated corporate entity or an entity under common control with a prior owner of the subject property to be treated as a “first-time applicant” for purposes of this subsection. Sec. 7.02.250. Billing for service. All billing for water shall be made to the nearest five cents ($0.05). Sec. 7.02.260. Charges when meter is out of order. If a meter fails to register the amount of water used, the customer will be charged at the average rate of monthly consumption as shown by the meter when the meter was in working order. Sec. 7.02.270. Request for meter check. A customer may request a meter check. If it is found that the meter is registering less than or more than the requirements of the state for meter accuracy, no charge will be made. If it is found that the meter is registering in accordance with state regulations, a charge which is on file in the city clerk’s office will be made. This charge will be added to the next water billing. Sec. 7.02.280. Fire protection service. 21 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter A. Pipes for fire protection purposes must be fitted with such fixtures as are needed for fire protection and such fixtures shall be sealed by the water utility. In no case shall such seal be broken, except in case of fire or by the fire chief for the purpose of testing the pipes, fixtures or hose. B. When seals are broken in case of fire, it shall be the duty of the owner or tenant of the premises to notify the water utility within twenty- four (24) hours after its occurrence, and the seal will be replaced by the water utility. Sec. 7.02.290. Emergency shutoff without notice. A. The water may at any time be shut off from the mains without notice for repairs, extensions, or other necessary purposes and persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse. Where meters are in use, a safety valve shall be placed between the boiler on such service and the meter at the owner’s expense, and the owner shall be held responsible to the city for any and all damages to meters caused by hot water. B. The city will not be responsible for the safety of boilers or other fixtures on the premises of any water consumer. Sec. 7.02.300. Penalty for violation. A. Except as set forth in KCC 7.02.310 – 7.02.400, any violation of this chapter constitutes a civil violation under Chapter 1.04 KCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. B. In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided for in KCC 1.04.030. 22 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter PART TWO Cross-Connection Restrictions Sec. 7.02.310. Cross-connection restrictions – Purpose. The purpose of this section is to protect the city’s public water system from contamination via cross-connections. Sec. 7.02.320. Cross-connection restrictions – Definitions. A. Definitions in WAC 246-290-010, as they presently exist and as they may be amended, are hereby adopted and incorporated herein by this reference as if set forth in full, including, but not limited to the following terms. 1. Backflow means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or consumer’s potable water system. 2. Consumer's water system means any potable or industrial water system that begins at the point of delivery from the public water system and is located on the consumer's premises. The consumer's water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the consumer. 3. Cross-connection means any actual or potential physical connection between a public water system or the consumer's water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow. 4. High health cross-connection hazard means a cross- connection involving any substance that could impair the quality of potable water and create an actual public health hazard through injury, poisoning, or spread of disease. 23 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 5. Premises isolation means a method of protecting a public water system by installation of approved air gaps or approved backflow prevention assemblies at or near the service connection or alternative location acceptable to the purveyor to isolate the consumer's water system from the purveyor's distribution system. 6. Uniform Plumbing Code (UPC) means the code adopted under RCW 19.27.031 and implemented under chapter 51-56 WAC. This code establishes statewide minimum plumbing standards applicable within the property lines of the consumer's premises. B. In addition to those definitions contained within WAC 246-290-010, when used in this chapter, the following terms shall have the meanings ascribed to them in this section, unless the context indicates otherwise: 1. Approved backflow preventer means an approved air gap, an approved backflow prevention assembly, or an approved atmospheric vacuum breaker relied upon by the purveyor for the protection of the public water system. The requirements of this chapter do not apply to backflow preventers installed for other purposes. 2. Approved backflow prevention assembly means a reduced pressure backflow assembly, reduced pressure detector assembly, double check valve assembly, double check detector assembly, pressure vacuum breaker assembly, or spill resistant vacuum breaker assembly of make, model, and size that is approved by the Washington State Department of Health (Department of Health). 3. Authority Having Jurisdiction means the Building Services division of the City of Kent Economic and Community Development Department, which is authorized to administer and enforce the provisions of the UPC. 4. Auxiliary Water Supply means water supplied by wells or by cisterns or some other type of water not supplied by the city. 5. Consumer means the owner or operator of a water system connected to a public water system through a service connection. 24 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 6. Director means the director of the public works department or his/her designee. 7. Public Water System means all the public water treatment, storage, and distribution facilities, beginning at the water supply sources and ending at the point of delivery to the consumer's water system, which begins at the downstream end of the service connection or water meter located on the public right of way or utility-held easement. 8. Purveyor means the city of Kent Public Works Department Water Utility, which operates the public water system. 9. Substantial Alteration means any upgrades, additions, repairs, or alterations to any site in exceedance of $100,000.00. Sec. 7.02.330. Adoption of state regulations. The provisions of WAC 246-290-490, as they presently exist and as they may be amended, are hereby adopted and incorporated herein by this reference as if set forth in full. Sec. 7.02.340. Unprotected cross-connection declared unlawful. The installation or maintenance of an unprotected cross- connection is hereby declared to be unlawful. The control and elimination of cross-connections by the public works department shall be in accordance with the applicable sections of the Washington Administrative Code, the Kent City Code and the policies and procedures of the city’s cross-connection control program. Sec. 7.02.350. Cross-connection restrictions – Administration. The public works department shall be responsible for administering KCC 7.02.310 through 7.02.410, including the development of the necessary procedures and practices that are consistent with the standards in this code and chapter 246-290 WAC. Sec. 7.02.360. Cross-connection restrictions – Service connection. 25 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter A. No water service connection from the public water system to any consumer shall be installed or maintained unless the public water system is protected by an approved backflow preventer commensurate with the degree of hazard. B. Water service may be discontinued to any consumer for failure to comply with this chapter. Service may not be re-established until the public works department has verified compliance with this chapter pertaining to cross-connections. Sec. 7.02.370. Entry onto premises. With the consent of the consumer or owner/operator of any premises, through permissions granted in a water service agreement or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. Sec. 7.02.380. Approved backflow preventers required. A. Approved backflow preventers shall be installed at the city’s water service connection commensurate with the assessed degree of hazard. The consumer shall install and maintain all approved backflow preventers deemed necessary by the standards established by the city. B. Premises isolation is required for the following service connections: 1. Severe and high health cross-connection hazard premises listed in WAC 246-290-490(4)(b), Table 9; 2. New commercial multi-tenant facilities; 3. Single-family dwellings with access to an auxiliary water supply; 4. Commercial fire lines; 26 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 5. Commercial irrigation systems; 6. Residential irrigation systems (per the UPC); 7. Residential fire sprinkler systems, excluding the flow-through type (per the UPC). C. Premises isolation may be required after an assessment by the public works department of the following service connections: 1. New commercial facilities; 2. Commercial facilities after a substantial alteration; 3. Facilities with complex plumbing arrangements that make it impracticable to assess whether cross-connection hazards exist; 4. Facilities with cross-connection hazards that are unavoidable or not correctable, such as, but not limited to, facilities which are more than two stories. D. Commercial fire lines with single check valve backflow preventers are subject to the following requirements: 1. Where an existing fire line and/or private fire hydrant system is altered or extended, the existing fire line, fire hydrant(s) and/or yard hydrant and all related backflow protection assemblies shall be upgraded to comply with current City codes. The upgrade requires a backflow permit and all upgrades shall be completed prior to final inspection and permit approval. 2. When single check valve backflow preventers are discovered, the public works department will issue a notice requiring replacement with an approved backflow prevention assembly. The replacement shall be completed within one year of the notice or other timeframe acceptable to the public works department. Sec. 7.02.390. Inspection and testing procedures of approved backflow preventers. A. Approved backflow preventers shall be inspected and tested: 27 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 1. At the time of initial installation; 2. Annually after initial installation; 3. After the approved backflow preventer is repaired; 4. After the approved backflow preventer is moved, relocated, reinstalled or reinstated; 5. After the approved backflow preventer fails testing or inspection and the cause of the failure has been corrected; 6. After installation or replumbing of an air gap; 7. After a backflow incident; 8. More often if tests indicate repeated failures. B. The consumer shall have all required inspections and tests performed by a backflow assembly tester certified by the Washington State Department of Health. The results shall be delivered to the city on a form acceptable to the city. C. If any required inspection and/or test is not performed, or if the approved backflow preventer does not successfully pass the required tests, the city may initiate enforcement as set forth in KCC 7.02.410. Sec. 7.02.400. Approved backflow preventers administrative fee and permit. A. Administrative fee assessed. An administrative fee per approved backflow preventer has been established by council resolution, and is assessed annually. This fee is used to pay for costs incurred by the city to administer the cross-connection control program, including educational outreach, inspections, water-use surveys, and record-keeping mandated by the Washington State Department of Health and the UPC. B. Backflow Prevention Permit. The installation of any approved backflow preventer requires a backflow prevention permit. An inspection fee for the backflow prevention permit shall be established by council 28 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter resolution and assessed at the time of permit issuance. The director is authorized to interpret the fee schedule(s) to resolve any conflict or ambiguity. Sec. 7.02.410. Cross-connection restrictions – Enforcement. A. Any violation of any provision of this chapter may be enforced as provided for in this section. B. Water Service Shutoff and Monetary Penalties. If the public works department determines that an unlawful cross-connection exists and/or that the consumer has failed to meet the inspection and testing requirements for approved backflow preventers, the consumer may be subject to the following penalties: 1. Residential Consumers. (a) Warning. Written notice will be sent to the consumer or, alternatively, a copy of such written notice will be posted on the premises involved. The notice shall provide that the unlawful cross- connection shall be corrected by testing or installation within 30 days of the date the notice is mailed or posted on the premises. (b) First Violation. If the consumer does not correct the violation by testing or installation within 30 days of the first written notice, the consumer may receive a $100 penalty and notice that water service to the premises may be shut off after 30 days. The notice shall include the actions necessary to avoid water service shutoff. (c) Second Violation. If the consumer does not correct the violation by testing or installation within 30 days of the issuance of the first penalty, the consumer may receive an additional $100 penalty and water service to the premises may be shut off immediately. Water service will not be restored until the consumer 29 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter corrects the violations and fully pays the penalty and water shutoff fee. 2. Commercial Consumers. (a) Warning. Written notice will be sent to the consumer or, alternatively, a copy of such written notice will be posted on the premises involved. The notice shall provide that the unlawful cross- connection shall be corrected by testing or installation within 30 days of the date the notice is mailed or posted on the premises. (b) First Violation. If the consumer does not correct the violation by testing or installation within 30 days of the first written notice, the consumer may receive a $500 penalty and notice that water service to the premises may be shut off after 30 days. The notice shall include the actions necessary to avoid water service shutoff. (c) Second Violation. If the consumer does not correct the violation by testing or installation within 30 days of the issuance of the first penalty, the consumer may receive an additional $500 penalty and water service to the premises may be shut off immediately. Water service will not be restored until the consumer corrects the violations and fully pays the penalty and water shutoff fee. 3. Appeal of Water Service Shutoff and Monetary Penalties. A consumer may appeal the water service shutoff and/or the assessment of a monetary penalty to the director. An appeal must be made in writing and must set forth the reasons and include any evidence of why the consumer is not in violation of this chapter. The director will provide written notice of his or her decision on the appeal within 10 business days of the director’s receipt of the appeal. That decision is final, and no additional appeal is available. 30 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter C. Recovery of costs incurred by the city. In addition to any penalty provided for in subsections (B) through (F) of this section, a consumer who violates any of the provisions of this chapter shall be liable for all costs incurred by the city as a result of the violation. The city will issue an invoice to the consumer for the violation advising of the amount of costs incurred by the city as a result of the violation. The consumer must respond within 14 days of service of notice by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the city may seek collection of the invoice through the process provided for in Chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the consumer for the violation from complying with this chapter. 1. Service of notice. Service of an invoice issued under this subsection (C) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060. 2. Process to mitigate or contest invoice. The process through which a consumer may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. The hearing examiner’s decision as to any invoice issued under this subsection (C) is final and may not be further appealed. 3. Failure to pay – Civil infraction. The failure to timely pay an invoice issued under this subsection (C), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to subsection (D) of this section. 31 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter D. Civil infraction. A person who violates any provision of this chapter may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent Municipal Court and processed in the same manner as other infractions filed in the Kent Municipal Court. In addition, a civil code enforcement action may be instituted in accordance with subsection (E) of this section to effectuate any abatement or corrective action required by the person as a result of the violation. E. Civil code enforcement. In addition to, or as an alternative to any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted under the provisions provided for in Chapter 1.04 KCC to effectuate any abatement or corrective action required as a result of a violation of this chapter, including the issuance of a stop use or stop work order under KCC 1.04.090 through 1.04.110. The process through which the person responsible for the violation may contest a stop use or stop work order is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine in accordance with KCC 1.04.080 and 1.04.200, which fine will be separate and apart from any fine that may have been issued under subsection (B) of this section. F. Criminal offense. Except as may otherwise be provided, a person who: 1. Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who 2. Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, 32 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended. (a) For purposes of this section repeated violation means, as evidenced by either a prior committed finding by the Kent Municipal Court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation. 3. If a person is found guilty of a criminal offense as provided for in this subsection (F), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the city of Kent, or any other victim of the offense, for the total suffered loss or damage by reason of the commission of the crime. SECTION 3. – Savings. The existing Chapter 7.02 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 33 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY This page intentionally left blank. Agenda Item: Consent Calendar – 8L TO: City Council DATE: November 20, 2018 SUBJECT: Appointment to Bicycle Advisory Board – Confirm SUMMARY: I am pleased to recommend Cheryl for appointment to the Kent Bicycle Advisory Board for two-year term. Cheryl Koubik is an avid bicyclist who organized and hosts Meetup.com, a cycling group that utilizes the Interurban and Green River trails at least once a month for group rides. Cheryl would like to become involved with KBAB to share her concerns for cyclists - safety that includes trails be maintained in a safe manner. Ms. Koubik travels to the Netherlands each year for a cycling holiday and feels knowledgeable enough to provide safety improvements that can made on our trails here in Kent and the region. Cheryl’s community involvement has included assisting Habitat for Humanity for South King County and the Washington Mortgage Bankers Association. RECOMMENDED BY: Mayor Ralph STRATEGIC PLAN GOAL(S): Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Confirm the appointment of Cheryl Koubik to the Kent Bicycle Advisory Board to fill a vacant position that expires March 20, 2020. This page intentionally left blank. Agenda Item: Consent Calendar – 8M TO: City Council DATE: November 20, 2018 SUBJECT: Appointments to Cultural Communities Board – Confirm SUMMARY: I am pleased to recommend appointment of three new members to the Kent Cultural Communities Board - Oleg Pynda, Lelei Masina and Taffy Johnson for one- year terms that will end November 20, 2019. Also recommend appointment of two new youth members - Tanya Medina and Ayat Murad, for one-year terms that will end November 20, 2019. Oleg Pynda immigrated from the Ukraine decades ago and serves as the Executive Director of the Ukrainian Community Center of Washington. Oleg served on the first Kent Diversity Board having been appointed by Mayor White, followed by appointment to the Mayor’s Advisory Team by Mayor Cooke. Oleg offers depth, awareness and assistance for immigrants and refugees in the Kent community. Lelei Masina is a Kent resident working as one of three Samoan Language and Cultural teachers in the area. Lelei was nominated by the Kent Samoan businesses to make application for this board to serve as a voice for the Samoan community and work within that community so they may become more involved in our city. Taffy Johnson is the Executive Director at UTOPIA (United Territories of Pacific Islanders Alliance) based in Kent. Her work supports members of the QTPI (Queer and Trans Pacific Islanders) and the LGBTQ community where she will serve as a voice for the LGBTQI community, assisting them with basic needs, build career and life pathways, foster a sense of common purpose and advocate for social justice for community members – working together to fight against discrimination. Tanya Medina recently graduated from Central Washington University with a Minor in Law and Justice. She is employed as a Navigator for Seattle Central College. Her work with undocumented people, refugees and allies from all over the state, as well as being a voice for the newer generation. Ayat Murad is currently studying Psychology with a minor in International Studies at the University of Washington. Ayat resides in Kent and has volunteered in the Kent School District in the past as well as holding paid positions in retail. Ayat will be a strong voice for youth in the Kent community. RECOMMENDED BY: Mayor Ralph STRATEGIC PLAN GOAL(S): Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. MOTION: Confirm the appointment of Oleg Pynda, Lelei Masina, Taffy Johnson, and youth members Tanya Medina, and Ayat Murad, to the Kent Cultural Community Board, with terms expiring on November 20, 2019. This page intentionally left blank. Agenda Item: Consent Calendar 8N TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Granting Water System Franchise to Highline Water District - Introduce SUMMARY: For the past year, the City and Highline Water District (Highline) have been negotiating this franchise agreement which governs the operations, installation, construction and maintenance of Highline’s facilities within the City’s rights-of-way and charges Highline a franchise fee. In 2017, the City entered into its first utility franchise agreement with Water District #111. The Highline franchise is modeled after the Water District #111 franchise, but its provisions differ slightly. The Highline franchise runs for a period of 15 years, with an automatic extension of an additional five years, unless a party provides the specified notice to terminate. Following the five-year extension, the franchise renews automatically for one-year periods until terminated. It establishes a franchise fee of six percent of Highline’s “revenue,” which is a specifically defined term within the franchise. In consideration of the franchise fee, the City agrees not to assume the water district and also to forgo any legal authority it has to impose a utility or other excise tax upon Highline. The franchise also addresses other issues regarding Highline’s facilities within the rights- of-way. Specifically, the franchise contains detailed terms on the relocation of Highline’s facilities to accommodate a City project or other project including coordination, consideration of alternatives that avoid relocation, and how to split the costs of relocating the facilities. These terms are particularly important because Highline’s facilities are located in an area in which the City expects significant redevelopment to take place over the term of the franchise. EXHIBITS: Ordinance BUDGET IMPACT: It is estimated that this will bring in $100,000 in revenue each year. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. This page intentionally left blank. 1 Franchise - Highline Water District ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, granting Highline Water District a non-exclusive 15-year franchise to construct, maintain, operate, replace and repair a water system within public rights-of-way of the City of Kent, imposing a franchise fee in the amount of six percent on the District’s revenues and setting forth other provisions concerning the relocation of District facilities to accommodate projects caused by the City and other projects not caused by the City. RECITALS A. Highline Water District, a Washington special purpose municipal corporation (“District"), owns and operates water facilities (“Facilities”) and provides retail utility water service to customers located within the District’s corporate and approved retail water utility service area boundary; a portion of the District’s Facilities are located in the City of Kent, a Washington non-charter municipal code city ("City"), within the City’s right-of-way as hereinafter defined; and B. The City also owns and operates a water utility system and provides retail water utility services to customers located with the City’s corporate and approved retail water utility service area boundary. C. Portions of the District’s and the City’s corporate and retail water utility service area boundaries are adjacent. D. RCW 57.08.005 (3) authorizes the District to conduct water throughout the District and any city and town therein, and construct and 2 Franchise - Highline Water District lay facilities along and upon public highways, roads and streets within and without the District; and E. RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water facilities; and F. The City and the District have prepared a Franchise Agreement (“Franchise” or “Agreement”) to provide for the operation of District Facilities within the City right-of-way, to impose a franchise fee of six percent on District revenues and to govern the relocation of District facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Definitions. Where used in this Franchise these terms have the following meanings: A. "City" means the City of Kent, a Washington municipal corporation, and its respective successors and assigns. B. "District" means Highline Water District, a Washington municipal corporation, and its respective successors and assigns. C. “Facility” or "Facilities" means tanks, reservoirs, water treatment facilities, meters, pipes, mains, services, valves, blow offs, vaults, fire suppression water facilities, risers, generators, electrical control panels, power meters, telephone connections, pressure reducing valves ("PRVs"), pump stations, meter stations, interties, lines, and all other necessary or convenient facilities and appurtenances thereto for the purpose of operating a water utility system, whether the same be located over or under ground. 3 Franchise - Highline Water District D. "Franchise Area" means every and all of the public roads, streets, avenues, alleys, highways and rights-of-way of the City as now or hereafter laid out, platted, dedicated or improved in District's service area within the present corporate boundaries of the City, and as such corporate boundaries may be extended within District's service area by annexation or otherwise. E. "Ordinance" means this Ordinance No. ________, which sets forth the terms and conditions of this Franchise. F. "Party" or "Parties" means the City or the District individually, or collectively as addressed in this Franchise. G. "Revenue" means income received by the District from the sale of metered water to direct retail customers whose connections to the District's water system are located within the City. Revenue shall not include: late fees; shut-off and reconnect fees; delinquent service charge collection costs and expenses; surcharges; impact or mitigation fees; permit fees and costs; any type of connection charges, general facilities charges, or local facilities charges; local improvement district and utility local improvement district assessments and payments; grants; contributed assets (contributions in aid of construction); loans; income from legal settlements not related to water sales to District customers; income from telecommunication leases or licenses; income from real property or from real property sales; income from the sale of surplus equipment, tools or vehicles; interest income; penalties; hydraulic modeling fees; water availability document fees and charges; water system extension agreement fees and charges; income from street lights; labor, equipment and materials charges and the Franchise Fee. SECTION 2. - Franchise. A. The City does hereby grant to District the right, privilege, authority and franchise to construct, install, lay, support, attach, maintain, repair, 4 Franchise - Highline Water District renew, replace, remove, enlarge, operate and use Facilities in, upon, over, under, along, through and across open city right-of-ways within the Franchise Area for purposes of its water utility functions as defined in Title 57 RCW beginning on the Effective Date of this Franchise; provided the City's grant of the right to use the Franchise Area to the District as provided herein for its Facilities shall not be construed to require the District to provide such Facilities to the City. B. Nothing contained in this Ordinance is to be construed as granting permission to District to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this Ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case-by-case basis from the City. C. In addition to the rights granted to the District to undertake and perform activities within the Franchise Area as provided herein, District shall have the right to discharge District water supply to and into the City’s storm water system while performing water system flushing and other District activities, provided any District water to be discharged to the City’s storm water system must comply with all applicable federal and state water quality standards and the City’s NPDES permit relating to the City’s storm water system. D. At all times during the term of this Franchise, District shall fully comply with all applicable federal, state, and local laws and regulations. SECTION 3. - Non-interference of Facilities. A. Survey monuments shall not be removed or destroyed without the District first obtaining the required Department of Natural Resources (DNR) permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as such statute and regulation may be modified and amended. All survey monuments which have been distributed or displaced by such work shall 5 Franchise - Highline Water District be restored pursuant to all federal, state and local standards and specifications. District agrees to promptly complete all restoration work and to promptly repair any damage caused by such work at its sole expense. B. If it is determined that the District has failed to restore the right-of- way in accordance with this Section, the City shall provide the District with written notice, which shall include a description of actions the City believes necessary to restore the right-of-way. If the right-of-way is not restored in accordance with the City's notice within fifteen (15) days of that notice, or such longer period as may be specified in the notice, the City, or its authorized agent, may restore the right-of-way and District shall be responsible for all reasonable costs and expenses incurred by the City in restoring the right-of-way in accordance with this Section. The rights granted to the City under this Section shall be in addition to those otherwise provided by this Franchise. SECTION 4. - Relocation of Facilities. A. Subject to each Party’s prior and consistent compliance with the Section 6 Planning Coordination requirements below, whenever the City causes the grading or widening of the Franchise Area or undertakes construction of storm drainage lines, lighting, signalization, sidewalk improvement, pedestrian amenities, or other public street improvements (for purposes other than those described in Section 4(D) below) and such project requires the relocation of the District's then existing Facilities within the Franchise Area, the City shall: 1. Pursuant to RCW 35.21.905, or as amended, consult with the District in the predesign phase of any such project; and 2. After receipt of written notice from the City, the District shall design and relocate such Facilities within the Franchise Area within ninety (90) days for a smaller project and two hundred forty (240) days for a 6 Franchise - Highline Water District larger project to accommodate the City project, unless the Parties agree on a different time; in any event, the City and the District will, in good faith, use their best efforts to coordinate their project schedules to avoid delay to the City’s project. A smaller project includes but is not limited to adjusting at minimal time and cost, a water service line or a meter to a new grade or location, adjustment of a valve box, relocation or extension of a fire hydrant, or relocation of an air vac assembly or blow off. Notwithstanding the above, the District may, at any time within thirty (30) calendar days after receipt of written notice requesting the relocation of its Facilities, submit to the City written alternatives to such relocations. The City shall within a reasonable time evaluate such alternatives and advise the District in writing whether one or more of the alternatives is suitable to accommodate work that would otherwise necessitate relocation of the Facilities. If so requested by the City, District shall submit such additional information as is necessary to assist the City in making such evaluation. The City shall give each alternative full and fair consideration. In the event the City reasonably determines there is no other reasonable or feasible alternative, the City shall provide the District with further written notice to that effect. In that event, the City shall provide the District with conceptual plans and specifications for the City project and the District shall then relocate its Facilities by the date so established. 3. Coordinate and work with the District to minimize conflicts between existing Facilities and the public improvements where possible, and to avoid having the District relocate its Facilities whenever possible. The City and the District agree that coordination under this Section 4 shall include evaluating the costs of alternative plans that achieve the essential function of the public improvement most efficiently for both the District and the City, and to the greatest extent possible, avoid the relocation of District Facilities. B. If relocation of District Facilities cannot be avoided through the coordination requirements in this Section 4 and a city project causes the 7 Franchise - Highline Water District relocation of District Facilities, the cost of relocating such Facilities existing within the Franchise Area shall be paid as follows: 1. If the relocation occurs within fifteen (15) years after the District or a third party on the District’s behalf initially constructed such Facility, then the City shall pay fifty percent (50%) of the cost of such relocation and the District shall pay the remaining fifty percent (50%); 2. If the relocation occurs more than fifteen (15) years after the District or a third party on the District’s behalf initially constructed such Facility, then the relocation shall be at the District's sole cost. 3. For the purposes of this Section 4, the date of the Facility’s acceptance by the District Board of Commissioners shall determine the age of the Facility. C. Whenever any person or entity, other than the City, requires the relocation of District Facilities to accommodate the work of such person or entity within the Franchise Area, the City agrees not to require the District to relocate its Facilities. District shall have the right as a pre-condition of such relocation to require such person or entity to: 1. Make payment to District at a time and upon terms acceptable to the District for any and all costs and expense incurred by the District in the relocation of District Facilities; and 2. Protect, defend, indemnify and save the District harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another arising out of or in conjunction with the relocation of District Facilities, to the extent such injury or damage is caused by the negligence or willful misconduct of the person or entity requesting the relocation of District Facilities or other negligence or willful misconduct of the agents, servants or employees of the person or entity requesting the relocation of District Facilities. 8 Franchise - Highline Water District D. This Section 4 shall govern all relocations of District's Facilities required in accordance with this Franchise. Any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement or other right not in the Franchise Area shall be borne by the City, provided the City obtains the District's prior consent to such location or relocation. E. For the purpose of this Section 4, a project or improvement is considered to be caused by the City (as described in Section 4(A) above) if it is permitted by the City and both of the following conditions exist: 1. The City is the lead agency for the project or improvement; and 2. Developer assessments, impact fees, contributions in aid of construction, and contributions in lieu of construction make up a minority of the overall costs of the improvement or project. F. If a City project requires the relocation of then existing Facilities within the Franchise Area as provided in this Section 4, the District and the City may agree to include the relocation of any Facilities as part of the City’s public works project under terms and conditions agreed between the City and the District. SECTION 5. - Right-of-Way Management. A. Excavation. Whenever the District excavates in any right-of-way for the purpose of installation, construction, operation, maintenance, repair or relocation of its Facilities, it shall apply to the City for a permit to do so in accordance with the ordinances and regulations of the City requiring permits to operate in City right-of-way. No District work shall commence within any City right-of-way without a permit, except as otherwise provided in this Franchise and applicable City Ordinance. 9 Franchise - Highline Water District B. Restoration after Construction. The District shall, after any installation, construction, relocation, operation, maintenance or repair of Facilities within the Franchise Area, restore the right-of-way as nearly as reasonably possible to its condition prior to any such work. The District agrees to promptly complete all restoration work and to promptly repair any damage to the right-of-way caused by such work at its sole cost and expense. If it is determined the District has failed to restore the right-of- way in accordance with this Franchise and other applicable City regulations, the City shall provide the District with written notice including a description of the actions the City believes necessary to restore the right-of-way. C. Bonding Requirement. The District, as a public agency, shall not be required to comply with the City's standard bonding requirement for working in the City's right-of-way. D. Emergency Work, Permit Waiver. In the event of an emergency where any District Facilities located in the right-of-way are broken or damaged, or if the District's construction area for the District's Facilities is in a condition as to place health or safety of any person or property in imminent danger, the District shall immediately take any necessary emergency measures to repair, replace or remove its Facilities without first applying for and obtaining a permit as required by this Franchise; provided the District shall notify the City as soon as reasonably possible relative to such emergency activity and shall immediately obtain a permit for such activity if required by this Franchise or City Ordinance. E. City Work Zones. The District shall not be required to obtain a City right-of-way permit to undertake utility work to accommodate a City- initiated project when the City and the District are jointly undertaking a project in the Franchise Area and the District work is located within the 10 Franchise - Highline Water District City "work zone" for which the City has already approved a traffic control, pedestrian safety or other applicable plans. F. Complete Right-of-Way Permit Applications. If the District is required to obtain any permit from the City to undertake utility work in the Right-of-Way in the Franchise Area, the City shall provide written review comments within twenty-one (21) calendar days of receiving a complete application for such permit. If the permit application requires resubmittal by the District, the City shall complete all subsequent reviews within fourteen (14) days of the receipt of such submittal. To be considered complete for purposes of this section, the application must show existing utilities, hard surfaces and proposed restoration. G. City Invoices. The City shall invoice the District for all City fees and charges relating to the issuance of any City permits to the District, such as a City right-of-way permit or franchise street use permit, to undertake utility work in the Franchise Area, including inspection fees and charges, on a monthly basis, and the City’s final fees and charges within sixty (60) calendar days of the completion of any District work in City right-of-way subject to a City permit, and the City’s final acceptance of any such District work. The District shall pay all such City fees and charges within thirty (30) calendar days of receipt of the City’s invoice for such fees and charges, except for any disputed fees and charges. H. Regular Maintenance. The City will not require the District to obtain a right-of-way permit, or any other City-issued permit, to conduct regular maintenance of the District’s Facilities, including, but not limited to, flushing mains, video inspecting mains, valve, blow-off or hydrant adjustments, or repairing surface areas around existing Facilities, unless such maintenance impacts a traffic lane or a high pedestrian area on SR 99; SR 516; Military Road; South 272nd Street; 30th Avenue South; or South 259th Place/ South 260th Street. 11 Franchise - Highline Water District SECTION 6. - Planning Coordination. A. The Parties agree to participate in the development of, and reasonable updates to, the other Party's planning documents to the extent they apply to the District’s service area within the City limits as follows: 1. Each Party will participate in a cooperative effort to develop their respective Comprehensive Plan Utilities Elements that meet the requirements described in RCW 36.70A.070 (4). 2. Each Party will participate in a cooperative effort with the other Party to ensure that the Utilities Elements of their Comprehensive Plans are accurate as they relate to their operations and are updated to ensure continued relevance at reasonable intervals. 3. Each Party shall submit information related to the general location, proposed location, and capacity of all existing and proposed Facilities as requested by the other Party within a reasonable time, not exceeding sixty (60) days from receipt of a written request for such information, provided that such information is in the non-requesting Party’s possession, or can be reasonably developed from the information in the non-requesting Party’s possession. 4. Each Party will provide information relevant to their operations within a reasonable period of written request to assist the other Party in the development or update of their respective Comprehensive Plan(s), provided that such information is in the non-requesting Party’s possession, or can be reasonably developed from the information in the non-requesting Party’s possession. B. District and City shall each assign a representative whose responsibility shall be to coordinate planning for capital improvement plan projects including those that involve undergrounding. At a minimum, such coordination shall include: 12 Franchise - Highline Water District 1. For the purpose of planning, the District and the City shall provide each other with a copy of their respective current adopted Capital Improvement Plan annually and upon request by the other Party. 2. By February 1st of each year, District shall provide the City with a schedule of the District's planned capital improvements which may affect the rights-of-way for that year. 3. By February 1st of each year, City shall provide the District with a schedule of City's planned capital improvements which may affect the rights-of-way for that year including but not limited to street overlays and repairs, storm drainage improvements and construction, and all other rights-of-way activities that could affect District capital improvements and infrastructure. 4. The District shall meet with the City, and other franchisees and users of the right-of-way, as necessary, to schedule and coordinate construction activities. 5. All construction locations, activities, and schedules should be coordinated to minimize public inconvenience, disruption or damages. 6. The City and the District agree to cooperate in the planning and implementation of emergency operations response procedures. 7. Without charge to either Party, both Parties agree to provide each other with as-built plans, maps and records in electronic format as available that show the location of its facilities within rights-of-way. SECTION 7. - Indemnification. A. District shall indemnify, defend and hold the City, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of District or its 13 Franchise - Highline Water District agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted District in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the City, its agents, officers, employees, volunteers or assigns. B. City shall indemnify, defend and hold the District, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of City or its agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted City in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, employees, volunteers or assigns. C. In the event any such claim or demand be presented to or filed with the District or the City arising out of or relating to the acts or omissions in whole or in part of the other Party, the Party shall promptly notify the other Party thereof, and the notified Party shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand. D. Should a court of competent jurisdiction determine that this Franchise 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 City and District, their officers, employees and agents, District's liability hereunder shall be only to the extent of District's negligence. It is further specifically and 14 Franchise - Highline Water District expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SECTION 8. - Default. If the District fails to comply with any of the provisions of this Franchise, unless otherwise provided for herein, the City may serve upon the District a written order to so comply within thirty (30) days from the date such order is received by the District. If the District is not in compliance with this Franchise after expiration of said thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses of such action to District. The City may act without the thirty (30) day notice in case of an emergency. SECTION 9. - Non-exclusive Franchise. This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area, which do not interfere with District's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 10. - Franchise Term. This Franchise shall have a term of fifteen (15) years from its Effective Date as defined in Section 29 herein; provided, this Franchise shall be automatically extended for one additional five (5) year period unless either Party at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the Franchise term; provided, at the end of the five (5) year term, this Franchise shall be automatically extended for successive one (1) year periods unless either Party at least one hundred twenty (120) prior to the termination date of any one (1) year extension provides written notice to 15 Franchise - Highline Water District the other Party of its intent to terminate the Franchise at the end of the then current Franchise term. SECTION 11. - Non-assumption. In consideration of the District's payment of the Franchise Fee to the City as provided in Section 12 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear its statutory authority pursuant to chapter 35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. The City's agreement and forbearance includes not facilitating or cooperating with any other city or town to attempt pursuant to RCW 35.13A.060 or as such statute may be amended or superseded to assume jurisdiction over the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. SECTION 12. - Franchise Fee. A. In consideration of the rights granted the District under this Franchise, the District shall pay to the City a franchise fee (“Franchise Fee”) in the amount of six percent (6.0%) of the District's Revenue beginning the first day of the first calendar quarter occurring at least sixty (60) days after the Effective Date of this Franchise, subject to the provisions of Section 12(B) herein. B. Franchise Fees shall be paid to the City in bi-monthly installments due and payable within thirty (30) days following the end of the bi-monthly period. C. Should the District be prevented by judicial or legislative action from paying any or all of the Franchise Fees, the District shall be excused from 16 Franchise - Highline Water District paying that portion of the Franchise Fee and this Franchise agreement will immediately terminate, unless the Parties otherwise agree. D. In consideration of the District's payment of a Franchise Fee to the City as provided in Section 12 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear any legal authority it may have to impose a utility, business and occupation tax, public utility tax, privilege tax, excise tax or any other tax (collectively, "Excise Tax") upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise. However, if a court of competent jurisdiction determines the City may not agree to forbear its statutory authority to impose an Excise Tax upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise, or to limit any such Excise Tax on the District’s revenues, gross receipts, or gross income, the District shall have the right and option, at its sole election, to (1) terminate this Franchise and the payment of Franchise Fees to the City, and if the City determines to impose an Excise Tax on the District, the District shall have the right to bring an action to challenge the legal validity of any such Excise Tax, or (2) if the Parties mutually agree, elect not to terminate this Franchise and the District may agree to pay any such Excise Tax, provided the District’s Franchise Fees herein to the City shall be credited against any such Excise Tax the City may impose. E. In consideration of the District’s payment of a Franchise Fee to the City as provided herein, and the District’s acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear any legal authority it may have to impose compensation or a rental fee (collectively, “Rental Fee”) upon the District for the District’s use of the Franchise Area as provided for herein. 17 Franchise - Highline Water District F. The District shall have the right to recover the Franchise Fee from the District's ratepayers residing within the City and may identify the Franchise Fee as a separate billing item on utility customer billings by using the following line item: “Effect of City of Kent Franchise Fee: $X.xx” SECTION 13. - Compliance with Codes and Regulations; Annexations; Service Area Boundary. A. The rights, privileges and authority herein granted are subject to and governed by this ordinance and all other applicable City ordinances and codes, as they now exist or may hereafter be amended, provided the City shall not unreasonably affect or modify any portion of this Franchise without District's written approval. Nothing in this ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public. Any location, relocation, erection or excavation by District shall be performed by District in accordance with applicable federal, state and City rules and regulations, including the City public works policies and pre-approved plans, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect. B. If any territory served by District is annexed to the City after the Effective Date of this Franchise, this Franchise shall be deemed to be the new agreement required to be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period of time is then remaining under this Franchise for the Franchise Area, unless a longer time period is required by that statute. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. The first Franchise Fee for any annexed area shall be calculated pro rata from the effective date of the annexation to the end of the next bi-monthly period and paid to the City at the same time as the fee for the Franchise Area is paid for that quarter. 18 Franchise - Highline Water District C. The District's and the City's exclusive retail water service area boundaries have been established and approved pursuant to chapter 70.116 RCW, the Public Water System Coordination Act of 1977. In accordance with the South King County Coordinated Water System Plan prepared pursuant to the Act, the District and the City have been designated the exclusive water service purveyors within their respective authorized water service areas. The District's and the City's retail water service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health, King County and other public agencies with jurisdiction. The water system plans designate the District and the City as the exclusive water service purveyors within their respective authorized water service areas. The District and the City have reviewed certain service areas where their water service areas are adjacent to determine which Party is the most logical provider of water service to the property located within such areas based on the sizing and proximity of the Parties' respective water systems to such property. Based on such review, the Parties have determined to adjust and confirm the exclusive retail water service area boundary between the Parties. Therefore, the Parties agree that their respective exclusive retail water service area boundaries shall be modified, adjusted and confirmed as described and depicted on Exhibit A attached hereto and incorporated herein by this reference (“City of Kent- Highline Water District Retail Water Service Area Boundary” or “Retail Water Service Area Boundary”). The Parties agree to cooperatively participate in obtaining any required approvals by public agencies with jurisdiction to reflect and confirm the exclusive retail water service area boundary as depicted on Exhibit A. The respective exclusive retail water service area boundaries as provided herein shall survive any termination or expiration of this Franchise. Any modification of the exclusive retail water service area boundary provided herein shall be by written agreement between the Parties. This provision and the agreed exclusive 19 Franchise - Highline Water District retail water service area boundary between the Parties shall supersede, rescind, and cancel all prior agreements between the Parties relative to the Parties’ respective retail water service area boundaries. SECTION 14. - Location of Facilities and Equipment. With the exception of components that are traditionally installed above ground such as fire hydrants, blow offs, vault lids, risers, pump stations, generators, electrical control panels, power meters, telephone connections, automated reading equipment and appurtenances, and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use and zoning code and applicable development pre-approved plans. SECTION 15. - Record of Installations and Service. With respect to excavations by District and the City within the Franchise Area, District and the City shall each comply with its respective obligations pursuant to chapter 19.122 RCW, and as such statute may be modified and amended, and any other applicable state law. Upon written request of the City, District shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. Upon written request of District, the City shall provide District with the most recent update available of any plan of potential improvements to its improvements located within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the 20 Franchise - Highline Water District Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. Available as-built drawings of the location of any Facilities located within the Franchise Area shall be made available to the requesting Party within a reasonable time, which should typically not exceed fourteen (14) calendar days of request. SECTION 16. - Shared Use of Excavations. A. District and the City shall exercise best efforts to coordinate construction work that either Party may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Areas informed of its intent to undertake such construction work. District and the City shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. B. If at any time, or from time to time, either District, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: 1. No statutes, laws, regulations, ordinances or District policies prohibit or restrict the proximity of other utilities or facilities to District's Facilities installed or to be installed within the area to be excavated; 2. Such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; 3. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. The Parties shall each 21 Franchise - Highline Water District cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. SECTION 17. - Insurance. District shall maintain in full force and effect throughout the term of this Franchise, a minimum of Two Million Dollars ($2,000,000.00) liability insurance for property damage and bodily injury. In satisfying the insurance requirement set forth in this Section, District may self-insure against such risks in such amounts as are consistent with good utility practice. Upon request, the District shall provide the City with sufficient written evidence, as determined by the City in its reasonable discretion, that such insurance (or self-insurance) is being so maintained by District. Such written evidence shall include, to the extent available from District's insurance carrier, a written certificate of insurance with respect to any insurance maintained by District in compliance with this Section. SECTION 18. - Abandonment and/or Removal of District Facilities. The Parties agree that the standard practice will be to abandon underground District Facilities in-place whenever practical, subject to the following conditions: 1. The District shall continue to own and be responsible for any such facilities abandoned within the Franchise Area. 2. The City shall have the right to require the District to remove any Facilities abandoned within the Franchise Area if the City reasonably determines the removal of the abandoned Facility is required to facilitate the construction or installation of a City project within the Franchise Area and the City determines there is no other reasonable or feasible alternative to the removal of the Facility. The City will make reasonable efforts to avoid conflicts with abandoned Facilities whenever possible, however, whenever a conflict cannot be resolved except by removal from the right- of-way of previously abandoned District Facilities, then the District shall, at 22 Franchise - Highline Water District the District's expense, remove such abandoned Facilities by their own forces or by participating in the City’s public works project. When necessary, removal of abandoned Facilities shall be limited to the area of direct conflict. In removing such material, the District shall conform to all local, state, and federal regulations applicable to asbestos abatement, when applicable. 3. Within forty-five (45) calendar days of the District’s permanent cessation of use of any of its Facilities as determined by the District, or any portion thereof, the District will, in good faith, use its best efforts to provide as-built drawings locating the abandoned Facilities or if unable to provide as-built drawings, will provide the most complete and accurate drawings the District can make available to provide adequate notice of the location of all abandoned Facilities. 4. District Facilities that are abandoned in-place shall be abandoned pursuant to City Standards, to the satisfaction of the Public Works Director. 5. The Parties expressly agree that this section shall survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. SECTION 19. - Vacation of Franchise Area. If the City determines to vacate any right-of-way which is part of the Franchise Area where District Facilities are located or maintained, any ordinance vacating such right-of-way shall provide and condition such vacation on the District obtaining, at no cost to the District, a permanent easement at least fifteen (15) feet wide in such vacated right-of-way for the construction, operation, maintenance, repair and replacement of its Facilities located and to be located in such vacated right-of-way. SECTION 20. - Assignment. All of the provisions, conditions, and requirements herein contained shall be binding upon the District, and no right, privilege, license or authorization granted to the District hereunder 23 Franchise - Highline Water District may be assigned or otherwise transferred without the prior written authorization and approval of the City, which the City may not unreasonably withhold, condition or delay, provided that a merger or consolidation of District with or into another Title 57 water-sewer district shall not be considered an assignment for the purposes of this provision and shall not be subject to the City's approval. SECTION 21. - Notice. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by any Party (collectively, "notices") shall be in writing and shall be validly given or made to another Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by email, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 Phone: (253) 856-5725 Fax: (253) 856-6725 24 Franchise - Highline Water District To District: General Manager Highline Water District 23828 – 30th Ave. S. Kent, WA 98032 Phone: (206) 824-0375 Fax: (206) 824-0806 Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner required by this Section to the other Party. SECTION 22. - Non-Waiver. The failure of either Party to enforce any breach or violation by the other Party or any provision of this Franchise shall not be deemed to be a waiver or a continuing waiver by the non-breaching Party of any subsequent breach or violation of the same or any other provision of this Franchise. SECTION 23. - Alternate Dispute Resolution. If the Parties are unable to resolve disputes arising from the terms of this Franchise, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to mediation or other non-binding alternate dispute resolution process agreed to by the Parties. Unless otherwise agreed upon between the Parties or determined herein, the cost of that process shall be shared equally by the Parties. SECTION 24. - Governing Law/Venue. This Franchise shall be governed by the laws of the State of Washington. Any suit to enforce or relating to this Agreement shall only be filed in King County Superior Court, King County, Washington. SECTION 25. - Entire Agreement. The Recitals set forth above are hereby incorporated herein in full by this reference. This Franchise constitutes the entire understanding and agreement between the Parties as to the subject matter herein and no other agreements or 25 Franchise - Highline Water District understandings, written or otherwise, shall be binding upon the Parties upon execution and acceptance hereof. This Franchise shall supersede, rescind and cancel any prior franchise or agreement granted by the City to the District to locate and operate a public water system within the Franchise Area. SECTION 26. - Amendment. This Franchise may be amended only by written instrument, signed by both Parties, which specifically states that it is an amendment to this Franchise, and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 7 “Indemnification” above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by District of any and all rights, benefits, privileges, obligations, or duties in and under this Franchise, unless such permit, approval, license, agreement or document specifically: 1. References this Franchise; and 2. States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document that does not comply with Subsections (1) and (2) referenced immediately above, the provisions of this Franchise shall control. SECTION 27. - Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the 26 Franchise - Highline Water District District as set forth in this ordinance. The District shall have thirty (30) days from the date of receipt of the certified copy of this ordinance to accept in writing the terms of the Franchise granted to the District by this ordinance and file with the City Clerk the executed statement of Acceptance of Franchise, attached hereto as Exhibit B and incorporated herein by this reference. SECTION 28. - District Acceptance of Franchise. District shall have no rights under this Franchise nor shall District be bound by the terms and conditions of this Franchise unless District shall, within thirty (30) days after the receipt of the certified copy of this ordinance as addressed in Section 27 herein, file with the City its written acceptance of this Franchise. SECTION 29. - Effective Date of Franchise. The terms and conditions of this ordinance shall not be binding on the City and the District unless the District Board of Commissioners within thirty (30) days of the receipt of the certified copy of this ordinance as addressed in Section 27 herein adopts a resolution accepting this Franchise, and the date of the adoption of such resolution by the District Board of Commissioners shall be the effective date ("Effective Date") of the Franchise. SECTION 30. – Severability. If any one or more section, subsection, or sentence of this franchise is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this franchise and the same shall remain in full force and effect. SECTION 31. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 27 Franchise - Highline Water District SECTION 32. - Effective Date of Ordinance. This ordinance shall take effect and be in force five (5) days after its publication, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 68 A v S W James St Re i t h R d S 212 St S 260 St S 216 St W Meeker St 84 A v S S 200 St 64 A v S W Smith St RussellRdS E S m ith St S 188 St 2 4 P l S 80PlS Pac i f i c H w y S 4 A v N 4 A v S Ce n t r a l A v N S 228 St S 259 Pl 36 A v S S 277 St 80 A v S V e t e r a n s D r 76 A v S 24 Av S S 272 St S S t a r L a k e R d Ce n t r a l A v S S 196 St S 208 St Mi l i t a r y R d S 68 Av S Orilli a R d S SouthcenterPkwy S K e n t - D e s M oin es Rd S 180 St Wa s h i n g t o n A v S S 178 S t S 2 72 Wy !(181 !(181 !(167 !(99 XYZ5 XYZ5 !(516 GREEN R I VER G REEN RIV ER GREEN R I VER Un i o n P a c i f i c R a i l r o a d B u r l i n g t o n N o r t h e r n R a i l r o a d Bu r l i n g t o n N o r t h e r n R a i l r o a d Kent/Highline Water District Boundary Kent Citylimits ops17-41a.mxd ± Data provided by Highline Water District and City of Kent GIS May 2018 Exhibit A City of Kent - Highline Water District Retail Water Service Area Boundary Map Kent retail water service area Highline retail water service area May 2018 29 Franchise - Highline Water District EXHIBIT B ACCEPTANCE OF FRANCHISE The undersigned authorized representative of Highline Water District (District) hereby declares on the District’s behalf the District’s acceptance of the nonexclusive franchise to Highline Water District approved by the City of Kent City Council on ____________, ___________, 2018, by the adoption of City of Kent Ordinance No. ______. DATED this ______ day of ________________, 2018. Highline Water District By: ______________________________ Its: ______________________________ This page intentionally left blank. Agenda Item: Consent Calendar 8O TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Granting Sewer Franchise to Midway Sewer District - Introduce SUMMARY: For the past year, the City and Midway Sewer District (Midway) have been negotiating this franchise agreement which governs the operations, installation, construction and maintenance of Midway’s facilities within the City’s rights-of-way and charges Midway a franchise fee. The Midway franchise was negotiated simultaneously with the Highline Water District franchise, which means that the franchises are substantively the same, with adjustments to account for the differences in the type of facilities involved. The Midway franchise runs for a period of 15 years, with an automatic extension of an additional five years, unless a party provides the specified notice to terminate. Following the five-year extension, the franchise renews automatically for one-year periods until terminated. It imposes a franchise fee of six percent on Midway’s “revenue,” which is a specifically defined term within the franchise. In consideration of the franchise fee, the City agrees not to assume the water district and also to forgo any legal authority it has to impose a utility or other excise tax upon Midway. The franchise also addresses other issues regarding Midway’s facilities within the rights- of-way. Specifically, the franchise contains detailed terms on the relocation of Midway’s facilities to accommodate a City project or other project including coordination, consideration of alternatives that avoid relocation, and how to split the costs of relocating the facilities. These terms are particularly important because Midway’s facilities are located in an area in which the City expects significant redevelopment to take place over the term of the franchise. EXHIBITS: Ordinance BUDGET IMPACT: It is estimated that this will bring in $45,000 in revenue each year. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. This page intentionally left blank. 1 Franchise - Midway Sewer District 648928.2 - 356659 -0002 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, granting Midway Sewer District a non-exclusive 15-year franchise to construct, maintain, operate, replace and repair a sewer system within public rights-of-way of the City of Kent, imposing a franchise fee in the amount of six percent on the District’s revenues and setting forth other provisions concerning the relocation of District facilities to accommodate projects caused by the City and other projects not caused by the City. RECITALS A. Midway Sewer District, a Washington special purpose municipal corporation (“District"), owns and operates sewer facilities (“Facilities”) and provides retail utility sewer service to customers located within the District’s corporate and approved sewer utility service area boundary; a portion of the District’s Facilities are located in the City of Kent, a Washington non-charter municipal code city ("City"), within the City’s right-of-way as hereinafter defined; and B. The City also owns and operates a sewer utility system and provides sewer utility services to customers located with the City’s corporate and approved sewer utility service area boundary. C. Portions of the District’s and the City’s corporate and sewer utility service area boundaries are adjacent. 2 Franchise - Midway Sewer District 648928.2 - 356659 -0002 D. RCW 57.08.005 (5) authorizes the District to conduct sewage throughout the District and any city and town therein, and construct and lay facilities along and upon public highways, roads and streets within and without the District; and E. RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated sewer facilities; and F. The City and the District have prepared a Franchise Agreement (“Franchise” or “Agreement”) to provide for the operation of District Facilities within the City right-of-way, to impose a franchise fee of six percent on District revenues and to govern the relocation of District facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Definitions. Where used in this Franchise these terms have the following meanings: A. "City" means the City of Kent, a Washington municipal corporation, and its respective successors and assigns. B. "District" means Midway Sewer District, a Washington municipal corporation, and its respective successors and assigns. C. “Facility” or "Facilities" means manholes, pipes, mains, laterals, forcemains, valves, vaults, risers, generators, electrical control panels, power meters, telephone connections, lift stations, lines and all other necessary or convenient facilities and appurtenances thereto for the 3 Franchise - Midway Sewer District 648928.2 - 356659 -0002 purpose of operating a wastewater utility system, whether the same be located at the surface or underground. D. "Franchise Area" means every and all of the public roads, streets, avenues, alleys, highways and rights-of-way of the City as now or hereafter laid out, platted, dedicated or improved in District's service area within the present corporate boundaries of the City, and as such corporate boundaries may be extended within District's service area by annexation or otherwise. E. "Ordinance" means this Ordinance No. ________, which sets forth the terms and conditions of this Franchise. F. "Party" or "Parties" means the City or the District individually, or collectively as addressed in this Franchise. G. "Revenue" means income received by the District from the provision of sewer service to direct retail customers whose connections to the District's sewer system are located within the City. Revenue shall not include: late fees; shut-off and reconnect fees; delinquent service charge collection costs and expenses; surcharges; impact or mitigation fees; permit fees and costs; any type of connection charges, general facilities charges, or local facilities charges; local improvement district and utility local improvement district assessments and payments; grants; contributed assets (contributions in aid of construction); loans; income from legal settlements not related to the provision of sewer service to District customers; income from telecommunication leases or licenses; income from real property or from real property sales; income from the sale of surplus equipment, tools or vehicles; interest income; penalties; hydraulic modeling fees; sewer availability document fees and charges; sewer system extension agreement fees and charges; income from street lights; labor, equipment and materials charges, and the Franchise Fee. 4 Franchise - Midway Sewer District 648928.2 - 356659 -0002 SECTION 2. - Franchise. A. The City does hereby grant to District the right, privilege, authority and franchise to construct, install, lay, support, attach, maintain, repair, renew, replace, remove, enlarge, operate and use Facilities in, upon, over, under, along, through and across open city right-of-ways within the Franchise Area for purposes of its sewer utility functions as defined in Title 57 RCW beginning on the Effective Date of this Franchise; provided the City's grant of the right to use the Franchise Area to the District as provided herein for its Facilities shall not be construed to require the District to provide such Facilities to the City. B. Nothing contained in this Ordinance is to be construed as granting permission to District to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this Ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case-by-case basis from the City. C. At all times during the term of this Franchise, District shall fully comply with all applicable federal, state, and local laws and regulations. SECTION 3. - Non-interference of Facilities. A. Survey monuments shall not be removed or destroyed without the District first obtaining the required Department of Natural Resources (DNR) permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as such statute and regulation may be modified and amended. All survey monuments which have been distributed or displaced by such work shall be restored pursuant to all federal, state and local standards and specifications. District agrees to promptly complete all restoration work 5 Franchise - Midway Sewer District 648928.2 - 356659 -0002 and to promptly repair any damage caused by such work at its sole expense. B. If it is determined that the District has failed to restore the right-of- way in accordance with this Section, the City shall provide the District with written notice, which shall include a description of actions the City reasonably believes necessary to restore the right-of-way. If the right-of- way is not restored in accordance with the City's notice within fifteen (15) days of that notice, or such longer period as may be specified in the notice, the City, or its authorized agent, may restore the right-of-way and District shall be responsible for all reasonable costs and expenses incurred by the City in restoring the right-of-way in accordance with this Section. The rights granted to the City under this Section shall be in addition to those otherwise provided by this Franchise. SECTION 4. - Relocation of Facilities. A. Subject to each Party’s prior and consistent compliance with the Section 6 Planning Coordination requirements below, whenever the City causes the grading or widening of the Franchise Area or undertakes construction of storm drainage lines, lighting, signalization, sidewalk improvement, pedestrian amenities, or other public street improvements (for purposes other than those described in Section 4(D) below) and such project requires the relocation of the District's then existing Facilities within the Franchise Area, the City shall: 1. Pursuant to RCW 35.21.905, or as amended, consult with the District in the predesign phase of any such project; and 2. After receipt of written notice from the City, the District shall design and relocate such Facilities within the Franchise Area within ninety (90) days for a smaller project and two hundred forty (240) days for a larger project to accommodate the City project, unless the Parties agree 6 Franchise - Midway Sewer District 648928.2 - 356659 -0002 on a different time; in any event, the City and the District will, in good faith, use their best efforts to coordinate their project schedules to avoid delay to the City’s project. A smaller project includes but is not limited to adjusting at minimal time and cost, a sewer service line or a manhole frame and cover to a new grade or location, adjustment of a valve box, or relocation of an air vac assembly. Notwithstanding the above, the District may, at any time within thirty (30) calendar days after receipt of written notice requesting the relocation of its Facilities, submit to the City written alternatives to such relocations. The City shall within a reasonable time evaluate such alternatives and advise the District in writing whether one or more of the alternatives is suitable to accommodate work that would otherwise necessitate relocation of the Facilities. If so requested by the City, District shall submit such additional information as is necessary to assist the City in making such evaluation. The City shall give each alternative full and fair consideration. In the event the City reasonably determines there is no other reasonable or feasible alternative, the City shall provide the District with further written notice to that effect. In that event, the City shall provide the District with conceptual plans and specifications for the City project and the District shall then relocate its Facilities by the date so established. 3. Coordinate and work with the District to minimize conflicts between existing Facilities and the public improvements where possible, and to avoid having the District relocate its Facilities whenever possible. The City and the District agree that coordination under this Section 4 shall include evaluating the costs of alternative plans that achieve the essential function of the public improvement most efficiently for both the District and the City, and to the greatest extent possible, avoid the relocation of District Facilities. B. If relocation of District Facilities cannot be avoided through the coordination requirements in this Section 4 and a city project causes the 7 Franchise - Midway Sewer District 648928.2 - 356659 -0002 relocation of District Facilities, the cost of relocating such Facilities existing within the Franchise Area shall be paid as follows: 1. If the relocation occurs within fifteen (15) years after the District or a third party on the District’s behalf initially constructed such Facility, then the City shall pay fifty percent (50%) of the cost of such relocation and the District shall pay the remaining fifty percent (50%); 2. If the relocation occurs more than fifteen (15) years after the District or a third party on the District’s behalf initially constructed such Facility, then the relocation shall be at the District's sole cost. 3. For the purposes of this Section 4, the date of the Facility’s acceptance by the District Board of Commissioners shall determine the age of the Facility. C. Whenever any person or entity, other than the City, requires the relocation of District Facilities to accommodate the work of such person or entity within the Franchise Area, the City agrees not to require the District to relocate its Facilities. District shall have the right as a pre-condition of such relocation to require such person or entity to: 1. Make payment to District at a time and upon terms acceptable to the District for any and all costs and expense incurred by the District in the relocation of District Facilities; and 2. Protect, defend, indemnify and save the District harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another arising out of or in conjunction with the relocation of District Facilities, to the extent such injury or damage is caused by the negligence or willful misconduct of the person or entity requesting the relocation of District Facilities or other negligence or willful misconduct of the agents, servants or employees of the person or entity requesting the relocation of District Facilities. 8 Franchise - Midway Sewer District 648928.2 - 356659 -0002 D. This Section 4 shall govern all relocations of District's Facilities required in accordance with this Franchise. Any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement or other right not in the Franchise Area shall be borne by the City, provided the City obtains the District's prior consent to such location or relocation. E. For the purpose of this Section 4, a project or improvement is considered to be caused by the City (as described in Section 4(A) above) if it is permitted by the City and both of the following conditions exist: 1. The City is the lead agency for the project or improvement; and 2. Developer assessments, impact fees, contributions in aid of construction, and contributions in lieu of construction make up a minority of the overall costs of the improvement or project. F. If a City project requires the relocation of then existing Facilities within the Franchise Area as provided in this Section 4, the District and the City may agree to include the relocation of any Facilities as part of the City’s public works project under terms and conditions agreed between the City and the District. SECTION 5. - Right-of-Way Management. A. Excavation. Except as provided in Section 5(H) herein, whenever the District excavates in any right-of-way for the purpose of installation, construction, operation, maintenance, repair or relocation of its Facilities, it shall apply to the City for a permit to do so in accordance with the ordinances and regulations of the City requiring permits to operate in City right-of-way. No District work shall commence within any City right-of- way without a permit, except as otherwise provided in this Franchise and applicable City Ordinance. 9 Franchise - Midway Sewer District 648928.2 - 356659 -0002 B. Restoration after Construction. The District shall, after any installation, construction, relocation, operation, maintenance or repair of Facilities within the Franchise Area, restore the right-of-way as nearly as reasonably possible to its condition prior to any such work. The District agrees to promptly complete all restoration work and to promptly repair any damage to the right-of-way caused by such work at its sole cost and expense. If it is determined the District has failed to restore the right-of- way in accordance with this Franchise and other applicable City regulations, the City shall provide the District with written notice including a description of the actions the City reasonably believes necessary to restore the right-of-way. C. Bonding Requirement. The District, as a public agency, shall not be required to comply with the City's standard bonding requirement for working in the City's right-of-way. D. Emergency Work, Permit Waiver. In the event of an emergency where any District Facilities located in the right-of-way are broken, damaged or plugged, or if the District's construction area for the District's Facilities is in a condition as to place health or safety of any person or property in imminent danger, the District shall immediately take any necessary emergency measures to repair, replace or remove its Facilities without first applying for and obtaining a permit as required by this Franchise; provided the District shall notify the City as soon as reasonably possible relative to such emergency activity and shall immediately obtain a permit for such activity if required by this Franchise or City Ordinance. E. City Work Zones. The District shall not be required to obtain a City right-of-way permit to undertake utility work to accommodate a City- initiated project when the City and the District are jointly undertaking a project in the Franchise Area and the District work is located within the 10 Franchise - Midway Sewer District 648928.2 - 356659 -0002 City "work zone" for which the City has already approved a traffic control, pedestrian safety or other applicable plans. F. Complete Right-of-Way Permit Applications. If the District is required to obtain any permit from the City to undertake utility work in the Right-of-Way in the Franchise Area, the City shall provide written review comments within twenty-one (21) calendar days of receiving a complete application for such permit. If the permit application requires resubmittal by the District, the City shall complete all subsequent reviews within fourteen (14) days of the receipt of such submittal. To be considered complete for purposes of this section, the application must show existing utilities, hard surfaces and proposed restoration. G. City Invoices. The City shall invoice the District for all City fees and charges relating to the issuance of any City permits to the District, such as a City right-of-way permit or franchise street use permit, to undertake utility work in the Franchise Area, including inspection fees and charges, on a monthly basis, and the City’s final fees and charges within sixty (60) calendar days of the completion of any District work in City right-of-way subject to a City permit, and the City’s final acceptance of any such District work. The District shall pay all such City fees and charges within thirty (30) calendar days of receipt of the City’s invoice for such fees and charges, except for any disputed fees and charges. H. Regular Maintenance. The City will not require the District to obtain a right-of-way permit, or any other City-issued permit, to conduct regular maintenance of the District’s Facilities, including, but not limited to, flushing mains, video inspecting mains, or manhole adjustments, or repairing surface areas around existing facilities, unless such maintenance impacts a traffic lane or a high pedestrian area on SR 99; SR 516; Military Road; South 272nd Street; 30th Avenue South; or South 259th Place/ South 260th Street. 11 Franchise - Midway Sewer District 648928.2 - 356659 -0002 SECTION 6. - Planning Coordination. A. The Parties agree to participate in the development of, and reasonable updates to, the other Party's planning documents to the extent they apply to the District’s service area within the City limits as follows: 1. Each Party will participate in a cooperative effort to develop their respective Comprehensive Plan Utilities Elements that meet the requirements described in RCW 36.70A.070 (4). 2. Each Party will participate in a cooperative effort with the other Party to ensure that the Utilities Elements of their Comprehensive Plans are accurate as they relate to their operations and are updated to ensure continued relevance at reasonable intervals. 3. Each Party shall submit information related to the general location, proposed location, and capacity of all existing and proposed Facilities as requested by the other Party within a reasonable time, not exceeding sixty (60) days from receipt of a written request for such information, provided that such information is in the non-requesting Party’s possession, or can be reasonably developed from the information in the non-requesting Party’s possession. 4. Each Party will provide information relevant to their operations within a reasonable period of written request to assist the other Party in the development or update of their respective Comprehensive Plan(s), provided that such information is in the non-requesting Party’s possession, or can be reasonably developed from the information in the non-requesting Party’s possession. B. District and City shall each assign a representative whose responsibility shall be to coordinate planning for capital improvement plan projects. At a minimum, such coordination shall include: 12 Franchise - Midway Sewer District 648928.2 - 356659 -0002 1. For the purpose of planning, the District and the City shall provide each other with a copy of their respective current adopted Capital Improvement Plan annually and upon request by the other Party. 2. By February 1st of each year, District shall provide the City with a schedule of the District's planned capital improvements which may affect the rights-of-way for that year. 3. By February 1st of each year, City shall provide the District with a schedule of City's planned capital improvements which may affect the rights-of-way for that year including but not limited to street overlays and repairs, storm drainage improvements and construction, and all other rights-of-way activities that could affect District capital improvements and infrastructure. 4. The District shall meet with the City, and other franchisees and users of the right-of-way, as necessary, to schedule and coordinate construction activities. 5. All construction locations, activities, and schedules should be coordinated to minimize public inconvenience, disruption or damages. 6. The City and the District agree to cooperate in the planning and implementation of emergency operations response procedures. 7. Without charge to either Party, both Parties agree to provide each other with as-built plans, maps and records in electronic format as available that show the location of its facilities within rights-of-way. SECTION 7. - Indemnification. A. District shall indemnify, defend and hold the City, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, 13 Franchise - Midway Sewer District 648928.2 - 356659 -0002 tortious or negligent acts, failures and/or omissions of District or its agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted District in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the City, its agents, officers, employees, volunteers or assigns. B. City shall indemnify, defend and hold the District, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of City or its agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted City in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, employees, volunteers or assigns. C. In the event any such claim or demand be presented to or filed with the District or the City arising out of or relating to the acts or omissions in whole or in part of the other Party, the Party shall promptly notify the other Party thereof, and the notified Party shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand. D. Should a court of competent jurisdiction determine that this Franchise 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 City and District, their officers, employees and agents, District's liability hereunder shall be 14 Franchise - Midway Sewer District 648928.2 - 356659 -0002 only to the extent of District's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SECTION 8. - Default. If the District fails to comply with any of the provisions of this Franchise, unless otherwise provided for herein, the City may serve upon the District a written order to so comply within thirty (30) days from the date such order is received by the District. If the District is not in compliance with this Franchise after expiration of said thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses of such action to District. The City may act without the thirty (30) day notice in case of an emergency. SECTION 9. - Non-exclusive Franchise. This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area, which do not interfere with District's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 10. - Franchise Term. This Franchise shall have a term of fifteen (15) years from its Effective Date as defined in Section 29 herein; provided, this Franchise shall be automatically extended for one additional five (5) year period unless either Party at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the Franchise term; provided, at the end of the five (5) year term, this Franchise shall be automatically extended for successive one (1) year periods unless either Party at least one hundred twenty (120) prior to the termination date of any one (1) year extension provides written notice to 15 Franchise - Midway Sewer District 648928.2 - 356659 -0002 the other Party of its intent to terminate the Franchise at the end of the then current Franchise term. SECTION 11. - Non-assumption. In consideration of the District's payment of the Franchise Fee to the City as provided in Section 12 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear its statutory authority pursuant to chapter 35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. The City's agreement and forbearance includes not facilitating or cooperating with any other city or town to attempt pursuant to RCW 35.13A.060 or as such statute may be amended or superseded to assume jurisdiction over the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. SECTION 12. - Franchise Fee. A. In consideration of the rights granted the District under this Franchise, the District shall pay to the City a franchise fee (“Franchise Fee”) in the amount of six percent (6.0%) of the District's Revenue beginning the first day of the first calendar quarter occurring at least sixty (60) days after the Effective Date of this Franchise, subject to the provisions of Section 12(B) herein. B. Franchise Fees shall be paid to the City in bi-monthly installments (meaning, every two months) due and payable within thirty (30) days following the end of the bi-monthly period. 16 Franchise - Midway Sewer District 648928.2 - 356659 -0002 C. Should the District be prevented by judicial or legislative action from paying any or all of the Franchise Fees, the District shall be excused from paying that portion of the Franchise Fee and this Franchise agreement will immediately terminate, unless the Parties otherwise agree. D. In consideration of the District's payment of a Franchise Fee to the City as provided in Section 12 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear any legal authority it may have to impose a utility, business and occupation tax, public utility tax, privilege tax, excise tax or any other tax (collectively, "Excise Tax") upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise. However, if a court of competent jurisdiction determines the City may not agree to forbear its statutory authority to impose an Excise Tax upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise, or to limit any such Excise Tax on the District’s revenues, gross receipts, or gross income, the District shall have the right and option, at its sole election, to (1) terminate this Franchise and the payment of Franchise Fees to the City, and if the City determines to impose an Excise Tax on the District, the District shall have the right to bring an action to challenge the legal validity of any such Excise Tax, or (2) if the Parties mutually agree, elect not to terminate this Franchise and the District may agree to pay any such Excise Tax, provided the District’s Franchise Fees herein to the City shall be credited against any such Excise Tax the City may impose. E. In consideration of the District’s payment of a Franchise Fee to the City as provided herein, and the District’s acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear any legal authority it may have to impose compensation or a rental 17 Franchise - Midway Sewer District 648928.2 - 356659 -0002 fee (collectively, “Rental Fee”) upon the District for the District’s use of the Franchise Area as provided for herein. F. The District shall have the right to recover the Franchise Fee from the District's ratepayers residing within the City and may identify the Franchise Fee as a separate billing item on utility customer billings by using the following line item: “Effect of City of Kent Franchise Fee: $X.xx” SECTION 13. - Compliance with Codes and Regulations; Annexations; Service Area Boundary. A. The rights, privileges and authority herein granted are subject to and governed by this ordinance and all other applicable City ordinances and codes, as they now exist or may hereafter be amended, provided the City shall not unreasonably affect or modify any portion of this Franchise without District's written approval. Nothing in this ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public. Any location, relocation, erection or excavation by District shall be performed by District in accordance with applicable federal, state and City rules and regulations, including the City public works policies and pre-approved plans, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect. B. If any territory served by District is annexed to the City after the Effective Date of this Franchise, this Franchise shall be deemed to be the new agreement required to be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period of time is then remaining under this Franchise for the Franchise Area, unless a longer time period is required by that statute. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. The first Franchise Fee for any annexed area shall be 18 Franchise - Midway Sewer District 648928.2 - 356659 -0002 calculated pro rata from the effective date of the annexation to the end of the next bi-monthly period and paid to the City at the same time as the fee for the Franchise Area is paid for that quarter. C. The District's and the City's exclusive retail sewer service area boundaries have been established and approved by agencies with jurisdiction, including the Washington State Department of Ecology and King County. The Parties agree that their respective exclusive retail sewer service area boundaries are confirmed as described and depicted on Exhibit A attached hereto and incorporated herein by this reference (“City of Kent-Midway Sewer District Retail Sewer Service Area Boundary” or “Retail Sewer Service Area Boundary”). The respective exclusive retail sewer service area boundaries as provided herein shall survive any termination or expiration of this Franchise. Any modification of the exclusive retail sewer service area boundary provided herein shall be by written agreement between the Parties. This provision and the agreed exclusive retail sewer service area boundary between the Parties shall supersede, rescind, and cancel all prior agreements between the Parties relative to the Parties’ respective retail sewer service area boundaries. SECTION 14. - Location of Facilities and Equipment. With the exception of components that are traditionally installed at ground level or above such as manhole frame and covers, vault lids, risers, lift stations, electrical control panels, power meters, telephone connections, and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use and zoning code and applicable development pre-approved plans. 19 Franchise - Midway Sewer District 648928.2 - 356659 -0002 SECTION 15. - Record of Installations and Service. With respect to excavations by District and the City within the Franchise Area, District and the City shall each comply with its respective obligations pursuant to chapter 19.122 RCW, and as such statute may be modified and amended, and any other applicable state law. Upon written request of the City, District shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. Upon written request of District, the City shall provide District with the most recent update available of any plan of potential improvements to its improvements located within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. Available as-built drawings of the location of any Facilities located within the Franchise Area shall be made available to the requesting Party within a reasonable time, which should typically not exceed fourteen (14) calendar days of request. SECTION 16. - Shared Use of Excavations. A. District and the City shall exercise best efforts to coordinate construction work that either Party may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other Party and other 20 Franchise - Midway Sewer District 648928.2 - 356659 -0002 utilities within the Franchise Areas informed of its intent to undertake such construction work. District and the City shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. B. If at any time, or from time to time, either District, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: 1. No statutes, laws, regulations, ordinances or District policies prohibit or restrict the proximity of other utilities or facilities to District's Facilities installed or to be installed within the area to be excavated; 2. Such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; 3. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. The Parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. SECTION 17. - Insurance. District shall maintain in full force and effect throughout the term of this Franchise, a minimum of Two Million Dollars ($2,000,000.00) liability insurance for property damage and bodily injury. In satisfying the insurance requirement set forth in this Section, District may self-insure against such risks in such amounts as are consistent with good utility practice. Upon request, the District shall provide the City with sufficient written evidence, as determined by the City in its reasonable discretion, that such insurance (or self-insurance) is being so maintained by District. Such written evidence shall include, to the extent available from District's insurance carrier, a written certificate of 21 Franchise - Midway Sewer District 648928.2 - 356659 -0002 insurance with respect to any insurance maintained by District in compliance with this Section. SECTION 18. - Abandonment and/or Removal of District Facilities. The Parties agree that the standard practice will be to abandon underground District Facilities in-place whenever practical, subject to the following conditions: 1. The District shall continue to own and be responsible for any such facilities abandoned within the Franchise Area. 2. The City shall have the right to require the District to remove any Facilities abandoned within the Franchise Area if the City reasonably determines the removal of the abandoned Facility is required to facilitate the construction or installation of a City project within the Franchise Area and the City determines there is no other reasonable or feasible alternative to the removal of the Facility. The City will make reasonable efforts to avoid conflicts with abandoned Facilities whenever possible, however, whenever a conflict cannot be resolved except by removal from the right- of-way of previously abandoned District Facilities, then the District shall, at the District's expense, remove such abandoned Facilities by their own forces or by participating in the City’s public works project. When necessary, removal of abandoned Facilities shall be limited to the area of direct conflict. In removing such material, the District shall conform to all local, state, and federal regulations applicable to asbestos abatement, when applicable. 3. Within forty-five (45) calendar days of the District’s permanent cessation of use of any of its Facilities as determined by the District, or any portion thereof, the District will, in good faith, use its best efforts to provide as-built drawings locating the abandoned Facilities or if unable to provide as-built drawings, will provide the most complete and 22 Franchise - Midway Sewer District 648928.2 - 356659 -0002 accurate drawings the District can make available to provide adequate notice of the location of all abandoned Facilities. 4. District Facilities that are abandoned in-place shall be abandoned pursuant to City Standards, to the reasonable satisfaction of the Public Works Director. 5. The Parties expressly agree that this section shall survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. SECTION 19. - Vacation of Franchise Area. If the City determines to vacate any right-of-way which is part of the Franchise Area where District Facilities are located or maintained, any ordinance vacating such right-of-way shall provide and condition such vacation on the District obtaining, at no cost to the District, a permanent easement at least fifteen (15) feet wide centered on the Facilities to the extent possible in such vacated right-of-way for the construction, operation, maintenance, repair and replacement of its Facilities located and to be located in such vacated right-of-way. SECTION 20. Assignment. All of the provisions, conditions, and requirements herein contained shall be binding upon the District, and no right, privilege, license or authorization granted to the District hereunder may be assigned or otherwise transferred without the prior written authorization and approval of the City, which the City may not unreasonably withhold, condition or delay, provided that a merger or consolidation of District with or into another Title 57 water-sewer district shall not be considered an assignment for the purposes of this provision and shall not be subject to the City's approval. SECTION 21. - Notice. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by any Party 23 Franchise - Midway Sewer District 648928.2 - 356659 -0002 (collectively, "notices") shall be in writing and shall be validly given or made to another Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by email, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 Phone: (253) 856-5725 Fax: (253) 856-6725 To District: General Manager Midway Sewer District P.O. Box 3487 Kent, WA 98089-0209 Phone: (206) 824-4960 Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner required by this Section to the other Party. 24 Franchise - Midway Sewer District 648928.2 - 356659 -0002 SECTION 22. - Non-Waiver. The failure of either Party to enforce any breach or violation by the other Party or any provision of this Franchise shall not be deemed to be a waiver or a continuing waiver by the non-breaching Party of any subsequent breach or violation of the same or any other provision of this Franchise. SECTION 23. - Alternate Dispute Resolution. If the Parties are unable to resolve disputes arising from the terms of this Franchise, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to mediation or other non-binding alternate dispute resolution process agreed to by the Parties. Unless otherwise agreed upon between the Parties or determined herein, the cost of that process shall be shared equally by the Parties. SECTION 24. - Governing Law/Venue. This Franchise shall be governed by the laws of the State of Washington. Any suit to enforce or relating to this Agreement shall only be filed in King County Superior Court, King County, Washington. SECTION 25. - Entire Agreement. The Recitals set forth above are hereby incorporated herein in full by this reference. This Franchise constitutes the entire understanding and agreement between the Parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the Parties upon execution and acceptance hereof. This Franchise shall supersede, rescind and cancel any prior franchise or agreement granted by the City to the District to locate and operate a public sewer system within the Franchise Area. SECTION 26. - Amendment. This Franchise may be amended only by written instrument, signed by both Parties, which specifically states that 25 Franchise - Midway Sewer District 648928.2 - 356659 -0002 it is an amendment to this Franchise, and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 7 “Indemnification” above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by District of any and all rights, benefits, privileges, obligations, or duties in and under this Franchise, unless such permit, approval, license, agreement or document specifically: 1. References this Franchise; and 2. States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document that does not comply with Subsections (1) and (2) referenced immediately above, the provisions of this Franchise shall control. SECTION 27. - Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the District as set forth in this ordinance. The District shall have thirty (30) days from the date of receipt of the certified copy of this ordinance to accept in writing the terms of the Franchise granted to the District by this ordinance and file with the City Clerk the executed statement of Acceptance of Franchise, attached hereto as Exhibit B and incorporated herein by this reference. 26 Franchise - Midway Sewer District 648928.2 - 356659 -0002 SECTION 28. - District Acceptance of Franchise. District shall have no rights under this Franchise nor shall District be bound by the terms and conditions of this Franchise unless District shall, within thirty (30) days after the receipt of the certified copy of this ordinance as addressed in Section 27 herein, file with the City its written acceptance of this Franchise. SECTION 29. - Effective Date of Franchise. The terms and conditions of this ordinance shall not be binding on the City and the District unless the District Board of Commissioners within thirty (30) days of the receipt of the certified copy of this ordinance as addressed in Section 27 herein adopts a resolution accepting this Franchise, and the date of the adoption of such resolution by the District Board of Commissioners shall be the effective date ("Effective Date") of the Franchise. SECTION 30. – Severability. If any one or more section, subsection, or sentence of this franchise is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this franchise and the same shall remain in full force and effect. SECTION 31. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 32. - Effective Date of Ordinance. This ordinance shall take effect and be in force five (5) days after its publication, as provided by law. 27 Franchise - Midway Sewer District 648928.2 - 356659 -0002 DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013 µKent City Limits Midway Sewer District Boundary Exhibit A City of Kent - Midway Sewer DistrictRetail Sewer Service AreaJune 2018 29 Franchise - Midway Sewer District 648928.2 - 356659 -0002 EXHIBIT B ACCEPTANCE OF FRANCHISE The undersigned authorized representative of Midway Sewer District (District) hereby declares on the District’s behalf the District’s acceptance of the nonexclusive franchise to Midway Sewer District approved by the City of Kent City Council on ____________, ___________, 2018, by the adoption of City of Kent Ordinance No. ______. DATED this ______ day of ________________, 2018. Midway Sewer District By: ______________________________ Its: ______________________________ This page intentionally left blank. Agenda Item: Consent Calendar 8P TO: City Council DATE: November 20, 2018 SUBJECT: Interagency Agreement with WTSC to Fund DUI Court – Authorize SUMMARY: In June of 2017, the city of Kent the City began operation of a grant- funded therapeutic DUI court within the Kent Municipal Court. The goals of the DUI court are to reduce recidivism, traffic fatalities and injuries, and the cost of lengthy incarcerations. The City wishes to enter into a new grant agreement to provide funding for the DUI court through September 30, 2019. The grant funding is provided through the Interagency Agreement with the Washington Traffic Safety Commission which is the pass-through agency for federal funds. The grant funds will be used to cover operational costs of the DUI court through September 30, 2019, and will reimburse expenses of Kent Municipal Court, city prosecutors and probation officers. This grant is for $91,500 and will cover the following items: • $10,000.00: Alcohol and drug assessments • $36,520.00: Urinalysis testing equipment and sample testing • $2000.00: Bus passes and transportation costs; DUI victim’s impact panel; MRT Therapy; and other life skill services • $15,480.00: Interpreter costs • $27,500.00: Employee salary and benefits EXHIBITS: Interagency Agreement RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: N/A BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Authorize the Mayor to sign the Interagency Agreement between the Washington Traffic Safety Commission and the city of Kent, subject to final contract terms and conditions acceptable to the City Attorney and Kent Municipal Court. This page intentionally left blank. INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Kent THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," arìd City of Kent, hereinafter referred to as "SUB- RECIPIENT.'' NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.616, for traffic safety grant project 2019-AG-2757-DUl Court. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1 , 2018, and remain in effect until September 30, 2019 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW Summary of Project page 1 of20 Proposal Details: Kent Municipal Court has established a therapeutic DUI court utilizing the 10 guiding principles established by the National Center for DUI Courts. We target high risUhigh need offenders and provide intensive supervision and monitoring. Our program works collaboratively with the offender, treatment and all members of the criminal justice system to reduce recidivism, traffic fatalities and injuries and the cost of lengthy incarcerations. Problems to be addressed: Our jurisdiction works with numerous DUI offenders with multiple prior convictions. These offenders pose a serious risk to themselves and our community. Using incarceration as the sole means of tackling this issue does not work. ln order to address the core issues of dependency and substance abuse, we must shift our focus towards permanently solving the impaired driving epidemic. Our DUI court strives to reduce recidivism for our most dangerous offenders, and supporting the offender in recovery. The use of DUI courts is considered a proven strategy to control repeat offenders under the TargetZero Plan. By focusing our attention on high risUhigh need offenders, we believe we will have the most success in reaching long term adherence to recovery and thereby increase public safety. Goals of the Project 1. Continue to develop and operate a therapeutic DUI court to address the danger that high risk/high need offenders pose to our community. DUI Court is a critical step in reducing recidivism a, improving compliance with treatment and recovery, and improving community safety. Our court will emphasize treatment, recovery and intense supervision for our participants. 2. Operate a comprehensive and intensive program designed to reduce the incidence of impaired driving by repeat offenders. The program is designed to provide immediate screening, timely and accurate alcohol/drug assessments, and intense supervision and monitoring of repeat offenders who are sentenced into DUI court, all in accordance with Washington State's Traffic Zero Plan (5.18). This goal will achieve reductions in recidivism for high risk/high need offenders by integrating the criminaljustice system, treatment and the offender to reach greater participation and success in recovery. We accomplish this through intensive court and probation supervision and monitoring, the use of frequent and random alcohol and drug testing, and establishing a system of financial support to provide resources to participants on an as needed basis for the initial alcohol/drug assessments, transportation, alcohol and drug testing and other various forms of support identified during our supervision. Shift our current court culture away from lengthy jail sentences towards focusing on recovery through individualized treatment success, thereby reducing the average number of days served in jail for these offenders while improving public safety and offender accountability. page 2 of 20 Strategies Used to Accomplish our Goals 1. Continued development of our specialized therapeutic DUI court, utilizing the 10 guiding principles emphasized at training and assuring fidelity to the DUI court model (Target Zero 5.1.A2) 2. Continue to develop and improve upon our system of centralized screening, assessment, and referral and monitoring system for high risk/high need DUI target population. 3. On-going self-assessment of program efficiency through frequent team strategy meetings, participant feedback and continued research and analysis of other therapeutic couds. Del iverable/Objectives/Com pleted by Date/O utput Measu re Objective 1: Develop a DUI court team member manual that outlines the roles and responsibilities of each team member. This manual will assure each member of the team is aware of their responsibilities to the team and the participants, and understand and support other members of the team. This will assure succession planning in the eventuality of personnel changes to the team. - Deliverable 1: Early identification of DUI Court eligible participants - Deliverable 2: Collaborate with outside agencies for global resolutions on outstanding criminal charges Output Measure: Completion of DUI Court Member Manual available for inspection and training Completed by Date 9t30t2018 Objective 2: ldentify three community resources that are able to assist in various aspects of case management, such as programs and services available to assist with licensing issues; housing concerns; and life skills. - Deliverable 1: ldentify community partners who are willing to assist with our participants with licensing issues; housing concerns; and life skills. - Deliverable 2: Vet best matches for community Output Measure: Collaboration activity for 3 community partners assisting participants with deliverables. Completed by Date page 3 oÍ 20 9t30t2018 Objective 3: ldentify all financial and non-financial costs involved in self-sustaining the DUI court program. ldentify which costs can be absorbed by the City based on current budgetary constraints. ldentify sources of funding available outside of the City. - Deliverable 1: Work with the Kent Municipal Court to create a budget proposal for the City to incorporate increased costs for UAs; interpreters and treatment. - Deliverable 2: Solicit donations from local and national companies to assist our indigent defendants in paying for transportation and other costs. - Deliverable 3: Solicit donations from local and national companies to provide rewards and incentives to our DUI Court participants. Output Measure: Present a budget to City Council that includes and absorbs increased costs for DUI Court for the fiscal year 2021 -2022 budget. Number of local and national partners willing to donate funds, services or goods to assist our participants. Completed by Date 9t30t2018 Objective 4: Continue to develop and operate a therapeutic DUI court to address the danger that high risk/high need offenders pose to our community. - Deliverable 1: Intensive court and probation supervision and monitoring. - Deliverable 2: Frequent and random alcohol and drug testing - Deliverable 3: Establish a system of financial support to provide resources to participants on an as needed basis for the initial alcohol/drug assessments, transportation, alcohol and drug testing and other various forms of support identified during our supervision. - Deliverable 4: Centralized screening, assessment, and referral and monitoring system for high risk/high need DUI target population. - Deliverable 5: On-going self-assessment of program efficiency through frequent team strategy meetings, participant feedback and continued research and analysis of other therapeutic courts. Output Measure page 4of20 Number DUI Court clients CARS or other assessments conducted by team members or partners Number of graduates Completed by 9t30t2018 3.1. MILESTONES AND DELIVERABLES Milestone OR Deliverable Description and completed date Develop a DUI court member manual that outlines the roles and responsibilities of each team member. 09t30t2019 Create a case management model that addresses the multiple needs of our target population. This modelwill focus on wraparound and habilitation services and resources for our participants. 09t30t2019 Develop a written sustainabilty plan of the DUI court program 09t30t2019 ldentify three community resources that are able to assist in various aspects of case management 09t30t2019 ldentify all financial and non-financial costs involved in self-sustainíng the DUI court program. ldentify which costs can be absorbed by the City based on current budgetary constraints. ldentify sources of funding available outside of the City. 09/30/2019 3.2. COMPENSATION 3.2.1. Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed $91,500.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement page 5 of 20 executed by both parties 3.2.2.|f the SUB-RECIPIENT intends to charge indirect costs, an lndirect Cost Rate must be established in accordance with WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3. SUMMARY OF PROJECT COSTS SUMMARY OF COSTS AMOUNT Employee salaries and benefits $27,500.00 Travel $0.00 Contract Services $62,000.00 Equipment (listed in the table below)$0.00 Goods or other expenses $2,000.00 lndirect Costs $0.00 TOTAL $91,500.00 Summary of Costs and Narrative Our proposal and budget request consists of three primary focus: 1) assisting our indigent participants in obtaining timely and accurate alcohol and drug evaluations and assisting them with some of the costs of treatment until they are employed; 2) addressing the large increase in alcohol and drug testing required to monitor our participants and assure accountability and public safety, while allowing them to maintain employment and housing; and page 6 of 20 3) assisting our team in providing much needed wrap around and habilitation services to our participants to assure continued adherence in recovery and a reduction in recidivism. Contract Services: $10,000.00 - assist our participants in obtaining full and intensive alcohol and drug evaluations with a certified chemical dependency evaluator who is familiar with the DUI/Drug Court model as established by the National Center for DUI Courts, and who is committed to working with our participants to make the process of evaluation simplified, in a central location at or near the court, to assist those who are financially challenged in paying for the evaluation, and to assure a timely evaluation and summary for the DUI Court team's review. $36,520.00 - to pay for urinalysis supplies and testing to monitor compliance with timely and trusted results. $15,480.00 - to pay for interpreter services. Kent has a large non-English speaking population, and we expect a vast increase in our interpreter costs. We anticipate the extensive use of interpreters during probation and court appearances. Goods and other Expenses: $2000.00 - To pay for services at New Connections to assist indigent participants in obtaining a valid driver's license, employment, MRT therapy; and other life skill services. To assist our indigent defendant pay for attendance at mandatory DUI Victim's Panel, bus passes or vouchers to assist our financially chaflenged participants in getting to court and treatment as needed, and printing costs and binders for DUI Court materials. Employee salary and benefits: $27,500.00 - to pay for a non-benefited 24 hour per week employee to assist in UA collections and case management; to pay for any overtime costs necessary to assist the DUI Court probation officer fulfill his DUI Court responsibilities; and/or to pay for outside case management services to assist our participants in finding housing, employment and treatment services. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit quarterly reports and a final report on the activity of this project in page 7 of20 the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB- RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserues the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or seruices to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. lf any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS' FEES ln the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted using a page I of 20 standard Form A-19 provided by WTSC, its pre-approved equivalent, or through the WTSC automated electronic system, as determined by the WTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2019, must be received by WTSC no later than August 10, 2019. All invoices for goods received or services performed between July 1 ,2019, and September 30,2019, must be received by WTSC no later than November 15,2019. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. I 1. CONFIDENTIALITY/SAFEGUARDING OF ¡NFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Pertormance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. page 9 of 20 I5. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2.|n the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. TNCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.9., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. I7. INDEMNIFICATION 17.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB- RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.1 15, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. page 10 of20 17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 1 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law. 19.2.lf the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.9., vehicle liability insurance, private property liability insurance, or commercíal property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. page 11 of20 21.2. Records and other documents, in any medium, furnished by one paÉy to this Agreement to the other party, will remain the property of the furnishing party, unless othenryise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal lnformation according to the Health lnsurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal lnformation obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC $101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, suryeys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to othenryíse use and transfer these rights. 23.2. lf for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain page 12of20 acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effectíve date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY lf any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB- RECIPIENT. 28. TERMINATION FOR CAUSE lf the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. ln the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. page 13o120 29. TERMINATION FOR GONVENIENCE Except as othenruise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. lf this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1 . Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. lf any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the propefty from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. page 14of20 APPLICABLE CERT|FICAT|ONS AND ASSURANCES FOR HTGHWAY SAFETY GRANTS (23 cFR PART 1300 APPENDTX A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. ln order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION lnstructions for Lower Tier Certification 33.1 . By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from page 15o120 participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "lnstructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non-procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tíer participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. page 16 of20 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8r03) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specífy the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIP¡ENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or othenruise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily ín a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDTNG ACCOUNTAB|LTTY AND TRANSPARENCY AGT (FFATA) ln accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or page 17 oÍ20 section 6104 of the lnternal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1 . The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1 .1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative ag reement. 36.1.2.|f any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINAT¡ON 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- page 18of20 discrimination law or regulation, as set forth in Appendix B of 49 CFR Part21 and herein 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37 .1 .4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contracVfunding Agreement, the WTSC will have the right to impose such contracUagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37 .1 .5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 38. POL|TTCAL ACTrVrry (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.9., "grassroots") lobbying activities, with one exception. This does not preclude a state officialwhose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 4I. DESIGNATED CONTACTS page 19 of20 The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: 42.AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. lN WITNESS WHEREOF, the parties have executed this Agreement. City of Kent {;h*,:7(. ,nt;rir" Name: Glenn Phillips Title: Presiding Judge Email : tperdue@kentwa.gov WASHINGTON TRAFFIC SAFETY COMMISSION Oon Oonrl)f, Name: Pam Pannkuk Title: Deputy Director The Gontact for the SUB-RECIPIENT is:The Contact for WTSC is: Tami Perdue tperdue@kentwa.gov 253-856-5776 Edica Esqueda eesqueda@wtsc.wa.gov 360-725-9886 ext. page 20 of 20 Agenda Item: Consent Calendar 8Q TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Amending the Comprehensive Plan Capital Facilities Element to Adopt School District Capital Facilities Plans – Adopt SUMMARY: The Washington Growth Management Act requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. Amendments are necessary to the Kent Comprehensive Plan to assure the plan stays relevant and up to date. The Kent, Federal Way, Auburn and Highline School Districts submitted proposed amendments to their Capital Facilities Plans to be included in an amendment of the Capital Facilities Element of the Kent Comprehensive Plan. A public hearing was held to consider the amendments on October 16, 2018. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____ amending the Capital Facilities Element to the Kent Comprehensive Plan adopting the capital facilities plans of the Kent, Federal Way, Auburn, and Highline School Districts This page intentionally left blank. 1 Comprehensive Plan Amendment 2018/19 – 2023/24 School Dist. Capital Facilities Plans ORDINANCE NO.________ AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts (CPA-2018-5). RECITALS A. The State of Washington Growth Management Act (GMA) requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget. RCW 36.70A.130(2)(a)(iv). C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code (KCC), allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the City budget and allowing the City Council to hold the public hearing instead of the Land Use and Planning Board. KCC 12.02.010. 2 Comprehensive Plan Amendment 2018/19 – 2023/24 School Dist. Capital Facilities Plans D. The Kent, Federal Way, Auburn and Highline School Districts have submitted proposed amendments to their Capital Facilities Plans to be included in an amendment of the City’s Capital Facilities Element of the Comprehensive Plan. E. After providing appropriate public notice, the City Council of the City of Kent considered the requested Comprehensive Plan amendment and held a public hearing on the same on October 16, 2018. F. On September 18, 2018, the City provided the required 60 day notification under RCW 36.70A.106 to the State of Washington of the City’s proposed amendment to the Capital Facilities Element of the Comprehensive Plan. The 60-day notice period has passed, and by operation of law, it is deemed approved. G. On November 20, 2018, the City Council of the City of Kent approved the Capital Facilities Element amendment CPA-2018-5 to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, as set forth in Exhibit “A” attached and incorporated by this reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The Kent Comprehensive Plan, and its Capital Facilities Element, are amended to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, as set forth in Exhibit “A” attached and incorporated by this reference (CPA- 2018-5). SECTION 2. – Corrections by City Clerk or Code Reviser. Upon 3 Comprehensive Plan Amendment 2018/19 – 2023/24 School Dist. Capital Facilities Plans approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision will not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Effective Date. This ordinance will take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: PAT FITZPATRICK, CITY ATTORNEY This page intentionally left blank. 2018-2019 - 2023-2024 April 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 This page intentionally left blank. ) FEDERAL WAY, PUBLIC SCHOOLS Each Scholar: A voice. A dream. A BRIGHT future. CAPITAL FACI LITIES PLAN Thomas Jefferson High School Mirror Lake Elementary School Wildwood Elementary School Lake Grove Elementary School 20L9 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FÄCILITIES PLAN I.!l[ay 29,2018 BOARD OF EDUCATION Hiroshi Eto Carol Gregory Geoffery McAnalloy Mildred Ollée Claire Wilson SUPERINTENDENT Dr. TammyCampbell Prepared by: Sally D. Mclean, Chief Finance & Operations Officer Jennifer Wojciechowski, Student & Demo graphic Forecaster FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION SECTION I THE CAPITAL FACILITIES PLAN Introduction Inventory of Educational Facilities Inventory of Non-Instructional Facilities Needs Forecast - Existing Facilities Needs Forecast - New Facilities Six Year Finance Plan SECTION 2 MAPS Introduction Map - Elementary Boundaries Map - Middle School Boundaries Map - High School Boundaries Map - City and County Jurisdictions SECTION 3 SUPPORT DOCUMENTATION Introduction Building Capacities Portable Locations Student Forecast SECTION 4 I 2-3 4 5 6 7 8 9 15 16-1 8 19-20 2I-23 10 11 I2 13 t4 24 25-29 30-3 1 32-33 34 35 KING COLINTY, CITY OF FEDERAL WAY, AND CITY OF KENT IMPACT FEE CALCULATIONS Introduction Capacity Summaries Impact Fee Calculations Reference to Impact Fee Calculations Student Generation Rates Impact Fee Changes from 2018 to 2019 1 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN INTRODU CTION In response to the requirements of the State of Washington Growth Management Act (SHB) 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 2I, 1995 as amended, City of Kent Ordinance No.3260 effective March 7996, and the City of Aubum Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2019 Capital Facilities Plan as of May 2018. This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Aubum and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fcc ordinance. Tho City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and aetively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any juriscliction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. During the 2016-17 school year the District formed a 100 member Facilities Planning Committee consisting of parents, community members and staff. The Committee was tasked with developing a recommendation to the Superintendent regarding Phase 2 of the District's plan for school construction, remodeling, andlor modernization for voter consideration in November 2017. The voters passed this $450M bond authorization with a 620/o YES vote reflecting a commitment to invest in the modernization of our infrastructure. Through the committee's work a determination was made to rebuild Thomas Jefferson High School, Illahee Middle School, Totem Middle School, Lake Grove Elementary, Mirror Lake Elementary, Olympic View Elementary, Star Lake Elementary, and Wildwood Elementary. In addition to the school projects, the committee included a plan to modernize Memorial Stadium, which currently supports athletic activities for all schools. The rebuilding of the aforementioned schools will create additional capacity for sfudents at the elementary and high school levels. The expanded capacity supplants the need for additional elementary schools. 2 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN INTRODUCTION. continued As we are in the planning stages for the newly approved bond projects, we are entering the final phase of the $106 million project replacing Federal Way High School. The new facility will increased capacity by approximately 200 students and is expected to be completed by winter 2018. The costs of this additional capacity is excluded from the 2019 school impact fee calculations. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. In accordance with the McCleary decision, the State has provided funding to reduce K-3 class size to 17 and 4-12 class size to 25. Initiative Measure No. 1351 would fuither reduce these class sizes in schools where more than 50% of students were eligible for free and reduced-price meals in the prior year. Under this measure, class sizes in those schools would be reduced to 15 in grades K-3,22 in grade 4, and 23 in grades 5-12. The additional class size reductions required by Initiative 1351 would increase our classroom need from 60 to 120 at our Elementary & K-8 schools and add a need for an additional 26 classrooms at our Secondary schools. We will also continue to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming years. At this time with more than 1,000 unhoused elementary students, boundary adjustments cannot resolve the need for additional capacity. The maps included in this Plan reflect the boundaries for the 2018-19 school year. )J FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN SECTION 1- THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 4 FEDERAL WAY PUBLIC SCHOOLS 20I9 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS (K-5I Adelaide Brigadoon Camelot Enterprise Green Gables Lake Dolloff Lake Grove Lakeland Mark Twain Meredith Hill Mirror Lake Nautilus (K-8) Olympic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake Sunnycrest Twin Lakes Valhalla V/ildwood Woodrnont (K-8) MIDDLE SCHOOLS 16-8I Federal Way Public Acaderny (6-10) Illahee Kilo Lakota Sacajawea Sequoyah Totem TAF @ Saghalie (6-12) HIGH SCHOOLS (9-12) Decatur Federal Way Thomas Jefferson Todd Bearner Career Academy at Trurnan ADDITIONAL SCHOOLS Internet Acaderny (K- I 2) Employment Transition Prograrn ( I 2+) Federal Way Open Doors 1635 SV/ 304th St 3601 sw 336th Sr 4041 S 298th St 35101 5t" Ave SW 32607 47tt' Ave SW 4200 s 308tr'st 303 SW 30gth St 35827 32"d Ave S 2450 S Star Lake Rd 5830 S 300,h Sr 625 S 314t" Sr 1000 s 28gtr' sr 2626 SW 327thSt 34424 I'r Ave S 3015 S 368'h St 3460012tt' Ave SW 1310 sw 325tr'Pl 4014 S 270th St 24629 42d Ave S 4400 Sw 320th St 27847 42ú Ave S 2405 S 300th Sr 2645416t1' Ave S Federal Way Federal Way Auburn Federal Way Federal Way Aubum Federal Way Auburn Federal Way Auburn Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Kent Kent Federal Way Auburn Federal Way Des Moines 98023 98023 98001 98023 98023 98001 98023 98001 98003 98001 98003 98003 98023 98003 98003 98023 98023 98032 98032 98023 98001 98003 98198 98003 98003 9800 I 98023 98003 98001 98032 98023 34620 9rt' Ave S 36001 l't Ave S 4400 S 308th Sr 14l5 sw 3l4th st I l0l S Dash Point Rd 3450 S 360tr'ST 26630 40rt' Ave S 3391419tt' Ave SW 2800 sw 320th st 30611 l6tr'Ave S 4249 S 2ggtr' St 3599916tt' Ave S 31455 28t" Ave S 31455 28t" Ave S 33250 21't Ave SW 31455 28tr'Ave S Federal Way Federal Way Auburn Federal Way Federal Way Aubum Kent Federal Way Federal Way Federal Way Auburn Federal Way Federal V/ay Federal Way Federal Way Federal Way 98023 98003 98001 98003 98003 98003 98023 98003 5 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON.INSTRUCTIONAL FACILITIES Developed Propertv Central Kitchen Federal Way Memorial Field Educational Services Center Support Services Center 1214 S 332"d 1300 s 308th st 33330 8th Ave S 1211 S 332nd St Federal Way Federal Way Federal Way Federal Way 98003 98003 98003 98003 Leased Propertv Early Learning Center at Uptown 1066 S 320th St Square Federal Way 98003 Undeveloped Propertv Site # Location 75 SW 360th Street & 3rd Avenue SW - 9.2 Acres 65 S 35lst Street &,52nd Avenue S - 8.8 Acres 60 E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres 73 N of SW 320th and east of 45th PL SW - 23.45 Acres 7l S 344th Street &.46th Avenue S - 17.47 Acres 82 l't Way S and S 342nd St - Minimal acreage 96 S 308th St and 14th Ave S - .36 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 6 FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN NEEDS FORECAST. EXISTING FACILITIES As parl of the multi-phase plan, the District intends to increase capacity for elementary and high school students with expansion at the Thomas Jefferson, Lake Grove, Mirror Lake, Olympic View, Star Lake, and Wildwood sites. Increased capacity at the five elementary schools listed and additional elementary schools in later phases, supplant the need for construction of a twenty-fourth elementary school. Only projects in Phase II with plans to increase capacity are included in the impact fee calculation for this plan. 1 PHASE EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS On- golng Purchase and Relocate Portables Interim Capacity Anticipated source of funds is Impact Fees. Thomas Jefferson High School Replace Existing Building, Increase Capacity Voter Approved Capital bond II Illahee Middle School Replace Existing Buildine Voter Approved Capital bond T Totem Middle School Replace Existins Buildrne Voter Approved Capital bond II Lake Grove Elementary Replace Existing Building, Increase Capacity Voter Approved Capital bond II Mark Twain Elernentary Replace Existing Building, Increase Capacity TBD, pending SCAP funding II Mirror Lake Elementary Replace Existing Building, Increase Capacity Voter Approved Capital bond Olynpic View K-8 School Replace Existing Building, Increase Capacity Voter Approved Capital bond II Star Lake Elernentary Replace Existing Building, Increase Capacity Voter Approved Capital bond II Wildwood Elementary Replace Existing Building, Increase Capacity Voter Approved Capital bond il Memorial Stadium Replace Existing Facility Voter Approved Capital bond III Decatur High School Replace Existing Building, Increase Capacity TBD III Kilo Middle School Replace Existing Buildine TBD III Sacajawea Middle School Replace Existing Buildine TBD ilI Adelaide Elernentary Replace Existing Building, Increase Capacity TBD III Brigadoon Elernentary Replace Existing Building, Increase Capacity TBD III Camelot Elernentarv Replace Existing Building, Increase Capacity TBD III Lake Dolloff Elementary Replace Existing Building, Increase Capacity TBD III Nautilus K-8 School Replace Existing Building, lncrease Capacity TBD III Twin Lakes Elernentary Replace Existing Building, lncrease Capacity TBD III Woodrnont K-8 School Replace Existing Building, Increase Capacity TBD FEDERAL WAY PUBLIC SCHOOLS 2CI19 CAPITAL FACILITIES PT,AN NEEDS FORECAST . ADDITIONAL F'ACILITIES PATED URCE OF FUNDSNEW F No current plans for additional facilities B FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN 6-YEAR FINANCE PLAN Secured Fmding lss:o *1J' s8 550 89? 1? ¡51m5 stl-660-*t9 Sørcc haod Fs 11' Iãd Sd. Ëhd< t, B6dorl*rFeds f]ì Scùool Cømeim.,\ssisæ Proffi fSCAl{ f¿, TOTÂL Projected Revenue Achul and Plmned Expenditurcs I-OTES: L Tbæ.fBæqffit¡/bêiúglE{cbåKirgc@ty,Ci!.vofFêdåal$'4,.C4vof,{]¡hrqedCr}.ofKdirFeÌfÈffir-adsi¡be æihtÞ f6e by úÈDÈüêt åd Ðst@iûçx@. ThisislEðd bøbðëq t).3t11?. ?. Tbb b Je ed h€}úE 6 lL/i lr 7. 3. Thi¡ is t!¡ ll3lr17 bshê of bod fr¡¡s dd €pit¿l1ey ñE&. Thb &re tufr.þs iûffi ffii¡S9 1¡¿ kl'.€ æ ¡eU fú rhe @pþrie of F$T'S. J. Thbr.pleBúëbåbúæofS.ti,P*.hich*illb+r¡dtoroc@pl*eÌl¿r*ül¿i¡gofFêds¡lç.¿l,IliÉS{hol" Tlis þ úê b6læ ø 11,31/1?. 5. Tti3 È úttipsr¿d SC"{P f6 t¡È f¡@ projs dtøized by t¡È vom b }01?. 6. TtÈ ii a Hred K-j Clas sizerôr:tiø g!d. I t!Nov@¡620!t.ttÊÐisüidpß*dâ5a50Mbøéæ. Theætiacl¡d¿diatlcfreæpbûisfüprojdsl!ãrwi11@t.ldditiñálspacù. OltyúêGr3eidedFit!reiøgøFocit'æbha"d ia scùôol iEpsct f* dbE rtiß. Sæ pøg¿ m S. Tbae æ m pro¡øcd eleoi$ç*ß prop6m 9. Th* æ projded f6 bsêd ùpod atäp{tèd r$idetiel daetof@b i! t}e Disi¡r, SlJ,000 pü@r! ñ l¡Ê d 6 }w. t0. kojd bodCds b6êd e {:ffiæt *rids s of¡øl20lg. tl.N@CãtãqmpEch¿sdi¡:010totosúeÊdpt¡yffitTæitiúhott@ fteSl.l\lpü{ûæbásbÈ¿fGrcedl¡ro€La#e¡e,pre?dlocjtpco?r@t¡ro¡+hl0l0. 12, Thxe fæ ¡¿øËar t!¿ d of Ptrúsirs ðd i$E¡i!€ w p.{tzbhs- The pür¡bþ ryãdiæ à Ëtue }e3 øy ¡epf* qistiry pon¿öIEs tlât æ d Þdi@I.T¡seyrcri@cqËityedæ$¡itrlûd.dirtt øper!.slú@y. g TOT.{¡ sð9pú0939Bsuu¿ s:6rmml¡i- SgS-47O-lXI¡ll !:1 It:lTdl 20lg1lY!5 ll:, $ó.5m.0001Ì .$ãrmmll- $10,lm.0ool[i çtmmlll]l sfii-dmmltl---wmmltlìr SSIó(m&l0ll¡: :ì uilmll: i:! t¿r::: sol!:1,: solf..i ll::. : il' : 34?0 OtxltÌ: : ----------18= lf, i smmlÌ: 2@,{ 1ro1m< s¿3mm 12? {fB ffi s?m m î21 9{n fim 2ù23 2ùtL2/ lXmm s2ûû m wmm 1Ma AO2'':23 51-500.00{ t6ffim 52ûO ün stt-rmffi 2l¡1t 282rn sE2 {m û0ú Î1t ?mm sa00-000 s167,?ôo-msl37-a00-fi|0 20?o tmLlt \?¡ffim (qlmm ü1 gfiXXX) s40-00{¡(m 9??mm 9mm 2019 ?ot9-10 st! lmm 1ìmm s6rm(n s2ji.m{ $mm 3ùded 20t&tc s1 lmm ll ?mm s?]J.0ü sffim sl1935.û00 TIiIPOR{RYFACA,ÍIIIS PorBb¡es 112'ì FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN SECTION 2. MAPS Federal Way Public Schools has twenty-one elementary schools (grades K-5), two schools with a K-8 grade configuration, six middle school schools (grades 6-8), four high schools (grades 9-12) andtwo small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The programs at Career Academy at Truman High School serves students in grades 9-12. In addition to these programs, TAF@Saghalie serves students in grades 6-12 who reside within the service area. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School, Open Doors and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastruchrre is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to rcalize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. The final map included represents the city and county boundaries which overlap with the district's service areas. r City of Algona r City of Auburn r City of Des Moines . City of Federal Way . City of Kent . CityofMilton ¡ Unincorporated King County 10 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN MAP _ ELEMENTARY BOUNDARIBS k FEDERAL WAY PUBLIC SCHOOLS I e,-c,ve¡.r¿ny sorooLs T ADCLAIDE !LEMENTARY 2 BRIGADOONTTTMTNTIIRY 3 CAMETOT ETEMENTI\RY ¡¡ TNÏERPRISË€I"ËMËNTÂRY 5 GREEN 6ABI€S ÊLEMENTÂRY 6 IAKÊ DOLTOFF EI-EMENTÁRY 7 TÂ(E GROVT II.IMENTARY I LilKtlltNDtttMlNTÂRYg MARK TWAIN IIIMTNTÂRV 10 MIRTDIT}I IIIIL TLTMTNTARY r1 MIRRORIAKEELEMINIARY l2 NAUT|IUS t(,8 SCl100t 1-3 OTYMPIC VIEW ETÊMENTARY 14 PANTHER I"AKE EI.ÊMENfARY 15 RAINIER VITW TTEMENTARY ¡6 SIIERWOOD FOREST ETTMENTARY 17 SII.VER tÂKÊ EI.ËMENTARY 18 SÏÁR TAKI ELEMENÍA.RY tg SUNNYCRESTTTTMENTARY 20 TWIN TAI(ES EI.EMËNIARY 21 V Lll^LLA tLErvlCNT^RY 22 WIDWOOD ELEMTN]ARY 23 WOODMONTK-8SCIOOL I nrrps pRopERw ELEMENTARY BOUNDARIES - MDDIE scHooLs 3Ti FWPUBUCACADEIVIY 30 ILIAHÊE MIOÞLE SCHOOL 31 K|LO MrDDtf SCHOOL 32 IAKOTA MIDDIE SCHOOI 33 SACAJAWEA MIDDTE sCH(X)I 37 SEQUOYAHMTODITSCHOOL 35 TOTEMMIDDTESCHOOL 38 ÍAr @sAcHALrE : , HIGH SCHOOL5 ¡tO DECÂTUR HIGH 4L FtDtRÂt" W^Y ü6il 421 TilOM^SJEFTERSONiltGil 45 TODD 8€AMER HIGH 490 CARETRACÄIJEMY úùTRUMAN 5l ITP/NORMAN CIMTIR I eoN¡¡¡¡srn¡r¡vE srrEs :t¡:¡,lr. I 11 N v m.16.3 0.6 0.9 1.2E-rÞl¡les Þate:7.1.17 FEDER\L WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN MAP _ MIDDLE SCHOOL BOUNDARIBS fir FEDERAL WAY PUBLTC SCHOOLS I u.etrururonv scuools r ADELAIDE ELEMENTARY 2 BRIGADOON ELTMINTARY 3 CJ\METOT ÉIEMENT/\RY 4 ËNTERPRISEETfMTNIARY 5 6RÉEN GAEIES ETEMENTARY 6 IÁKT DOTIOFT EIIMENIARY 7 I-AKT GROVE TTEMENIARY 8 TAI(IIÂND ETEMENTARY 9 MARKTWAIN ËIEMCNTARY 1O MERÊDIIH HIIt ËI€MENTÂRY I1 MIRROR LAKT ETEMINTARY 12 NAUTil.U5 K€ SCHOOI 1.3 OLYMPIC VIËW EI[MENTARY 14 PANTHER TAI(€ ÊLÊMÊNÌAf,Y 15 ßAINIER VIEW [IIMINTABY 16 SIIERWOOD FORESTETIMENTARY 17 SITVER IAI(E EITM€NTARV r8 STAÊ IAI(E ÊtEMÊNTÂRY 19 SUNNYCRESÍ ELEMENTARY 20 TWIN LAKES EI.EMENTARY 21 VATHAI"TAELEMENTARV 22 Wil"DWOO0 ÊtÊMËNTARY 23 WOODMONT("8SCHOOt MtÞÞl"E scHooLs rW PUBUCACADETúY ITI¡HEE MIDDTE SCHOOt Klto MtDDt_É scHoot tAKOÍA NIDDU SCHOOT SACAJAW€A MIDDI-E SCHOOL gEQUOYAH MIDDIE SCHOOT TOIEM MIODLE SCHOOI TÀF €' SAGHATIE Ht6il SCilOOIS OECÂTUR HIGH F[DCn^r W Y iltGil TIIOMAS JEFFERSON IIIGII TODD EEAMER }IIGTI CARTER ACAOEMY @ TRUMAN ETP/NORMAN CËNTER ! nor"illttsrnmvc sITES . 36 30 31 33 l7 35 38 wÊß {1 421 45 490 51 I rwps PRoPERTY MIDDLE SCHOOL BOUNDARIES & 1i, æ.10.3 0.5 0.9 r.2r-tlMlles Dåtê:7-1-17 I2 FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN MAP - HIGH SCHOOL BOUNDARIES fï FEDERAL WAY PUBLIC SCHOOLS ! eteurrurnnvsclrooLs 1 AÞEI-AIDÊ ELEM€NTARY 2 BRIGADOONEI.EMENTARY 3 CÀMEIÕT ELÊMÊNÎARY 4 EÑTERPRISEIIEMENTÂRY S Gf,EEN GAÊTËS ÉI.EMÊNTAßY 6 TAKE DOII.OFF EIEMENTÂRY 7 LAI(E GROVE EIËMTNTARY 8 IAKEIAND ELEMENTARY S MARß ÍWAIN ÊTEMENTARV 10 MIRIOIÏII IIITI ETEMENTARY 1T MIRROR !AI(É ËIEMENÍARV 12 NAUTTIUS K.8 SCilOOt 13 OIYMPIC VIEW EI.EMCNIARY 14 PANTHER LAKE ETEMENTARY 15 RAINIÊR VIEW ÊIEMENIARY 16 9HÊRWOOD FORESTEIÊMENÍARY 17 SILVER TÂKE ELEMTNTARY 18 SIAR IA(Ë ÊTEMÊNTÂRY 19 SUNNYCR€SÍ ETEMENTARY 2O TWIN IAKËS ÊTEMENIARY ?1 VATTIAII.AEI.EMSNTARY 22 WIIDWOôD EIEMËNTÂRV 23 WOODMONTX-sSCHOOL - MrDÞl€sclrools36 FWPUBUCACADEIVTÍ 30 ILIAHEE MIDPLE SCHOOT 31 Kt[O MtDOt¡ SCHOOL 32 TAKOTA MIDDIE SCHOOL 33 SACAJAWEA MIDOTE SCHOÓI 37 SEQUOYAH MIDOI.E SCHOOL 35 TOTEMMIDÞLESCHOOL 38 TAF €} SAG¡IALIE HtGH SCHOOTS OEC/\TUR HIGH FED[RAL Wl\Y }IIGlI THOM/15 JEFFERSON HIGH TODÞ BEÂMIR IIIGII CÁFEER ACADEMY @ TRUMAN ETP/NORMAN CENTER I nomrNrsrnmve srïEs * 40 4t 421 45 490 51 I rwpsPRoPERry HIGH SCHOOL BOUNDARIES #æ.ts.3 0.6 0.9 1.2EMIIQS Dätè:9.2.16 \i, 13 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN FEE}ERAL WAY PUBLIC SCHOOLS Ê.¡.h s{hÉlsr: A ,/úl(Ê. A dffãdi. ^ lnI€HT future. Ðes Algona Aul¡um ûes lrloiries Federal Way | | xent I onn Milton t Auburn King Algona Xent Federal Way I ¡ û ,-J I .)j'-(i0i! Õû I r' -.i {i aôa t*''r' ó t. ll 'r.t ''ô ta' Õ a ,,1 {r,i t*rt t' Õ t, f,lilton City and County Jurisdictions? lTdtesgÐ.5 I I I MAP _ CITY AND COUNTY JURISDICTIONS I4 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast - 2019 through 2025 15 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN BUILDING CAPACITIES This Capital Facilities Plan establishes the District's "standard of seryice" in order to ascertain the District's cument and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 3 should be 17 students to comply with current legislation, however compliance is currently suspended so we are using current average class sizes. ln grades 4-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated aT 12 seats per classroom. Historically, the District has used the OSPI square footage calculation as a baseline for capacity calculation and made adjustments for specific program needs. The District will continue to use this calculation for determining capacity at our middle and high schools. However, with the implementation of smaller K-3 class sizes which requires a significant reduction in K-3 class sizes, elementary capacity, in this Plan, will be calculated based on the number of classroom spaces, the number of students assigned to each classroom and the extent of support facilities available for students, staff, parents, and the community. Class Size Guidelines FWPS Historical "Standard of Service" H82661/SH82776 Enacted Law Square Footage Guideline Kindergarten 18.9 t7 25-28 Grades 1-2 18.9 t7 25-28 Grade 3 18.9 l7 28 Grades 4-5 25 25 28 For the pulposes of determining student capacity at individual schools, the following list clarifies adjustments to classroom spaces and the OSPI calculation. Special Education Resource Rooms: Each middle school requires the use of a standard classroom(s) for special education students requiring instruction to address specific clisabilities. English as a Second Language Programs: Each middle school and high school requires the use of a standard classroom for students leaming English as a second language. Middle School Computer Labs: Each middle school has computer labs, except Totem Middle School. Wireless access has been installed at all secondary schools. Ifadditional classroom space is needed, these computer labs may be converted to mobile carts. 76 FEDERAL WAY PUBLIC SCHOOLS 20I9 CAPITAL FACILITIES PLAN BUILDING CAPACITIES, continued High School Career Development and Learning Center (Resource) Room: Each high school provides special education resource room and carcer development classrooms for students requiring instruction to address specific disabilities. PreschoolÆCEAP/Headstart: Our district currently offers preschool programs for both special needs & typically developing students at l0 elementary schools. We also have ECEAP and Headstart program at 10 sites (4 elementary, 1 middle, 3 high schools, and 2 off-site locations). These programs decrease capacity at those schools. The District has recently opened a leased space and relocated several programs to this location and to the recently vacated TAFA portables. This has also allowed us to expand the number of ECEAP programs offered. Alternative Learning Experience: Federal Way offers students the opportunity to participate in an Alternative Learning Experience through our Internet Academy. These students have never been included in the capacity calculation of unhoused students. I1 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN ELEMINTARY BUÍLDING PROGRAIVI CAPACITY BUILDING CAPACITIES, continued MIDDLESCHOOL BUILDING PROGRAMCAPACITY HICHSC}IOOL BTJILDING PROGRAMCAPACITY Notes * Federal Way Public Acaderny, Career Acadenry at Trulran High School, and Ernployrrent Transition Progrzrn andTAF@Saghaliefbrthehighschool schoolgradespan(9-12)arenon-boundaryschools. Theseschoolsarenotusedinthe calculated avelages. School Name Headcount Adelaide 3s3 Brioadoon 299 Carnelot 271 Entemrise 34s G'een C¿bles 401 Lake Dolloff 400 [¿ke Crove 353 t¿keland 171 Mar* Twain 430 Meredith Hill 37s Min¡r l¡ke Nautilus (K-8) 262 466 Olvmnic Mew 353 Panther L¿ke 347 Rainier View 405 Sheruood Forest 390 Silver t¿ke 400 Star t¿ke 337 Srrnnvcrcst 405 Twin Lakes 34t Valhalla 406 Wildwood 372 Woodlnont (K-8)357 TOTAL 8.445 School Nalre Headcount FTE tllahee 855 864 Kilo 779 781 l¿kota 786 794 Sacaiawea 694 701 Seo uoyah 585 591 Totern 795 803 TAF @ Sachalie 598 604 Fedeml Wav Public Acadelnv r83 185 TOTAI,5.275 5329 * Mirklle School Awraqe 727 735 School Narne Headcount FTE Decatur 1243 lJ29 Federal Way r 684 1.801 Thor¡as Jellemon t224 t 309 Todd Beamer r 085 l.l 60 TAF â Saphalie 155 l6ó Career Acade¡nv at Tnlrmn ls9 170 Federal Wav Public Acadernv l16 124 Elnployrrent Trans ition Pro grarn 48 5l TOTAL 5-714 6.rIt [lementûrv A\€rage 367 I*High School Alerage 1B FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of spac e for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide housing for students until permanent facilities can be financed and constructed. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. The following page provides a list of the location of the portable facilities, used for educational facilities by Federal Way Public Schools. I9 FEDERAL WAY PLTBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS' Continued PORTABLES LOCATED AT F,I-ENTE\TARY S CHOO LS PORTABLES LOCATED ,A,T NiIIDDLESCHOOLS PORTABLES LOCATU) AT HICHSCHOOLS INSTRUCTIONAL NON INSTRUCTIONAL Decatur I I Federal Wav Thornas Jefferson l0 Todd Bearner I 't'(-)'t'AL 26 I PORTABLES LOCATÐ AT SUPPORT FACILITIES MOT TDC 9 Fonner TAFA ll TOTAL 20 DISTRICT PORTABLES IN USE FOR ECEAP AND/OR TART ¡NSTRUCTIONAL NON INSIRUCfIONAL Adelaide I , Brisadoon I Cauælot I Entemrise 3 Geen Gables I¿ke Dolloff 2 l¿ke C¡rove 2 [¿keland MalkTwain 3 Meredith Hill 3 Minor l¿ke l0 t Nautilus Olvrnpic View 2 Panther [¿ke 4 RainielMew 5 Sherwood Forest 4 Silver l¿ke 4 Star L¿ke 3 I Sunnycrest 6 Twin l¿kes -t Valhalla 4 Wildwood 4 Woodrnont 3 TOT,A.L 67 l2 Sherwood Forest , Totern , Total 4 INSIRUCfIONAL NON INSTRUCTIONAL IIIahee ,l Kilo I 6 t¿kota Sacaiawea 5 Seouovah t Totern 4 TAF@ Sashalie 4 TOTAL l8 7 20 FEDERAL WAY PUBLIC SCHOOLS 20I9 CAPITAL FACILITIES PLAN STUDENT FORECAST Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed arurually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concemed with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out ofthe school system are commoq student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The En¡ollment MasterrM software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In February 2018, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in March 2018. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 2I FEDERAL WAY PT.IRT,TC SCHOOT.S 20I9 CAPTTAT. FACTT,ITTES PT,AN STUDENT FOR-ECAST' continued something else (e.g. population) or that enrollment will mirror some projected trend fbr the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2025. This model produces a projection that is between 21,500 and 25,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional clemographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. aa FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN STUDENT FORECAST, continued Headcount Enrollment History and Projections (Excludes Full-Time Running Start) S chool Ye¿r Ele M¡ddlêCalendâr Yr 2013 2014 201 5 20t6 2017 201 8 2019 2020 2021 2022 2023 2024 2025 2012-13 2013-14 2014-1 5 2015-16 2016-t7 2017-18 820 I 8-t I P20t9-20 n020-2t P202t-22 P2022-23 P2023-24 P2024-25 Totà¡ K-12 HC 21.562 2 1.808 2l .7 54 2l .995 2l .933 21.915 2l,9 t 7 22,t 85 22,243 22,347 22,489 22,713 22,967 Percenl I.I% 9.731 5.014 6.817 I 0.1 42 4.84s ó.82 I 9.998 4.93 I 6.825 10.20ó 5.094 6.695 10.424 5,031 6.476 10.418 5.159 6.338 10,292 5,247 6,378 r0,29t 5,470 6,424 10,288 5,462 6,493 10,336 5,357 6,654 10,441 5,259 6,786 r0,s93 s,2s3 6,867 10,796 5,28s 6,886 Elenenttry K-5 MitldleSchool 6-8 High School 9-12 I,I% -0.3% -0.r% 0.0% 1.2% 0.3% 0.5% 0.6% L0% 1. I 0/6 24,000 23,000 22,000 21,000 20,000 19,000 18,000 17,000 16,000 15,000 Enrollment Hisiory and Six Year Forecast È"\ù,.Ènù,.ù,^qqqqqq)o 2o Þr 2, ), 2e 9" g ou, 'i *B 'g School Year ¡LlC 23 FEDERAL WAY PLTBLIC SCHOOLS 20I9 CAPITAL FACII,TTIF.S PT,AN SECTION 4 - KING COUNTY. CITY OF FEDERAL WAY. AND CITY OF KENT IMPACT FEE CALCULATIONS Capacity Summaries Site & Construction Costs Allocations Student Generation Rates Impact Fee Calculations Reference to Impact Fee Calculations 24 FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN CAPACITY SUMMARIES All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information, Portable Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The District has recently adjusted its capacity calculation method for Elementary schools to better show capacity needed to comply with the K-3 Class Size Reduction. This adjustment is also shown in the portable capacity calculation. In order to allow for flexibility in portable usage the District will use an average class size calculation of 2l for each Elementary portable and an average class size of 25 for each Middle and High School portable. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 25 FEDERAL WAY PI_IBLIC SCHOOLS 20Iq CAPITAT FACIT,TTTF.S PI.AN CAPACITY SUMMARIES, Continued Capacity Summary - All Grades CAPACITY m.{ROLLMm{T Budset -- Proiected-- Calendar Year 20t8 20t9 2020 2021 2022 2023 2024 School Year 20t8-19 2019-20 2020-21 202t-22 2022-23 2023-24 2024-25 BUILDINC PROCRAM HEADCOUNT CAPACITY FTECAPACITY t9,434 19.885 19,434 I 9.88s 19,434 r9,885 19,434 I 9.885 20,005 20,456 20,455 20,922 20,455 )o q)) Add Capacity Adiusted Prosrarn Headcount Capacitv 1,9.434 t9.434 19.434 20.005 20.4ss 20.455 20,455 Adiusted Prosrarn FTE Capacitv 19.885 19.885 19.885 20.456 20.906 20.922 2Q,922 Bas ic Headcount Enlolllnent lntemet Acaderny Headcount Enrolhnentl Basic FTE Enrolhnent without Intemet Academv 2t,9t7 (208) 2t.709 22,185 (208) 21,977 )) )A'l (208) 22.035 22,347 (208) 22.r39 22,489 (208) 22,28t )) 1 l'\ (208) 22.s0s 22,967 (208) 22.759 S URPLUS OR (TJI\HOUS FD) ACTTY RELOCÄTABLECAPACITY SURPLUS OR(LINHOUSFD) PROGRAM AND RELOCATAB LE CAPACITY 473 205 r23l)236 544 336 82 NOTES: I Intemet Acaderny students are included in projections but do not require full titne use olscliool fàcilities Curent Portable Capacity Add New Porlable Capacity Subtract Portable Capacity 2,t7 t ') )q'l ) )q7 t,919 t,919 t,9 t9 1,9 t9 Adiusted Portable Caoacilv ) )o1 ) )Q'7 1,9 t9 t,9t9 1.919 1.919 1"919 26 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN CAPACITY SUMMARIES, Continued Capacity Summary - Elementary Schools Budget -- Proiected-- Calendar Year 20r 8 2019 2020 2021 2022 2023 2024 School Year 2018-r9 2019-20 2020-21 2071-22 2022-23 2023-24 2024-25 BUILDING PROGRAM HEAD COUNT CAPACITY F-IECAPACITY 8A4s 8.445 8.445 8.44s 8,445 8.445 8.44s 8.44s 9,0r6 s.0 r6 o tro o rro o )to q )?o Add/Subtract capacity total Aclcl capacity atl L¿ke Crove Mirror l¡ke Stal L¿ke Wildwood Adiusted Prograrn Fleadcount Capacitv 8.44s 8.M5 8.445 9.016 9.229 9.229 9.229 Adiusted Pto grarn FTE Capacitv 8.445 8.445 8.445 9.016 9,229 q ))a q ??o ENROLLMüll'[ Bas io Fleaclcount Enrolhrpnt Internet Acaderny Heaclcount" Basic Fleadcount Enrollrrcnt without Intelnet Acaderw 10.277 t0,292 (ls) 10,291 ( l5) t0.276 10,288 (15) t0.273 10,336 (15) 10.32 l 10,444 ( l5) 10.49 10,593 ( ls) 10.s78 10,796 ( l5) 10.78 I SURPLUS OR(UNHOUS[I)) PROGRANICAPACITY 11.832)ú.8311 ll -828ì û.30s) ú.200)(1"349)tr.s52ì RTLOCATABLECAPAC|TY1 s LJRPLUS OR (LrN HOUS !D) PROGR-A,M AND RE-OC¡\TABLE CAPACITY (635)(634\ú.009)t486)l38l )t530)(733\ NOTES: I Capacity increases are pt'ojected based on a design to accornmdate 600 stuclents - as design is corr4rletecl these uny be adjusted in firttne itetations olthis plan. lncreased capacity ìs currently stated as the dillerence between cunent calculated capacity and the projeoted design. 2lnternetAcadenrystudentsareincludedinprojectionsbutdonotrequirefulltirneuseofschoolfacilities. 3 Relocatable C'apacity is basecl on the nurrtrel of portables available and othel adrninistrative techniques which can be used to teuporarily house students until perrrunent fàcilities are available. This is a calculated nurnberonly The actual nutrùer ofporlables that will be usecl will be based on actual student population needs. The District rmy begin to pull portables fì'otnthe instructional inventory. Age and condition of the porlables will detennine fèasibility ttrl continued instructional use. Cunent Portable Capacity Acld/Subtract porlable capacity Add portable capacity at: Lake Dolloff Meredith Ftill Sunnyclest Subtract portable capacity at: L¡ke Gove Minor L¡ke Star L¿ke Wildwood 1,071 t.t97 1.191 819 819 819 8t9 Adíusted Potable Caoacitv r.t97 1.197 8t9 819 8t9 819 819 21 FEDERAL WAY PLTBLIC SCHOOLS 2019 CAPITAL FACILITIES PI,AN CAPACITY SUMMARIES, Continued Capacity Summary - Middle Schools ITY 8.{ROLLùI${T Budset -- Proiected-- Calendar Year 20r 8 201 9 2020 202r 2022 2023 2024 School Year 201 8- t9 20t9-20 2020-2t 202t-22 2022-23 2023-24 2024-25 BUILDING PROCRAM HEADCOUNT CAPACITY FTECAPACITY < t?< s.329 5,275 s329 5 ?75 5.329 < )1\ 5329 < t7s 5 1r0 \ )75 5.129 5,275 5.329 Add/Subtract capacity Add capacity at: Totetnl Adiusted Prosraln Headcount Capacitv s )'1\5.275 5 t75 \ )1\s t75 5.275 5.215 Adiusted Prosrarn FTE Capacity 5.329 5.329 5.329 s.329 s.329 5.329 5.329 Bas ic Headco unt Enrolln--nt Intemet Acatleury2 Basic Enrolhnent without lntemet Acadernv 5,247 (47) 5,200 5,470 (41) 5.423 5,462 (47) 5,415 5.357 (47) s,310 5.259 (47) s,212 s )51 5.206 (47) 5,285 (4'7) s.238 SURPLUS OR(UNHOUSED) PROGRAMCAPACITY t29 o4\186)L9 ll7 t23 9t RELOCATABLECAPACITYT Cunent Porlable Capacity Acldi Subtract portable capacity Totern Middle School Adiusted Portable Caoacitv 450 450 450 450 450 450 450 450 450 (100) 3s0 350 350 3s0 3s0 SURPLUS OR(LINHOUSF¡) PROGRAIVI AND Rfl-OCATABLE CAPACITY s79 356 364 469 461 413 441 NOTES: I ToternMiddteschoolcumentlyhasacapacitytbr'800studentsandisbeingdesignecltoaccomrrodateacornparable student population. 2 lnternet Acaclerny students are includecl in projections but do not require ñrll titne use of school facititics. 3 RelocatableCapacityisbasedonthenur¡berofportablesavailableandotheradrninistrativetechniqueswhich can be used to ternporadly house students until pennanent lacilities are available. This is a calculated nutnber only. The actual nurnber ofpofiables that will be used will be based on actual student population needs. The Distrjct uray begin to pull portables liomtlie instnrctional inventory. Age and condition of the portables wìll detennine fbas ibility for continued ins tructio nal us e. 2B FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN CAPACITY S UMMARIES' Continued Capacity Summary - High Schools CAPACITY n{ROLLMm{T Budeet - - Prolected - Calendar Year 20 t8 2019 2020 2021 2022 2023 2024 School Year 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 BUILDING PROGRAM HEADCOUNT CAPACITY FTE CAPACITY 5,714 6.r I I 5,714 6.1 il 5,114 ó.1I I 5,7 t4 6.llt 5,714 6.1 il 5,951 6-164 5,951 63& Add/Subtract capacity Tlrornas Jeffenon High Schoola Adius ted Progmrn Headcount Capacitv 5.7 14 5.-/14 5.7t4 5;il4 5,951 5,95 I 5,951 Adiusted Prograln FTE Capacity ó.llt 6"il1 6.n l 6.1ll 6.3&6,364 639 Basic Headcount Enrolhnent lntemet Academyl Basic Ed without Intemet Acadernv 6,378 (t46) 6.232 6,424 (146) 6.278 6,493 (146) 6,347 6,654 (146) 6,508 6,786 (146) 6,U0 6,867 (t46) 6,72t 6,886 ( 146) 6"740 s URPLUS OR (TJNHOUS ED) PROGRAMCAPACITY (121\$67\Q36\ß97\Q76\1357)ß761 RELOCATABLECAPACNY2 Curent Porlable Capacity Add/Subtract porable capacity 650 650 650 650 650 650 650 Adjusted Ponable Capacity 650 650 650 650 650 650 650 S URPLUS OR (I.JNHO US [D) PROGRAM AND RELOCATABLE CAPAClTY3 529 483 4t4 253 374 293 274 NOTES: l. InternetAcadetnystudentsareincludedinprojectionsbutdonotrequirefull tirneuseofschool fàcilities 2 RelocatableCapacityisbasedonthenumberofportablesavailableanclothetadrninistrativeteclrniqueswhich can be used to telnporarily house students until pennanent lacilities are available. This is a calculated number only The actual nurnberolportables that will be used will be based on actual student popr.rlation needs. The District rnay begin to pull porlables fiorn the instructional inventory. Age and condition of the porlables will detennine fèasibility fbr continued ins tructional us e. 3. Capacity lol unhoused students will be accorrurpdated with traveling teachers and no planning tirne in sorne classroolm. 4 CurrentprojecttirnelinesestiratethecornpletionofThornasJetlèrsonHSopeninginthelall of2022. 29 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN IMPACT FBE CALCULATIONS Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 214 and was substantially adopted by the City of Aubum, Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. Impact Fee Calculation On page 30, the 2018 variables for the calculation of the Impact Fee for single family and multi-family units based on King County Code 2lA and the Growth Management Act, generate the results below: Plan Year 20I B Plan Year 2019 Single Family Units Multi-Family Units Mixed-Use Residential I s6,842 820,086 810,043 s7,221 $19,454 727 Impact Fee Calculation - King County Code 214 The Impact Fees have changed as a result of changes in several factors. The updates made to the variables in the Impact Fee calculation, generate a change in the Impact Fee between the 2018 Capital Facilities Plan and the 2019 Capital Facilities Plan. A summary of these changes can be found on page 32 and a year over year comparison of formula variables can be found on page 33. I In accordance with the City of Federal Way Ordinance No. 95-249 30 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATIONS' continued Impact Fee Calculations School Site Acquisition Cost: Faciliry Cost / Acre Facilitv Student Factor Student Factor' SFR Student FactoÍ Cost/ MFR Cost/ MFR Cost/ MFR Cost/ MFR MFR Cost/ SFR Cost/ SFR Elernentary Middle School High School School Construction Cost: o/o Penn Fac.i Facility Facility TOTAI, Student Factor MFRTotalFt Eler.nentary Middle School High School Temporary Facility Cost: o/o Terrp Fac.Facility Facility Total Ft Cost Elernentary Middle School High School State Matching Credt Calculation: Construction Cost Sq. Ft State A Ft Student Elernentary Middle School High School Tax Payment Credit Calculation Average Assessed Value (March 2018) Capital Bond Interest Rate (March 2018) Net Present Value of Average Dwelling Yeats Atprlized Prcpefty Taxlevy Rate Present Value of Rere¡rue Stream Mitigation Fee Summary Site Acquisition Cost Penrnnent Facility Cost Terrpomry Facility Cost State Match Credit Tax Payurent Credit SubTotal 507n Local Share lln accordance with the City of Federal Way Or'dinance No. 95-249 2ln accor'dance with the City of Kent Ordinance No.4278 Total SFR Single Family Multi-Family MixeGUse Residences Residences Residentiall Student Factor FR TOTAI, Student Factor Cost/ Cost/ SFR SFR TOTAL Student Factor Studsnt Factor MFR $ $ $ $ $ 2,862 $ 20,408 $ 2t$ (5,633) $ (3.214) S 5,781 $ 47,388 $ 5s$ (13,145) $ (l,l7l) $ 5,781 47,388 55 ( r3,145) (l,l7l) $ t 4,443 $ $ 7,221 $ 38,908 $ 19,454 $ 38,908 t9.454 Calculated lmBct Fee $ 7.221 S t9.454 S 9.727 City of Kent tmpact Fee2 s 7.22r $ 8.386 $0 $0.9,??y 0.1073 SO s00.2701 4.85 $216.718 5l 0.13m 0.2808 $2.8ó2 $5.78 r s2.862 $s,781 927.134 $0 784$3S,701,150 I l $r7.óó1.7r3 I 0.1073 0.270t $ $0 $920.2s4 $20,408 $47.388 $s5 $0 3.2t% t88 0.1073 0.1390 t26 0.2244 0.5865 $21 0.2701 0.2808 $0 $21 |tt55 s2.973 s7.771 s0 $0 s225.97 ,..._...-_.-ï??1,?L $225.97 65. I 65.15%0.1 0.5865 .$2.6({l $5.374 $5.633 sl -1.1 45 ...$i?7,.q91.... 3.8s% ...$J.t?t?.1... 3.8s% ..v,q1,q,7!1..__ l0 $ r.20 __.$97.i,?_qÞ.._. l0 $ 1.20 $3,214 $ 1.171 31 FEDERAL WAY PUBLIC SCHOOLS 2OI9 CAPITAL FACILITIES PLAN REFBRENCES TO IMPACT FEE CALCULATIONS SCHOOL ACQUISITION COST The district purchased the Norman Center to house the Employment Transition Program and to allow for the expansion of the ECEAP program. The purchase and use of this site increased our high school permanent capacity by 51 students. Total Cost Cost per Acre $2,100,000 / 2: $1,0500000 81,050,000 / 4.85 : 821 6,718 SCHOOL CONSTRUCTION COST With voter approval of the $450,000,000 bond package, design work is underway for six of the approved projects. Anticipated construction budgets (based on the Maximum Allowable Construction Cost or MACC) have been updated to reflect the current construction market, and capacity has been line-tuned. In addition, a credit for the cost of new construction is incorporated to recognize the K-3 Class Size Reduction Grant obtained by Federal Way Public Schools. It is estimated this $23 million grant will be reimbursed in six equal payments - a portion for each of the six schools serving K-3 students. The following table outlines the facility cost included in the impact fee calculation: Two additional projects are within this horizon, but not yet included - Olympic View K-8 and Mark Twain Elementary. These costs will be incorporated into future Capital Facilities Plans. Current Middle School capacity calculations do not reflect unhoused students, so no costs associated with lllahee Middle School or Totem Middle School are included. Consistent with the capacity calculations described earlier, the District uses the OSPI square footage calculation for determining capacity at our secondary schools. Based on this methodology, the following construction costs for Thomas Jefferson High School are allocated as the proportionate share: Elementary Schools Lake Grove Mirror Lake Star Lake Wildwood Elementary TOTAL Permanent Capacity 353 404 387 472 t6t6 New Capacity 600 600 600 600 2400 Increased Capacity as o/o 48.5o/o MACC 827,r74,2s0 s27,174,250 s29,854,450 s27.174.250 $ 1 1 1,377,200 Proportionate Share $ 54,034,483 K-3 Class Size Credit ($ 15,333,333) Net Proportionate Share $ 38,701,150 32 FEDERAL WAY PUBLIC SCHOOLS 20I9 CAPITAL FACILITIES PLAN REFERENCES TO IMPACT FEE CALCULATIONS, continued Square Footage Capacity at 130 sq. ft. Current: l79,ll9 1378 Planned: 210,000 l6 15 Increased Capacity 237 Increase as o/o 17.24% MACC $102.443.200 Proportionate Share $ 17.661.713 The District will use the above formulas created as a base for future Capital Facilities Plans during the life of the current bond authorization. The capacity of these schools may vary from year to year as programs are added or changed and construction cost may increase over time. FACILITIES CAPACITY Permanent Facility Capacity: Changes to the Building Program Capacities calculation are found on page 17. Capacity Summaries: The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 25-28. Student Generation Factor Analysis: Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2019 Capital Facilities Plan were derived using actual generation factors from single-family units and multi-family units that were constructed in the District in the last five (5) years and can be found on the next page Temporary Facility Cost: The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on pages 18 and t9. 33 FEDERAL WAY PUBLIC SCHOOLS 2019 CAPITAL FACILITIES PLAN STUDENT GENERATION RATES New Construction in Prior 5 Years Single Fanib' Student Generation Multi-Fauriþ' Student Generation - Cit¡' of Federal Wa¡' Total SüJClent Factor 0 2ô67 0.3334 0 8667 0.2381 0.63ö3 û.40{n 0.4138 0 6755 o.3243 0 5910 o-4707 lligh School Student Facbr 0 000û 0 2000 0.008/ 0.0667 0.tlsog û.166/ 0 1034 0 2281 0.1081 0 159't 0.1390 Middle School Student Factor û 0667 0 0667 0. r 333 0 0190 0.0909 0 1333 0 m90 0.1 842 0 1081 0.13ô4 0,1073 Elementary Sù¡dent Factor 0 2000 0.0667 0 6667 o 1524 o 4545 0.1000 o 2414 o.2632 0 1081 0 2955 o-''244 Number of High School Sü¡denb 0 3 1 7 1 5 3 26 4 7 57 Number of lliddle School St¡dents 1 1 2 1 4 2 21 4 ô 44 Number of Elementary St¡de nts 3 10 16 3 7 30 4 13 92 Number of S¡ngle Family Dwellings 1a 13 15 105 tt 30 29 114 37 44 41Ð DEVELOPMENT (1 7) Eagle Manor (17) Lakehaven Estates (1 7) Hrbbford Glen (17) Vista Pointe {16) Jefierson Placê (1 6) Star Lake East (1 5) Swan Song (1 5) Wynstone East (14) North Lake Rim {14) Wynstone Total Sù¡dent Generation" Total Strdent Factor 0 8669 1 .3194 0.2963 "t 3tìã2 1-1374 High School Student Facbr 0 1851 o.2ft8 0.0741 o 4427 0,2808 ll¡ddle School Student Fâctor 0 2110 0.2778 0 0741 o 3447 o.2701 Elementary Sû¡dent Facbr 0 4708 0.7639 0 1481 0 6177 0.5865 I'lum be r of High Sehool St¡de nts 57 60 2 118 23t Num be r of Middle School St¡dents 65 ôo 2 10't 228 Number of Elementary Students 145 165 4 181 495 Number of Mulfi Family Dwellings 308 216 27 2S3 844 DEVELOPMENT (1 7) Uptown Square (17) Kittb Corner (1 6) Kand¡la Toìrvnhomes (1 5) Park 16 Total Strdent Generation" 'Student Generatron rate rs based tn totals 1A FEDERAL WAY PUBLIC SCHOOLS 20I9 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2OI8 TO 2019 Item From/To Comment Percent of Pennanent Facilities 95.86% to 95.llo/o Report #3 OSPI Percent Temporary Facilities 4)4% to 4.89o/o Updated portable inventory Average C ost of Portable Classroors C onstruction C ost Allocation State Match Average Assessed Vafue Capital Bond Interest Rate Properly Tax Ler,y Rate Student Generation F actors Single-Family SFR- 5294,328 to $327,803 MFR- $109,489 to $119,431 5172,993 to $189,188 Updated 5-yr rolling average of portables purchased and placed by 2016. 5213.23 to 5225.97 Change effective J,úy 2017 65.59% to 65.150/o Change effective J,úy 2017 Per Puget Sound Educational Service District (ESD 121) Elementary Middle School High School 3.95% to 3.85%Market Rate $ l.3l to $1.20 .2200 to .2244 .1202 to .1073 .1429 to .1390 5970 to.5865 2369 to .2701 3228 to .2808 King Corurty Treasury Division Updated Horsing Inventory No te : Stu d e n t gene ra t i on fa cto rs þ r a re single fanily units are based on neu, developments constrlrcted withín the District over the lustfve (5) years prior to the date of the fee calculation. Stttdent generation factorsþr arc multi- family units are based on new developments constntcted within the District over the lust fve (5) years prior to the dote ofthe fee cet lcttlation. SFR based on the updated calculation MFR based on the updated calculation SFR based on the updated calculation MFR maximum per City of Kent Ordinance No. 4278 Multi-Farnily Elementary Middle School High School Irpact Fee City ofKent SFR- 56,842 toS7,22l MFR- $20,086 ro $19,454 SFR- 56f42to57,221 MFR - $20,086 to $8,386 35 Each Scholar: A Voice. A Dream. A BRIGHT Future. In an environment of high expectations, high support, and no excuses, the staff of Federal Way Public Schools will continually learn, lead, utilize data, and collaborate to ensure our scholars have a voice, a dreaffi, ând a bright future. 6lA,C, THE EARTY YEARS: BUILDING ÏHE FOUNDATION lwo WHOTE CHITD: THRIVIN6, RESPONSIBIE CONIIDENf, rNDtvtDuAts Êvsry rtudint slìolår will ede. kandcrqå{cr r@dy to h¿rß with tht $o¡ll em0tion¿l 5lill9 tlÊt will propcl eåô ilod$t to neét ü q(e€d gr¡& leval starúrù i0 tnglieh l¿n9uåge Aß (El¡) ¡[d Maùwâti€ by úe end of ]d gråde Eq srùdont trhol¿r üll bê Mp@sed ald prapd€d 10 ddêfop pêeül Ë¡nartility ¡¡ ords b be pG¡tivs produ.livê mmbss ol $dett, ACTIVE LËARNERS: twrte ENGAGED, EMPOWERED CRITICAL THINKERS t€y ftdeôt dþh¡ üll b€ eûp@er€d sfth Menltp of thek ed@tff ðnd be ñlly s!¡ged ¡û le(mìrg úiliÕl and oÍôtive thi¡lsr I GoNTENÏ-AREA towr:trtrËüåï I tlery íodflt (holar lr¡r¡ Kth quit¿bh opPonúilY 's:::å*#Iffil peddmåne ñ âl¡ 3újs bt tôe 6d ot 6ó gróde. ntll ¡l," Jåffi',il+,H,:I t v v HrGHscHooLI cRaounrtoNTHRouGlt succEsSFUt TRANSlll0NS fuary stodent rhole wilf r((sJfult üvigþlê úe (r¡ti(¿l lrânr¡tlqtr h ÙteÎ, st6[ngr dd sll gradu¡ls frm high st{ol Èãrly fd oü¡gq (aH, ald po3¡t(ond¡ry dp!ilffq FEDERAL WAY PUBLIC SCHOOLS Each Scholar: A voice. A dream. A BRIGHT future. , This document is published by the Business Services Department of the Federal Way Public Schools. May 2018 CAPITAL FACILITIES PLAN 2018 through 2024 Adopted by the Auburn School District Board of Directors June 11, 2018 Auburn School District No. 408 915 Fourth Street NE Auburn, Washington 98002 Unincorporated King County City of Auburn Serving Students in: Ray Vefik Robyn Mulenga Anne Baunach (253) 931-4900 City of Pacific City of Algona City of Kent City of Black Diamond Dr. Alan Spicciati, Superintendent BOARD of DIRECTORS Ryan Van Quill Laurie Bishop Section I Executive Summary ……………………Page 1 Section II Enrollment Projections…………………Page 6 Section III Standard of Service……………………Page 8 Section IV Inventory of Facilities……………………Page 16 Section V Pupil Capacity……………………………Page 20 Section VI Capital Construction Plan………………Page 23 Section VII Impact Fees………………………………Page 27 Section VIII Appendices…………………………..…Page 31 Appendix A.1 - Student Enrollment Projections Page 32 Appendix A.2 - Capital Facilities Plan Projections Page 45 Appendix A.3 - Student Generation Survey Page 50 Table of Contents Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section I Executive Summary 2 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 I. Executive Summary This six-year Capital Facilities Plan (the “Plan”) has been prepared by the Auburn School District (the “District”) as the District’s principal planning document, in compliance with the requirements of Washington’s Growth Management Act and the adopted ordinances of the counties and cities served by the District. This Plan was prepared using data available in the spring of 2018. This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District’s needs. The District may prepare interim and periodic long-range Capital Facilities Plans consistent with Board Policies and actions, taking into account a longer or a shorter time period; other factors and trends in the use of facilities; and other needs of the District as may be required. However, any such plan or plans will be consistent with this six-year Capital Facilities Plan. To enable the collection of impact fees in the unincorporated areas of King County and within the City of Auburn and City of Kent; the King County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction’s respective comprehensive plan. To enable the collection of impact fees in the Cities of Algona, Pacific, and Black Diamond, these municipalities must also adopt this Plan and adopt school impact fee ordinances. Pursuant to the requirements of the Growth Management Act and the local ordinances, this Plan will be updated on an annual basis, and any changes in the fee schedule(s) adjusted accordingly. The Plan establishes the District’s “standard of service” in order to ascertain the District’s current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs of the District. The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District’s specific needs. In general, the District’s current standard provides that class size for grades K-3 should not exceed 17 students and class size for grades 4-5 should not exceed 25 students. When averaged over the six elementary grades, this computes to 19.67 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. Decisions by current legislative actions may create the need for additional classrooms. (See Section III for more specific information.) The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District’s 2017-18 capacity was 14,717. The actual number of individual students was 16,525 as of October 1, 2017. (See Section V for more specific information.) 3 The Capital Construction Plan shown in Section VI addresses the additions and proposed modernization to the District’s existing facilities. The plan includes the replacement of five elementary schools and one middle school, construction of two new elementary schools, and acquisition of future school sites to accommodate growth. The new facilities are required to meet the projected elementary school class size reductions mandated by the State of Washington and student population increases generated by the large development areas within the Auburn School District. Three areas that have significant impact on the school district are the Lakeland South, Lea Hill, and the Auburn west hill and valley areas of the district. There are other pockets of development that impact the District as well. The District completed a comprehensive review of all district facilities in October 2008. A Steering Committee made recommendations to the Board for capital improvements to existing facilities and replacement of seven schools over the next ten years. These recommendations led to a capital improvements levy and a bond issue that was placed on the ballot in March 2009. Both ballot measures were unsuccessful in March. The Board determined to rerun only the capital improvements levy in November 2009, which the voters approved. In the fall of 2011, the Board determined to move forward with the Auburn High School Modernization and Reconstruction Project and placed the project before the voters in February of 2012. The bond issue was supported by the community at nearly 57% approval rate, but was short of the super majority requirement of 60%. In March of 2012, the Board determined to rerun the bond in November of 2012. In November 2012, the bond passed at 62%. The project was completed during the summer of 2016. In the spring of 2016, the Board determined to move forward with the replacement of six schools and the construction of two new elementary schools. The project was placed before the voters in November 2016 and the bond passed at 62.83%. The first of the projects, the replacement of Olympic Middle School, started construction in May 2018. The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impacts incurred by a district experiencing growth and development. Section VII sets forth the proposed school impact fees for single family and multi-family dwelling units. The student generation factors have been developed using the students who actually attend school in the Auburn School District from single family and multi-family developments constructed in the last five years. There have been dramatic changes in the student generation factors for single and multi-family in the past five years. The District plans to carefully monitor the numbers over the next several years to determine if this is a trend or an anomaly. The method of collecting the data is with the use of GIS mapping software, data from King County and Pierce County GIS, data from Davis Demographics and integration of the mapping with student data from the District’s student data system. This method gives the District actual student generation numbers for each grade span for identified developments. This data is contained in Appendix A.3. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 EXECUTIVE SUMMARY 4 Listed below is a summary level outline of the changes from the 2017 Capital Facilities Plan that are a part of the 2018 Plan. The changes are noted by Section for ease of reference. Section I Executive Summary A. Updated to reflect new information within the Plan. B. Summary level list of changes from previous year. Section II Enrollment Projections Updated projections. See Appendices A.1 & A.2. Section III Standard of Service A. Reduction of maximum K-3 class size from between 18.23 and 24 students to 17 students at elementary schools. B. Reduction of maximum fourth grade class size from 26 students to 25 students. C. Reduction of maximum 5th grade class size from 29 students to 25 students. Section IV Inventory of Facilities A. Add 2 portables at Alpac Elementary School. B. Add 3 portables at Lea Hill Elementary School. C. Add 1 portable at Terminal Park Elementary School. D. Add 1 portable at Washington Elementary School. E. Remove 1 portable from Pioneer Elementary School. Section V Pupil Capacity The six portables to be placed and the one portable to be relocated in August 2018 are needed to accommodate enrollment increases. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 EXECUTIVE SUMMARY 5 Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2017 to 2018 CPF CPF 2017 2018 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 0.1930 0.2340 Student Generation Factors are calculated Middle School 0.0770 0.0970 by the school district based on district Sr. High 0.0730 0.1230 records of average actual student generation Multi-Family rates for new developments constructed Elementary 0.1030 0.2190 over the last five years. Middle School 0.0310 0.1070 Sr. High 0.0440 0.1060 School Construction Costs Elementary $48,500,000 $60,200,000 Site Acquisition Costs Cost per acre $434,136 $344,240 Updated estimate based on 2.5% annual inflation Area Cost Allowance Boeckh Index $213.23 $225.97 Updated to projected SPI schedule. (July 2018) Match % - State 63.29%64.99%Updated to current SPI schedule (May 2017) Match % - District 36.71%35.01%Computed District Average AV Single Family $292,035 $373,974 Updated from March 2018 King County Dept of Assessments data. Multi-Family $127,147 $139,135 Updated from March 2018 King County Dept of Assessments data using average AV for apartments and condominiums. Debt Serv Tax Rate $2.65 $2.41 Current Fiscal Year GO Bond Int Rate 3.95%3.27%Current Rate (Bond Buyers 20 Index 3-14) Section VIII Appendices Appendix A.1 - Updated enrollment projections from October 1, 2017 Appendix A.2 - Updated enrollment projections with anticipated buildout schedule from April 2018 Appendix A.3 - Student Generation Survey April 2018 DATA ELEMENTS From new school construction cost estimate in April 2018. Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section II Enrollment Projections Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 ENROLLMENT PROJECTIONS 7 The Auburn School District uses a modified cohort survival model to project future enrollment for all of the District's operations. Table II.1 is an extract from the comprehensive projection model found in Appendix A.2 titled "CAPITAL FACILITIES PLAN Enrollment Projections". This Table shows the anticipated enrollment for the next six years based on the previous six year history of the District under the assumptions set forth in the comprehensive projections, Appendix A.1, and the projection for additional students generated from new developments in the district as shown in Appendix A.2. TABLE ASD ENROLLMENT II.1 PROJECTIONS (April 2018) 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-2024 GRADE Actual Projected Projected Projected Projected Projected Projected KDG 1261 1294 1326 1359 1391 1424 1457 1 1276 1320 1353 1386 1418 1451 1483 2 1252 1314 1359 1391 1424 1456 1489 3 1328 1284 1346 1391 1423 1456 1488 4 1329 1355 1311 1373 1418 1450 1483 5 1269 1361 1387 1343 1406 1450 1483 K - 5 7715 7928 8082 8243 8480 8687 8883 6 1207 1268 1360 1386 1342 1405 1449 7 1194 1240 1301 1394 1420 1376 1438 8 1183 1221 1268 1329 1421 1447 1403 6 - 8 3584 3729 3929 4109 4183 4228 4290 9 1258 1357 1395 1442 1503 1595 1621 10 1300 1287 1386 1424 1470 1531 1624 11 1249 1288 1274 1374 1412 1458 1519 12 1419 1347 1386 1372 1472 1510 1556 9 - 12 5226 5279 5441 5612 5857 6094 6320 TOTALS 16,525 16,936 17,452 17,964 18,520 19,009 19,493 GRADES K-12 Actual Projected Projected Projected Projected Projected Projected K-5 7715 7928 8082 8243 8480 8687 8883 6-8 3584 3729 3929 4109 4183 4228 4290 9-12 5226 5279 5441 5612 5857 6094 6320 K-12 16,525 16,936 17,452 17,964 18,520 19,009 19,493 Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section III Standard of Service Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 9 The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent indicate that each school district must establish a "Standard of Service" in order to ascertain the overall capacity to house its projected student population. The Superintendent of Public Instruction establishes square footage "capacity" guidelines for computing state funding support. The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects. By default these guidelines have been used to benchmark the district's capacity to house its student population. The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program. The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines. The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern. Conditions that may result in potential space needs are provided for information purposes without accompanying computations. OVERVIEW The Auburn School District operates fourteen elementary schools housing 7,715 students in grades K through 5. The four middle schools house 3,884 students in grades 6 through 8. The District operates three comprehensive senior high schools and one alternative high school, housing 5,226 students in grades 9 through 12. CLASS SIZE The number of pupils per classroom determines the number of classrooms required to house the student population. Specialists create additional space needs. Class sizes are subject to collective bargaining agreements. Changes to class size agreements can have significant impact on available space. The current pupil/teacher limit across all elementary programs is an average of 19.67 students per teacher. Consistent with this staffing limit, room capacities are set at 19.67 students per room at grades K - 5. At grades 6 - 12 the limit is set at 30 pupils per room. The SPI space allocation for each grade articulation level, less the computed reduction for the Auburn School District Standard of Service, determines the District's capacity to house projected pupil populations. These reductions are shown below by grade articulation level. STRUCTURED LEARNING FOR DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates a structured learning program for students with moderate to severe disabilities at the elementary school level which currently uses 14 classrooms to provide for 115 students. The housing requirements for this program are provided for in the SPI space guidelines. No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population. PATHWAYS SPECIAL EDUCATION The Auburn School District operates an adaptive behavior program for students with behavior disabilities at the elementary school level. The program uses two classrooms to provide for 22 students. The housing requirements for this program exceed the SPI space allocations. (Two classrooms @ 19.67 - 11 = 8.67) Loss of Permanent Capacity 2 rooms @ 8.67 each =(17) Loss of Temporary Capacity 0 rooms @ 8.67 each =0 Total Capacity Loss =(17) ELEMENTARY SCHOOLS Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 10 SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for special education students requiring instruction to address their specific disabilities. Sixteen standard classrooms are required to house this program. The housing requirements for this program exceed the SPI space guidelines. Continued loss of capacity is expected as growth in program is larger than the total elementary population. Loss of Permanent Capacity 8 (16-8) rooms @ 19.67 each =(157) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(157) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 19.67 each =(20) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(20) HEAD START The Auburn School District operates a Head Start program for approximately 114 pre-school aged children in six sections of 1/2 day in length. The program is housed at three elementary schools and utilizes three standard elementary classrooms and auxiliary office spaces. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 3 rooms @ 19.67 each =(59) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(59) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children below age five with disabilities. This program is housed at eight different elementary schools and currently uses 12 standard classrooms. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 12 rooms @ 19.67 each =(236) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(236) READING LABS The Auburn School District operates a program for students needing remediation and additional language arts instruction. These programs utilize non-standard classroom spaces if available in each elementary school. Four elementary schools do not have non-standard rooms available, thus they are housed in a standard classroom. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 19.67 each =(79) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(79) Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 11 MUSIC ROOMS The Auburn School District elementary music programs require one acoustically modified classroom at each school for music instruction. The housing requirements are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 19.67 each =(275) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(275) ENGLISH LANGUAGE LEARNERS PROGRAM The Auburn School District operates pullout programs at the elementary school level for students learning English as a second language. This program requires 21 standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 21 rooms @ 19.67 each =(413) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(413) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for eight highly impacted elementary schools. This pullout model provides direct instruction to students who are not at grade level and do not receive other services. This program requires eight standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 8 rooms @ 19.67 each =(157) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(157) ELEMENTARY LEARNING SPECIALIST PROGRAM The Auburn School District provides a learning specialist program to increase literacy skills for first and second graders. This program model was originally created from the I-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms. The district is utilizing classrooms at all fourteen elementary schools. Loss of Permanent Capacity 14 rooms @ 19.67 each =(275) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(275) EARLY CHILDHOOD EDUCATION ASSISTANCE PROGRAM The Auburn School District operates an ECEAP program for 132 pre-school aged children in six sections of half-day length and one full-day program. The program is housed at one elementary school and two off-site locations and utilizes one standard elementary classroom and three additional classroom spaces and auxiliary office spaces. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 19.67 each =(79) Loss of Temporary Capacity 0 rooms @ 19.67 each =0 Total Capacity Loss =(79) Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 12 SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level. This is to accommodate special education students needing remedial instruction to address their specific disabilities. Eleven classrooms are required at the middle school level to provide for approximately 282 students. The housing requirements for this program are not entirely provided for in the SPI space guidelines. PATHWAYS SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior disabilities. The program is housed at one of the middle schools and uses two classrooms. One of the two classrooms for this program are provided for in the SPI space allocations. Loss of Permanent Capacity 1 rooms @ 30 each =(30) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (30) STRUCTURED LEARNING CENTER AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates five structured learning classrooms at the middle school level for students with moderate to severe disabilities and one developmentally disabled classroom for students with profound disabilities. Two of the five classrooms for this program are provided for in the SPI space allocations. Loss of Permanent Capacity 3 rooms @ 30 each =(90) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (90) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the middle school level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 30 each =(30) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (30) MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each of the four middle schools. This program utilizes a standard classroom. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each =(120) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (120) ENGLISH LANGUAGE LEARNERS PROGRAM The Auburn School District operates a pullout program at the middle school level for English Language Learner students. This program requires seven standard classrooms that are not provide for in the SPI space guidelines. Loss of Permanent Capacity 7 rooms @ 30 each =(210) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (210) MIDDLE SCHOOLS Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 13 ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. SPI Report #3 dated 12/14/11 identifies 148 teaching stations available in the mid-level facilities. The utilization pattern results in a loss of approximately 8 teaching stations. Loss of Permanent Capacity 8 rooms @ 30 each =(240) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (240) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the high school level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 30 each =(30) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (30) SENIOR HIGH COMPUTER LABS The Auburn School District operates two computer labs at each of the senior high schools. This program utilizes two standard classrooms at comprehensive high schools and one at West Auburn. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 7 rooms @ 30 each =(210) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (210) ENGLISH LANGUAGE LEARNERS PROGRAM The Auburn School District operates a pullout program at three comprehensive high schools for English Language Learner students. This program requires five standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 5 rooms @ 30 each =(150) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (150) PATHWAYS SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities. The program is housed at one of the high schools and uses two classrooms. The housing requirements for this program are not provided for in the SPI space allocations. Loss of Permanent Capacity 2 rooms @ 30 each =(60) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (60) SENIOR HIGH SCHOOLS Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 14 STRUCTURED LEARNING CENTER PROGRAM The Auburn School District operates nine structured learning center classrooms for students with moderate to severe disabilities. This program is housed at two high schools requiring eight standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 8 rooms @ 30 each =(240) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (240) SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities. The current high school program requires 14 classrooms to provide program to meet educational needs of the students. The SPI space guidelines provide for one of the 14 teaching stations. Loss of Permanent Capacity 13 rooms @ 30 each =(390) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (390) PERFORMING ARTS CENTERS Auburn High School includes 25,000 square feet used exclusively for a Performing Arts Center. The SPI Inventory includes this space when computing unhoused student capacity. This space was not intended for, nor is it usable for, classroom instruction. It was constructed to provide a community center for the performing arts. Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8.33 classrooms. Loss of Permanent Capacity 8.33 rooms @ 30 each =(250) ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that includes numerous elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. There are 185 teaching stations available in the senior high facilities. The utilization pattern results in a loss of approximately 10 teaching stations. Loss of Permanent Capacity 10 rooms @ 30 each =(300) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (300) Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 STANDARD OF SERVICE 15 STANDARD OF SERVICE COMPUTED TOTALS ELEMENTARY Loss of Permanent Capacity (1,768) Loss of Temporary Capacity 0 Total Capacity Loss (1,768) MIDDLE SCHOOL Loss of Permanent Capacity (720) Loss of Temporary Capacity 0 Total Capacity Loss (720) SENIOR HIGH Loss of Permanent Capacity (1,630) Loss of Temporary Capacity 0 Total Capacity Loss (1,630) TOTAL Loss of Permanent Capacity (4,118) Loss of Temporary Capacity 0 Total Capacity Loss (4,118) Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section IV Inventory of Facilities Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 INVENTORY OF FACILITIES 17 Table IV.1 shows the current inventory of permanent district facilities and their OSPI rated capacities. Table IV.2 shows the number and location of each portable unit by school. The district uses relocatable facilities to: 1. provide interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting, 2. make space available for changing program requirements and offerings determined by unique student needs, and 3. provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim, stop gap measures that often place undesirable stress on existing physical plants. Core facilities (i.e. gymnasiums, restrooms, kitchens, labs, lockers, libraries, etc.) are not of sufficient size or quantity to handle the increased school population served by adding relocatable classrooms. District School Facilities Building Capacity Acres Address Elementary Schools Washington Elementary 486 5.40 20 E Street Northeast, Auburn WA, 98002 Terminal Park Elementary 408 6.70 1101 D Street Southeast, Auburn WA, 98002 Dick Scobee Elementary 477 10.50 1031 14th Street Northeast, Auburn WA, 98002 Pioneer Elementary 441 8.30 2301 M Street Southeast, Auburn WA, 98002 Chinook Elementary 440 8.75 3502 Auburn Way South, Auburn WA, 98092 Lea Hill Elementary 450 10.00 30908 124th Avenue Southeast, Auburn WA, 98092 Gildo Rey Elementary 551 10.00 1005 37th Street Southeast, Auburn WA, 98002 Evergreen Heights Elem. 456 8.09 5602 South 316th, Auburn WA, 98001 Alpac Elementary 497 10.60 310 Milwaukee Boulevard North, Pacific WA, 98047 Lake View Elementary 559 16.40 16401 Southeast 318th Street, Auburn WA, 98092 Hazelwood Elementary 580 12.67 11815 Southeast 304th Street, Auburn WA, 98092 Ilalko Elementary 585 12.00 301 Oravetz Place Southeast, Auburn WA, 98092 Lakeland Hills Elementary 594 12.00 1020 Evergreen Way SE, Auburn WA, 98092 Arthur Jacobsen Elementary 614 10.00 29205 132nd Street SE, Auburn WA, 98092 ELEMENTARY CAPACITY 7,138 Middle Schools Cascade Middle School 829 17.30 1015 24th Street Northeast, Auburn WA, 98002 Olympic Middle School 921 17.40 1825 K Street Southeast, Auburn WA, 98002 Rainier Middle School 843 26.33 30620 116th Avenue Southeast, Auburn WA, 98092 Mt. Baker Middle School 837 30.88 620 37th Street Southeast, Auburn WA, 98002 MIDDLE SCHOOL CAPACITY 3,430 Senior High Schools West Auburn HS 233 5.10 401 West Main Street, Auburn WA, 98001 Auburn HS 2,100 20.50 711 East Main Street, Auburn WA, 98002 Auburn Riverside HS 1,387 33.00 501 Oravetz Road, Auburn WA, 98092 Auburn Mountainview HS 1,443 40.00 28900 124th Ave SE, Auburn WA, 98092 HIGH SCHOOL CAPACITY 5,164 TOTAL CAPACITY 15,732 Table Permanent Facilities IV.1 @ OSPI Rated Capacity (March 2018) Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 INVENTORY OF FACILITIES 19 TABLE TEMPORARY/RELOCATABLE IV.2 FACILITIES INVENTORY (June 2018) Elementary Location 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 2024-2025 Washington 6 6 6 6 7 8 8 Terminal Park 7 7 7 7 7 0 0 Dick Scobee 7 0 0 0 0 0 0 Pioneer 6 6 0 0 0 0 0 Chinook 6 6 6 0 0 0 0 Lea Hill 9 9 9 9 0 0 0 Gildo Rey 7 7 8 8 8 9 9 Evergreen Heights 4 4 6 6 6 6 6 Alpac 8 8 8 8 8 9 9 Lake View 2 2 3 3 3 3 3 Hazelwood 2 3 4 4 5 6 6 Ilalko 6 7 7 7 8 9 9 Lakeland Hills Elementary 7 7 7 8 8 8 8 Arthur Jacobsen Elementary 4 5 6 6 6 6 6 TOTAL UNITS 81 77 77 72 66 64 64 TOTAL CAPACITY 1,593 1,515 1,515 1,416 1,298 1,259 1,259 Middle School Location 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 2024-2025 Cascade 0 0 0 2 4 5 5 Olympic 0 0 0 0 0 0 0 Rainier 5 7 7 8 9 10 10 Mt. Baker 9 10 10 10 11 11 11 TOTAL UNITS 14 17 17 20 24 26 26 TOTAL CAPACITY 420 510 510 600 720 780 780 Sr. High School Location 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 2024-2025 West Auburn 0 0 0 0 0 0 0 Auburn High School 0 0 0 1 2 2 2 Auburn High School - *TAP 1 1 1 1 1 1 1 Auburn Riverside 13 13 13 13 13 13 13 Auburn Mountainview 4 5 5 6 7 7 7 TOTAL UNITS 18 19 19 21 23 23 23 TOTAL CAPACITY 540 570 570 630 690 690 690 *TAP - Transition Assistance Program for 18-21 year old students with special needs. COMBINED TOTAL UNITS 113 113 113 113 113 113 113 COMBINED TOTAL CAPACITY 2,553 2,595 2,595 2,646 2,708 2,729 2,729 Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section V Pupil Capacity Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 PUPIL CAPACITY 21 While the Auburn School District uses the SPI inventory of permanent facilities as the data from which to determine space needs, the District's educational program requires more space than that provided for under the formula. This additional square footage is converted to numbers of pupils in Section III, Standard of Service. The District's capacity is adjusted to reflect the need for additional space to house its programs. Changes in the capacity of the district recognize new funded facilities. The combined effect of these adjustments is shown on Line B in Tables V.1 and V.2 below. Table V.1 shows the Distict's capacity with relocatable units included and Table V.2 without these units. Table V.1 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-2025 A.SPI Capacity 15,732 15,732 15,732 16,382 17,032 17,032 17,032 A.1 SPI Capacity-New Elem 650 650 B.Capacity Adjustments (1,565)(1,523)(1,523)(1,472)(1,410)(1,389)(1,389) C.Net Capacity 14,167 14,209 14,859 15,560 15,622 15,643 15,643 D.ASD Enrollment 16,937 17,453 17,963 18,520 19,009 19,493 19,963 3/E.ASD Surplus/Deficit (2,770)(3,244)(3,104)(2,960)(3,387)(3,850)(4,320) CAPACITY ADJUSTMENTS Include Relocatable 2,553 2,595 2,595 2,646 2,708 2,729 2,729 2/Exclude SOS (pg 14)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118) Total Adjustments (1,565)(1,523)(1,523)(1,472)(1,410)(1,389)(1,389) Table V.2 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-2025 A.SPI Capacity 15,732 15,732 15,732 16,382 17,032 17,032 17,032 A.1 SPI Capacity-New Elem 650 650 B.Capacity Adjustments (4,118)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118) C.Net Capacity 11,614 11,614 12,264 12,914 12,914 12,914 12,914 D.ASD Enrollment 16,937 17,453 17,963 18,520 19,009 19,493 19,963 3/E.ASD Surplus/Deficit (5,323)(5,839)(5,699)(5,606)(6,095)(6,579)(7,049) CAPACITY ADJUSTMENTS 2/Exclude SOS (pg 14)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118) Total Adjustments (4,118)(4,118)(4,118)(4,118)(4,118)(4,118)(4,118) 1/New facilities shown in 2019-20 through 2023-24 are funded by the 2016 School Bond Issue. 2/The Standard of Service represents 26.18% of SPI capacity. When new facilities are added the Standard of Service computations are decreased to 24.18% of SPI capacity. 3/Students beyond the capacity are accommodated in other spaces (commons, library, theater, shared teaching space). Capacity WITH relocatables Capacity WITHOUT relocatables Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 PUPIL CAPACITY 22 A.Elementary Schools Building 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 Washington 486 486 486 486 486 486 486 Terminal Park 408 408 408 408 408 408 408 Dick Scobee 477 477 477 477 477 477 477 Pioneer 441 441 441 441 441 441 441 Chinook 440 440 440 440 440 440 440 Lea Hill 450 450 450 450 450 450 450 Gildo Rey 551 551 551 551 551 551 551 Evergreen Heights 456 456 456 456 456 456 456 Alpac 497 497 497 497 497 497 497 Lake View 559 559 559 559 559 559 559 Hazelwood 580 580 580 580 580 580 580 Ilalko 585 585 585 585 585 585 585 Lakeland Hills 594 594 594 594 594 594 594 Arthur Jacobsen 614 614 614 614 614 614 614 Elementary #15 650 650 650 650 650 Elementary #16 650 650 650 650 ELEMENTARY CAPACITY 7,138 7,138 7,788 8,438 8,438 8,438 8,438 B.Middle Schools Building 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 Cascade 829 829 829 829 829 829 829 Olympic 921 921 921 921 921 921 921 Rainier 843 843 843 843 843 843 843 Mt. Baker 837 837 837 837 837 837 837 MIDDLE SCHOOL CAPACITY 3,430 3,430 3,430 3,430 3,430 3,430 3,430 C.Senior High Schools Building 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 West Auburn 233 233 233 233 233 233 233 Auburn 2,101 2,101 2,101 2,101 2,101 2,101 2,101 Auburn Riverside 1,387 1,387 1,387 1,387 1,387 1,387 1,387 Auburn Mountainview 1,443 1,443 1,443 1,443 1,443 1,443 1,443 HIGH SCHOOL CAPACITY 5,164 5,164 5,164 5,164 5,164 5,164 5,164 COMBINED CAPACITY 15,732 15,732 16,382 17,032 17,032 17,032 17,032 PERMANENT FACILITIES @ SPI Rated Capacity (March 2018) Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section VI Capital Construction Plan Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 CAPITAL CONSTRUCTION PLAN 24 The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee. The result of this committee's work was published in the document titled 'Guidelines for Development.' In 1985 the Board formed a second Ad Hoc citizens committee to further the work of the first and address the needs of the District for subsequent years. The work of this committee was published in the document titled 'Directions for the Nineties.' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities. The committee recommendations are published in the document titled 'Education Into The Twenty-First Century - - A Community Involved.' The 1995 Ad Hoc committee recommended the District develop plans for the implementation, funding, and deployment of technology throughout the District's programs. The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications. The 1998 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department. In 2005 and 2014, replacement technology levies were approved to continue to support technology across all facets of the District’s teaching, learning and operations. In addition to the technology needs of the District, the Ad Hoc committee recognized the District must prepare for continued student enrollment growth. As stated in their report, "the District must pursue an appropriate high school site as soon as possible." The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of tax assessments. A proposition was approved by the voters on April 28, 1998 that provided $8,000,000 over six years to address some of the technology needs of the District; and $5,000,000 to provide funds to acquire school sites. During the 1997-98 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Dieringer School Boards to make recommendations on how best to serve the school population from an area that includes a large development known as Lakeland South. Lakeland South at that time was immediately adjacent to the southern boundary of the Auburn School District. On June 16, 1998, the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Dieringer Boards of Directors. On June 22, 1998, the Auburn School Board adopted Resolution No. 933 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 23, 1998, the Dieringer School Board adopted a companion Resolution No. 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Dieringer to Auburn containing most of the Lakeland South development and certain other undeveloped properties. Property for the third comprehensive high school was acquired in 1999. The Board placed the proposition to construction a new high school on the ballot four times. Each election was extremely close to passing. After the fourth failure a community meeting was held and from that meeting the Board determined need for further community study. In April of 2002, the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the Board in the Fall of 2002: a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This included the review of possible financing plans for new facilities. b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 CAPITAL CONSTRUCTION PLAN 25 This committee recommended the Board place the high school on the ballot for the fifth time in February 2003. The February election approved the new high school at 68.71% yes votes. The school opened in the fall of 2005. In the fall of 2003, the Board directed the administration to begin the planning and design for Elementary #13 and Elementary #14. In the fall of 2004, the Board passed Resolution No. 1054 to place two elementary schools on the ballot in February 2005. The voters approved the ballot measure in February of 2005 at 64.72%. Lakeland Hills Elementary (Elementary #13) opened in the fall of 2006. Arthur Jacobsen Elementary (Elementary #14) is located in the Lea Hill area and opened in the fall of 2007. These two elementary schools were built to accommodate the housing growth in Lakeland Hills and Lea Hill areas of the school district. In the 2004-05 school year, the Board convened a sixth Citizen’s Ad Hoc committee to again study and make recommendations about the future impacts in the District. One of the areas of study was the need for New Facilities and Modernization. The committee made a number of recommendations including school size, the need for a new middle school, and to begin a capital improvements program to modernize or replace facilities based upon criterion. During the 2005-06 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Kent School Boards to make recommendations on how best to serve the school population that will come from an area that includes a number of projected developments in the north Auburn valley. On May 17, 2006, the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Kent Boards of Directors. On June 14, 2006, the Kent School Board adopted Resolution No. 1225 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 26, 2006, the Auburn School Board adopted a companion Resolution No. 1073 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from the Kent School District to the Auburn School District effective September 29, 2006. In October of 2008, after two years of review and study, a Steering Committee made recommendations to the Board regarding the capital improvements program to modernize or replace facilities as recommended by the 2004-05 Citizen’s Ad Hoc Committee. These recommendations, based on specific criteria, led to the Board placing a school improvement bond and capital improvements levy on the ballot in March 2009. Voters did not approve either measure that would have updated 24 facilities and replaced three aging schools. The Board decided to place only a six- year Capital Levy on the ballot in November of 2009, which passed at 55.17%. The levy funded $46.4 million of needed improvement projects at 24 sites over the following seven school years. Planning for the replacement of aging schools was started with educational specifications and schematic design process for the replacement of Auburn High School. The District acquired a site for a future high school in 2008 and a second site for a future middle school in 2009. The District also continued efforts to acquire property around Auburn High School. The Special Education Transition Facility opened in February of 2010. This facility is designed for students with disabilities that are 18 to 21 years old. In the November 2012 election, the community supported the $110 million bond issue for the Auburn High School Modernization and Reconstruction Project at 62%. Construction began in February 2013. The entire new building was occupied by Auburn High School students and staff in the fall of 2015, with site improvements being completed during the 2015-16 school year. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 CAPITAL CONSTRUCTION PLAN 26 In January 2015, a citizen’s ad hoc committee was convened by direction of the Board to address growth and facilities. The major recommendations were to construct two new elementary schools in the next four years and to acquire 3 new elementary school sites as soon as possible. In the November 2016 election, the community supported the $456 million bond issue for the replacement of six schools and the construction of two new elementary schools at 62.83%. Construction for the replacement of Olympic Middle School began in May 2018. Within the six-year period, the District is projecting 3,710 additional students. This increase in student population along with anticipated class-size reductions, will require the construction of two new elementary schools and acquiring three new elementary school sites during the six-year window. In addition to new and replacement school construction, this District needs to address several major construction projects to accommodate enrollment growth and continued District use. These projects include replacement of or improvements to the roof at Auburn Memorial Stadium, boiler replacement at Auburn Mountainview High School, and energy management system replacement at Auburn Riverside High School that are funded by Capital Levy dollars. The table below illustrates the current capital construction plan for the next six years. The exact timelines are wholly dependent on the rate of growth in the school age population. 2018-24 Capital Construction Plan (May 2018) Projected Fund Project Timelines Project Funded Cost Source 18-19 19-20 20-21 21-22 22-23 23-24 24-25 All Facilities - Technology 2013 Yes $22,000,000 6 Year XX XX Modernization Cap. Levy 1/ Portables Yes $2,500,000 Impact Fees XX XX XX XX 1/ Property Purchase - 3 New Elementaries Yes $14,900,000 Bond Impact Fee XX XX XX XX XX XX Multiple Facility Improvements Yes $46,400,000 Capital Levy XX XX 1/ Elementary #15 Yes $48,500,000 Bond Impact Fee XX plan XX const XX open 1/ Elementary #16 Yes $48,500,000 Bond Impact Fee XX plan XX const XX open 1/ Replacement of five Elementary Schools Yes $242,500,000 Bond XX plan XX const XX const XX const XX const XX open 1/ Replacement of one Middle School Yes $78,000,000 Bond XX const XX open 1/ These funds may be secured through a combination of the 2016 Bond Issue, sale of real property, impact fees, and state matching funds. The District currently is eligible for state matching funds for new construction at the elementary school level and for modernization at the elementary and middle school levels. Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section VII Impact Fees Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 28 IMPACT FEE COMPUTATION (Spring 2018) Elementary #15 within 2 year period Elementary #16 within 3 year period I. SITE COST PER RESIDENCE Formula: ((Acres x Cost per Acre)/Facility Size) x Student Factor Site Cost/ Facility Student Generation Factor Cost/Cost/ Acreage Acre Capacity Single Family Multi Family Single Family Multi Family Elem (K - 5)12 $344,240 650 0.2340 0.2190 $1,487.12 $1,391.79 Middle Sch (6 - 8)25 $0 800 0.0970 0.1070 $0.00 $0.00 Sr High (9 - 12)40 $0 1500 0.1230 0.1060 $0.00 $0.00 $1,487.12 $1,391.79 II. PERMANENT FACILITY CONSTRUCTION COST PER RESIDENCE Formula: ((Facility Cost/Facility Size) x Student Factor) x (Permanent to Total Square Footage Percentage) Facility Facility % Perm Sq Ft/Student Generation Factor Cost/Cost/ Single Family Cost Size Total Sq Ft Single Family Multi Family Single Family Multi Family Elem (K - 5)$60,200,000 650 0.9422 0.2340 0.2190 $20,420.40 $19,111.40 Mid Sch (6 - 8)$0 800 0.9422 0.0970 0.1070 $0.00 $0.00 Sr High (9 - 12)$0 1500 0.9422 0.1230 0.1060 $0.00 $0.00 $20,420.40 $19,111.40 III. TEMPORARY FACILITY CONSTRUCTION COST PER RESIDENCE Formula: ((Facility Cost/Facility Size) x Student Factor) x (Temporary to Total Square Footage Ratio) Facility Facility % Temp Sq Ft/Student Generation Factor Cost/Cost/ Single Family Cost Size Total Sq Ft Single Family Multi Family Single Family Multi Family Elem (K - 5)$180,000 19.67 0.0578 0.2340 0.2190 $123.67 $115.74 Mid Sch (6 - 8)$180,000 30 0.0578 0.0970 0.1070 $33.61 $37.08 Sr High (9 - 12)$180,000 30 0.0578 0.1230 0.1060 $42.62 $36.73 $199.89 $189.55 IV. STATE MATCH CREDIT PER RESIDENCE Formula: (Boeckh Index x SPI Footage x District Match x Student Factor) Boeckh SPI State Cost/Cost/ Index Footage Match Single Family Multi Family Single Family Multi Family Elem (K - 5)$225.97 90 64.99%0.2340 0.2190 $3,092.83 $2,894.57 Mid Sch (6 - 8)$0.00 108 64.99%0.0970 0.1070 $0.00 $0.00 Sr High (9 - 12)$0.00 130 64.99%0.1230 0.1060 $0.00 $0.00 $3,092.83 $2,894.58 Student Generation Factor Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 29 V. TAX CREDIT PER RESIDENCE Formula: Expressed as the present value of an annuity TC = PV(interest rate,discount period,average assd value x tax rate) Ave Resid Curr Dbt Serv Bnd Byr Indx Number of Tax Credit Tax Credit Assd Value Tax Rate Ann Int Rate Years Single Family Multi Family Single Family $373,974 $2.41 3.27%10 $7,583.22 Multi Family $139,135 $2.41 3.27%10 $2,821.30 VI. DEVELOPER PROVIDED FACILITY CREDIT Formula: (Value of Site or Facility/Number of dwelling units) Value No. of Units Facility Credit Single Family $0.00 1 $0.00 Multi Family $0.00 1 $0.00 FEE PER UNIT IMPACT FEES RECAP Single Multi SUMMARY Family Family Site Costs $1,487.12 $1,391.79 Permanent Facility Const Costs $20,420.40 $19,111.40 Temporary Facility Costs $199.89 $189.55 State Match Credit ($3,092.83)($2,894.58) Tax Credit ($7,583.22)($2,821.30) FEE (No Discount)$11,431.36 $14,976.86 FEE (50% Discount)$5,715.68 $7,488.43 Less ASD Discount ($3,000.00) Facility Credit $0.00 $0.00 Net Fee Obligation $5,715.68 $4,488.43 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2018 through 2024 30 SINGLE FAMILY MULTI FAMILY IMPACT FEE ELEMENTS Elem Mid Sch Sr High Elem Mid Sch Sr High K - 5 6 - 8 9 - 12 K - 5 6 - 8 9 - 12 Student Factor Single Family - Auburn actual count April 2017 0.234 0.097 0.123 0.219 0.107 0.106 New Fac Capacity 650 800 1500 650 800 1500 New Facility Cost Elementary Cost Estimates April 2017 $60,200,000 $60,200,000 Temp Rm Capacity ASD District Standard of Service.19.67 30 30 19.67 30 30 Grades K - 5 @ 19.67 and 6 - 12 @ 30. Temp Facility Cost Relocatables, including site work, set up, and furnishing $180,000 $180,000 $180,000 $180,000 $180,000 $180,000 Site Acreage ASD District Standard or SPI Minimum 12 25 40 12 25 40 Site Cost/Acre See below $344,240 $344,240 $344,240 $344,240 $344,240 $344,240 Perm Sq Footage 14 Elementary, 4 Middle, and 4 High Schools 1,695,317 1,695,317 1,695,317 1,695,317 1,695,317 1,695,317 Temp Sq Footage 113 portables at 896 sq. ft. each + TAP 2661 103,909 103,909 103,909 103,909 103,909 103,909 Total Sq Footage Sum of Permanent and Temporary above 1,799,226 1,799,226 1,799,226 1,799,226 1,799,226 1,799,226 % - Perm Facilities Permanent Sq. Footage divided by Total Sq. Footage 94.22%94.22%94.22%94.22%94.22%94.22% % - Temp Facilities Temporary Sq. Footage divided by Total Sq. Footage 5.78%5.78%5.78%5.78%5.78%5.78% SPI Sq Ft/Student From SPI Regulations 90 108 130 90 108 130 Boeckh Index From SPI projection for July 2018 $225.97 $225.97 $225.97 $225.97 $225.97 $225.97 Match % - State From OSPI May 2018 64.99%64.99%64.99%64.99%64.99%64.99% Match % - District Computed 35.01%35.01%35.01%35.01%35.01%35.01% Dist Aver AV King County Department of Assessments March 2015 $292,035 $292,035 $292,035 $127,147 $127,147 $127,147 Debt Serv Tax Rate Current Fiscal Year $2.41 $2.41 $2.41 $2.41 $2.41 $2.41 G. O Bond Int Rate Current Rate - (Bond Buyer 20 Index March 2017)3.27%3.27%3.27%3.27%3.27%3.27% Site Cost Projections Recent Property Purchase Purchase Purchase Adjusted Projected Annual Sites Latest Date Projected Acquisitions Acreage Year Price Cost/Acre Present Day Inflation Factor Required of Acquisition Cost/Acre Lakeland 12.00 2002 $2,701,043 $225,087 $334,143 2.50%Elementary 2018 $344,240 Labrador 35.00 2008 $7,601,799 $217,194 $278,027 2.50%Elementary 2018 $344,240 Lakeland East 27.00 2009 $9,092,160 $336,747 $420,550 2.50%Elementary 2022 $379,977 Total 74.00 $19,395,002 $262,095 $344,240 Auburn School District No. 408 Capital Facilities Plan 2018 through 2024 Section VIII Appendix Appendix A.1 - Student Enrollment Projections Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A.3 - Student Generation Survey Appendix A.1 - Student Enrollment Projections 1 Auburn School District #408 Student Enrollment Projections October 2017 Introduction The projective techniques give some consideration to historical and current data as a basis for forecasting the future. In addition, the ‘projector’ must make certain assumptions about the operant variables within the data being used. These assumptions are “judgmental” by definition. Forecasting can be defined as the extrapolation or logical extension from history to the future, or from the known to the unknown. The attached tabular data reviews the history of student enrollment, sets out some quantitative assumptions, and provides projections based on these numerical factors. The projection logic does not attempt to weigh the individual sociological, psychological, economic, and political factors that are present in any demographic analysis and projection. The logic embraces the assumptions that whatever these individual factors have been in the past are present today, and will be in the future. It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively. The results provide a trend, which reflects a long (13-year) and a short (6-year) base from which to extrapolate. Two methods of estimating the number of kindergarten students have been used. The first uses the average increase or decrease over the past 13 and 6-year time frame and adds it to each succeeding year. The second derives what the average percentage Auburn kindergartners have been of live births in King County for the past 5 years and uses this to project the subsequent four years. The degree to which the actuals deviate from the projections can only be measured after the fact. This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections. Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques. Tables Table 1 – Thirteen Year History of October 1 Enrollments – page 3 The data shown in this table is the baseline information used to project future enrollment. This data shows the past record of enrollment in the district on October 1 of each year. Table 2 – Historical Factors Used in Projections - page 4 This table shows the three basic factors derived from the data in Table 1. These factors have been used in the subsequent projections. The three factors are: • Factor 1 – Average Pupil Change Between Grade Levels This factor is sometimes referred to as the “holding power” or “cohort survival.” It is a measure of the number of pupils gained or lost as they move from one grade level to the next. • Factor 2 – Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period. • Factor 3 – Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the five previous years. From this information has been extrapolated the kindergarten pupils expected for the next four years. 2 Table 3 – Projection Models – pages 5-13 This set of tables utilizes the above mentioned variables and generates several projections. The models are explained briefly below.  Table 3.13 (pg 5) – shows a projection based on the 13-year average gain in kindergarten (Factor 2) and the 13-year average change between grade levels (Factor 1). The data is shown for the district as a whole.  Table 3.6 (pg 5) – shows a projection using the same scheme as Table 3.13 except it shortens the historical data to only the most recent 6 years.  Table 3.13A and 3.6A (pg 6) – uses the same factors above except Factor 3 is substituted for Factor 2. The kindergarten rates are derived from the King County live births instead of the average gain.  Tables 3E.13, 3E.6, 3E.13A, 3E.6A (pg 7) – breaks out the K-5 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation.  Tables 3MS.13, 3MS.6, 3MS.13A, 3MS.6A (pg 8) – breaks out the 6-8 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation.  Tables 3SH.13, 3SH.6, 3SH.13A, 3SH.6A (pg 9) – breaks out the 9-12 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation.  Table 4 (pg 10) – Collects the four projection models by grade group for ease of comparison.  Table 5 (pgs 11-13) – shows how well each projection model performed when compared with actual enrollments. Data is provided in both number and percent formats for the past 13 years. Summary This year is the sixth consecutive year of an increase in enrollment after three consecutive years of declining enrollment. The increase of 580 students changes our historical average gain/loss in students. Over the past 6 years the average gain is now 2.37% annually, which equates to an average annual gain of 360 students. Using the cohort survival models, the data below is a summary of the range of variation between the four models. This data can be used for planning for future needs of the district. The models show changes in the next six years:  Elementary level show increases ranging from 833 to 1,168. (page 7)  Middle School level show increases ranging from 542 to 706. (page 8)  High School level show increases ranging from 855 to 1,094. (page 9) The models show these changes looking forward thirteen years:  Elementary level show increases ranging from 1,904 to 2,537. (page 7)  Middle School level show increases ranging from 1,110 to 1,444. (page 8)  High School level show increases ranging from 1,485 to 1,995. (page 9) This data does not factor new developments that are currently under construction or in the planning stages. AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 3 TABLE 1 Thirteen Year History of October 1 Enrollments Actual GRADE 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 GRADE KDG 955 941 996 998 1032 1010 1029 1098 1170 1232 1198 1237 1261 KDG 1 963 1012 995 1015 1033 1066 1068 1089 1188 1219 1279 1210 1276 1 2 963 1002 1019 1024 998 1016 1097 1083 1124 1196 1289 1300 1252 2 3 1002 1031 997 1048 993 1013 996 1111 1125 1136 1232 1317 1328 3 4 939 1049 1057 1044 1073 1024 1022 1038 1123 1156 1170 1237 1329 4 5 1065 998 1078 1069 1030 1079 1018 1070 1075 1122 1172 1199 1269 5 6 1004 1058 1007 1096 1040 1041 1063 1041 1076 1059 1116 1152 1207 6 7 1028 1014 1057 1034 1125 1060 1032 1086 1072 1091 1099 1132 1194 7 8 1137 1072 1033 1076 1031 1112 1046 1017 1116 1088 1136 1108 1183 8 9 1379 1372 1337 1256 1244 1221 1273 1200 1159 1275 1229 1261 1258 9 10 1383 1400 1368 1341 1277 1238 1170 1278 1229 1169 1316 1248 1300 10 11 1182 1322 1352 1350 1303 1258 1233 1164 1240 1211 1167 1318 1249 11 12 1088 1147 1263 1352 1410 1344 1316 1321 1274 1323 1260 1226 1419 12 TOTALS 14,088 14,418 14,559 14,703 14,589 14,482 14,363 14,596 14,971 15,277 15,663 15,945 16,525 Percent of Gain 2.34%0.98%0.99%(0.78)%(0.73)%(0.82)%1.62%2.57%2.04%2.53%1.80%3.64% Student Gain 330 141 144 (114)(107)(119)233 375 306 386 282 580 Average % Gain for 1st 6 years.0.33%Average % Gain for last 6 years 2.37% Average Student Gain for 1st 6 years.46 Average Student Gain for last 6 years 360 Average % Gain for 13 years.1.35% Average Student Gain for 13 years.203 TABLE 1A Grade Group Combinations 17-18 KDG 955 941 996 998 1032 1010 1029 1098 1170 1232 1198 1237 1261 K,1,2 2881 2955 3010 3037 3063 3092 3194 3270 3482 3647 3766 3747 3789 K - 5 5887 6033 6142 6198 6159 6208 6230 6489 6805 7061 7340 7500 7715 K - 6 6891 7091 7149 7294 7199 7249 7293 7530 7881 8120 8456 8652 8922 1 - 3 2928 3045 3011 3087 3024 3095 3161 3283 3437 3551 3800 3827 3856 1 - 5 4932 5092 5146 5200 5127 5198 5201 5391 5635 5829 6142 6263 6454 1 - 6 5936 6150 6153 6296 6167 6239 6264 6432 6711 6888 7258 7415 7661 6 - 8 3169 3144 3097 3206 3196 3213 3141 3144 3264 3238 3351 3392 3584 7 - 8 2165 2086 2090 2110 2156 2172 2078 2103 2188 2179 2235 2240 2377 7 - 9 3544 3458 3427 3366 3400 3393 3351 3303 3347 3454 3464 3501 3635 9 - 12 5032 5241 5320 5299 5234 5061 4992 4963 4902 4978 4972 5053 5226 10 - 12 3653 3869 3983 4043 3990 3840 3719 3763 3743 3703 3743 3792 3968 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 4 Factor Average Student Change Between Factor 1 Grade Levels 3 CALENDAR YEAR TOTAL LIVE BIRTHS 2/3 RD BIRTHS 1/3RD BIRTHS YEAR OF ENROLL ADJ LIVE BIRTHS KDG ENROLL 1979 16,524 11,016 5,508 1985-86 16,708 792 4.740% K to 1 46.17 K to 1 59.40 1980 16,800 11,200 5,600 1986-87 17,955 829 4.617% 1 to 2 21.92 1 to 2 38.20 1981 17,100 11,400 5,700 1987-88 18,241 769 4.216% 2 to 3 18.00 2 to 3 32.00 1982 18,811 12,541 6,270 1988-89 18,626 817 4.386% 3 to 4 26.75 3 to 4 27.20 1983 18,533 12,355 6,178 1989-90 18,827 871 4.626% 4 to 5 20.58 4 to 5 32.20 1984 18,974 12,649 6,325 1990-91 19,510 858 4.398% 5 to 6 (1.58)5 to 6 (1.00)1985 19,778 13,185 6,593 1991-92 19,893 909 4.569% 6 to 7 20.25 6 to 7 33.40 1986 19,951 13,301 6,650 1992-93 21,852 920 4.210% 7 to 8 15.67 7 to 8 27.20 1987 22,803 15,202 7,601 1993-94 21,624 930 4.301% 8 to 9 176.08 8 to 9 174.20 1988 21,034 14,023 7,011 1994-95 24,062 927 3.853% 9 to 10 10.67 9 to 10 28.60 1989 25,576 17,051 8,525 1995-96 26,358 954 3.619% 10 to 11 (20.83)10 to 11 (12.20)1990 26,749 17,833 8,916 1996-97 24,116 963 3.993% 11 to 12 46.25 11 to 12 98.00 1991 22,799 15,199 7,600 1997-98 20,973 978 4.663% total 379.92 total 537.20 1992 20,060 13,373 6,687 1998-99 21,573 854 3.959% 1993 22,330 14,887 7,443 1999-00 22,129 849 3.837% Factor Average Student Change By 1994 22,029 14,686 7,343 2000-01 24,013 912 3.798% 2 Grade Level 1995 25,005 16,670 8,335 2001-02 22,717 846 3.724% 1996 21,573 14,382 7,191 2002-03 21,622 905 4.186% 1997 21,646 14,431 7,215 2003-04 22,023 922 4.186% K 25.50 K 32.60 1998 22,212 14,808 7,404 2004-05 22,075 892 4.041% 1 26.08 1 37.40 1999 22,007 14,671 7,336 2005-06 22,327 955 4.277% 2 24.08 2 33.80 2000 22,487 14,991 7,496 2006-07 22,014 941 4.274% 3 27.17 3 43.40 2001 21,778 14,519 7,259 2007-08 21,835 996 4.562% 4 32.50 4 58.20 2002 21,863 14,575 7,288 2008-09 22,242 998 4.487% 5 17.00 5 39.80 2003 22,431 14,954 7,477 2009-10 22,726 1032 4.541% 6 16.92 6 33.20 2004 22,874 15,249 7,625 2010-11 22,745 1010 4.441% 7 13.83 7 21.60 2005 22,680 15,120 7,560 2011-12 23,723 1029 4.338% 8 3.83 8 33.20 2006 24,244 16,163 8,081 2012-13 24,683 1098 4.448% 9 (10.08)9 11.60 2007 24,902 16,601 8,301 2013-14 25,094 1162 4.631%Last 5 10 (6.92)10 4.40 2008 25,190 16,793 8,397 2014-15 25,101 1232 4.908%year 11 5.58 11 17.00 2009 25,057 16,705 8,352 2015-16 24,695 1198 4.851%Average 12 27.58 12 19.60 2010 24,514 16,343 8,171 2016-17 24,591 1237 5.030%4.897% 2011 24,630 16,420 8,210 2017-18 24,898 1261 Actual 5.065% 2012 25,032 16,688 8,344 2018-19 24,951 1222 <--Prjctd 2013 24,910 16,607 8,303 2019-20 25,202 1234 <--Prjctd 2014 25,348 16,899 8,449 2020-21 25,441 1246 <--Prjctd 2015 25,487 16,991 8,496 2021-22 25,836 1265 <--Prjctd 2016 26,011 17,341 8,670 2022-23 *number from DOH Source: Center for Health Statistics, Washington State Department of Health Factor 2 is the average change in grade level size. 13 YEAR BASE 6 YEAR BASE TABLE 2 Factors Used in Projections 13 YEAR BASE 6 YEAR BASE Factor 1 is the average gain or loss of students as they move from one grade level to the next. Factor 1 uses the past 12 or 6 years of changes. AUBURN SCHOOL DISTRICT KINDERGARTEN ENROLLMENTS AS A FUNCTION OF KING COUNTY BIRTH RATES AUBURN KINDERGARTEN ENROLLMENT AS A % OF ADJUSTED LIVE BIRTHS AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 5 TABLE DISTRICT PROJECTIONS 3.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1287 1312 1338 1363 1389 1414 1440 1465 1491 1516 1542 1567 1593 1 1276 1307 1333 1358 1384 1409 1435 1460 1486 1511 1537 1562 1588 1613 2 1252 1298 1329 1355 1380 1406 1431 1457 1482 1508 1533 1559 1584 1610 3 1328 1270 1316 1347 1373 1398 1424 1449 1475 1500 1526 1551 1577 1602 4 1329 1355 1297 1343 1374 1399 1425 1450 1476 1501 1527 1552 1578 1603 5 1269 1350 1375 1317 1363 1394 1420 1445 1471 1496 1522 1547 1573 1598 6 1207 1267 1348 1374 1316 1362 1393 1418 1444 1469 1495 1520 1546 1571 7 1194 1227 1288 1368 1394 1336 1382 1413 1439 1464 1490 1515 1541 1566 8 1183 1210 1243 1303 1384 1410 1352 1398 1429 1454 1480 1505 1531 1556 9 1258 1359 1386 1419 1479 1560 1586 1528 1574 1605 1630 1656 1681 1707 10 1300 1269 1370 1396 1430 1490 1571 1596 1538 1584 1616 1641 1667 1692 11 1249 1279 1248 1349 1376 1409 1469 1550 1576 1518 1564 1595 1620 1646 12 1419 1295 1325 1294 1395 1422 1455 1516 1596 1622 1564 1610 1641 1666 TOTALS 16,525 16,772 17,169 17,561 18,010 18,383 18,755 19,120 19,449 19,723 19,997 20,355 20,692 21,024 Percent of Gain 1.50%2.36%2.28%2.56%2.07%2.02%1.94%1.72%1.41%1.39%1.79%1.66%1.60% Student Gain 247 397 392 449 373 372 364 329 274 274 358 337 332 TABLE DISTRICT PROJECTIONS 3.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1294 1326 1359 1391 1424 1457 1489 1522 1554 1587 1620 1652 1685 1 1276 1320 1353 1386 1418 1451 1483 1516 1549 1581 1614 1646 1679 1712 2 1252 1314 1359 1391 1424 1456 1489 1522 1554 1587 1619 1652 1685 1717 3 1328 1284 1346 1391 1423 1456 1488 1521 1554 1586 1619 1651 1684 1717 4 1329 1355 1311 1373 1418 1450 1483 1516 1548 1581 1613 1646 1679 1711 5 1269 1361 1387 1343 1406 1450 1483 1515 1548 1580 1613 1646 1678 1711 6 1207 1268 1360 1386 1342 1405 1449 1482 1514 1547 1579 1612 1645 1677 7 1194 1240 1301 1394 1420 1376 1438 1482 1515 1548 1580 1613 1645 1678 8 1183 1221 1268 1329 1421 1447 1403 1465 1510 1542 1575 1607 1640 1673 9 1258 1357 1395 1442 1503 1595 1621 1577 1639 1684 1716 1749 1782 1814 10 1300 1287 1386 1424 1470 1531 1624 1650 1606 1668 1712 1745 1778 1810 11 1249 1288 1274 1374 1412 1458 1519 1611 1638 1594 1656 1700 1733 1765 12 1419 1347 1386 1372 1472 1510 1556 1617 1709 1736 1692 1754 1798 1831 TOTALS 16,525 16,937 17,453 17,963 18,520 19,009 19,493 19,963 20,405 20,787 21,176 21,641 22,077 22,501 Percent of Gain 2.49%3.05%2.92%3.10%2.64%2.55%2.41%2.21%1.87%1.87%2.20%2.01%1.92% Student Gain 412 516 510 556 490 484 470 442 382 389 465 436 424 GRADE GRADE AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 6 TABLE DISTRICT PROJECTIONS 3.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 K 1261 1222 1234 1246 1265 1 1276 1307 1268 1280 1292 1311 2 1252 1298 1329 1290 1302 1314 1333 3 1328 1270 1316 1347 1308 1320 1332 1351 4 1329 1355 1297 1343 1374 1335 1347 1359 1378 5 1269 1350 1375 1317 1363 1394 1355 1368 1379 1399 6 1207 1267 1348 1374 1316 1362 1393 1354 1366 1378 1397 7 1194 1227 1288 1368 1394 1336 1382 1413 1374 1386 1398 1417 8 1183 1210 1243 1303 1384 1410 1352 1398 1429 1390 1402 1414 1433 9 1258 1359 1386 1419 1479 1560 1586 1528 1574 1605 1566 1578 1590 1609 10 1300 1269 1370 1396 1430 1490 1571 1596 1538 1584 1616 1576 1589 1600 11 1249 1279 1248 1349 1376 1409 1469 1550 1576 1518 1564 1595 1555 1568 12 1419 1295 1325 1294 1395 1422 1455 1516 1596 1622 1564 1610 1641 1602 TOTALS 16,525 16,708 17,027 17,327 17,678 Percent of Gain 1.11%1.91%1.76%2.03% Student Gain 183 319 300 351 TABLE DISTRICT PROJECTIONS 3.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1222 1234 1246 1265 1 1276 1320 1281 1294 1305 1325 2 1252 1314 1359 1319 1332 1343 1363 3 1328 1284 1346 1391 1351 1364 1375 1395 4 1329 1355 1311 1373 1418 1379 1391 1403 1422 5 1269 1361 1387 1343 1406 1450 1411 1423 1435 1454 6 1207 1268 1360 1386 1342 1405 1449 1410 1422 1434 1453 7 1194 1240 1301 1394 1420 1376 1438 1482 1443 1456 1467 1487 8 1183 1221 1268 1329 1421 1447 1403 1465 1510 1470 1483 1494 1514 9 1258 1357 1395 1442 1503 1595 1621 1577 1639 1684 1645 1657 1669 1688 10 1300 1287 1386 1424 1470 1531 1624 1650 1606 1668 1712 1673 1686 1697 11 1249 1288 1274 1374 1412 1458 1519 1611 1638 1594 1656 1700 1661 1673 12 1419 1347 1386 1372 1472 1510 1556 1617 1709 1736 1692 1754 1798 1759 TOTALS 16,525 16,865 17,289 17,687 18,117 Percent of Gain 2.06%2.52%2.30%2.43% Student Gain 340 424 397 430 GRADE GRADE AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 7 TABLE 3E.13 K-5 PROJECTIONS - Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1287 1312 1338 1363 1389 1414 1440 1465 1491 1516 1542 1567 1593 1 1276 1307 1333 1358 1384 1409 1435 1460 1486 1511 1537 1562 1588 1613 2 1252 1298 1329 1355 1380 1406 1431 1457 1482 1508 1533 1559 1584 1610 3 1328 1270 1316 1347 1373 1398 1424 1449 1475 1500 1526 1551 1577 1602 4 1329 1355 1297 1343 1374 1399 1425 1450 1476 1501 1527 1552 1578 1603 5 1269 1350 1375 1317 1363 1394 1420 1445 1471 1496 1522 1547 1573 1598 6 year 13 year K - 5 TOT 7715 7866 7962 8057 8236 8395 8548 8701 8854 9007 9160 9313 9466 9619 833 1904 Percent of Gain 1.96%1.22%1.20%2.22%1.93%1.82%1.79%1.76%1.73%1.70%1.67%1.64%1.62% Student Gain 151 96 96 179 159 153 153 153 153 153 153 153 153 TABLE 3E.6 K-5 PROJECTIONS - Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1294 1326 1359 1391 1424 1457 1489 1522 1554 1587 1620 1652 1685 1 1276 1320 1353 1386 1418 1451 1483 1516 1549 1581 1614 1646 1679 1712 2 1252 1314 1359 1391 1424 1456 1489 1522 1554 1587 1619 1652 1685 1717 3 1328 1284 1346 1391 1423 1456 1488 1521 1554 1586 1619 1651 1684 1717 4 1329 1355 1311 1373 1418 1450 1483 1516 1548 1581 1613 1646 1679 1711 5 1269 1361 1387 1343 1406 1450 1483 1515 1548 1580 1613 1646 1678 1711 6 year 13 year K - 5 TOT 7715 7929 8083 8243 8480 8687 8883 9079 9274 9470 9665 9861 10057 10252 1168 2537 Percent of Gain 2.77%1.94%1.98%2.88%2.45%2.25%2.20%2.15%2.11%2.07%2.02%1.98%1.94% Student Gain 214 154 160 237 207 196 196 196 196 196 196 196 196 TABLE 3E.13A K-5 PROJECTIONS - Based on Birth Rates and 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 K 1261 1222 1234 1246 1265 1 1276 1307 1268 1280 1292 1311 2 1252 1298 1329 1290 1302 1314 1333 3 1328 1270 1316 1347 1308 1320 1332 1351 4 1329 1355 1297 1343 1374 1335 1347 1359 1378 5 1269 1350 1375 1317 1363 1394 1355 1368 1379 1399 4 year K - 5 TOT 7715 7801 7819 7823 7904 189 Percent of Gain 1.12%0.23%0.05%1.04% Student Gain 86 18 4 81 TABLE 3E.6A K-5 PROJECTIONS - Based on Birth Rates and 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 KDG 1261 1222 1234 1246 1265 1 1276 1320 1281 1294 1305 1325 2 1252 1314 1359 1319 1332 1343 1363 3 1328 1284 1346 1391 1351 1364 1375 1395 4 1329 1355 1311 1373 1418 1379 1391 1403 1422 5 1269 1361 1387 1343 1406 1450 1411 1423 1435 1454 4 year K - 5 TOT 7715 7857 7919 7966 8077 362 Percent of Gain 1.84%0.79%0.60%1.39% Student Gain 142 62 47 111 GRADE GRADE GRADE GRADE AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 8 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 1207 1267 1348 1374 1316 1362 1393 1418 1444 1469 1495 1520 1546 1571 7 1194 1227 1288 1368 1394 1336 1382 1413 1439 1464 1490 1515 1541 1566 8 1183 1210 1243 1303 1384 1410 1352 1398 1429 1454 1480 1505 1531 1556 6 year 13 year 6 - 8 TOT 3584 3704 3879 4045 4094 4107 4126 4229 4311 4388 4464 4541 4617 4694 542 1110 Percent of Gain 3.36%4.70%4.30%1.19%0.33%0.46%2.49%1.94%1.77%1.74%1.71%1.68%1.66% Student Gain 120 174 167 48 14 19 103 82 77 77 77 77 77 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 1207 1268 1360 1386 1342 1405 1449 1482 1514 1547 1579 1612 1645 1677 7 1194 1240 1301 1394 1420 1376 1438 1482 1515 1548 1580 1613 1645 1678 8 1183 1221 1268 1329 1421 1447 1403 1465 1510 1542 1575 1607 1640 1673 6 year 13 year 6 - 8 TOT 3584 3730 3929 4109 4183 4227 4290 4429 4539 4637 4734 4832 4930 5028 706 1444 Percent of Gain 4.06%5.35%4.57%1.81%1.06%1.48%3.24%2.47%2.15%2.11%2.07%2.02%1.98% Student Gain 146 200 179 74 44 63 139 110 98 98 98 98 98 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 1207 1267 1348 1374 1316 1362 1393 1354 1366 1378 1397 7 1194 1227 1288 1368 1394 1336 1382 1413 1374 1386 1398 1417 8 1183 1210 1243 1303 1384 1410 1352 1398 1429 1390 1402 1414 1433 6 year 10 year 6 - 8 TOT 3584 3704 3879 4045 4094 4107 4126 4164 4169 4153 4197 542 613 Percent of Gain 3.36%4.70%4.30%1.19%0.33%0.46%0.92%0.10%(0.36)%1.04% Student Gain 120 174 167 48 14 19 38 4 (15)43 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 1207 1268 1360 1386 1342 1405 1449 1410 1422 1434 1453 7 1194 1240 1301 1394 1420 1376 1438 1482 1443 1456 1467 1487 8 1183 1221 1268 1329 1421 1447 1403 1465 1510 1470 1483 1494 1514 6 year 10 year 6 - 8 TOT 3584 3730 3929 4109 4183 4227 4290 4357 4375 4360 4403 706 819 Percent of Gain 4.06%5.35%4.57%1.81%1.06%1.48%1.57%0.40%(0.35)%0.99% Student Gain 146 200 179 74 44 63 67 18 (15)43 GRADE GRADE GRADE GRADE AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 9 TABLE HIGH SCHOOL PROJECTIONS 3HS.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 9 1258 1359 1386 1419 1479 1560 1586 1528 1574 1605 1630 1656 1681 1707 10 1300 1269 1370 1396 1430 1490 1571 1596 1538 1584 1616 1641 1667 1692 11 1249 1279 1248 1349 1376 1409 1469 1550 1576 1518 1564 1595 1620 1646 12 1419 1295 1325 1294 1395 1422 1455 1516 1596 1622 1564 1610 1641 1666 6 year 13 year 9-12 TOT 5226 5202 5329 5458 5680 5881 6081 6190 6284 6329 6373 6501 6609 6711 855 1485 Percent of Gain (0.46)%2.43%2.43%4.06%3.54%3.40%1.79%1.52%0.71%0.70%2.01%1.66%1.54% Student Gain (24)127 130 221 201 200 109 94 45 45 128 108 102 TABLE HIGH SCHOOL PROJECTIONS 3HS.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 9 1258 1357 1395 1442 1503 1595 1621 1577 1639 1684 1716 1749 1782 1814 10 1300 1287 1386 1424 1470 1531 1624 1650 1606 1668 1712 1745 1778 1810 11 1249 1288 1274 1374 1412 1458 1519 1611 1638 1594 1656 1700 1733 1765 12 1419 1347 1386 1372 1472 1510 1556 1617 1709 1736 1692 1754 1798 1831 6 year 13 year 9-12 TOT 5226 5279 5441 5612 5857 6094 6320 6456 6592 6681 6776 6948 7090 7221 1094 1995 Percent of Gain 1.01%3.08%3.13%4.36%4.06%3.71%2.14%2.12%1.35%1.42%2.54%2.05%1.84% Student Gain 53 163 170 245 238 226 135 137 89 95 172 142 130 TABLE HIGH SCHOOL PROJECTIONS 3HS.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 9 1258 1359 1386 1419 1479 1560 1586 1528 1574 1605 1566 1578 1590 1609 10 1300 1269 1370 1396 1430 1490 1571 1596 1538 1584 1616 1576 1589 1600 11 1249 1279 1248 1349 1376 1409 1469 1550 1576 1518 1564 1595 1555 1568 12 1419 1295 1325 1294 1395 1422 1455 1516 1596 1622 1564 1610 1641 1602 6 year 13 year 9-12 TOT 5226 5202 5329 5458 5680 5881 6081 6190 6284 6329 6308 6359 6375 6379 855 1153 Percent of Gain (0.46)%2.43%2.43%4.06%3.54%3.40%1.79%1.52%0.71%(0.32)%0.80%0.25%0.07% Student Gain (24)127 130 221 201 200 109 94 45 (20)50 16 4 TABLE SR. HIGH PROJECTIONS 3SH.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 9 1258 1357 1395 1442 1503 1595 1621 1577 1639 1684 1645 1657 1669 1688 10 1300 1287 1386 1424 1470 1531 1624 1650 1606 1668 1712 1673 1686 1697 11 1249 1288 1274 1374 1412 1458 1519 1611 1638 1594 1656 1700 1661 1673 12 1419 1347 1386 1372 1472 1510 1556 1617 1709 1736 1692 1754 1798 1759 6 year 13 year 9-12 TOT 5226 5279 5441 5612 5857 6094 6320 6456 6592 6681 6704 6784 6813 6818 1094 1592 Percent of Gain 1.01%3.08%3.13%4.36%4.06%3.71%2.14%2.12%1.35%0.35%1.19%0.43%0.06% Student Gain 53 163 170 245 238 226 135 137 89 23 80 29 4 GRADE GRADE GRADE GRADE AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 10 TABLE PROJECTION COMPARISONS 4 BY GRADE GROUP ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 year 13 year E.13 1261 1287 1312 1338 1363 1389 1414 1440 1465 1491 1516 1542 1567 1593 153 332 E.6 1261 1294 1326 1359 1391 1424 1457 1489 1522 1554 1587 1620 1652 1685 196 424 E.13A 1261 1222 1234 1246 1265 E.6A 1261 1222 1234 1246 1265 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 year 13 year E.13 6454 6579 6650 6720 6873 7007 7134 7262 7389 7517 7644 7772 7899 8027 680 1573 E.6 6454 6635 6756 6884 7089 7263 7426 7589 7752 7915 8078 8241 8404 8567 972 2113 E.13A 6454 6579 6585 6577 6639 E.6A 6454 6635 6685 6720 6812 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 year 13 year MS.13 3584 3704 3879 4045 4094 4107 4126 4229 4311 4388 4464 4541 4617 4694 542 1110 MS.6 3584 3730 3929 4109 4183 4227 4290 4429 4539 4637 4734 4832 4930 5028 706 1444 MS.13A 3584 3704 3879 4045 4094 4107 4126 4164 4169 4153 4197 542 MS.6A 3584 3730 3929 4109 4183 4227 4290 4357 4375 4360 4403 706 GRADES ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 9-12 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 year 13 year HS.13 5226 5202 5329 5458 5680 5881 6081 6190 6284 6329 6373 6501 6609 6711 855 1485 HS.6 5226 5279 5441 5612 5857 6094 6320 6456 6592 6681 6776 6948 7090 7221 1094 1995 HS.13A 5226 5202 5329 5458 5680 5881 6081 6190 6284 6329 6308 6359 6375 6379 855 1153 HS.6A 5226 5279 5441 5612 5857 6094 6320 6456 6592 6681 6704 6784 6813 6818 1094 1592 DISTRICT TOTALS ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 6 year 13 year 3.13 16,525 16,772 17,169 17,561 18,010 18,383 18,755 19,120 19,449 19,723 19,997 20,355 20,692 21,024 2230 4499 3.6 16,525 16,937 17,453 17,963 18,520 19,009 19,493 19,963 20,405 20,787 21,176 21,641 22,077 22,501 2968 5976 3.13A 16,525 16,708 17,027 17,327 17,678 3.6A 16,525 16,865 17,289 17,687 18,117 K-12 KNDG GRADES 1-5 GRADES 6-8 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 11 TABLE 5 Total =October 1 Actual Count AND Projected Counts Prj 3.13 -13 YEAR HISTORY & Using Average Kdg Increase Diff =Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % =Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2003-04 2004-05 2005-06 2006-07 2007-08 K - 5 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 5774 xxx xxx 5735 xxx xxx 5887 xxx xxx 6033 xxx xxx 6159 xxx xxx Prj 3E.13 5655 (119)(2.06)%5761 26 0.45%5750 (137)(2.33)%5871 (162)(2.69)%6085 (74)(1.20)% Prj 3E.6 5662 (112)(1.94)%5821 86 1.50%5795 (92)(1.56)%5921 (112)(1.86)%6138 (21)(0.34)% Prj 3E.13A 5605 (169)(2.93)%5709 (26)(0.45)%5750 (137)(2.33)%5869 (164)(2.72)%6059 (100)(1.62)% Prj 3E.6A 5631 (143)(2.48)%5756 21 0.37%5784 (103)(1.75)%5912 (121)(2.01)%6094 (65)(1.06)% Grades 2003-04 2004-05 2005-06 2006-07 2007-08 6 - 8 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 3169 xxx xxx 3144 xxx xxx 3097 xxx xxx 3206 xxx xxx 3196 xxx xxx Prj 3MS.13 3185 (80)0.50%3214 70 2.23%3295 198 6.39%3131 (75)(2.34)%3107 (89)(2.78)% Prj 3MS.6 3192 (75)0.73%3216 72 2.29%3311 214 6.91%3146 (60)(1.87)%3116 (80)(2.50)% Prj 3MS.13A 3185 (80)0.50%3214 70 2.23%3295 198 6.39%3131 (75)(2.34)%3107 (89)(2.78)% Prj 3MS.6A 3192 (75)0.73%3216 72 2.29%3311 214 6.91%3146 (60)(1.87)%3116 (80)(2.50)% Grades 2003-04 2004-05 2005-06 2006-07 2007-08 9 - 12 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 5032 xxx xxx 5241 xxx xxx 5320 xxx xxx 5299 xxx xxx 5234 xxx xxx Prj 3SH.13 4577 (455)(9.04)%4630 (611)(11.66)%4783 (537)(10.09)%5085 (214)(4.04)%5190 (44)(0.84)% Prj 3SH.6 4594 (438)(8.70)%4639 (602)(11.49)%4769 (551)(10.36)%5086 (213)(4.02)%5192 (42)(0.80)% Prj 3SH.13A 4577 (455)(9.04)%4630 (611)(11.66)%4783 (537)(10.09)%5085 (214)(4.04)%5190 (44)(0.84)% Prj 3SH.6A 4594 (438)(8.70)%4639 (602)(11.49)%4769 (551)(10.36)%5086 (213)(4.02)%5192 (42)(0.80)% All 2003-04 2004-05 2005-06 2006-07 2007-08 Grades Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 13,975 xxx xxx 14,120 xxx xxx 14,304 xxx xxx 14,538 xxx xxx 14,589 xxx xxx Prj 3.13 13,417 (558)(3.99)%13,605 (515)(3.65)%13,828 (476)(3.33)%14,087 (451)(3.10)%14,382 (207)(1.42)% Prj 3.6 13,448 (527)(3.77)%13,676 (444)(3.14)%13,875 (429)(3.00)%14,153 (385)(2.65)%14,446 (143)(0.98)% Prj 3.13A 13,367 (608)(4.35)%13,553 (567)(4.02)%13,828 (476)(3.33)%14,085 (453)(3.12)%14,356 (233)(1.60)% Prj 3.6A 13,417 (558)(3.99)%13,611 (509)(3.60)%13,864 (440)(3.08)%14,144 (394)(2.71)%14,402 (187)(1.28)% PROJECTION COMPARISONS BY GRADE GROUP AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 12 TABLE 5 Total =October 1 Actual Count AND Projected Counts Prj 3.13 -13 YEAR HISTORY & Using Average Kdg Increase Diff =Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % =Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2008-09 2009-10 2010-11 2011-12 2012-13 K - 5 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 6208 xxx xxx 6230 xxx xxx 6489 xxx xxx 6805 xxx xxx 7061 xxx xxx Prj 3E.13 6179 (29)(0.47)%6254 24 0.39%6282 (207)(3.19)%6275 (530)(7.79)%6372 (689)(9.76)% Prj 3E.6 6237 29 0.47%6294 64 1.03%6323 (166)(2.56)%6267 (538)(7.91)%6368 (693)(9.81)% Prj 3E.13A 6129 (79)(1.27)%6237 7 0.11%6252 (237)(3.65)%6266 (539)(7.92)%6346 (715)(10.13)% Prj 3E.6A 6172 (36)(0.58)%6264 34 0.55%6269 (220)(3.39)%6260 (545)(8.01)%6339 (722)(10.23)% Grades 2008-09 2009-10 2010-11 2011-12 2012-13 6 - 8 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 3213 xxx xxx 3141 xxx xxx 3144 xxx xxx 3264 xxx xxx 3238 xxx xxx Prj 3MS.13 3179 (34)(1.06)%3242 101 3.22%3234 90 2.86%3221 (43)(1.32)%3143 (95)(2.93)% Prj 3MS.6 3195 (18)(0.56)%3243 102 3.25%3236 92 2.93%3211 (53)(1.62)%3132 (106)(3.27)% Prj 3MS.13A 3179 (34)(1.06)%3242 101 3.22%3234 90 2.86%3221 (43)(1.32)%3143 (95)(2.93)% Prj 3MS.6A 3195 (18)(0.56)%3243 102 3.25%3236 92 2.93%3211 (53)(1.62)%3132 (106)(3.27)% Grades 2008-09 2009-10 2010-11 2011-12 2012-13 9 - 12 Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 5061 xxx xxx 4992 xxx xxx 4963 xxx xxx 4902 xxx xxx 4978 xxx xxx Prj 3SH.13 5129 68 1.34%5074 82 1.64%4921 (42)(0.85)%4901 (1)(0.02)%4813 (165)(3.31)% Prj 3SH.6 5155 94 1.86%5128 136 2.72%5027 64 1.29%5017 115 2.35%4906 (72)(1.45)% Prj 3SH.13A 5129 68 1.34%5074 82 1.64%4921 (42)(0.85)%4901 (1)(0.02)%4813 (165)(3.31)% Prj 3SH.6A 5155 94 1.86%5129 137 2.74%5027 64 1.29%5017 115 2.35%4906 (72)(1.45)% All 2008-09 2009-10 2010-11 2011-12 2012-13 Grades Total Diff %Total Diff %Total Diff %Total Diff %Total Diff % ACTUAL 14,482 xxx xxx 13,672 xxx xxx 14,596 xxx xxx 14,971 xxx xxx 15,277 xxx xxx Prj 3.13 13,499 (173)(6.79)%14,570 898 6.57%14,437 (159)(1.09)%14,397 (574)(3.83)%14,328 (949)(6.21)% Prj 3.6 13,542 (130)(6.49)%14,665 993 7.26%14,586 (10)(0.07)%14,495 (476)(3.18)%14,406 (871)(5.70)% Prj 3.13A 13,447 (225)(7.15)%14,553 881 6.44%14,407 (189)(1.29)%14,388 (583)(3.89)%14,302 (975)(6.38)% Prj 3.6A 13,510 (162)(6.71)%14,636 964 7.05%14,532 (64)(0.44)%14,488 (483)(3.23)%14,377 (900)(5.89)% BY GRADE GROUP (Continued) PROJECTION COMPARISONS AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2017 prj17-18 Page 13 TABLE 5 Total =October 1 Actual Count AND Projected Counts Prj 3.13 -13 YEAR HISTORY & Using Average Kdg Increase Diff =Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % =Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2013-14 2014-15 2015-16 Average Average Historical Data is grouped by K - 5 Total Diff %Total Diff %Total Diff %Diff %K - 5, 6-8, 9-12 articulation ACTUAL 7340 xxx xxx 7500 xxx xxx 7715 xxx xxx xxx xxx pattern. Prj 3E.13 6659 (681)(9.28)%7052 (448)(5.97)%7329 (386)-5.00%(255)(3.76)% Prj 3E.6 6632 (708)(9.65)%7046 (454)(6.05)%7317 (398)-5.16%(232)(3.37)%Articulation pattern has no Prj 3E.13A 6643 (697)(9.50)%6979 (521)(6.95)%7194 (521)-6.75%(292)(4.32)%numeric impact on efficacy Prj 3E.6A 6611 (729)(9.93)%6966 (534)(7.12)%7169 (546)-7.08%(278)(4.05)%of projection models. Grades 2013-14 2014-15 2015-16 Average Average 6 - 8 Total Diff %Total Diff %Total Diff %Diff % ACTUAL 3351 xxx xxx 3392 xxx xxx 3584 xxx xxx xxx xxx Prj 3MS.13 3230 (121)(3.61)%3256 (136)(4.01)%3307 (277)-7.73%(38)(0.81)% Prj 3MS.6 3213 (138)(4.12)%3246 (146)(4.30)%3287 (297)-8.29%(38)(0.80)% Prj 3MS.13A 3230 (121)(3.61)%3256 (136)(4.01)%3307 (277)-7.73%(38)(0.81)% Prj 3MS.6A 3213 (138)(4.12)%3246 (146)(4.30)%3287 (297)-8.29%(38)(0.80)% Grades 2013-14 2014-15 2015-16 Average Average 9 - 12 Total Diff %Total Diff %Total Diff %Diff % ACTUAL 4972 xxx xxx 5053 xxx xxx 5226 xxx xxx xxx xxx Prj 3SH.13 4773 (199)(4.00)%4874 (179)(3.54)%4896 (330)-6.31%(202)(3.90)% Prj 3SH.6 4856 (116)(2.33)%4956 (97)(1.92)%4959 (267)-5.11%(153)(2.92)% Prj 3SH.13A 4773 (199)(4.00)%4874 (179)(3.54)%4896 (330)-6.31%(202)(3.90)% Prj 3SH.6A 4856 (116)(2.33)%4956 (97)(1.92)%4959 (267)-5.11%(153)(2.92)% All 2013-14 2014-15 2015-16 Average Average Grades Total Diff %Total Diff %Total Diff %Diff % ACTUAL 15,663 xxx xxx 15,945 xxx xxx 16525 xxx xxx xxx xxx Prj 3.13 14,662 (1,001)(6.39)%15,182 (763)(4.79)%15531 (994)-6.02%(456)(3.39)% Prj 3.6 14,701 (962)(6.14)%15,248 (697)(4.37)%15563 (962)-5.82%(388)(2.93)% Prj 3.13A 14,646 (1,017)(6.49)%15,109 (836)(5.24)%15396 (1129)-6.83%(493)(3.63)% Prj 3.6A 14,680 (983)(6.28)%15,168 (777)(4.87)%15415 (1110)-6.72%(431)(3.21)% PROJECTION COMPARISONS BY GRADE GROUP (Continued) Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Buildout Data for Enrollment Projections-April 2018 46 BASE DATA - BUILDOUT SCHEDULE Student Generation Factors ASSUMPTIONS:Single Multi- 1 Uses Build Out estimates received from developers. 2018 SF 2018 MF Family Family 2 Student Generation Factors are updated Auburn data for 2018 as allowed per King County Ordinance Elementary 0.2340 0.2190 3 Takes area labeled Lakeland and Kersey Projects projects across 2018-2024 Middle School 0.0970 0.1070 4 Takes area labeled Bridges and other Lea Hill area developments and projects across 2018-2024 Senior High 0.1230 0.1060 5 Includes known developments in N. Auburn and other non-Lea Hill and non-Lakeland developments Total 0.4540 0.4320 Table Auburn S.D. 1 Development 2018 2019 2020 2021 2022 2023 2024 Total Lakeland/Kersey Single Family 50 150 100 23 0 0 323 Lea Hill Area Single Family 75 60 30 22 0 0 0 187 Other Single Family Units 40 100 170 180 170 120 100 880 Total Single Family Units 165 310 300 225 170 120 100 1390 Projected Pupils: K-5 39 73 70 53 40 28 23 325 6-8 16 30 29 22 16 12 10 135 9-12 20 38 37 28 21 15 12 171 K-12 75 141 136 102 77 54 45 631 Multi Family Units 200 120 35 8 0 0 0 363 Total Multi Family Units 200 120 35 8 0 0 0 363 Projected Pupils: K-5 44 26 8 2 0 0 0 79 6-8 21 13 4 1 0 0 0 39 9-12 21 13 4 1 0 0 0 38 K-12 86 52 15 3 0 0 0 157 Total Housing Units 365 430 335 233 170 120 100 1753 K-5 82 99 78 54 40 28 23 405 6-8 37 43 33 23 16 12 10 174 9-12 41 51 41 29 21 15 12 209 K-12 161 193 151 106 77 54 45 788 Cumulative Projection 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 82 181 259 313 353 381 405 37 80 113 136 152 164 174 41 92 133 161 182 197 209 161 354 505 611 688 742 788 Total Total Sr. High Pupils Elementary - Grades K -5 Mid School - Grades 6 - 8 Senior High - Grades 9 - 12 Total Auburn Factors Elementary Pupils Mid School Pupils Sr. High Pupils Elementary Pupils Total Mid School Pupils Sr. High Pupils Elementary Pupils Mid School Pupils Buildout Data for Enrollment Projections-April 2018 47 TABLE New Projects - Annual New Pupils Added & Distributed 2 by Grade Level 6 Year Percent of average GRADE Average Pupils by Grade 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2025-26 Enroll.& Level KDG 1199 7.74%1261 12 27 39 47 53 57 61 1 1210 7.81%1276 13 28 39 48 54 58 62 2 1207 7.79%46.15%1252 13 28 39 48 54 58 61 3 1208 7.80%1328 13 28 39 48 54 58 61 4 1176 7.59%1329 12 27 38 46 52 56 60 5 1151 7.43%1269 12 26 38 45 51 55 59 6 1109 7.15%1207 12 25 36 44 49 53 56 7 1112 7.18%21.48%1194 12 25 36 44 49 53 57 8 1108 7.15%1183 12 25 36 44 49 53 56 9 1230 7.94%1258 13 28 40 48 55 59 63 10 1257 8.11%32.37%1300 13 29 41 50 56 60 64 11 1225 7.90%1249 13 28 40 48 54 59 62 12 1304 8.41%1419 14 30 43 51 58 62 66 Totals 15496 100.00%Total 16525 161 354 505 611 688 742 788 TABLE 6 year Historical Data 3 Average Enrollment and Percentage Distributed by Grade Level Grade 12-13 13-14 14-15 15-16 16-17 17-18 6yr Ave % KDG 1098 1170 1232 1198 1237 1261 1199.33 7.74% 1 1089 1188 1219 1279 1210 1276 1210.17 7.81% 2 1083 1124 1196 1289 1300 1252 1207.33 7.79% 3 1111 1125 1136 1232 1317 1328 1208.17 7.80% 4 1038 1123 1156 1170 1237 1329 1175.50 7.59% 5 1070 1075 1122 1172 1199 1269 1151.17 7.43% 6 1041 1076 1059 1116 1152 1207 1108.50 7.15% 7 1086 1072 1091 1099 1132 1194 1112.33 7.18% 8 1017 1116 1088 1136 1108 1183 1108.00 7.15% 9 1200 1159 1275 1229 1261 1258 1230.33 7.94% 10 1278 1229 1169 1316 1248 1300 1256.67 8.11% 11 1164 1240 1211 1167 1318 1249 1224.83 7.90% 12 1321 1274 1323 1260 1226 1419 1303.83 8.41% Totals 14596 14971 15277 15663 15945 16525 15496.17 100.00% % of change 2.57%2.04%2.53%1.80%3.64% change +/- 375 306 386 282 580 Buildout Data for Enrollment Projections-April 2018 48 TABLE 4 New Projects - Pupil Projection Cumulative ND 3.13 by Grade Level Updated April 2018 Uses a 'cohort survival'GRADE 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2025-26 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1261 1299 1339 1377 1410 1442 1471 1501 enrollees move to the next 1 1276 1320 1361 1397 1432 1463 1493 1522 grade level.2 1252 1311 1357 1394 1428 1460 1489 1518 3 1328 1283 1344 1386 1421 1452 1482 1510 Kindergarten calculates 4 1329 1367 1324 1381 1420 1451 1481 1510 previous years number plus 5 1269 1362 1401 1355 1408 1445 1475 1504 K-5 7715 7941 8125 8291 8519 8713 8892 9065 Current generation based on 6 1207 1279 1373 1410 1360 1411 1446 1474 % of total enrollment. Other 7 1194 1239 1313 1404 1438 1385 1435 1470 factor uses 100% cohort 8 1183 1222 1268 1339 1428 1459 1405 1454 survival, based on 6 year GR 6-8 3584 3739 3955 4154 4225 4256 4286 4398 history.9 1258 1372 1414 1459 1527 1615 1645 1591 10 1300 1282 1399 1437 1480 1546 1631 1660 11 1249 13 28 40 48 54 59 62 12 1419 1293 1278 1392 1427 1467 1531 1616 GR 9-12 5226 3959 4119 4328 4483 4682 4866 4929 Total 16525 15639 16199 16772 17227 17650 18044 18392 % of change -5.36%3.58%3.54%2.71%2.46%2.24%1.93% change +/- -886 560 573 455 423 394 347 TABLE 5 New Projects - Pupil Projection Cumulative ND 3.6 by Grade Level Updated April 2018 Uses a 'cohort survival'GRADE 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2025-26 2022-23 2023-24 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1261 1306 1353 1398 1438 1477 1514 1550 1568 1585 enrollees move to the next 1 1276 1333 1381 1425 1466 1505 1541 1578 1595 1614 grade level.2 1252 1327 1387 1430 1472 1510 1547 1583 1601 1620 3 1328 1297 1374 1430 1471 1510 1546 1582 1600 1619 Kindergarten calculates 4 1329 1367 1338 1411 1464 1502 1539 1576 1594 1612 previous years number plus 5 1269 1373 1413 1381 1451 1501 1538 1574 1591 1609 K-5 7715 8002 8245 8476 8762 9005 9226 9443 9550 9658 Current generation based on 6 1207 1280 1385 1422 1386 1454 1502 1538 1556 1573 % of total enrollment. Other 7 1194 1252 1326 1430 1464 1425 1491 1539 1556 1574 factor uses 100% cohort 8 1183 1233 1293 1365 1465 1496 1456 1521 1539 1556 survival, based on 6 year GR 6-8 3584 3764 4005 4218 4314 4376 4449 4598 4650 4703 history.9 1258 1370 1423 1482 1551 1650 1680 1640 1658 1677 10 1300 1300 1415 1465 1520 1587 1684 1714 1733 1753 11 1249 1301 1302 1414 1460 1512 1578 1673 1692 1711 12 1419 1361 1416 1415 1523 1568 1618 1683 1702 1722 GR 9-12 5226 5331 5556 5776 6055 6317 6560 6710 6786 6863 Total 16525 17097 17806 18469 19131 19697 20235 20751 20986 21225 % of change 3.46%4.14%3.73%3.58%2.96%2.73%2.55%1.14%1.14% change +/- 572 709 663 662 566 538 515 236 238 Buildout Data for Enrollment Projections-April 2018 49 TABLE 6 New Developments - Pupil Projection Cumulative 3.31%1.14% ND3.13A by Grade Level Updated April 2018 Uses a 'cohort survival'GRADE 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2025-26 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1261 1234 1261 1285 1312 enrollees move to the next 1 1276 1320 1296 1319 1340 1365 grade level.2 1252 1311 1357 1329 1350 1368 1391 3 1328 1283 1344 1386 1356 1374 1390 1412 Kindergarten calculates 4 1329 1367 1324 1381 1420 1387 1403 1419 birth rate average plus 5 1269 1362 1401 1355 1408 1445 1410 1427 7715 7876 7982 8056 8186 6938 5594 4258 Current generation based on 6 1207 1279 1373 1410 1360 1411 1446 1410 % of total enrollment. Other 7 1194 1239 1313 1404 1438 1385 1435 1470 factor uses 100% cohort 8 1183 1222 1268 1339 1428 1459 1405 1454 survival, based on 6 year 3584 3739 3955 4154 4225 4256 4286 4334 history.9 1258 1372 1414 1459 1527 1615 1645 1591 10 1300 1282 1399 1437 1480 1546 1631 1660 11 1249 1292 1276 1389 1424 1463 1528 1612 12 1419 1309 1355 1337 1446 1480 1517 1582 5226 5254 5444 5622 5878 6104 6321 6445 Total 16525 16869 17381 17831 18289 % of change 2.08%3.03%2.59%2.57% change +/- 344 512 450 458 TABLE 7 New Projects - Pupil Projection Cumulative ND 3.6A by Grade Level Updated April 2018 Uses a 'cohort survival'GRADE 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2025-26 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1261 1234 1261 1285 1312 enrollees move to the next 1 1276 1333 1309 1333 1353 1379 grade level.2 1252 1327 1387 1358 1380 1397 1421 3 1328 1297 1374 1430 1399 1418 1433 1456 Kindergarten calculates 4 1329 1367 1338 1411 1464 1431 1447 1463 birth rate average plus 5 1269 1373 1413 1381 1451 1501 1466 1482 7715 7930 8081 8199 8359 Current generation based on 6 1207 1280 1385 1422 1386 1454 1502 1466 % of total enrollment. Other 7 1194 1252 1326 1430 1464 1425 1491 1539 factor uses 100% cohort 8 1183 1233 1293 1365 1465 1496 1456 1521 survival, based on 6 year 3584 3764 4005 4218 4314 4376 4449 4526 history.9 1258 1370 1423 1482 1551 1650 1680 1640 10 1300 1300 1415 1465 1520 1587 1684 1714 11 1249 1301 1302 1414 1460 1512 1578 1673 12 1419 1361 1416 1415 1523 1568 1618 1683 5226 5331 5556 5776 6055 6317 6560 6710 Total 16525 17025 17642 18192 18728 % of change 3.03%3.62%3.12%2.94% change +/- 500 617 550 536 Appendix A.3 Student Generation Survey Auburn School District Development Growth since 1/1/13 April 2018 (Based on November 1, 2017 Enrollment) 51 SINGLE FAMILY Elem Middle HS Total Elem Middle HS Total Alicia Glenn 2016 28 28 0 Arthur Jacobsen 9 3 9 21 0.321 0.107 0.321 0.750 Anthem (formerly Megan's Meadows)2018 13 9 0 Ilalko 6 1 1 8 0.667 0.111 0.111 0.889 Bridges 386 291 95 Lea Hill 57 23 31 111 0.366 0.268 0.347 0.981 Canyon Creek 154 152 2 Evergreen Hts.25 3 8 36 0.164 0.020 0.053 0.237 Kendall Ridge 2015 104 104 0 Arthur Jacobsen 23 11 13 47 0.221 0.106 0.125 0.452 Lakeland East: Portola 2015 130 130 0 Ilalko 45 21 33 99 0.346 0.162 0.254 0.762 Lakeland: Edgeview 2015 368 368 0 Gildo Rey 63 29 28 120 0.171 0.079 0.076 0.326 Lakeland Hills Estates 2017 66 66 0 Gildo Rey 18 8 14 40 0.273 0.121 0.212 0.606 Lakeland: Pinnacle Estates 99 76 23 Lakeland Hills 49 18 18 85 0.645 0.237 0.237 1.118 Lakeland: Villas at…2015 81 81 0 Ilalko 26 8 7 41 0.321 0.099 0.086 0.506 Monterey Park 2016 235 235 0 Evergreen Hts.42 21 32 95 0.179 0.089 0.136 0.404 Mountain View 2018 55 55 0 Evergreen Hts.9 2 3 14 0.164 0.036 0.055 0.255 Sonata Hills 2017 71 71 0 Lea Hill 9 5 5 19 0.127 0.070 0.070 0.268 Spencer Place 13 5 8 Arthur Jacobsen 8 6 0 14 1.600 1.200 0.000 2.800 Sterling Court 2013 8 8 0 Hazelwood 2 2 2 6 0.250 0.250 0.250 0.750 Vintage Place 2014 26 26 0 Lea Hill 8 4 6 18 0.308 0.154 0.231 0.692 Totals 1837 1705 128 399 165 210 774 0.234 0.097 0.123 0.454 Student Generation FactorsFeeder Elementary Units/ Parcels Current Occupancy To Be Occupied Actual StudentsYear of Full OccupancyDevelopment Name Auburn School District Development Growth since 1/1/13 April 2018 (Based on November 1, 2017 Enrollment) 52 SINGLE FAMILY--2018 and beyond Middle HS Total Anderson Acres 14 0 14 1 2 6 Backbone Ridge 7 0 7 1 1 3 Bridle Estates 18 0 18 2 2 8 Hastings 10 *10 0 10 1 1 5 Hazel Heights 22 0 22 2 3 10 Hazel View 20 0 20 2 2 9 Lakeland: Forest Glen At ..30 0 30 3 4 14 Lakeland: Park Ridge 256 0 256 25 32 116 Lakeland: River Rock*14 0 14 1 2 6 Pacific Lane 11 0 11 1 1 5 Ridge At Tall Timbers 104 0 104 10 13 47 Willow Place*18 0 18 2 2 8 Yates Plat*16 0 16 2 2 7 Auburn Gateway 500 0 500 48 62 227 Dulcinea 6 0 6 1 1 3 Richardson BLA/Plat 6 0 6 1 1 3 Vasiliy 8 0 8 1 1 4 Wesport Capital 306 0 306 30 38 139 1366 1366 Totals 132 168 620 * currently under construction Estimated Students Based on Student Generation FactorsUnits/ Parcels Current OccupancyDevelopment Name To Be Occupied Elem 3 2 4 2 5 5 7 60 3 3 24 4 4 320 117 72 1 1 2 Auburn School District Development Growth since 1/1/13 April 2018 (Based on November 1, 2017 Enrollment) 53 MULTI FAMILY Elem Middle HS Total Elem Middle HS Total Lakeland: Four Lakes Apts 2014 234 234 0 Ilalko 15 11 16 42 0.064 0.047 0.068 0.179 Promenade Apts * (formerly Auburn Hills)294 211 109 Lea Hill 75 29 23 127 0.355 0.137 0.109 0.602 Trail Run Townhomes 2014 115 115 0 Evergreen Hts.15 5 6 26 0.130 0.043 0.052 0.226 The Villas at Auburn *295 74 206 Washington 34 23 22 79 0.680 0.460 0.440 1.580 Totals 938 634 315 139 68 67 274 0.219 0.107 0.106 0.432 2018 and beyond Sundallen Condos 48 0 48 11 5 5 21 Total 11 5 5 21 Estimated Students Based on Student Generation Factors Student Generation FactorsUnits/ Parcels Current Occupancy Units/ Parcels Current Occupancy To Be Occupied * Current May 2018 Enrollment used for these two complexes. 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HIGHLINE SCHOOL DISTRICT NO. 401 CAPITAL FACILITIES PLAN 2018-2023 Board Introduction: June 27, 2018 Adoption: July 18, 2018 HIGHLINE SCHOOL DISTRICT NO. 401 CAPITAL FACILITIES PLAN 2018-2023 BOARD OF DIRECTORS Joe Van, President Bernie Dorsey, Vice President Angelica Alvarez Fa’izah Bradford Tyrone Curry, Sr. SUPERINTENDENT Dr. Susan Enfield Table of Contents Page Introduction ......................................................................................................................................1 Educational Program Standard ........................................................................................................3 Capital Facilities Inventory ..............................................................................................................5 Student Enrollment Trends and Projections ....................................................................................9 Capital Facilities Projections for Future Needs .............................................................................10 Financing Plan ...............................................................................................................................12 School Impact Fees ........................................................................................................................13 Appendix A: District Map .......................................................................................................... A-1 Appendix B: Population and Enrollment Data ............................................................................B-1 Appendix C: School Impact Fee Calculations .............................................................................C-1 Appendix D: Student Generation Rates ...................................................................................... D-1 For information regarding the Highline School District’s 2018-2023 Capital Facilities Plan, contact Rodney Sheffer, Interim Executive Director, Capital Planning and Construction, Highline School District No. 401, 17810 8th Avenue South, Building A, Burien, Washington 98148. Telephone: (206) 631-7500 - 1 - Purpose of the Capital Facilities Plan This Six-Year Capital Facilities Plan has been prepared by the Highline School District (the “District”) as the District’s primary facility planning document, in compliance with the requirements of Washington’s Growth Management Act (the “GMA”) and King County Council Code Title 21A. The Plan was prepared using data available in May 2018. The GMA outlines 13 broad goals including adequate provision of necessary public facilities and services. Schools are among these necessary facilities and services. School districts have adopted capital facilities plans to satisfy the requirements of RCW 36.70A.070 and to identify additional school facilities necessary to meet the educational needs of the growing student populations anticipated in their districts. The Highline School District (the “District”) has prepared this Capital Facilities Plan (the “CFP”) to provide King County (the “County”) and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila with a schedule and financing program for capital improvements over the next six years (2018-2023). This Plan will be updated annually with any changes to the impact fee schedule adjusted accordingly. Executive Summary After a period of low enrollment growth, the District has experienced steady enrollment increases since 2010 and projects continued enrollment increases following a slight dip in 2017. The District currently serves an approximate student population of 18,983 (October 1, 2017 enrollment) with 18 elementary schools (grades K-6), five middle level schools (grades 7-8), and five high schools (grades 9-12). In addition, the District has alternative programs: Big Picture (MS and HS) at the Manhattan site; CHOICE Academy (MS and HS) at the Woodside site; New Start (9-12) at the Salmon Creek Site; and Puget Sound Skills Center (“PSSC”). Over the last 14 years the District has embarked on a major capital improvement effort to enhance its facilities to meet current educational and life-safety standards. Since 2002 the District has passed three major capital bonds: one in 2002 for approximately $189,000,000, one in 2006 for approximately $148,000,000, and one in 2016 for approximately $299,850,000. The 2002 and 2006 bonds were used for replacement of existing facilities and not to accommodate increased enrollment. The 2016 bonds are earmarked for a combination of improvements to/replacement of existing facilities and the provision of new capacity. With the approved capital bond funds and reimbursements from the Office of the Superintendent of Public Instruction, the State of Washington, the Port of Seattle, the Federal Aviation Administration and private donations for a new Raisbeck Aviation High School, the District has designed, permitted and constructed 13 new elementary schools, 1 new high school, renovated 3 SECTION ONE: INTRODUCTION - 2 - schools as interim facilities, and renovated portions of Memorial Field and Camp Waskowitz. All of this work has been done since March 2002. The District’s 2016 bond proposal was based on the recommendations of a Capital Facilities Advisory Committee (“CFAC”), a citizens’ committee representing every part the District. The committee met for a year to study the District's facilities needs, review data, such as enrollment projections and building conditions, and analyze various solutions. CFAC developed a long- term facilities plan, which includes the 2016 bond as the first phase of a four-phase plan to meet students’ needs over the next 20 years. As the District looks ahead it recognizes that anticipated enrollment growth, some of which will be caused by new development, and implementation of recent legislation will require the District either to add new facilities, add additions to existing facilities, renovate existing facilities, or add portables to existing facilities. This CFP identifies the current enrollment, the current capacity of each educational facility, the projected enrollment over the six-year planning period and how the District plans to accommodate this growth. It also includes a schedule of impact fees that should be charged to new development. Based on current projections, the District needs to add capacity at the elementary and middle school levels to accommodate projected enrollment and implementation of recent legislation. To address these needs, the District plans to build a new elementary to replace Des Moines Elementary School to increase its student capacity, add classrooms at existing elementary schools, and build one new middle school. In addition, new modular or portables may need to be added at individual elementary schools and middle schools to accommodate future enrollment. At this time it has been assumed that additional land will not be needed to accommodate the new schools; however, land will be necessary in the future to support the District’s long range facilities plan and the Educational Strategic Plan. - 3 - King County Code 21A.06 refers to a “Standard of Service” that each school district must establish in order to ascertain its overall capacity. School facility and student capacity needs are dictated by the types and amounts of space required to accommodate the District’s adopted educational program. The educational program standards which typically drive facility space needs include grade configuration, optimum facility size, class size, educational program offerings, classroom utilization and scheduling requirements, and use of relocatable classrooms (portables). District educational program standards may change in the future as a result of changes in the education program, special programs class sizes, grade span configurations, and use of new technology, as well as other physical aspects of the school facilities. In addition, the State Legislature’s implementation of requirements for reduced K-3 class size will also impact school capacity and educational program standards. (The District currently offers full-day kindergarten.) The school capacity inventory will be reviewed periodically and adjusted for any changes to the educational program standards. These changes will also be reflected in future updates of this CFP. The Standard of Service outlined below reflects only those programs and educational opportunities provided to students that directly affect the capacity of school buildings. The special programs listed below require classroom space, thus the permanent capacity of some buildings housing these programs has been reduced. Table 1 Class Size – Standard of Service Grade Level Average Class Size Based on Standard of Service Kindergarten 24* Grades 1 – 3 25* Grades 4 – 6 27 Grades 7 – 8 30 Grades 9 – 12 32 *The District standard for K-3 will change to 17:1 in 2019 (see Table 7). It is not possible to achieve 100% utilization of all regular teaching stations throughout the day. Therefore, classroom capacity is adjusted using a utilization factor of available teaching stations depending on the physical characteristics of the facility and educational program needs. SECTION 2 – STANDARD OF SERVICE - 4 - Elementary School Standard of Service Models • Special education for students with disabilities may be provided in self- contained classrooms. • All students are provided music instruction in a separate classroom. • All students will have scheduled time in a special classroom. • Identified students will also be provided other educational opportunities in classrooms designated as follows: • Resource Rooms • English Language Learners (ELL) • Education for Disadvantaged Students (Title I) • Gifted Education • Learning Assisted Programs • Severely Behavior Disorder • Transition Rooms • Mild, Moderate, and Severe Disabilities • Developmental Kindergarten • Extended Daycare Programs and Preschool Programs Secondary School Standard of Service Models • Identified students will also be provided other educational opportunities in classrooms designated as follows: • Resource Rooms • English Language Learners (ELL) • Computer Labs • Science Labs • Career and Vocational Rooms • Daycare Programs • Alternative Program Spaces -5- This section provides an inventory of capital facilities owned and operated by the District including schools and relocatable classrooms (modulars or portables). School facility capacity was inventoried based on the space required to accommodate the District’s adopted educational program standards. See Section Two: Standard of Service. A map showing locations of District facilities is provided in Appendix A. Schools See Section One for a description of the District’s schools and programs. School capacity was determined based on the number of teaching stations (or general classrooms) within each building and the space requirements of the District’s currently adopted current educational program and internal targets as reported in ICOS with the Office of the Superintendent of Public Instruction. It is this capacity calculation that is used to establish the District’s baseline capacity, and to determine future capacity needs based on projected student enrollment. The school capacity inventory is summarized in Tables 2, 3, and 4. As the District implements reduced K-3 class size requirements and grade reconfiguration, the inventory will reflect adjustments in the Standard of Service (see Tables 7-B and 7-C). Relocatable Classrooms (Portables) Relocatable classrooms (portables) are used as interim classroom space to house students until funding can be secured to construct permanent classrooms. The District currently uses 27 relocatable classrooms at various school sites throughout the District to provide additional interim general classroom capacity. A typical relocatable classroom can provide capacity for a full-size class of students. Current use of relocatable classrooms throughout the District is summarized in Table 5. SECTION THREE: CAPITAL FACILITIES INVENTORY -6- Table 2 Elementary School Level Inventory Elementary School Building Area (sq. ft.) Teaching Stations* Permanent Capacity** Beverly Park at Glendale ES 58,145 22 514 Bow Lake ES 76,108 30 666 Cedarhurst ES 68,916 26 619 Des Moines ES 41,766 19 471 Gregory Heights ES 65,978 27 585 Hazel Valley ES 65,346 26 452 Hilltop ES 51,532 24 594 Madrona ES 69,240 25 598 Marvista ES 68,462 27 621 McMicken Heights ES 69,979 25 582 Midway ES 66,096 25 610 Mount View ES 67,783 26 628 North Hill ES 65,665 27 636 Parkside ES 68,857 26 622 Seahurst ES 59,967 27 585 Shorewood ES 60,326 22 483 Southern Heights ES 32,942 15 336 White Center ES 65,654 26 622 TOTAL 1,122,762 445 10,231 * Teaching Station definition: A space designated as a classroom. Other stations include spaces designated for special education and pull-out programs. ** General classrooms -7- Table 3 Middle School Level Inventory*** Middle School Building Area (sq. ft.) Teaching Stations* Permanent Capacity** Cascade MS 90,582 34 986 Chinook MS 87,476 27 783 Pacific MS 73,941 24 696 Sylvester MS 92,617 30 870 Big Picture MS (at Manhattan)^ 2 58 Choice (at Woodside) ^ 2 58 TOTAL 344,616 119 3,451 * Teaching Station Definition: A space designated as a general classroom. Other stations include spaces designated for special education and pull-out programs. ** General classrooms. ***Does not include alternative programs: CHOICE Academy MS/HS at Woodside site. ^The District anticipates that the Big Picture and Choice programs will be relocated in the 2019-20 school year to another District facility or leased space. Inventory adjustments will be reflected in future updates to this Capital Facilities Plan. Table 4 High School Level Inventory*** High School Building Area (sq. ft.) Teaching Stations* Permanent Capacity** Raisbeck Aviation HS 87,934 14 448 Big Picture HS (at Manhattan)^ 29,141 10 320 Evergreen HS 161,456 48 1,536 Highline HS 214,919 59 1,500 Mount Rainier HS 205,159 47 1,504 Tyee HS 143,101 38 1,216 TOTALS 841,710 227 6,524^^ * Teaching Station definition: A space designated as a general classroom. Other stations include spaces designated for special education and pull-out programs. ** Regular classrooms. ***Does not include alternative programs: CHOICE Academy MS/HS at Woodside site; New Start HS at Salmon Creek site; and Puget Sound Skills Center. ^ The District anticipates that the Big Picture program will be relocated in the 2019-20 school year to another District facility or leased space. Inventory adjustments will be reflected in future updates to this Capital Facilities Plan. ^^Total capacity at the high school level may be affected as the District makes programmatic changes in its small school high schools: Tyee HS and Evergreen HS. For example, spaces currently identified as teaching stations may be needed to serve special programs. -8- Table 5 Relocatable Classrooms (Portable) Inventory Elementary School Relocatables** Other*** Interim Capacity Beverly Park at Glendale 0 2 0 Bow Lake 0 4 0 Cedarhurst 1 3 25 Des Moines 0 1 0 Gregory Heights 0 0 0 Hazel Valley 3 1 75 Hilltop 5 1 125 Madrona 2 0 50 Marvista 2 0 50 McMicken Heights 0 0 0 Midway 4 0 100 Mount View 4 0 100 North Hill 0 0 0 Parkside 0 0 0 Seahurst 2 2 50 Shorewood 1 3 25 Southern Heights 2 1 50 White Center 1 3 25 TOTAL 27 21 675 Middle School Relocatables** Other *** Interim Capacity Cascade 0 3 0 Chinook 5 1 145 Pacific 4 0 116 Sylvester 2 2 58 Big Picture MS 4 7 116 TOTAL 15 13 435 High School Relocatable** Other*** Interim Capacity Raisbeck Aviation HS 0 0 0 Big Picture HS 0 0 0 Evergreen HS 3 2 96 Highline HS 0 0 0 Mount Rainier HS 0 0 0 Tyee HS 0 1 0 TOTALS 3 3 96 **Used for regular classroom capacity. ***The relocatables referenced under “other relocatables” are used for special pull-out programs, storage, community use, etc. -9- Generally, enrollment projections using historical calculations are most accurate for the initial years of the forecast period. Moving further into the future, more assumptions about economic conditions, land use, and demographic trends in the area affect the projection. Monitoring birth rates in the County and population growth for the area are essential yearly activities in the ongoing management of the CFP. In the event that enrollment growth slows, plans for new facilities can be delayed. It is much more difficult, however, to initiate new projects or expedite projects in the event enrollment growth exceeds the projections. With the assistance of a professional demographer, the District has developed its own methodology for forecasting future enrollments. This methodology, a modified cohort survival method, considers a variety of factors to evaluate the potential student population growth for the years 2018 through 2023. These factors include: projected births, projected growth in the K-12 population, and a model which considers growth in population and housing within the District’s boundaries. The methodology also considers the potential impacts on enrollment due to the recent opening of a charter school within the District’s boundaries. Certain assumptions are made regarding the continued enrollment at the charter school. Therefore, the methodology and the resulting projections should be considered conservative. District enrollment has increased in recent years, including a 5.87% increase since 2009. Using the modified cohort survival projections, a total enrollment of 19,703 students is expected in 2023. In other words, the District projects an increase of 3.79% in student enrollment (or 720 students) between 2017 and 2023. See Appendix B (Enrollment projections from Les Kendrick, December 2017.) Table 6 Projected Student Enrollment 2018-2023 Projection 2017* 2018 2019 2020 2021 2022 2023 Actual Change Percent Change 18,983 18,932 18,941 18,974 19,132 19,436 19,703 720 3.79% *Actual October 2017 enrollment. SECTION FOUR: STUDENT ENROLLMENT TRENDS AND PROJECTIONS -10- Projected future capacity needs, shown in Tables 7-A through 7-C, are derived by applying the projected number of students to the projected permanent capacity. It is not the District’s policy to include relocatable classrooms when determining future capital facility needs; therefore, interim capacity provided by relocatable classrooms is not included in this analysis. The District will utilize relocatables as necessary to address interim capacity needs. Information on relocatable classrooms by grade level and interim capacity can be found in Table 5. Information on planned construction projects can be found in the Financing Plan, Table 8. Recent state-level policy decisions impact the District’s capacity analysis. Engrossed Senate House Bill 2261, adopted in 2009, requires school districts to implement full-day kindergarten by 2018. SHB 2776, passed in 2010, requires school districts to reduce K-3 class sizes to 17 students per teacher. Finally, in November 2014, the voters passed Initiative 1351, which requires reduced class sizes across all grades (K-12). The District has proactively implemented full day kindergarten, which reduced the number of available regular classrooms in elementary schools districtwide. Table 7 assumes that K-3 class size reduction is implemented by 2019 and that grade levels are reconfigured to K-5, 6-8, and 9-12 in 2019. All scenarios include the capacity related projects the District is planning during the six-year planning period. Future updates to this Plan will incorporate any funded implementation of Initiative 1351. SECTION FIVE: CAPITAL FACILITIES PROJECTIONS FOR FUTURE NEEDS -11- *Actual October 2017 enrollment **Does not include portable capacity ^Implementation of reduced K-3 class size and adjusted Standard of Service; Movement of 6th grade to middle school level. ’’Addition of new classrooms at existing elementary schools and New Des Moines Elementary School opens at the Zenith site with added capacity Middle School Level -- Surplus/Deficiency *Actual October 2017 enrollment **Does not include portable capacity ^Movement of 6th grade to middle school level ’New middle school capacity added High School Level -- Surplus/Deficiency Table 7 Projected Student Capacity – 2018 through 2023 Elementary School Level -- Surplus/Deficiency 2017* 2018 2019^ 2020 2021 2022 2023 Existing Permanent Capacity 10,231 10,231 9,034 9,576 9,576 9,576 9,576 Added Permanent Capacity 0 0 542’’ 0 0 0 Total Permanent Capacity** 10,231 10,231 9,576 9,576 9,576 9,576 9,576 Enrollment 10,583 10,550 9,074 9,131 9,278 9,439 9,625 Surplus (Deficiency)** Permanent Capacity (352) (319) 502 445 298 137 (49) 2017* 2018 2019^ 2020 2021 2022 2023 Existing Permanent Capacity 3,451 3,451 3,451 4,401 4,401 4,401 4,401 Added Permanent Capacity 0 0 950’ 0 0 0 0 Total Permanent Capacity** 3,451 3,451 4,401 4,401 4,401 4,401 4,401 Enrollment 2,542 2,644 4,232 4,276 4,255 4,153 4,095 Surplus (Deficiency)** Permanent Capacity 909 807 169 125 146 248 306 2017* 2018 2019 2020 2021 2022 2023 Existing Permanent Capacity 6,524 6,524 6,524 6,524 6,524” 6,524 6,524 Added Permanent Capacity 0 0 0 0 0 0 0 Total Permanent Capacity** 6,524 6,524 6,524 6,524 6,524 6,524 6,524 Enrollment 5,858 5,738 5,635 5,566 5,599 5,844 5,983 Surplus (Deficiency)** Permanent Capacity 666 786 889 958 925 680 541 *Actual October 2017 enrollment **Does not include portable capacity. ”Highline High School re-opens with at current site. -12- Planned Improvements The Finance Plan focuses on capacity related projects needed to accommodate recent and projected growth in the District. Based upon the scenario presented in Table 3, the District will need to add permanent classroom capacity at both the elementary school and middle school grade levels. Pursuant to the Board’s approval of the Capital Facilities Advisory Committee’s final recommendations and the voters’ approval of the 2016 bond, the District will: (1) add space to the new Des Moines Elementary School (replacement school at the Zenith site); (2) construct new elementary school classrooms at various sites, and (3) construct a new middle school. All new schools will be located on land currently owned by the District. In addition, new relocatable classrooms (portables) may need to be added at individual elementary schools and middle schools to accommodate future enrollment or to provide interim classrooms until permanent classroom capacity is built. The District has identified “non-capacity” capital needs at existing schools including the replacement of Highline High School and safety/security improvements at various schools. Financing for Planned Improvements Funding for planned improvements is typically secured from a number of sources including voter- approved bonds, State match funds, and impact fees. General Obligation Bonds: Bonds are typically used to fund construction of new schools and other capital improvement projects, and require a 60% voter approval. The District’s voters in November 2016 approved by 66.99% a $299.85 million school construction bond to fund the projects identified in this Plan. State School Construction Assistance Program Funds: State School Construction Assistance funds come from the Common School Construction Fund. The State deposits revenue from the sale of renewable resources from State school lands set aside by the Enabling Act of 1889 into the Common School Account. If these sources are insufficient to meet needs, the Legislature can appropriate General Obligation Bond funds or the Superintendent of Public Instruction can prioritize projects for funding. School districts may qualify for State School Construction Assistance funds for specific capital projects based on a prioritization system. The District received funding in the amount of $6.27 million from Senate Bill 6080 to address a portion of the classrooms needed for implementation of reduced K-3 class sizes. SECTION SIX: FINANCING PLAN -13- Impact Fees: Impact fees are a means of supplementing traditional funding sources for construction of public facilities needed to accommodate new development. See Section 7 School Impact Fees. The District also receives some funding toward school construction from the Port of Seattle/Federal Aviation Administration. This funding applies to the Des Moines Elementary Replacement and Addition project and the Highline High School replacement project. The Six-Year Financing Plan shown on Table 8 demonstrates how the District intends to fund new construction capacity and improvements to school facilities for the years 2018-2023. The financing components include bonds, SCAP funds, Port/FAA funds, and impact fees. The Financing Plan separates projects and portions of projects which add capacity from those which do not, since the latter are generally not appropriate for impact fee funding. Table 8 Capital Facilities Financing Plan (Costs in Millions)** Project 2018 2019 2020 2021 2022 2023 Total Cost Bonds/ Local Funds State Funds Impact Fees Port/FAA *** Elementary Schools Des Moines Elementary Replacement and Addition 30.000 27.782 $57.782 X X X X Elementary School Classrooms – various sites 3.00 5.00 $8.000 X SB 6080 Funds X Middle Schools New Middle School (950 capacity) 45.70 45.70 $91.401 X X Portables Portables at Various Sites .200 .200 .200 X X High Schools Highline High School 29.000 29.000 90.409 $148.409 X X X Land Purchase (elementary site for future growth) $20.000 X X **All projects are growth-related except Highline High School replacement. ***Construction costs used in impact fee formula are adjusted to recognize Port/FAA funding. -14- The GMA authorizes jurisdictions to collect impact fees to supplement funding of additional public facilities needed to accommodate new development. Impact fees cannot be used for the operation, maintenance, repair, alteration, or replacement of existing capital facilities used to meet existing service demands. Impact fees in Appendix C have been calculated utilizing the formula in the King County Code. The resulting figures are based on the District’s cost per dwelling unit to purchase land for school sites, make site improvements, construct schools, and purchase/install relocatable classrooms (portables). As required under the GMA, credits have also been applied in the formula to account for State Match Funds to be reimbursed to the District and projected future property taxes to be paid by the dwelling unit. The District’s cost per dwelling unit is derived by multiplying the cost per student by the applicable student generation rate per dwelling unit. The student generation rate is the average number of students generated by each housing type; in this case, single family dwellings and multi-family dwellings. Multi-family dwellings were broken out into one-bedroom and two-plus bedroom units. The District has developed its own student generation rate data based on actual permit data from local jurisdictions. For purposes of the 2018 CFP, the District is using the student generation rates developed in 2017. See Appendix D. Using the variables and formula described, and applying the 50% discount rate required by the King County School Impact Fee Ordinance, impact fees proposed as a part of this CFP, are summarized in Table 9 below. See also Appendix C. King County and the City of Kent currently have adopted school impact fee ordinances and collect school impact fees on behalf of the District. The District has requested that the other cities that it serves consider adoption of a school impact fee ordinance. Table 9 School Impact Fees 2018 Housing Type Impact Fee Per Dwelling Unit Single Family $2,573 Multi-Family $3,646 SECTION SEVEN: SCHOOL IMPACT FEES A-1 APPENDIX A DISTRICT MAP A-2 A-3 B-1 APPENDIX B POPULATION AND ENROLLMENT DATA B-2 C-1 APPENDIX C SCHOOL IMPACT FEE CALCULATIONS C-2 D-1 APPENDIX D STUDENT GENERATION RATE DATA D-2 Highline School District Student Generation Rates In 2017, the District developed student generation rates based upon new residential development occurring within the District’s boundaries within the preceding five year period. The District compared student enrollment addresses to the addresses on permits for new dwelling units. Future updates to the Capital Facilities Plan will include updated information. Single Family Occupancy Permits for the last 5 years = 382 Elementary School Students occupying Single Family Residences = 58 Elementary Students Single Family Student Generation Rate = .1518 Single Family Occupancy Permits for the last 5 years = 382 Junior High School Students occupying Single Family Residences = 10 Junior High School Students Single Family Student Generation Rate = .0262 Single Family Occupancy Permits for the last 5 years = 382 High School Students occupying Single Family Residences = 25 High School Students Single Family Student Generation Rate = .0654 Multi-Family Occupancy Permits for the last 5 years = 43 Elementary School Students occupying Multi-Family Residences = 4 Elementary Students Multi-Family Student Generation Rate = .0930 Multi-Family Occupancy Permits for the last 5 years = 43 Junior High School Students occupying Multi-Family Residences = 2 Junior High School Students Multi-Family Student Generation Rate = .0465 Multi-Family Occupancy Permits for the last 5 years = 43 High School Students occupying Multi-Family Residences = 3 High School Students Multi-Family Student Generation Rate = .0698 Agenda Item: Consent Calendar 8R TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Amending School Impact Fees – Adopt SUMMARY: The Kent City Code authorizes school impact fees for school districts that provide to the City a capital facilities plan. School district capital facilities plans are adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The Kent, Federal Way, Auburn and Highline School Districts submitted the annual update to their capital facilities plans, and on October 16, 2018, the City Council held a public hearing on the plans. The Kent, Federal Way, Auburn, and Highline School Districts requested increases to impact fees. The changes to the impact fees in KCC 12.13.160 are as follows: (1) for the Kent School District, increasing the school impact fee for single-family units to $5,397, and for multifamily units to $2,279; (2) for the Federal Way School District, increasing the school impact fee for single-family units to $7,221, and for multifamily units to $8,755; (3) for the Auburn School District, increasing the school impact fee for single-family units to $5,716, and increasing the school impact fee for multifamily units to $4,488; and (4) for the Highline School District, increasing the school impact fee for single-family units to $2,573 and for multifamily units to $3,646. The maximum allowable fees set forth in KCC 12.13.170 are increasing to $8,591 for single-family dwellings, and $8,755 for multifamily dwelling units. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____, amending Sections 12.13.160 and 12.13.170 of the Kent City Code to adjust school impact fees and maximum allowable fees. This page intentionally left blank. 1 School Impact Fees – 2018-2019 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 12.13.160 and 12.13.170 of the Kent City Code to adjust school impact fee schedules and the maximum allowable school impact fees. RECITALS A. The City of Kent has adopted a school impact fee program as authorized by the State Growth Management Act (GMA) and RCW 82.02.050. B. Chapter 12.13 of the Kent City Code (KCC) requires that the Capital Facilities Plans of school districts be submitted to the City of Kent on an annual basis for City Council review, and that this review must occur in conjunction with any update of the Capital Facilities Element of the City's Comprehensive Plan. The City Council has reviewed the Capital Facilities Plans submitted by the school districts. C. The Kent, Federal Way, Auburn and Highline School Districts have requested amendments to the text of Kent City Code to reflect proposed changes to impact fees. D. On September 18, 2018, the City provided the required 60 day notification under RCW 36.70A.106 to the State of Washington of the City’s proposed amendment to the Capital Facilities Element of the 2 School Impact Fees – 2018-2019 Comprehensive Plan and Chapter 12.13 of the KCC. The 60 day notice period has passed and by operation of law is deemed approved. E. After a public hearing before the City Council on November 6, 2018, the City Council on December 11, 2018, approved Comprehensive Plan Amendment CPA-2018-4 to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, and changes to the Kent City Code to reflect impact fees as follows: (1) for the Kent School District, increasing the school impact fee for single-family units to $5,397, and for multifamily units to $2,279; (2) for the Federal Way School District, increasing the school impact fee for single-family units to $7,221, and for multifamily units to $8,755; (3) for the Auburn School District, increasing the school impact fee for single-family units to $5,716, and increasing the school impact fee for multifamily units to $4,488; and (4) for the Highline School District, increasing the school impact fee for single-family units to $2,573 and for multifamily units to $3,646. F. In order to implement the new impact fee schedules referenced above, it is necessary to amend KCC 12.13.160. G. In addition, the maximum allowable school impact fees as set forth in KCC 12.13.170 are increased to $8591 for single-family dwellings, and $8,755 for multifamily dwelling units. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. Section 12.13.160 of the Kent City Code is hereby amended as follows: Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of 3 School Impact Fees – 2018-2019 development: School District Single-Family Multifamily Multifamily Studio Kent, No. 415 $5,3975,235.00 $2,2792,267.00 $0.00 Federal Way, No. 210 $7,2213,198.00 $8,7558,386.00 0.00 Auburn, No. 408 $5,7163,321.86 $4,4882,081.29 0.00 Highline, No. 401 $2,5732,290.00 $3,6463,162.00 0.00 SECTION 2. – Amendment. Section 12.13.170 of the Kent City Code is hereby amended as follows: Sec. 12.13.170. Maximum allowable fees. School impact fees provided by this chapter shall be assessed based on the calculation set forth in KCC 12.13.140, unless they exceed a maximum allowable fee as set forth in this section. There shall be an increase in the maximum allowable fee each year by the same percentage as the percentage change in the previous calendar year’s average monthly Engineering News Record (ENR) Seattle Area Construction Cost Index values, relative to the corresponding average monthly ENR Construction Cost Index values for the preceding year, as calculated from October 1st through September 30th. The maximum allowable fee is set at $8229 $8,591 for single-family dwelling units and a maximum of $8386 $8,755 for multifamily dwelling units for 20182019. 4 School Impact Fees – 2018-2019 SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision will not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Agenda Item: Consent Calendar 8S TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Updating the Puget Sound Regional Fire Authority Capital Improvement Plan and Fire Impact Fees – Adopt SUMMARY: The Kent City Code authorizes fire impact fees in Chapter 12.15, pursuant to Chapter 82.02 RCW. The impact fee is based on the capital facilities and equipment plan developed by Puget Sound Regional Fire Authority and approved by the RFA governing board. The plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____, updating the Capital Facilities Element of the Kent Comprehensive Plan incorporating the Puget Sound Regional Fire Authority’s Capital Improvement Plan with updated Fire Impact Fees. This page intentionally left blank. 1 Comprehensive Plan Amendment Puget Sound Regional Fire Authority Fire Impact Fees ORDINANCE NO.________ AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plan of the Puget Sound Regional Fire Authority (CPA-2018-6). RECITALS A. The State of Washington Growth Management Act (GMA) requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. Chapter 82.02 RCW authorizes the collection of impact fees only for public facilities included in the capital facilities element of a city’s adopted comprehensive land use plan. C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code (KCC), and the City Council may hold any required public hearings instead of the Land Use and Planning Board. 2 Comprehensive Plan Amendment Puget Sound Regional Fire Authority Fire Impact Fees D. The City Council recognizes that the Kent Fire Department Regional Fire Authority has recently been renamed as the “Puget Sound Regional Fire Authority.” The Council understands that the entity itself remains the same and intends that the Kent City Code referring to the Kent Fire Department Regional Fire Authority remain applicable to the entity despite the name change until such time as the Code may be amended. E. The Puget Sound Regional Fire Authority adopted amendments to its Capital Facilities Plan, and proposed that its amendments be included in the current amendment of the Capital Facilities Element of the City’s Comprehensive Land Use Plan. F. A public hearing to consider an amendment to the Capital Facilities Element of the City’s Comprehensive Land Use Plan to include the Capital Facilities Plan amendments for the Puget Sound Regional Fire Authority was held at the Operations Committee meeting of the Kent City Council on November 6, 2018. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The Kent Comprehensive Plan, and its Capital Facilities Element, are hereby amended to include the Capital Facilities Plan of the Puget Sound Regional Fire Authority and its impact fees as provided therein, as set forth in Exhibit “A” attached and incorporated by this reference (CPA-2018-6). 3 Comprehensive Plan Amendment Puget Sound Regional Fire Authority Fire Impact Fees SECTION 2. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY This page intentionally left blank. Puget Sound Regional Fire Authority Capital Improvement Plan Update 2018 - 2023 EXHIBIT A 2 | P a g e EXHIBIT A 3 | P a g e Six-Year Capital Facilities & Equipment Plan 2018-2023 Puget Sound Regional Fire Authority This Plan was prepared and implemented through the collaboration and work of the following and their associates: Fire Chief Mathew Morris Finance Manager Margaret Martin Deputy Chief Eric Tomlinson Deputy Chief Brian Wiwel Division Chief Mark Jones, Pat Pawlak, Larry Rabel District Chief Kevin Garling, Jeff Richardson, Roger Kacmarcik, Kraig Peiguss Battalion Chief Ed Johnson, Sean Penwell Business Analyst Sameer Ahmed Deployment Dynamics Group LLC Governance Board Members Fire District 37 Allan Barrie Harry George Margaret Harto City of Kent Bill Boyce Dennis Higgins Les Thomas City of Covington Sean Smith City of SeaTac Erin Sitterley EXHIBIT A 4 | P a g e Table of Contents 1 Executive Summary ................................................................................................................. 7 2 Background and Demographics ............................................................................................. 9 2.1 SeaTac Service Area ................................................................................................... 10 3 Community Growth and Impacts of Growth 2018 – 2023 ................................................. 10 3.1 Impacts of Future Growth.......................................................................................... 11 3.1.1 Growth Remains Consistent with the 2014 – 2033 Master CFEP .................. 11 4 Current Capital Resources .................................................................................................... 11 4.1 Influence of Public Protection Class Rating (PPC) ................................................. 11 4.1.1 Limitations of Deployed Resources to Preserve PPC ................................ 12 4.2 Fixed Facilities ............................................................................................................ 13 4.2.1 Fire Stations ................................................................................................... 13 4.2.2 Support Facilities ......................................................................................... 13 4.2.3 Roadways - 72nd Ave South ......................................................................... 13 4.3 Mobile Resources....................................................................................................... 15 4.3.1 Apparatus Life Cycle Policy ......................................................................... 15 4.3.2 Fire Engines .................................................................................................. 15 4.3.3 Quints ............................................................................................................ 15 4.3.4 Ladder Trucks ............................................................................................... 15 4.3.5 Aid Cars ......................................................................................................... 16 4.3.6 Command and Staff Vehicles ....................................................................... 16 4.4 Equipment................................................................................................................. 16 5 Standards of Service .............................................................................................................. 16 5.1 Time and Origin of Standards.................................................................................. 16 5.2 Emergency response ................................................................................................ 16 5.3 Benchmark / Baseline Gap Performance and Relation to Staffing ....................... 17 5.4 Components of Response Performance .................................................................. 17 5.4.1 Alarm Handling Time ................................................................................... 17 5.4.2 Turnout Time ................................................................................................ 17 5.4.3 Drive Time .................................................................................................... 17 5.4.4 At Patient Side or Water on Fire ................................................................. 17 5.5 Deployment and Measures of Response Resources .............................................. 18 5.5.1 Distribution ................................................................................................... 18 5.5.2 Concentration ............................................................................................... 18 5.6 Benchmark and Baseline Level of Service Objectives: .......................................... 19 5.6.1 Community Risk Types ................................................................................ 19 5.6.2 Performance Measured ................................................................................ 19 5.6.3 Performance Expectations........................................................................... 19 5.6.4 Resource Capacity .......................................................................................... 21 6 PSF Service Level Performance ............................................................................................ 21 6.1 Response Performance Findings ................................................................................ 21 6.1.1 Reliability Measure ...................................................................................... 21 EXHIBIT A 5 | P a g e 6.1.2 Reliability & Mutual Aid ............................................................................... 22 7 Conclusion of Need for Capital Resources 2018 – 2023 ..................................................... 22 7.1 Planned Capital Funding 2014 – 2033 ........................................................................ 23 7.1.1 Planned Capital Purchases 2018 – 2023 ..................................................... 23 7.2 Progress toward Planned Capital Purchases .............................................................. 25 8 2018 – 2023 Capital Plan Effects on Impact Fees ............................................................... 25 9 Capital Cost Summaries ......................................................................................................... 26 9.1 Equipment Inventory, Life Cycle and Cost ................................................................. 26 9.2 Asset Preservation Costs ............................................................................................ 26 9.3 IT Capital Costs ........................................................................................................... 27 9.4 Fixed Facility Construction Projects ........................................................................... 27 9.5 Apparatus Funding Schedule ...................................................................................... 28 10 Inventories ............................................................................................................................. 29 10.1 Apparatus Inventory & Funding Schedule.................................................................. 29 EXHIBIT A 6 | P a g e Table 1 2018 Fire Impact Fees.................................................................................................................................... 8 Table 2 Six-Year Funding Plan .................................................................................................................................... 8 Table 3 Population and Housing Growth Projections without SeaTac ................................................... 10 Table 4 Commercial Growth Rates 2013 & 2016 with estimates for 2021 & 2035 .......................... 11 Table 5 Incident Growth Projections .................................................................................................................... 11 Table 6 Fire Station & Support Facility Inventory ........................................................................................... 14 Table 7 Benchmark & Baseline Level of Service Objectives – Non-Medical Related ......................... 20 Table 8 Benchmark & Baseline Level of Service Objectives – EMS Related .......................................... 20 Table 9 Response Unit Reliability Objectives .................................................................................................... 21 Table 10 Hourly Unit Reliability for the Year 2016 ........................................................................................ 22 Table 11 Six Year (2016-2021) Capital Costing................................................................................................ 24 Table 12 2015 Impact Fees ....................................................................................................................................... 25 EXHIBIT A 7 | P a g e 1 Executive Summary This Six-Year Capital Facilities Plan (the "Plan") is an update and extension of the Puget Sound Regional Fire Authority (PSF) 2014 – 2033 Master Capital Facilities and Equipment Plan (CFEP) in compliance with the requirements of Washington's Growth Management Act (GMA) Chapter 36.70A RCW, City of Kent Code 12.15.060, and Covington City Code Chapter 19.50 “Fire Impact Fees”. This Plan update uses data available through the first quarter of 2017 to evaluate level of service performance, and the progress toward implementation of the 2014 - 2033 CFEP. The goal of this Plan is to identify the next six years of community growth, determine the need for additional facilities and their cost and prioritize those resource into a 6-year funding plan (2018 – 2023) to ensure adequate service delivery prior to, or concurrently with the impacts of development within the service area. The underlying premise of this document is that as the community continues to grow, additional resources will be required to adequately serve the growing demand for fire & life safety services. It is assumed that a direct relationship exists between populations within a community and demand for service, which, directly links to a need to maintain and expand resources. Since adoption and publication of the Master CFEP in 2014, the post-recession economy continues its recovery with community growth and cost of construction returned to or exceeding pre-recession rates. The City of Kent published a 2015 updated Comprehensive Plan that continues a similar land use and community growth pattern. The City of Covington also completed a Comprehensive Plan update in 2015 and has increased projected growth targets to more closely reflect past market rates but, the combined rate of growth for Covington, Kent, and unincorporated areas of PSF’s response area remain consistent with the projections of the 2014 CFEP. As a result, baseline impact fees in Table 2, have increased based upon the updated costs associated with funding the capital resources required to maintain fire service concurrency. A new property type, “Regional Commercial” has been added to the impact fee schedule. Regional commercial is defined as a commercial use intended to serve a regional largely non-resident population. These property types are likely to occur near regional transportation, shopping and entertainment centers and produce much higher fire service impacts than similar properties serving local resident populations. Because of the service demand of these properties, the impact fee formula places a higher cost share on the developer (80% to 98%) to help offset the higher impact of these properties. Increasing service demand of assisted care facilities continues to rise as operators of these facilities rely more and more on PSF staff for support. As a result, the de veloper cost share of impact and level of service fees has been increased from 80% to 95%. Compliance with the GMA requires a six-year funding plan, the funding plan in Table 2 has been balanced through 2023 with a $235,000 surplus using increased projected revenue from both EXHIBIT A 8 | P a g e taxes and impact fees to cover the $4.16 million in increased costs over the 6-year projection. However, the timing of some resources funded in this plan have been pushed back in time from the Master 2014 CFEP because of these increasing costs and limits on available capital funding. Table 1 2018 Fire Impact Fees Land Use Type System wide C&E Res/Com Split New Dev Share Impact & LOS Contribution Fee Single Family $95,468,923 65%80%$1,860.61 Multi Family $95,468,923 65%80%$1,772.41 COMM/IND $95,468,923 35%80%$1.88 HOSP/MED/CIV/SCH/CHUR $95,468,923 35%80%$1.28 ASSISTED CARE $95,468,923 35%95%$2.89 COMM/IND $95,468,923 35%98%$2.31 HOSP/MED/CIV/SCH/CHUR $95,468,923 35%98%$1.57 56%1.13 16,884 living units LOS Formula Calculation Usage Factor ERF Factor Projected New Units 2014 - 2035 Residential 44%1.37 16,884 living units Commercial 32%2.75 12,500,000 sq ft 30%2 12,500,000 sq ft 38%3 12,500,000 sq ft Regional Commercial 32%2.75 12,500,000 sq ft 30%2 12,500,000 sq ft Table 2 Six-Year Funding Plan Cost/Funding Source 2018 2019 2020 2021 2022 2023 Totals Station Construction & Land Purchase $40 $919 $923 $1,286 $4,540 $843 $8,552 Apparatus $1,283 $1,321 $1,872 $1,462 $1,017 $1,737 $8,692 Equipment $1,858 $642 $730 $470 $356 $378 $4,434 Asset Preservation $351 $363 $205 $195 $242 $100 $1,455 I.T. Capital $672 $86 $144 $146 $15 $15 $1,078 I.T Independence Capital $425 $40 $125 $218 $22 $2 $832 72nd Ave S Extension $120 $120 $120 $120 $120 $120 $720 Station debt expense $13 $13 $12 $11 $10 $9 $68 Annual Revenue to Capital $1,890 $1,947 $1,986 $2,050 $2,100 $2,130 $12,103 Taxpayer Bond Funds $0 $0 $0 $0 $0 $0 $0 Sale of Surplus Property/Equipment $253 $32 $98 $50 $284 $50 $767 Covington Impact/LOS Fees $600 $315 $515 $600 $750 $250 $3,030 Kent Impact Fees $850 $600 $850 $952 $960 $313 $4,525 Councilmatic Bonds $0 $0 $0 $0 $0 $0 $0 King County Radio Program $0 $0 $767 $0 $0 $0 $767 Apparatus Shop Overhead Fees $8 $8 $8 $8 $9 $9 $50 Decrease in Kent ILA for IT $0 $25 $75 $130 $130 $130 $490 SCBA Grant $0 $0 $0 $0 $0 $0 $0 Apparatus Grant $0 $0 $0 $0 $0 $0 $0 Burn Prop Grant $0 $0 $0 $0 $0 $0 $0 City of Kent - Land Swap-Partnership $0 $100 $100 $100 $200 $0 $500 SeaTac ILA Capital $1,168 $510 $522 $533 $544 $557 $3,834 Expense $4,761 $3,504 $4,131 $3,908 $6,322 $3,204 $25,830 Revenue $4,769 $3,537 $4,921 $4,423 $4,977 $3,438 $26,065 Balance $8 $40 $831 $1,346 $1 $235 $235 6 - Year Cost/Funding Sources for Capital Needs Costs in thousands based on 2017 dollars Summary of revenue less expenses Expense Sources Revenue Sources EXHIBIT A 9 | P a g e 2 Background and Demographics PSF is an independent special purpose district legally formed under Chapter 52 of the Revised Code of Washington providing fire and rescue services to more than 60 square miles of urban, suburban and rural area. Services provided are delivered 24 hours per day, 365 days per year through career firefighters and support staff. Services delivered by the PSF include; fire suppression, fire prevention and code enforcement, fire investigations, emergency medical services (EMS), non-emergent medical services, hazardous materials response, specialized rescue services, emergency management services, and public education in fire prevention and life safety. The current service area includes all of the cities of Covington, Kent, and SeaTac, as well as unincorporated areas of King County within King County Fire District 37. Generally, PSF’s service area borders Renton and Tukwila to the north, Maple Valley to the east, Auburn to the south and Burien, Des Moines and Federal Way to the west. Current 2017 population of PSF service area is 182,145.1 For purposes of this plan, capital improvements are defined as real estate, structures or collective equipment purchases anticipated to have a cost of $5,000 or more and an expected useful life of at least 3 years. This update re-establishes the service level standards adopted by the PSF in its 2014 Standard of Cover (SOC) and evaluates existing and future service capacity. Fire service capacity is evaluated upon the ability of current deployed resources to meet established levels of service. Fire stations and their apparatus are evaluated to determine capacity. A fire station with three apparatus bays and the infrastructure required to support three or more emergency response units, has reserve capacity when only one unit and crew is deployed from that station. Also, a fire resource that meets its level of service objectives and is reliably available for service at least as often as it is expected to meet its level of service objective, has reserve capacity. The PSF’s goal is to deliver service at the adopted level of service (LOS) 9 times out of 10 or a service expectation that meets adopted standards 90% of the time. Fire service capacity is also measured with consideration of future growth and the fire service capacity that future growth will erode when built. This Plan identifies: • The current demographics of the PSF • The inventory of existing capital resources • The capital needs that have been implemented since adoption of the CFEP in 2014 • The recent historical performance to the adopted standards • The need for additional resources over the next six years • The funding plan to implement the needed resources through 2023. 1 Washington State Office of Financial Management April 2017 with estimates of fire district 37’s unincorporated area based upon housing counts and 3 persons per dwelling EXHIBIT A 10 | P a g e 2.1 SeaTac Service Area PSF provides fire based services to the City of SeaTac through a contract for service that began January 1, 2014. SeaTac’s area covers approximately 10 square miles surrounding the Port of Seattle Airport and has a 2017 population of 28,850. Three fire stations (two in 2018) owned by SeaTac are leased and operated by the PSF under the service contract. All other capital resources previously owned by SeaTac prior to 2014 have been transferred to the ownership of the PSF. As a condition of the service contract, SeaTac provides an annual capital payment to the PSF for funding the equipment that was transferred but has retained responsibility for the capital costs of fire stations. Consequently, this plan does not address capital fire station needs in the SeaTac service area. 3 Community Growth and Impacts of Growth 2018 – 2023 In the post-Great Recession years from 2010 to 2016, PSF’s population grew at its slowest 6-year rate in more than 30 years. Growth from new development during 2010 through 2015 averaged less than ¾ of 1 percent per year. Now in 2017, the Office of Financial Management reports the greatest year over year population growth since 2007 in Washington State resulting in a 2.62% population increase within the PSF service area. While growth seemed to be limited during the post-Great Recession years, the rate of emergency service demand over the same 6-year period grew from 15,626 service requests in 2010 to 19,765 (not including the City of SeaTac) in 2015. This is an annual incident growth rate of 3.5%. Incident growth with SeaTac; 2014 through 2016 was more than 15%. The total 7-year increase in service demand from formation of the RFA in 2010 through August 2017 is more than 72% with overall population growth of just 24%. Table 3 Population and Housing Growth Projections without SeaTac2 Service Area Housing Units Population Housing Units Population Housing Units Population Housing Units Population Housing Units Population Covington 4,203 13,783 6,368 18,480 6,964 19,850 8,074 21,679 10,294 29,342 Kent 32,488 79,524 46,417 121,400 47,294 127,100 50,551 135,853 57,275 153,923 King Co 9,950 27,362 2,015 5,542 2,203 6,345 2,406 6,414 2,711 7,226 Sub-Total 46,641 120,669 54,800 145,422 56,461 153,295 61,031 163,946 70,280 190,491 SeaTac 10,176 25,496 10,404 27,110 10,505 28,850 10,884 28,298 11,808 30,112 Total 56,817 146,165 65,204 172,532 66,966 182,145 71,915 192,244 82,088 220,603 2000 Actuals 2014 Actuals 2023 Estimates 2035 Estimates2017 Actuals The Puget Sound Regional Council’s regional plan “Vision 2040,” identifies Kent as both a residential and commercial/industrial growth center, making it likely that growth rates will continue at approximately 3% per year for the next 20 years. The table below provides both a low and high range estimate of commercial growth. Continued growth at the 2013 to 2017 rate is the “Low” estimate for 2023 and 2035, and the “High” estimate 2 Figures for 2000 to 2016 are actual counts from the Office of Financial Management, 2021 and 2035 are based upon OFM and Comprehensive Plan estimates of Covington and Kent EXHIBIT A 11 | P a g e more closely relates to market growth prior to the Great Recession and better represents current 2017 growth rates. Both of these estimates are dependent upon buildable lands and future market rates. Table 4 Commercial Growth Rates 2013 & 2016 with estimates for 2021 & 2035 Year 2013 2016 2021 2035 Low / High Commercial Growth in Square Feet 64,415,115 64,995,002 66,734,918 / 72,794,723 70,793,856 / 77,344,052 3.1 Impacts of Future Growth Two methods of growth projections have been used in Table 4 to determine the impacts of projected growth through 2035, the first utilizes the projected new units of the Covington and Kent Comprehensive Plans and the second utilizes the incident growth rates from 2010 through 2015 of 3.5% per year. The average of these two methods has been used to predict the future service demand as a result of growth. This method predicts service demand from the 2016 total incident count (excluding the SeaTac area) of 19,226, to an estimated growth of 22% or 23,464 incidents in 2021 and a 64% incident growth rate to 31,532 by 2035. 3.1.1 Growth Remains Consistent with the 2014 – 2033 Master CFEP The pattern of growth and estimates of future impacts on service demand are consistent with the 2014 Master plan and the resource needs projected in that plan. Table 5 Incident Growth Projections Type 2,015 2015 Total Incidents 2015 Incident Rate Per Unit 2021 Low Housing Commercial Unit Count 2021 High Housing Commercial Unit Count Average Projected Incident Count 2021 2035 Low Housing Commercial Unit Count 2035 High Housing Commercial Unit Count Average Projected Incident Count 2035 Housing Units 55,579 14,420 0.259 58,440 58,440 15,136 72,686 72,686 18,826 Commercial Space 64,995,002 4,807 0.074 66,734,918 72,794,724 5,159 70,793,856 90,993,003 5,982 Total Incidents 2015 Rates 19,227 20,295 24,808 Total Incidents -3.5% Growth Factor 19,277 26,633 38,256 Average of Both Methods 19,277 23,464 31,532 4 Current Capital Resources Capital resources for PSF consist of fire stations, fire apparatus (vehicles used for fire and rescue work), staff vehicles and the related equipment, tools and personal protection equipment needed to safely and legally provide fire and rescue services. 4.1 Influence of Public Protection Class Rating (PPC) In the early 1900s, major U.S. cities suffered disastrous fires that destroyed billions of dollars' worth of property. In the aftermath, insurance companies realized that they needed advance information on the fire-loss characteristics of individual communities. EXHIBIT A 12 | P a g e Since 1909, the Municipal Inspection and Grading System and its successors have been an important part of the underwriting and rating process for insurers writing personal and commercial fire policies. Washington State’s Survey and Rating Bureau (WSRB) service is a direct descendent of the earlier grading systems and is derived from the Insurance Services Office (ISO) rating system. The PPC program gives insurers credible data to help them develop premiums that fairly reflect the risk of loss in a particular location. In each Washington community, WSRB analyzes relevant data and then assigns a Public Protection Classification from 1 to 10. Class 1 represents exemplary public protection, and Class 10 indicates an area without fire protection. Insurance companies use PPC information to help establish fair premiums for fire insurance, generally offering lower premiums in communities with better protection. It is estimated that property owners in the PSF service area, save more than $30 million each year in reduced premiums compared to not meeting the ISO/WSRB’s minimum criteria. A community's PPC rating depends on: • Emergency Communications Systems: A review of the fire alarm/911 system accounts for 9% of the total classification. The review focuses on the community's facilities and support for handling and dispatching fire alarms. • Fire operations & deployment: A review of the fire department accounts for 40% of the total classification. The focus is on a fire agencies first-alarm response and initial attack to minimize potential loss. Here, WSRB reviews the adequacies of such items as engine companies, ladder or service companies, distribution of fire stations and fire companies, equipment carried on apparatus, pumping capacity, reserve apparatus, department personnel, and training. • Fire Safety Control: A review of the community having jurisdiction’s (Covington, Kent, King County SeaTac) ability to adopt and enforce effective building codes makes up 16% of the total PPC scoring. This is based upon the jurisdictions practices to adopt codes, train and staff personnel to enforce these codes and public awareness programs to their adopted building codes. Further evaluation looks at the process in place to review plans of new buildings to ensure structures are code compliant and ongoing inspections of existing buildings for code compliance. • Jurisdictional water supply: The jurisdictions water-supply system accounts for 35% of the total classification. WSRB reviews the water supply a community uses to determine the adequacy for fire- suppression purposes. They also consider hydrant size, type, and installation, as well as the inspection frequency and condition of fire hydrants. 4.1.1 Limitations of Deployed Resources to Preserve PPC Because one of the PPC rating criteria is the deployment of resource for fire protection, PSF must maintain the fire protection equipment staffing and deployment that supports its current PPC rating. PSF recognizes the cost savings that could be realized by deploying lighter, cheaper, more maneuverable response vehicles to respond to EMS emergencies but must first maintain the fire EXHIBIT A 13 | P a g e equipment that supports the PPC rating which provides more than $30 million annually in decreased insurance costs to the service area. To deploy both types of vehicles, additional staffing is required and currently, PSF does not have the funding to accomplish this type of deployment and will continue to maintain its firefighting resources first, to preserve or improve PPC ratings. 4.2 Fixed Facilities 4.2.1 Fire Stations Emergency services originate from eight fire stations located throughout the service area (not including SeaTac) as identified in the Table and map shown below. The average fire station is 28 years old with ages ranging from 9 to 53 years old with the capacity for three emergency response apparatus and is 14,675 square feet in size. Individual stations range in size from just under 8,000 to more than 26,000 square feet where training facilities are included. Currently only stations 71, and 74, maintain more than one front line response apparatus with minimum staffing levels. Seven of eight stations have some reserve capacity in the form of apparatus bays and dorm rooms. However, to utilize this capacity, additional climate controlled space is required to house reserve apparatus, alternative response vehicles, and equipment that is currently stored in existing apparatus bays now. 4.2.2 Support Facilities Support facilities include space and equipment for emergency management functions, fire- training, apparatus & vehicle maintenance, facilities maintenance, planning, information technology, CARES, logistics, and a roadway. An inventory of these facilities is found in Table 4 below. 4.2.3 Roadways - 72nd Ave South An unfinished segment of 72nd Ave S in the Kent valley was completed on June 28, 2017 and is a support facility to the PSF because previous analysis determined funding and building the roadway was more cost effective than building and staffing a fire station. This new route, avoids chronic response delays caused by traffic congestion associated with S 212th Street and SR 167 traffic at the East Valley Highway. PSF’s part in completing this section of roadway is funding $1.2 million of the project’s cost through a partnership with the City of Kent. PSF’s total cost is less than a single year’s cost of wages and benefits for personnel to staff a new fire station. EXHIBIT A 14 | P a g e Table 6: Fire Station & Support Facility Inventory Fire Station/Facility Location Size Built Yrs in Srvc Acquired Capacity Cond Acres Dorm Beds Station 71 504 West Crow Street 10,858 1964 53 2010 3.5 bays Fair 1.05 10 Station 72 25620 140th Ave SE 7,772 1982 35 2010 3 bays Fair 0.91 6 Station 73 26512 Military Road South 13,000 1990 27 2010 3 bays Good 4.69 9 Station 74 24611 116th Ave SE 26,653 1990 27 Lease 2010 3 Bays Good 8.66 17 Station 75 15635 SE 272nd Street 12,425 1990 27 Lease 2010 3 bays Good 4.18 14 Station 76 20676 72nd Ave S 13,104 1989 28 2010 3 bays Good 2.80 9 Station 77 20717 132nd Ave SE 15,900 2001 16 2010 3 bays Good 1.98 8 Station 78 17820 SE 256th Street 17,685 2009 8 2010 4 bays Good 3.10 10 Totals 117,397 221 27.37 83 Benson Station 21599 108th Ave SE 0 0 2010 0 Land 0.29 Valley Station 407 Washington Ave S 0 0 2008 0 Land 1.23 Totals 0.29 EM 24425 116th Ave SE 2,860 1963 54 2010 Good 0.23 Training Tower 24523 116th Ave SE 4,652 1990 27 Lease 2010 Good N/A Training Annex 24524 116th Ave SE 1,152 2005 12 2005 Poor N/A Apparatus Shop 20678 72nd Ave S 10,865 1989 28 2010 4 Bays Good N/A Logistics Center 8320 S 208th Street 20,000 1979 6 2013 Good N/A Sub-Total Totals 39,529 127 0.23 Total 156,926 27.89 83 Future Fire Station Sites Owned by KFDRFA Accesory Structures Owned, Maintained or Funded by KFDRFA Exhibit 1: PSF Service Area Map EXHIBIT A 15 | P a g e 4.3 Mobile Resources Specific inventories of mobile resources are found in the Appendices of this Plan. 4.3.1 Apparatus Life Cycle Policy Agencies with workload similar to the PSF utilize a life cycle for heavy apparatus of 10 years front line and 5 or 10 years in reserve status for a total in-service life of 15 or 20 years. Recent studies have shown that the maintenance cost and decreased residual value of 20 year old fire engines is less cost effective than shorter life cycles of 15 years. Because of this, PSF’s long-term policy will be to continue with a 10 year front line life cycle but shorten the reserve life cycle from 10 to 5 years. This shorter time in service, allows for significantly higher surplus values when apparatus are sold following their time in service. Studies show this also reduces overall maintenance costs, downtime, and provides greater savings than longer life cycles. 4.3.2 Fire Engines PSF fire engines are specialized apparatus equipped with pumps capable of up to 2,000 gallons per minute or more of fire flow when connected to a hydrant. They carry onboard water supplies of 500 gallons or more and a compliment of hoses, nozzles and firefighting equipment necessary to the extinguishment of fires. The current inventory of 8 front line fire engines has an average age of 12 years and average miles of 84,340. The six reserve engines have an average age of 20 years with average miles of 141,709. According to the National Fire Protection Association’s 2016 US fire needs assessment, only 43% of the nation’s fire engines are 15 years of age or older. 4.3.3 Quints A Quint is a multi-purpose apparatus or cross between a fire engine and a ladder truck. They are capable of pumping fire flows like a fire engine and are equipped with shorter ladders of 50 to 70 feet in length compared to the typical ladder trucks reach of 100 feet or greater. Ladder trucks do not carry or pump water. PSF has two Quint units with 65 foot ladders, one located at Station 76 in the industrial north end of the Kent Valley, and one at Station 75 near Covington. These two units are capable of delivering elevated master streams of water like a ladder truck and cost effectively augment PSF’s ladder trucks located at Stations 46 and 74. 4.3.4 Ladder Trucks Both front line ladder trucks are tillered, meaning they are built on a tractor-trailer platform. The trailer portion has steerable rear wheels that allow these units to maneuver into very tight locations with their more than 100 foot ladders. One is located at Station 74 and the other at Station 46. Apparatus 713, (Ladder 74) is 10 years old with over 68,000 miles, and 800 ladder hours. Apparatus 768 (Ladder 46) is two years old with 18,000 miles, making the average age of the two front line ladders 6 years old with average mileage of 43,000. Reserve apparatus 715 is 20 years old with over 93,000 miles and 1,214 ladder hours. EXHIBIT A 16 | P a g e 4.3.5 Aid Cars Aid Cars are licensed ambulances with extra equipment necessary to support the ir two- person staffing with basic firefighting tools and protective equipment.. These vehicles primarily respond to medical emergencies and augment fire staffing required to maintain the PSF’s Public Protection Class ratings. 4.3.6 Command and Staff Vehicles Command and staff vehicles are utilized to support both emergency and non-emergency operations of PSF. Command and staff vehicles are specially outfitted with equipment and communications equipment necessary to support the mission they are assigned to. 4.4 Equipment A full complement of special equipment is necessary for the delivery of fire and rescue services. Special equipment includes all of the equipment within fire stations or carried on fire engines and other apparatus that allow firefighters to safely and effectively deliver services. Table 9.1 provides a listing of the equipment maintained by PSF. 5 Standards of Service 5.1 Time and Origin of Standards Time to arrival at the scene of an emergency is critical in the survival of a non -breathing patient and the control of fire growth. The longer it takes trained fire personnel to arrive at the scene of an emergency, the greater the chance of poor outcomes regarding fire and life loss3. As a result, the standards identified herein adopted by PSF and are based upon industry best practices. Industry standards have been established by the National Fire Protection Association (NFPA) and the Center for Public Safety Excellence (CPSE). PSF’s level of service standards exceed the expectations established by these groups largely because of limited funding to deliver service. Compared to the NFPA, PSF’s level of service standards exceeds those of the NFPA in some cases by 1 minute and 40 seconds. 5.2 Emergency response Achievement of drive time standards are influenced by the location of fire service resources. If a service area is located too far from a fire station (poor distribution), it is unlikely that travel time objectives will be met. If distributed resources are over-used because of high demand, their capacity becomes “unreliable” to meet additional demand at adopted levels of service. Because of units becoming unreliable, units from farther away must respond in place of the busy home area unit, causing increases in arrival times. If too few resources exist, and fire resources from other fire departments are needed to backfill for busy units, the consequence is extended drive times, resulting in increased total response times and higher levels of risk for life and property loss. 3 See section 5 and of the Puget Sound Regional Fire Authority Mitigation and Level of Service Policy for additional detail and consequences of long response times. EXHIBIT A 17 | P a g e 5.3 Benchmark / Baseline Gap Performance and Relation to Staffing PSF uses adopted Benchmark performance levels as those levels of service to be achieved as capital facilities and resources are funded, deployed, and staffed. Baseline levels of service represent the actual performance achieved over the previous 5-years. PSF’s goal of capital planning is to close the gap between baseline and benchmark performance. The CPSE annually reviews PSF’s baseline performance to assure progress toward achieving benchmark expectations. Failure to progressively improve toward benchmark expectations can lead to loss of accredited agency status. The gap between the two performance standards (benchmark and baseline) should close as funding becomes available to implement the capital needs identified in the 2014 – 2033 PSF Master Capital Plan and this 2018 – 2023 six-year update of that Plan. Operational funding of additional staff is also required to close the resource gap. Where additional response stations and apparatus are required, PSF must also fund the annual operational cost of additional firefighters and support staff. 5.4 Components of Response Performance There are three measured components of “Total Response Time” and one currently unmeasured component as described below: 5.4.1 Alarm Handling Time Alarm handling is completed at Valley Communications Center, the public safety answering point (PSAP) agency available to PSF. Alarm handling is the total time elapsed from the pick-up of a 911 call until enough information is collected to dispatch appropriate resources. 5.4.2 Turnout Time Turnout refers to the total time it takes firefighters to discontinue their current task, assess dispatch information, don appropriate personal protective gear, and become safely seat-belted in the response apparatus and ready to begin their response. Turnout time ends and drive time begins when the response vehicle begins to move. 5.4.3 Drive Time Drive time begins when the response vehicle’s wheels begin to roll and ends once the response vehicle arrives at the curbside address of the dispatched incident. When added together, alarm handling plus turnout plus drive time equals total response time. 5.4.4 At Patient Side or Water on Fire Currently, the time it takes to move from curbside address to the location of the patient requiring assistance, or the time it takes to setup for firefighting operations until first water is applied to a fire is not tracked. Technology to track this critical time is just now becoming available. EXHIBIT A 18 | P a g e 5.5 Deployment and Measures of Response Resources The performance measure directly in PSF’s control is the “Dispatch to Arrival Interval” and consists of turnout + drive time. This measure assesses response time performance against two deployment practices, distribution and concentration. 5.5.1 Distribution Distribution refers to how fire stations and resources are distributed around a service area to achieve defined levels of service goals for first units to arrive. Distribution can be referred to as the “speed of attack” or the first unit to arrive. Achievements of first unit arrival time objectives indicate that fire stations are properly distributed throughout the service area. 5.5.1.1 Distribution / First unit to arrive - Service Capabilities: The first unit arriving at the scene of an emergency staffed with a minimum of 2 firefighters on an Aid Car, or 3 firefighters on an Engine, shall be capable of; establishing command; calling for additional resources; extending appropriate hose line(s); and/or beginning delivery of basic life support and/or rescue services. These operations are done in accordance with Department standard operating procedures while providing for the safety of the general public and responders. 5.5.2 Concentration Concentration refers to the number of resources that can be assembled or “concentrated” at the scene of an emergency. Concentration can be referred to as the “force of attack” or full first alarm assignment. Concentration resources need to provide the quantity of resources necessary to stop the escalation of an emergency. If an agency cannot distribute and concentrate adequate resources, fire and life loss will be higher when compared to the timely arrival of adequate resources. 5.5.2.1 Concentration / Minimum Effective Response Force The minimum effective response force (MERF) consists of the arrival of at least 3 apparatus with a minimum of 8 firefighters. The MERF is capable of: establishing command; providing an uninterrupted water supply; advancing an attack line and a backup line for fire control; complying with the Occupational Safety and Health Administration (OSHA) requirements of two-in and two-out; completing forcible entry; and searching and rescuing at-risk victims. These operations shall be done in accordance with the Department’s standard operating procedures while providing for the safety of responders and the general public. 5.5.2.2 Concentration / Full first alarm – Service Capabilities: The full first alarm resources arriving at the scene of an emergency staffed with between 5 to 28 firefighters depending upon the incident type. These resources shall be capable of; establishing command, providing an uninterrupted water supply, deploying hose lines for fire control and suppression, complying with the two in-two out law for firefighter rescue, completing forcible entry, ventilating smoke, controlling utilities, and/or rescuing and treating sick, injured, or at-risk victims. These operations are done in accordance EXHIBIT A 19 | P a g e with departmental standard operating procedures while providing for the safety of the general public and responders. 5.6 Benchmark and Baseline Level of Service Objectives: Table 7 establishes the service level objectives for; Alarm Handling, Firefighter Turnout, and drive times expectations of distribution (first unit) and concentration (MERF and ERF) performance. Benchmark levels of service are targeted for achievement as additional resources identified in this Plan and the Master CFEP are funded, implemented and staffed. Baseline performance objectives are the minimum levels of service PSF is currently capable of achieving and must be maintained or improved to retain status as an “Accredited Agency” through the Center for Public Safety Excellence. 5.6.1 Community Risk Types Performance expectations have been established for three community risk types, urban, suburban, and rural,4 with both benchmark and baseline objectives as shown in Table 5. 5.6.2 Performance Measured Washington State’s Chapter 52.33 RCW requires performance measures meaningful to flashover and brain death to be established, performed, and reported at the 90th percentile. If response times of 100 incidents were stacked from quickest to slowest, the time of the 90th incident is the time used to measure service delivery at 90%. 5.6.3 Performance Expectations The following two tables outline the standards adopted by the PSF for the two main categories of emergency incidents; those requiring donning of full firefighting “personal protective equipment” (PPE) shown in Table 7 below, and those emergency medical incidents that do not require full firefighting gear shown in Table 8 below. Donning firefighting gear is time consuming, and consequently longer turnout times are applied to Table 7. 4 See section 4.2.1.7 of the 2014-2033 PSF Capital Facilities and Equipment Plan. EXHIBIT A 20 | P a g e Table 7: Benchmark & Baseline Level of Service Objectives – Non-Medical Related 1st Unit 2nd Unit 3rd Unit MERF Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 1 min 25 sec 1 min 25 sec 90% Overall Benchmark Turnout 1 min 55 sec 1 min 55 sec 1 min 55 sec 1 min 55 sec 90% Base Turnout 2 min 30 sec 2 min 30 sec 2 min 30 sec 2 min 30 sec 90% Benchmark drive time 4 min 15 sec 5 min 55 sec 6 min 30 sec 8 min 55 sec 90% Base Drive Time 6 min 08 sec 6 min 54 sec 7 min 44 sec 16 min 21 sec 90% Total Benchmark Reflex 7 min 20 sec 9 min 00 sec 9 min 35 sec 12 min 00 sec 90% Total Baseline Reflex 9 min 03 sec 9 min 49 sec 11 min 39 sec 20 min 16 sec 90% 1st Unit 2nd Unit 3rd Unit MERF Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 1 min 25 sec 1 min 25 sec 90% Benchmark Turnout 1 min 55 sec 1 min 55 sec 1 min 55 sec 1 min 55 sec 90% Base Turnout 2 min 30 sec 2 min 30 sec 2 min 30 sec 2 min 30 sec 90% Benchmark Drive Time 4 min 35 sec 6 min 10 sec 6 min 45 sec 8 min 55 sec 90% Base Drive Time 4 min 40 sec 5 min 32 sec 7 min 00 sec 10 min 22 sec 90% Total Benchmark Reflex 7 min 40 sec 9 min 15 sec 9 min 50 sec 12 min 00 sec 90% Total Baseline Reflex 8 min 35 sec 9 min 27 sec 10 min 55 sec 14 min 17 sec 90% 1st Unit 2nd Unit 3rd Unit MERF Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 1 min 25 sec 1 min 25 sec 90% Benchmark Turnout 1 min 55 sec 1 min 55 sec 1 min 55 sec 1 min 55 sec 90% Base Turnout 2 min 30 sec 2 min 30 sec 2 min 30 sec 2 min 30 sec 90% Benchmark Drive Time 5 min 30 sec 6 min 10 sec 7 min 00 sec 9 min 55 sec 90% Base Drive Time 5 min 04 sec No Data No Data No Data 90% Total Benchmark Reflex 8 min 35 sec 9 min 15 sec 10 min 05 sec 13 min 00 sec 90% Total Baseline Reflex 8 min 59 sec No Data No Data No Data 90% Urban-an incorporated or un-incorporated area with a population of over 30,000 people and/or a population density of 2,000 people per square mile Suburban-an incorporated or un-incorporated area with a population of 10,000-29,999 and/or any area with a Rural –an incorporated or un-incorporated area with a population less than 10,000 people, or with a population Response Standards - PPE Required Includes all priority 100, 200, 400, 600, and 700 Incident types Table 8 Benchmark & Baseline Level of Service Objectives – Emergency Medical Service (EMS) Related 1st Unit Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 90% Overall Benchmark Turnout 1 min 45 sec 1 min 45 sec 90% Base Turnout 2 min 00 sec 2 min 00 sec 90% Benchmark drive time 4 min 15 sec 4 min 35 sec 90% Base Drive Time 5 min 02 sec 3 min 56 sec 90% Total Benchmark Reflex 7 min 10 sec 7 min 30 sec 90% Total Baseline Reflex 8 min 27 sec 7 min 21 sec 90% 1st Unit Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 90% Benchmark Turnout 1 min 45 sec 1 min 45 sec 90% Base Turnout 2 min 00 sec 2 min 00 sec 90% Benchmark Drive Time 4 min 35 sec 4 min 55 sec 90% Base Drive Time 4 min 50 sec 4 min 14 sec 90% Total Benchmark Reflex 7 min 30 sec 7 min 50 sec 90% Total Baseline Reflex 8 min 15 sec 7 min 39 sec 90% 1st Unit Balance of 1st Alarm Performance Benchmark Call Processing 1 min 10 sec 1 min 10 sec 90% Base Call Processing 1 min 25 sec 1 min 25 sec 90% Benchmark Turnout 1 min 45 sec 1 min 45 sec 90% Base Turnout 2 min 00 sec 2 min 00 sec 90% Benchmark Drive Time 5 min 30 sec 5 min 55 sec 90% Base Drive Time 6 min 38 sec 4 min 23 sec 90% Total Benchmark Reflex 8 min 30 sec 8 min 50 sec 90% Total Baseline Reflex 10 min 03 sec 7 min 48 sec 90% Response Standards - No PPE Required Urban-an incorporated or un-incorporated area with a population of over 30,000 Suburban-an incorporated or un-incorporated area with a population of 10,000- Rural –an incorporated or un-incorporated area with a population less than 10,000 EXHIBIT A 21 | P a g e 5.6.4 Resource Capacity Finally, resource capacity is evaluated. The fire service refers to this measure as “reliability” and is measured through “unit hour utilization” and the reserve availability of specific response units. If an emergency response unit was in its assigned location 24 hours a day and never called upon for service, it would have a unit hour utilization of 0.00% and reliability of 100%. But, if an emergency response unit is expected to provide a level of service performance at 90% or 9 times out of every ten requests, that unit must be available or “reliable” for providing service when called upon at least 90% of the time or it will likely fail in its performance expectation. Unit reliability is the best predictor of service capacity of deployed units. As workload or unit hour utilization increases, reliability decreases. Table 9: Response Unit Reliability Objectives 6 PSF Service Level Performance 6.1 Response Performance Findings Analysis of PSF’s historical response data reveals sub-standard performance compared to benchmark expectations. See Tables 7 & 8 Baseline Drive Time compared to Benchmark Drive Time. Several factors contribute to this current sub-standard performance. First, performance cannot be met during peak hours where workload and unit hour utilization is high and unit reliability is low. Second, some areas of PSF simply cannot be reached within the adopted time standards because of excess distance from a fire station or increasing traffic congestion. Finally, latencies in current communications and alerting systems extend firefighter turnout times beyond benchmark standards. 6.1.1 Reliability Measure Reliability is typically used as an indicator to monitor the need for additional resources. Reliability at or above 95% is considered to be reliable with reserve capacity. This is shown in Table 10 below as “Green.” As reliability falls below 95% (displayed as yellow) it is time to begin planning for the deployment of additional resources to handle the increasing workload. Reliability below 90% (displayed as red) often prevents reliable achievement of response standards. Those units with reliability displayed in red have high unit hour utilization and are considered in resource exhaustion and begin to impact surrounding fire station reliability by drawing in surrounding resources to cover for high unit hour utilization or resource exhaustion occurring during peak demand hours. This ripple effect of deficient reliability spreads outward with the consequence of longer response times because units must travel out of their home area to cover the deficient area. This ripple continues to spread during peak demand hours moving out to other fire stations and often to other jurisdictions. Minimum RELIABILITY Objectives Performance Type Urban Suburban Rural Minimum Peak Hour Unit Reliability 90% 90% 90% EXHIBIT A 22 | P a g e 6.1.2 Reliability & Mutual Aid The measure to which reliability impacts other jurisdictions is seen in automatic mutual aid balances. Currently PSF maintains a deficit in mutual aid with all but one of its surrounding neighbors because of the need to use more outside resources than can be repaid through services given back to these mutual aid neighbors. Table 10 Hourly Unit Reliability for the Year 20165 St 45 St 46 St 47 St 72 St 73 St 75 St 76 St 77 St 78 Hour E-45 L-46 E-47 A-70 A-71 E-71 E-72 E-73 A-74 E-74 L-74 Q-75 Q-76 E-77 E-78 0:00 92.33% 93.65% 97.82% 99.53% 89.19% 95.73% 95.63% 91.65% 97.80% 87.87% 98.64% 96.76% 95.29% 94.21% 96.91% 1:00 92.89% 93.47% 98.51% 99.81% 87.85% 94.49% 96.77% 91.99% 97.57% 89.01% 98.82% 96.83% 95.41% 95.45% 96.66% 2:00 91.22% 94.41% 98.88% 99.65% 88.19% 95.47% 98.09% 93.93% 96.92% 90.36% 97.95% 95.81% 95.85% 95.23% 96.77% 3:00 91.25% 95.03% 99.16% 99.59% 89.30% 96.49% 97.04% 92.59% 98.39% 91.15% 99.01% 96.96% 95.04% 94.04% 98.25% 4:00 92.96% 94.29% 98.27% 99.25% 91.37% 96.72% 96.63% 94.28% 97.93% 90.78% 98.90% 96.48% 95.50% 94.82% 97.81% 5:00 93.07% 94.88% 98.40% 99.83% 92.63% 96.12% 97.07% 94.84% 98.07% 89.48% 98.66% 96.00% 95.22% 93.83% 96.94% 6:00 92.19% 94.96% 98.93% 99.15% 90.26% 96.16% 96.86% 94.51% 98.10% 88.02% 98.08% 95.62% 92.15% 94.34% 97.72% 7:00 89.77% 95.01% 98.90% 99.38% 86.81% 93.14% 96.05% 92.26% 97.55% 87.18% 96.94% 95.55% 92.25% 92.62% 97.17% 8:00 90.20% 94.88% 98.92% 100.00% 85.92% 91.53% 94.20% 93.71% 98.03% 85.47% 97.04% 93.36% 92.06% 90.94% 94.81% 9:00 89.62% 94.33% 97.77% 99.76% 86.32% 89.82% 95.72% 92.93% 96.91% 85.68% 96.30% 94.17% 91.62% 91.22% 94.79% 10:00 89.89% 95.30% 97.55% 99.80% 83.83% 89.95% 94.91% 91.84% 96.49% 83.86% 96.29% 93.13% 90.49% 91.96% 96.11% 11:00 90.81% 93.42% 97.77% 99.88% 83.90% 91.18% 95.53% 91.28% 96.94% 82.97% 94.86% 93.68% 92.15% 92.47% 95.14% 12:00 89.49% 94.09% 96.96% 99.90% 83.13% 91.02% 95.07% 90.49% 97.35% 80.72% 94.62% 92.07% 91.04% 88.33% 94.00% 13:00 90.15% 94.56% 96.55% 99.25% 83.63% 91.23% 94.87% 91.34% 96.16% 80.07% 93.64% 91.53% 90.77% 91.69% 94.87% 14:00 89.77% 93.84% 97.57% 99.54% 81.34% 89.95% 93.33% 91.04% 97.66% 84.06% 93.53% 92.01% 90.02% 90.57% 96.10% 15:00 89.26% 94.23% 97.14% 99.76% 82.51% 88.70% 93.81% 89.53% 97.71% 81.92% 93.46% 92.41% 92.99% 90.75% 95.02% 16:00 88.57% 92.38% 97.14% 99.86% 82.87% 89.62% 91.94% 89.87% 97.30% 80.73% 94.61% 91.08% 92.08% 90.12% 95.18% 17:00 87.64% 92.70% 97.14% 99.54% 82.79% 91.15% 92.89% 88.65% 97.40% 81.12% 94.55% 89.56% 91.83% 88.18% 95.78% 18:00 88.31% 92.34% 95.77% 99.92% 81.66% 89.85% 93.21% 90.78% 96.47% 80.90% 93.08% 91.78% 92.71% 90.13% 93.54% 19:00 88.76% 92.24% 96.28% 99.60% 83.69% 90.89% 94.30% 89.96% 95.38% 81.84% 94.03% 92.12% 91.59% 89.28% 95.42% 20:00 87.62% 92.70% 96.86% 99.06% 83.87% 92.76% 92.56% 90.45% 95.42% 82.07% 95.46% 90.72% 93.02% 91.83% 96.71% 21:00 88.81% 91.28% 95.61% 99.03% 84.03% 92.61% 93.20% 89.30% 95.13% 82.97% 95.50% 94.25% 94.16% 90.74% 95.69% 22:00 89.29% 92.39% 96.25% 99.10% 84.00% 92.66% 94.69% 89.60% 96.48% 85.42% 97.60% 94.34% 94.53% 91.25% 95.82% 23:00 92.29% 95.74% 97.59% 99.38% 88.95% 96.24% 96.46% 94.10% 97.89% 89.78% 97.53% 96.03% 95.72% 94.33% 97.92% Total 90.26% 93.84% 97.57%95.03% 91.70%93.84% 93.06% 92.01% 96.05% Station 71 St 74 2016 Reliability of Existing Stations & Resources with Minimum Staffing 92.65%92.83% 7 Conclusion of Need for Capital Resources 2018 – 2023 The most concerning evidence of the need for capital resources is the overall reliability of all emergency response units displayed in Table 11 above. The only hour where PSF has unit reliability above 95% occurs at 5:00 am. All other hours of the day are yellow and red. From noon until 9:00 pm each day, resource exhaustion occurs with reliability below 90 percent. It is expected that in the current year 2017, reliability will further erode increasing resource exhaustion three additional hours each day with units unable to meet level of service expectations from 10:00 am until 10:00 pm, all of the peak demand hours for emergency response. 5 A reliability update will be provided in June of 2017 with the annual performance report. EXHIBIT A 23 | P a g e Nearly 1,000 new apartment units and 300 single family homes are currently permitted and under construction in 2017. Growth within the PSF service area is expected to continue at or close to the rates experienced prior to the Great Recession resulting in further declines in unit reliability and erosion of service capacity. This in turn, will lead to steady increasing total response times unless additional resources and the staffing they require can be funded and deployed. 7.1 Planned Capital Funding 2014 – 2033 The 2014 – 2033 PSF Capital Facilities and Equipment Master Plan identified the need for more than $87 million in capital investments to maintain fire service concurrency through 2033. The 2016 6 year plan explored two options to reduce the near term cost of capital. First, less expensive alternatives to some resources identified in the Master Plan have been chosen, next, modified life cycles of fire apparatus are expected to provide additional value to surplussed equipment that can assist in funding new capital. In total, this reduced the cost of some resources needed in the next 6 years but escalating construction costs and inflation have increased the total need for capital funding. The additional cost associated with PSF’s portion of funding construction of 72nd Ave South, and the cost of maintaining the apparatus and equipment transferred from SeaTac has been added into the total capital costs established in the Master Plan. Combined with the cost saving measures associated with the new apparatus life cycle plan the current cost of the total 2014 Master Plan has increased from $87.14 million to $95.47 million. 7.1.1 Planned Capital Purchases 2018 – 2023 The table below identifies the capital expenses to be incurred between 2018 and 2023 based upon the current known priorities and levels of service. Each year this table will be updated to reflect current known priorities and levels of service. EXHIBIT A 24 | P a g e Table 11: Six Year (2018-2023) Capital Costing Cost/Funding Source 2018 2019 2020 2021 2022 2023 Totals Station Construction & Land Purchase $40 $919 $923 $1,286 $4,540 $843 $8,552 Apparatus $1,283 $1,321 $1,872 $1,462 $1,017 $1,737 $8,692 Equipment $1,858 $642 $730 $470 $356 $378 $4,434 Asset Preservation $351 $363 $205 $195 $242 $100 $1,455 I.T. Capital $672 $86 $144 $146 $15 $15 $1,078 I.T Independence Capital $425 $40 $125 $218 $22 $2 $832 72nd Ave S Extension $120 $120 $120 $120 $120 $120 $720 Station debt expense $13 $13 $12 $11 $10 $9 $68 Annual Revenue to Capital $1,890 $1,947 $1,986 $2,050 $2,100 $2,130 $12,103 Taxpayer Bond Funds $0 $0 $0 $0 $0 $0 $0 Sale of Surplus Property/Equipment $253 $32 $98 $50 $284 $50 $767 Covington Impact/LOS Fees $600 $315 $515 $600 $750 $250 $3,030 Kent Impact Fees $850 $600 $850 $952 $960 $313 $4,525 Councilmatic Bonds $0 $0 $0 $0 $0 $0 $0 King County Radio Program $0 $0 $767 $0 $0 $0 $767 Apparatus Shop Overhead Fees $8 $8 $8 $8 $9 $9 $50 Decrease in Kent ILA for IT $0 $25 $75 $130 $130 $130 $490 SCBA Grant $0 $0 $0 $0 $0 $0 $0 Apparatus Grant $0 $0 $0 $0 $0 $0 $0 Burn Prop Grant $0 $0 $0 $0 $0 $0 $0 City of Kent - Land Swap-Partnership $0 $100 $100 $100 $200 $0 $500 SeaTac ILA Capital $1,168 $510 $522 $533 $544 $557 $3,834 Expense $4,761 $3,504 $4,131 $3,908 $6,322 $3,204 $25,830 Revenue $4,769 $3,537 $4,921 $4,423 $4,977 $3,438 $26,065 Balance $8 $40 $831 $1,346 $1 $235 $235 6 - Year Cost/Funding Sources for Capital Needs Costs in thousands based on 2017 dollars Summary of revenue less expenses Expense Sources Revenue Sources EXHIBIT A 25 | P a g e 7.2 Progress toward Planned Capital Purchases6 As a result of the Great Recession and the uncertainty of the economy during that time, PSF delayed some planned equipment purchases between 2014 and 2016 and placed funding toward the new Valley and Benson stations on hold. The Valley Station is now predicted to be completed in 2023 and the Benson station scheduled for opening in 2028. All asset preservation projects, equipment needs, and apparatus are now scheduled for funding and replacement through 2023. The 2014 – 2033 Master Capital Plan is funded through 2033 with the following assumptions: • Annual tax revenue to capital between 2023 – 2033 averages $2.46 million per year • Impact fee revenue between 2033 – 2033 averages $1.9 million per year 8 2018 – 2023 Capital Plan Effects on Impact Fees Impact fees are established in the PSF Mitigation and Level of Service Policy in Appendix A, using a formula based upon the cost of capital needs and service demand by property type. The policy requires updating along with the costs of annual capital plan updates. Total funding needs have increased because of this update, resulting in an increase in impact fees displayed in Table 12 below. Table 12: 2015 Impact Fees7 6 This plan will be supplemented with a capital summary including impact fee reports for both Covington and Kent, August 2018 7 C&E costs adjusted down in 2015 reflecting reduced size of proposed Station 80 Land Use Type System wide C&E Res/Com Split New Dev Share Impact & LOS Contribution Fee Single Family $95,468,923 73%90%$1,907.88 Multi Family $95,468,923 73%90%$1,796.04 COMM/IND $95,468,923 27%80%$1.55 HOSP/MED/CIV/SCH/CHUR $95,468,923 27%80%$1.03 ASSISTED CARE $95,468,923 27%80%$2.06 Usage Factor ERF Factor Projected New Units 2011 - 2035 LOS Formula Calculation Residential 58%1 42%1.3 19,068 living units 19,068 living units Commercial 30%3 12,000,000 sq ft 30%2 12,000,000 sq ft 40%3 12,000,000 sq ft EXHIBIT A 26 | P a g e 9 Capital Cost Summaries 9.1 Equipment Inventory, Life Cycle and Cost Total Equipment Type Quantity Avg Cost LifeCycle 2018 2019 2020 2021 2022 2023 Fire Hose 1249 $208 20-Yrs $10,831 $5,213 $19,348 $43,751 $3,093 $1,186 $83,422 Fire Hose Nozzles 160 $1,150 15-Yrs $13,400 $13,400 $13,400 $0 $0 $0 $40,200 Self-Contained Breathing Apparatus (SCBA)137 $3,895 10-Yrs $586,977 $0 $0 $0 $586,977 SCBA Air Bottles 292 $870 10-Yrs $249,523 $0 $0 $0 $0 $0 $249,523 SCBA Misc -Masks, SABA Fill Stations NA NA 10-Yrs $310,392 $0 $0 $0 $310,392 Ballistic Vests 160 $525 5-Yrs $50,000 $13,125 $13,125 $5,250 $0 $5,250 $86,750 Ops Mobile Radios 55 $5,200 10-Yrs $0 $0 $5,200 $5,200 $5,200 $5,200 $20,800 Ops Portable Radios 168 $3,900 10-Yrs $23,400 $7,800 $7,800 $7,800 $7,800 $7,800 $62,400 Personal Protective Gear - Fire 350 $3,100 10-Yrs $244,420 $211,633 $249,076 $125,721 $149,938 $201,471 $1,182,259 Personal Protective Gear - Haz-Mat 20 $3,400 8-Yrs $20,000 $0 $20,000 $0 $20,000 $0 $60,000 Haz-Mat Equipment 76 $5,808 3+Yrs $97,350 $101,200 $100,430 $63,470 $46,640 $32,340 $441,430 Small Equipment 188 NA 3+Yrs $71,753 $96,843 $106,043 $91,343 $100,353 $59,990 $526,325 Defibrillators 20 $11,000 10-Yrs $0 $0 $60,000 $60,000 $0 $0 $120,000 Fuel Pumps 8 $25,000 25-Yrs $0 $25,000 $25,000 $25,000 $0 $25,000 $100,000 Above Ground Fuel Tanks 4 $15,000 25-Yrs $0 $0 $0 $0 $0 $0 $0 Steri Lifts 2 $17,000 20-Yrs $17,000 $0 $0 $0 $0 $17,000 $34,000 Forklifts 3 $35,200 15-Yrs $0 $35,200 $0 $0 $0 $0 $35,200 Steam Cleaner 1 $17,325 20-Yrs $0 $17,325 $0 $0 $0 $0 $17,325 Whole Shop Compressor 1 $14,053 20-Yrs $14,053 $0 $0 $0 $0 $0 $14,053 Thermal Imaging Cameras 12 $9,837 10-Yrs $20,000 $30,000 $30,000 $20,000 $10,000 $10,000 $120,000 Fire Training Burn Props 2 NA 10-Yrs $48,000 $0 $0 $0 $0 $0 $48,000 Ground Ladders $0 Water Rescue Equipment $0 Emergency Mgt/ECC Coms & Computer Equip 38 NA 5+$13,200 $18,480 $13,200 $13,200 $13,200 $13,200 $84,480 Technical Rescue Equipment $0 Hydrant Retrofit (storz connections)5000 $235 40-yrs $67,253 $67,253 $67,253 $8,772 $0 $0 $210,531 $1,857,552 $642,472 $729,875 $469,507 $356,224 $378,437 $4,434,067 $4,434,067 6 - Year (2018 - 2023) Special Equipment Costs 6 - Year Total 9.2 Asset Preservation Costs Station 2018 2019 2020 2021 2022 2023 Total 71 $12 $15 $54 $40 $40 $15 $176 72 $0 $94 $33 $0 $15 $0 $142 73 $40 $80 $40 $63 $40 $15 $278 74 $15 $12 $0 $0 $0 $0 $27 75 $53 $73 $40 $40 $40 $15 $261 76 $80 $33 $12 $40 $40 $40 $245 77 $50 $31 $8 $12 $67 $15 $183 78 $101 $25 $18 $0 $0 $0 $144 Emer Mgmt $0 $0 $0 $0 $0 $0 $0 App Shop $0 $0 $0 $0 $0 $0 $0 Training $0 $0 $0 $0 $0 $0 $0 Admin $0 $0 $0 $0 $0 $0 $0 Total $351 $363 $205 $195 $242 $100 $1,455 Capital Improvements Neccesary to Maintain Existing Assets EXHIBIT A 27 | P a g e 9.3 IT Capital Costs Fire Equipment Quantity Avg Cost LifeCycle 2016 2017 2018 2019 2020 2021 Totals Mobile Data Computers 40 $3,000 5-Yrs $28 $45 $45 $30 $30 $30 $208 Desktop PC's 200 $1,000 5-Yrs $40 $40 $40 $40 $40 $40 $240 Laptops/Tablets 60 $1,400 4-Yrs $21 $21 $21 $21 $21 $21 $126 ESO Field Tablets 25 $2,500 4-Yrs $63 $0 $0 $0 $63 $0 $125 iPads for Tablet Command 20 $1,200 3-Yrs $1 $1 $1 $24 $1 $1 $30 Wensoft-Sales Pad 1 $0 $75 $0 $0 $0 $0 $75 Command Unit Mods 2 $0 $15 $0 $0 $0 $0 $15 IT Life Cycle Capital $153 $197 $107 $115 $155 $92 $819 IT Independence Project NA Variable $0 $595 $100 $0 $40 $110 $845 $153 $792 $207 $115 $195 $202 $1,6646 Year Total 6 - Year (2016 - 2021) Special Equipment Costs in Thousands of 2016 Dollars Equipment Description Quantity Avg Cost LifeCycle 2018 2019 2020 2021 2022 2023 Totals Mobile Data Computers 50 $6,000 5-Yrs $50 $0 $0 $0 $0 $0 $50 Desktop PC's 200 $1,000 5-Yrs $40 $40 $40 $40 $0 $0 $160 Laptops/Tablets 60 $1,400 4-Yrs $15 $21 $21 $21 $0 $0 $78 ESO Field Tablets 25 $1,500 4-Yrs $15 $0 $62 $0 $63 $0 $140 iPads for Tablet Command 30 $1,200 3-Yrs $36 $0 $0 $40 $0 $0 $76 ESO Enhancements System 4-Yrs $0 $5 $5 $5 $5 $5 $25 ValleyCom SQL Project for Tablet Command 7-Yrs $0 $70 $0 $0 $0 $0 $70 Dedicated wifi for SKCFTC 5-Yrs $0 $5 $0 $0 $0 $0 $5 Mobile Device Management 5-Yrs $0 $15 $0 $0 $0 $0 $15 Telestaff upgrade to SQL Server 5-Yrs $0 $11 $0 $0 $0 $0 $11 Regionalization Support 5-Yrs $0 $30 $20 $15 $10 $10 $85 FDCARES-Planning data management and analysis 5-Yrs $0 $350 $0 $0 $0 $0 $350 IT Independence Project NA Variable $425 $40 $125 $218 $22 $2 $832 6 Year Total $581 $587 $273 $339 $100 $17 $1,897 6 - Year (2018 - 2023) Special Equipment Costs in Thousands of 2017 Dollars 9.4 Fixed Facility Construction Projects Station Project 2016 2017 2018 2019 2020 2021 Totals 64th Ave $0 $43 $1,088 $86 $1,473 $2,876 $5,566 Benson $50 $12 $12 $12 $12 $227 $325 Riverview $0 $0 $0 $0 $0 $0 $0 Covington $0 $0 $0 $0 $0 $0 $0 75 Move $0 $0 $0 $0 $0 $0 $0 Yearly Totals $50 $55 $1,100 $98 $1,485 $3,103 $5,891 6-Year Contstruction Cost Summary and Timline in Thousands of Dollars Station Project 2018 2019 2020 2021 2022 2023 Totals 64th Ave $0 $875 $838 $1,072 $3,638 $699 $7,122 Benson $40 $44 $44 $44 $344 $44 $561 Riverview $0 $0 $0 $0 $0 $0 $0 Covington $0 $0 $0 $0 $0 $0 $0 75 Move $0 $0 $0 $0 $0 $0 $0 Yearly Totals $40 $919 $882 $1,116 $3,983 $744 $7,683 6-Year Contstruction Cost Summary and Timline in Thousands of Dollars EXHIBIT A 28 | P a g e 9.5 Apparatus Funding Schedule Unit Type 2016 2017 2018 2019 2020 2021 Totals Aid Car/Ambulances $0 $123 $261 $0 $123 $0 $507 Fire Engines $672 $868 $838 $996 $824 $1,030 $5,228 Has-Mat Vehicles $0 $0 $0 $0 $0 $0 $0 Flood / Water Rescue $42 $0 $0 $0 $3 $0 $45 Ladder Trucks $0 $0 $0 $319 $319 $319 $957 Light Trucks $0 $52 $0 $0 $181 $0 $233 Pump Test/Generator $0 $0 $0 $0 $0 $0 $0 Command/Staff Cars $0 $171 $47 $165 $47 $146 $576 Staff Support Cars $0 $117 $28 $38 $148 $114 $445 Utility Trailers $0 $0 $0 $0 $0 $0 $0 Ops Support Units $0 $0 $0 $0 $0 $0 $0 Tender $0 $0 $0 $0 $0 $0 $0 Skyboom - Quint $0 $0 $0 $0 $0 $0 $0 $714 $1,331 $1,174 $1,518 $1,645 $1,609 $7,991 6 Year (2016 - 2021) Apparatus Costs EXHIBIT A 29 | P a g e 10 Inventories 10.1 Apparatus Inventory & Funding Schedule Unit # Year Unit Type 2018 2019 2020 2021 2022 2023 Totals 21 2000 SUV $0 $0 $48 $0 $0 $0 $48 22 2003 SUV $0 $75 $0 $0 $0 $0 $75 24 2006 SUV $0 $0 $0 $0 $0 $33 $33 115 1997 Engine $227 $227 $227 $227 $0 $0 $908 116 1998 Aid $134 $134 $0 $0 $0 $0 $268 117 2000 Engine $227 $227 $227 $227 $0 $0 $908 702 2003 Aid $0 $268 $0 $0 $0 $0 $268 703 2003 Aid $0 $0 $268 $0 $0 $0 $268 704 2005 Aid $0 $0 $0 $0 $0 $268 $268 705 2007 Aid $0 $0 $0 $0 $0 $0 $0 706 2001 Engine $0 $0 $0 $0 $0 $279 $279 707 2003 PU $0 $0 $0 $0 $0 $59 $59 708 2001 Engine $0 $0 $0 $0 $279 $279 $558 715 1996 Ladder $0 $0 $352 $352 $352 $352 $1,408 738 2011 PU $0 $0 $0 $0 $0 $45 $45 763 1994 Utility Tr $0 $0 $0 $0 $0 $3 $3 764 1995 PU $0 $0 $40 $0 $0 $0 $40 765 2000 Boat Tr $0 $0 $3 $0 $0 $0 $3 766 2001 Engine $0 $0 $193 $193 $193 $193 $772 767 2001 Engine $0 $0 $193 $193 $193 $193 $772 768 2014 Ladder $0 $0 $0 $0 $0 $0 $0 769 2016 Engine $127 $0 $0 $0 $0 $0 $127 770 2016 Engine $127 $0 $0 $0 $0 $0 $127 771 2016 Engine $172 $172 $0 $0 $0 $0 $344 777 Rescue Boat $43 $0 $0 $0 $0 $0 $43 778 2017 SUV Bat $0 $0 $0 $0 $0 $0 $0 7100 2008 PU $0 $0 $44 $0 $0 $0 $44 7101 2007 Shelter Tr $0 $0 $0 $0 $0 $0 $0 7102 2006 SUV $48 $0 $0 $0 $0 $0 $48 7104 2006 SUV $0 $0 $0 $72 $0 $0 $72 7106 2007 SUV $0 $0 $0 $33 $0 $0 $33 7107 2012 Cross $0 $0 $0 $0 $0 $33 $33 7122 2006 SUV $48 $0 $0 $0 $0 $0 $48 7202 2008 Cross $0 $0 $33 $0 $0 $0 $33 7204 2008 PU $0 $0 $0 $41 $0 $0 $41 7205 2008 PU $0 $0 $44 $0 $0 $0 $44 7206 2008 Cross $0 $0 $0 $32 $0 $0 $32 7608 1998 Cross $0 $40 $0 $0 $0 $0 $40 7610 2000 Car $0 $0 $32 $0 $0 $0 $32 7619 2001 Mini Van $0 $0 $0 $30 $0 $0 $30 7620 2001 Car $0 $0 $0 $32 $0 $0 $32 7625 2000 Mini Van $0 $0 $0 $30 $0 $0 $30 7628 1997 Mini Van $0 $0 $33 $0 $0 $0 $33 7630 1999 Cross $0 $0 $41 $0 $0 $0 $41 7633 2000 PU $0 $0 $32 $0 $0 $0 $32 7634 2000 PU $0 $0 $32 $0 $0 $0 $32 7636 2000 Mini Van $0 $0 $30 $0 $0 $0 $30 9904 2006 SUV $0 $48 $0 $0 $0 $0 $48 TBD 2018 Brush Truck $130 $130 $0 $0 $0 $0 $260 $1,283 $1,321 $1,872 $1,462 $1,017 $1,737 $8,692 6 Year Replacement Schedule Total Annual Cost EXHIBIT A This page intentionally left blank. Agenda Item: Consent Calendar 8T TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Adopting 2019-2024 Capital Improvement Plan – Adopt SUMMARY: Per procedures established in KCC 12.02, the Capital Facilities Element of the Comprehensive Plan is amended concurrently with the adoption or amendment of the City’s budget to reflect the updated 2019-2024 Capital Improvement Plan. This process assures that the comprehensive plan remains relevant and up-to-date. The 2019-2024 Capital Improvement Plan identifies a six-year plan for capital improvement projects, including costs and revenue sources. EXHIBITS: Ordinance, with Exhibits RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACTS: As described STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____, amending the Capital Facilities Element of the Kent Comprehensive Plan to reflect the 2019-2024 Capital Improvement Plan. This page intentionally left blank. 1 Comprehensive Plan Amendment to the Capital Facilities Element for 2019-2024 Capital Improvements ORDINANCE NO.________ AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital improvement projects (2019-2024) (CPA-2017-7). RECITALS A. The State of Washington Growth Management Act (GMA) requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget. C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code (KCC), allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the City’s budget. As part of these procedures the City Council may hold the 2 Comprehensive Plan Amendment to the Capital Facilities Element for 2019-2024 Capital Improvements public hearing instead of the Land Use and Planning Board. KCC 12.02.010. D. The City of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the Comprehensive Plan to identify a six-year plan for capital improvement projects, including costs and revenue sources. E. On September 18, 2018, the City provided the State of Washington the required 60 day notification under RCW 36.70A.106 of the City’s proposed amendment to the Capital Facilities Element of the Comprehensive Plan. The 60 day notice period has passed. F. On September 19, 2018, the City’s SEPA responsible official issued a SEPA Addendum to existing environmental documents consisting of the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement (EIS) Draft and Final (ENV-2010-3) and the Downtown Subarea Action Plan Supplemental EIS Draft and Final (ENV-2012-30). The SEPA Addendum explained that the proposed amendment would not create unavoidable impacts beyond those previously identified in the EIS. G. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on October 16, 2018, to consider the six-year plan for capital improvements and the requested amendment to the Comprehensive Plan and its Capital Facilities Element. H. On November 20, 2018, the City Council for the City of Kent approved the Capital Facilities Element amendment to the Kent 3 Comprehensive Plan Amendment to the Capital Facilities Element for 2019-2024 Capital Improvements Comprehensive Plan (CPA-2017-7) to reflect a six-year plan for capital improvement projects (2019-2024). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The City of Kent Comprehensive Plan and its Capital Facilities Element are hereby amended to reflect a six-year plan for capital improvement projects (2019-2024), as set forth in Exhibit “A” attached and incorporated by this reference (CPA-2017-7). SECTION 2. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. 4 Comprehensive Plan Amendment to the Capital Facilities Element for 2019-2024 Capital Improvements DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 2019-2024 Pg October 23, 2018 2 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 3 CAPITAL IMPROVEMENT PROGRAM 2019-2024 SUMMARY PROJECTS AND FUNDING Capital project costs for the City’s 2019-2024 capital planning period total $185.7 million and are funded with City, utility and other resources, as illustrated in the following tables. Additional details follow. Summary Sources 2019 2020 2021-2024 Total City Resources 15,873 16,251 49,545 81,669 Utility Resources 27,315 14,185 62,266 103,766 Other Resources 250 0 0 250 Total - in thousands 43,438 30,436 111,811 185,685 Summary Costs 2019 2020 2021-2024 Total General Government 5,385 4,550 6,200 16,135 Parks, Rec & Comm Services 3,671 4,663 13,531 21,865 Transportation 7,067 7,038 29,814 43,919 Utilities 27,315 14,185 62,266 103,766 Total - in thousands 43,438 30,436 111,811 185,685 4 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N CAPITAL IMPROVEMENT PROGRAM OPERATING IMPACT OF MAJOR CIP PROJECTS The impact of a capital project on the operating budget is a key factor in considering the inclusion of a project in the six-year plan. The operating costs of a project, and any savings resulting from the project, are captured in the Operating Budget. SOURCES OF FUNDS—in thousands SO U R C E S O F F U N D S 2019 2020 2021 2022 2023 2024 Total Sources of Funds City Resources 15,873 16,251 12,549 12,331 12,380 12,285 81,669 Utility Resources 27,315 14,185 14,715 15,669 16,245 15,637 103,766 Other Resources 250 - - - - - 250 Total Sources of Funds 43,438 30,436 27,264 28,000 28,625 27,922 185,685 2019 2020 2021 2022 2023 2024 Total City Resources accesso ShoWare Fund 299 - - - - - 299 Business & Occupation Tax 7,041 6,994 7,445 7,415 7,385 7,355 43,635 CRF General 5,086 6,050 1,750 1,650 1,650 1,550 17,736 CRF REET 2 341 369 319 218 286 308 1,841 Golf Fund 80 1,294 - - - - 1,374 Sale of Land (1,500) (1,500) Solid Waste Utility Tax 3,026 3,044 3,035 3,048 3,059 3,072 18,284 Total City Resources 15,873 16,251 12,549 12,331 12,380 12,285 81,669 Utility Resources Drainage Revenues 5,491 5,371 5,605 5,957 5,944 5,925 34,293 Drainage Fund Balance 6,000 - - - - - 6,000 Sewer Revenues 2,705 3,187 3,177 3,169 3,153 3,140 18,531 Water Revenues 5,619 5,627 5,933 6,543 7,148 6,572 37,442 Water Fund Balance 7,500 - - - - - 7,500 Total Utility Resources 27,315 14,185 14,715 15,669 16,245 15,637 103,766 Other Resources KC Levy 250 - - - - - 250 Total Other Resources 250 - - - - - 250 Total Sources of Funds 43,438 30,436 27,264 28,000 28,625 27,922 185,685 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 5 CAPITAL IMPROVEMENT PROGRAM SUMMARY BY SOURCE 2019-2024 2019-20 SOURCES BY TYPE 6 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N CAPITAL IMPROVEMENT PROGRAM PROJECTS—in thousands PR O J E C T S B Y C A T E G O R Y 2019 2020 2021 2022 2023 2024 Total Projects General Government 5,385 4,550 1,550 1,550 1,550 1,550 16,135 Parks, Rec & Comm Services 3,671 4,663 3,519 3,318 3,386 3,308 21,865 Transportation 7,067 7,038 7,480 7,463 7,444 7,427 43,919 Utilities 27,315 14,185 14,715 15,669 16,245 15,637 103,766 Total Projects 43,438 30,436 27,264 28,000 28,625 27,922 185,685 2019 2020 2021 2022 2023 2024 Total General Government accesso ShoWare Center 599$ 300$ 300$ 300$ 300$ 300$ 2,099$ Facilities 2,350 2,000 - - - - 4,350 Fleet 186 - - - - - 186 Technology 2,250 2,250 1,250 1,250 1,250 1,250 9,500 Total General Government 5,385 4,550 1,550 1,550 1,550 1,550 16,135 Parks, Rec & Comm Services Golf 80 1,294 200 100 100 - 1,774 Parks and Recreation 3,591 3,369 3,319 3,218 3,286 3,308 20,091 Total Parks, Rec & Comm Svcs 3,671 4,663 3,519 3,318 3,386 3,308 21,865 Transportation Site Improvements 7,067 7,038 7,480 7,463 7,444 7,427 43,919 Total Transportation 7,067 7,038 7,480 7,463 7,444 7,427 43,919 Utilities Water Supply & Distribution 2,705 3,187 3,177 3,169 3,153 3,140 18,531 Sewer 11,491 5,371 5,605 5,957 5,944 5,925 40,293 Stormwater Management 13,119 5,627 5,933 6,543 7,148 6,572 44,942 Total Utilities 27,315 14,185 14,715 15,669 16,245 15,637 103,766 Total Projects 43,438$ 30,436$ 27,264$ 28,000$ 28,625$ 27,922$ 185,685$ 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 7 CAPITAL IMPROVEMENT PROGRAM SUMMARY BY CATEGORY 2019-2024 2019-20 BY CATEGORY FUNCTION - 10,000 20,000 30,000 40,000 50,000 2019 2020 2021 2022 2023 2024 $ in Thousands General Government Parks, Rec & Comm Services Transportation Utilities 8 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT—in thousands GE N E R A L G O V E R N M E N T 2019 2020 2021 2022 2023 2024 Total Sources of Funds CRF General 5,086$ 4,550$ 1,550$ 1,550$ 1,550$ 1,550$ 15,836$ accesso ShoWare Fund Balance 299 299 Total Sources of Funds 5,385 4,550 1,550 1,550 1,550 1,550 16,135 Projects Facilities City Buildings 2,000 2,000 4,000 City Hall Patio Repairs 200 200 Security Fence at Corrections/Court 150 - - - - - 150 Total Facilities Projects 2,350 2,000 - - - - 4,350 Fleet Fleet Vehicle Lifts 186 - - - - - 186 Total Fleet 186 - - - - - 186 accesso ShoWare Center Building Extension for Storage 100 100 Carpet (Admin)23 23 Carpet (Suite Level)110 110 Carpet (T-Birds)35 35 Club Tables 40 40 Concession Stand Rebranding 75 75 Dehumidification Unit 2 Repair 60 60 Interior/Exterior Trash Cans & Recycle Bins 50 50 Magnetometer Walk through Metal Detectors 90 90 Plaza Audio 10 10 Refrigerator Freezer for Kitchen 50 50 Roof Door 6 6 Scorebord Front End Control Equipment 80 80 Show Power Step Down Transformer 30 30 Utility Cart Repair 20 20 Wi Fi 120 120 Unallocated - - 300 300 300 300 1,200 Total accesso ShoWare Center 599$ 300$ 300$ 300$ 300$ 300$ 2,099$ 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 9 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT CONTINUED—in thousands GE N E R A L G O V E R N M E N T 2019 2020 2021 2022 2023 2024 Total Technology HLC 17-18 Mobile Router Replacement -$ -$ 20$ 22$ 24$ 27$ 93$ HLC 17-18 Server Replacement 50 50 60 60 67 73 360 HLC 17-18 Telephony 75 100 50 53 58 64 400 HLC 17-18 Wireless Infrastructure Refresh 20 22 24 27 93 HLC 21-24 Connected Conference Room 25 28 30 33 116 HLC16-18 Data Center 75 75 80 90 100 110 530 HLC16-18 Network Refresh 400 50 60 63 69 642 HLC16-18 Security 100 200 110 120 130 150 810 HLC16-18 Storage Expansion 30 33 36 40 139 HLC16-18 UPS 25 30 30 33 37 155 HLC16-18 Virtualization Infrastructure Refresh 75 82 91 100 348 SLC18-20 Admin Sys Repl Rsrvs 28 84 40 30 30 30 241 SLC18-21 PD Sys Repl Reserves 110 334 130 130 130 100 934 SLC18-21 Law Sys Repl Reserves 28 84 40 30 30 30 241 SLC18-22 HR Sys Repl Reserves 55 167 70 70 64 50 476 SLC18-23 Fin Sys Repl Reserves 83 251 90 90 70 70 653 SLC18-26 PW Sys Repl Reserves 55 84 70 70 60 50 389 SLC18-26 PRCS Sys Repl Resrvs 28 167 40 30 30 30 325 SLC18-27 Court Sys Repl Resrvs 28 84 40 30 30 30 241 SLC18-27 ECD Sys Repl Reserves 55 167 70 70 60 50 472 SLC18-28 Clerk Sys Repl Resrvs 55 167 70 70 60 50 472 SLC18-29 IT Sys Repl Reserves 28 84 40 30 30 30 241 ALPR/Automated License Plate Reader 95 95 Jail Camera Replacement 242 242 Multimedia Asset Management (MAM) 75 75 Traffic Network Upgrade 400 400 Intrusion Detection/Prevention System 150 150 Collaboration Tool Procurement 50 50 Network Pen Testing 80 80 City Services Kiosk (pilot) 36 - - - - - 36 Total Technology Projects 2,250 2,250 1,250 1,250 1,250 1,250 9,500 Total General Government Projects 5,385$ 4,550$ 1,550$ 1,550$ 1,550$ 1,550$ 16,135$ 10 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N CAPITAL IMPROVEMENT PROGRAM PARKS, RECREATION & COMMUNITY SERVICES—in thousands PA R K S 2019 2020 2021 2022 2023 2024 Total Sources of Funds CRF REET2 341$ 369$ 319$ 218$ 286$ 308$ 1,841$ B&O Square Footage 3,000 3,000 3,000 3,000 3,000 3,000 18,000 King County Levy 250 250 Golf Fund Balance 80 1,294 1,374 CRF General 1,500 200 100 100 1,900 Sale of Land (1,500) (1,500) Total Sources of Funds 3,671 4,663 3,519 3,318 3,386 3,308 21,865 Projects Golf Projects Golf Clubhouse Renovations 40 34 74 Golf Course Accessories 100 100 Golf Course Renovations/Improvements 510 100 100 100 810 Golf Driving Range Renovations 40 40 Golf Irrigation System Upgrades - 650 100 - - - 750 Total Golf Projects 80 1,294 200 100 100 - 1,774 Parks and Recreation Projects Clark Lake Park Development 240th 200 1,768 1,968 Place Making - Burlington/Kaibara 300 300 Place-Making - Kherson Urban Play 250 250 Place-Making - Meeker /Town Square Plaza 300 300 Garrison Creek Park Renovation 400 400 Gateways 50 50 GR Trail/Van Doren's Park Design 900 900 Hogan Park at Russell Road Reno. Ph II 500 500 Huse/Panther Lake Community Park 200 200 KLVT - Old Fishing Hole Improvements 300 300 KVLT - Boeing Rock Improvements 300 300 KVLT - Downey 250 250 KVLT - Interurban Trail, 3 Friends Fishing Hole 500 500 KVLT - Milwaukee 2 279 279 Lake Fenwick Park Renovation - Phase II 2,000 2,000 Masterplans 40 40 40 40 40 40 240 Mill Creek Earthworks Renovation 1,100 2,000 3,100 Mill Creek Trail Renovation 678 500 1,178 Morrill Meadows Expansion Phase 2 1,150 1,150 NPRP - Chestnut Ridge Playground 166 166 NPRP - Salt Air Vista 201 201 NPRP - Scenic Hill Park Renovation 246 246 Parks Land Acquisition 500 500 500 500 2,000 Service Club Park Loop Trail 250 250 Springwood Park Renovation - 2,063 1,000 - - - 3,063 Total Parks and Recreation Projects 3,591 3,369 3,319 3,218 3,286 3,308 20,091 Total Projects 3,671$ 4,663$ 3,519$ 3,318$ 3,386$ 3,308$ 21,865$ 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 11 CAPITAL IMPROVEMENT PROGRAM TR A N S P O R T A T I O N TRANSPORTATION—in thousands 2019 2020 2021 2022 2023 2024 Total Sources of Funds Solid Waste Utility Tax 3,026$ 3,044$ 3,035$ 3,048$ 3,059$ 3,072$ 18,284$ Business & Occupation Tax 4,041 3,994 4,445 4,415 4,385 4,355 25,635 Total Sources of Funds 7,067 7,038 7,480 7,463 7,444 7,427 43,919 Projects B&O In-house Overlays 250 250 250 250 250 250 1,500 B&O Street Contracted 1,284 2,944 3,505 3,598 3,560 3,523 18,414 Panther Lake Signal System Integration 400 400 Residential Street Contracted 2,776 2,794 3,145 3,165 3,184 3,204 18,268 Residential Street Capital 250 250 250 250 250 250 1,500 Safe Route to School Meridian Elementary 100 100 Street Lights - New 200 200 200 200 200 200 1,200 Traffic Cameras - New (Capital)130 130 Transportation Master Plan 300 200 500 Willis Street and 4th Roundabout 1,907 1,907 Total Projects 7,067$ 7,038$ 7,480$ 7,463$ 7,444$ 7,427$ 43,919$ 12 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N CAPITAL IMPROVEMENT PROGRAM UT I L I T I E S UTILITIES—in thousands 2019 2020 2021 2022 2023 2024 Total Sources of Funds Water Revenues 5,619$ 5,627$ 5,933$ 6,543$ 7,148$ 6,572$ 37,442$ Use of Water Fund Balance 7,500 7,500 Sewer Revenues 2,705 3,187 3,177 3,169 3,153 3,140 18,531 Drainage Revenues 5,491 5,371 5,605 5,957 5,944 5,925 34,293 Use of Drainage Fund Balance 6,000 6,000 Total Sources of Funds 27,315 14,185 14,715 15,669 16,245 15,637 103,766 Projects Water Supply & Distribution 224th St Phase II (224th-228th (88th-94th)450 450 Clark Springs Transmission Main Evaluation 10 10 Clark Springs Well 12 12 E. Hill Pressure Zone 1,500 1,000 2,000 4,500 Emergency Power 212th 200 200 Garrison O'Brien Treatment Plant 1,000 1,000 Guiberson Reservior Repair 1,500 1,000 3,000 4,500 10,000 Habitat Conservation Plan Implementation 1,222 413 420 242 250 256 2,803 Kent Springs Well Rehab 75 75 Landsburg Mine 790 804 466 1,063 3,123 Misc Water Improvements 500 500 500 500 500 500 3,000 Pump Station #3 Replacement 400 400 Pump Station #4 Upgrade 500 500 Reservoir Maintenance & Improvements 100 100 Security Improvements on Water Sites 150 50 28 50 50 31 359 Tacoma Pipeline 50 50 50 50 50 50 300 Water Generators 1,000 1,000 Water Main Repairs/Replacements 1,000 1,000 1,000 1,000 1,000 1,000 6,000 Water System PLC Upgrades 35 35 35 35 35 35 210 Wellhead Protection 200 200 200 200 200 200 1,200 West Hill Reservoir 8,200 - - 500 1,000 - 9,700 Total Water Supply & Distribution 13,119 5,627 5,933 6,543 7,148 6,572 44,942 Sewer Comprehensive Sewer Plan 500 500 Derbyshire 500 2,677 3,177 Linda Heights Pump Station 1,205 1,205 Misc. Pump Station Replacements 1,000 1,000 1,000 3,000 Misc. Sewer 500 500 500 500 500 500 3,000 Sewer Main Replacements/Relining 1,669 1,653 1,640 4,962 Skyline Sewer Interceptor 500 2,187 - - - - 2,687 Total Sewer 2,705$ 3,187$ 3,177$ 3,169$ 3,153$ 3,140$ 18,531$ 20 1 9 - 2 0 2 4 C A P I T A L I M P R O V E M E N T P R O G R A M | CI T Y O F K E N T , W A S H I N G T O N 13 CAPITAL IMPROVEMENT PROGRAM UT I L I T I E S UTILITIES CONTINUED—in thousands 2019 2020 2021 2022 2023 2024 Total Stormwater Management 132nd Ave Drainage 100$ 100$ 144th Ave Drainage Improvements - 250 250 2,000 2,500 224th Street Phase I 300 300 228th Joint Utility Trench 1,000 1,000 BNSF Grade Separation - Drainage 500 500 County Road 8 600 200 800 Downey Farmstead 400 250 650 Drainage Master Plan 500 500 300 1,300 Frager Rd Levee 300 200 200 700 GRNRA Maint. Improvements 250 1,000 2,000 3,250 GRNRA Pump Station 250 1,000 1,000 1,000 4,375 7,625 GRNRA S Pump Station 3,000 3,000 Kent Airport Levee 200 100 100 400 Lake Fenwick Aeration 300 300 Lower Russell Road Levee 250 250 500 Mill Creek @ 76th Ave Flood Protection 191 1,000 1,191 Mill/Garrison/Spring/Grn. River & Tribs 250 250 Milwaukee II Levee 200 100 300 Misc Drainage 1,000 300 300 300 300 300 2,500 Misc. Environmental 1,000 1,000 N Fork Meridian Valley Culvert 100 300 1,000 1,400 Pipe replacements/roadway improvements - 821 500 907 644 1,000 3,872 S 224th St. Phase 2 500 500 Upper MIll Creek Dam 500 500 Vactor Site Improvements 150 150 Valley Channel Rehabilitation 500 500 1,705 2,500 5,205 Valley Creek System CLOMR 400 100 - - - - 500 Total Stormwater Management 11,491 5,371 5,605 5,957 5,944 5,925 40,293 Total Utilities Projects 27,315$ 14,185$ 14,715$ 15,669$ 16,245$ 15,637$ 103,766$ This page intentionally left blank. ECONOMIC and COMMUNITY DEVELOPMENT Kurt Hanson, Director PTANNING SERVICES Erin George, AICP, Current Planning Manager Phone:253-856-5454 Fax: 253-856-6454KENT WASHTNGToN Address: 220 Fourth Avenue S Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRON M ENTAL IM PACT STATEM ENT Responsible Official: Erin George, AICP Staff Contact: Hayley Bonsteel, AICP SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment of the Capital Facilities Element of the Comprehensive Plan to include the City's 2Ot8-2024 Capital Improvement Program (CIP). This amendment to the Capital Facilities Element is occurring concurrently with the adoption of the City's 20L9-20 biennial budget as provided by RCW 36.704.130. The GMA requires cities and counties to approve and maintain a six (6) year capital facilities plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. Kent's biennial budget document and six-year CIP fulfill the GMA requirement for facilities planning. In addition, these documents serve as a foundation for the city's fiscal management and eligibility for grants and loans. The CIP, biennial budget and Capital Facilities Element of the Comprehensive Plan provide coordination among the city's many plans for capital improvements and guide and implement the provisions for adequate public services and facilities. The six-year CIP is a funding mechanism to implement projects and programs identified in the City's Comprehensive Plan. Specifically, the Capital Facilities Element of the Comprehensive Plan contains goals and policies related to the provision and maintenance of public services and capital facilities which are necessary to support the projected growth over the next twenty (20) years. The goals and policies of the Capital Facilities Element are consistent with the Land Use, Transportation and Parks and Recreation Elements. The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement EIS, draft and final, as well as the Downtown Subarea Action Plan Planned Action Supplemental EIS, draft and final, evaluated the growth potential as identified in the City's Comprehensive Plan. The adoption of the six-year CIP concurrently with the city's biennial budget is consistent with the Comprehensive Plan EIS and Downtown Subarea Action Plan Supplemental EIS analyses as the types of projects and Comprehensive Plan EIS - Addendum Capital Improvement Program 2079-2024 programs identified in the CIP are spec¡fically related to the growth projections in the Comprehensive Plan, EIS and SEIS, SEPA Colvpr-rRrucr On February L3,2OtO, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Midway Subarea Plan and Planned Action Ordinance as well as different concepts for growth elsewhere in the Kent Planning Area (ENV-2010-3). The City solicited public comment on the scope of the DEIS during the comment period as well as through a February 22, 2010 open house meeting. A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2OL0 for the Draft Midway Subarea Plan and Draft Planned Action Ordinance, as well as a Proposal for alternative growth strategies at a programmatic level for the Kent Planning Area. The DEIS was distributed to City Council and Land Use & Planning Board members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on Scptcmbcr 1, 2011. On October 9, 20t2, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Downtown Subarea Action Plan Update (ENV-2012-30). The City solicited public comment on the scope of the DEIS during the comment period, as well as through an open house meeting. A Draft Supplemental Environmental Impact Statement (DSEIS) was issued on June 21, 2OL3 for the Draft Downtown Subarea Action Plan, amendments of Comprehensive Plan Land Use and Zoning Districts maps, development regulations, Planned Action and Infill Exemption Ordinances, as well as alternative growth strategies at a programmatic level for the Kent Planning Area and Midway Subarea. The DSEIS was distributed to City Council and Land Use & Planning Board members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DSEIS were solicited and reviewed, a Final Supplemental Environmental Impact Statement (FSEIS) was issued and distributed on October 4,2013. This Addendum to the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS evaluates the adoption of the six-year CIP. No additional impacts are identified since the CIP implements projects and programs within the scope of impacts evaluated in the EIS and SEIS. SrRI¡I',I erur oF CoNSISTENcY Future projects associated with the CIP will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, International Fire Code, International Building Code, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. Page 2 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2019-2024 EIT¡vIROru¡¡eNTAL REVIEW - BAcKGRoUND The City of Kent has followed the process of phased environmental review asit undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Nonproject Documents An EIS prepared for a comprehensive plan, development regulation , or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC t97-tL-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitígation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision-making process (WAC L97-L1-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Future projects identified and associated with the implementation of the Capital Improvement Program may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action on October 22, 2010 (#ENV-2010-3). The DEIS analyzed alternative growth strategies at a programmatic level for the Kent Planning Area, as well as adoption of the Midway Subarea Plan and a planned action ordinance to cover a portion of the Midway Subarea, and recommended mitigation measures, which were used in preparing subarea plan policies. A Final Environmental Impact Statement (FEIS) was issued on September 1, ZOLL, and the Midway Subarea Plan, Land Use Plan and Zoning Districts Map amendments, and development regulations were adopted by the City Council on December 13, 20tt. The City of Kent issued a Draft Supplemental Environmental Impact Statement (DSEIS) for the City of Kent Downtown Subarea Action Plan Planned Action on June 21, 20L3 (#ENV-2012-30). The DSEIS analyzed alternative growth strategies for the Downtown Subarea, adoption of the Downtown Subarea Action Plan, amendments of Comprehensive Plan Land Use and Zoning District maps, development regulations, Planned Action and Infill Exemption Ordinances, as well as alternative growth strategies at a Page 3 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2Ot9-2024 programmatic level for the Kent Planning Area and Midway Subarea. The DSEIS also recommended mitigation measures, which were used in preparing subarea plan policies. A Final Supplemental Environmental Impact Statement (FSEIS) was issued on October 4, 2OL3, and the Downtown Subarea Action Plan, amendments to the Comprehensive Plan Land Use and Zoning Districts maps, and amendments to development regulations within the General Commercial-Mixed Use zoning district were adopted by the City Council on November L9, 2OL3. The City Council adopted the Downtown Subarea Planned Action and Infill Exemption Ordinances on December 10, 2013. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This analysis builds upon the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the City of Kent Downtown Subarea Action Plan Planned Action SEIS but does not substantially change the identified impacts and analyses; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11- 600(a)(c). EruvrRorrrv rNTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, draft and final, and the Downtown Subarea Action Plan Planned Action SEIS, draft and final. Further, subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific cond itions. The adoption of the six-year CIP implements goals and policies identified in the City's Capital Facilities Element of the Comprehensive Plan. Specifically, the CIP implements the following: Goal CF-7 - As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. Policy CF-7.2 - Ensure that public services and capital facilities needs are addressed in updates to Capital Facilities Plans and Capital Improvement Programs, and development regulations as appropriate. Policy CF-7.3 To ensure financial feasibility, provide needed public services and facilities that the City has the ability to fund, or that the City has the authority to require others to provide. Goal CF-10 Ensure that appropriate funding sources are available to acquire or bond for the provision of needed public services and facilities. Page 4 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2079-2024 SuvvRRv AND RECoMMENDATToN Suu¡rRRv Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substant¡ve mitigation under the State Environmental Policy Act. This nonproject act¡on has been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action SEIS. Drctstorrr The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, draft and final, and the City of Kent Downtown Subarea Action Plan Planned Action SEIS, draft and final, provided analyses with regard to the implementation of the Comprehensive Plan elements, goals and policies. This includes the implementation of the Capital Facilities Element and Capital Improvement Programs. The City has reviewed the 2019-2024 CIP and has found it to be consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the City of Kent Downtown Subarea Action Plan Planned Action SEIS. The adoption of the six- year CIP does not substantially change any identified related impacts in the EIS or SEIS. This analysis and subsequent addendum did not identify any new significant impacts associated with the adoption of the 2OL9-2024 CIP. Therefore, this addendum, combined with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the City of Kent Downtown Subarea Action Plan Planned Action SEIS adequately evaluate potential adverse environmental impacts and provide appropriate mitigation for this nonproject action. Based upon this analysis, a separate threshold determination is not required. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future projects identified in the CIP in accordance with the guidelines provided by WAC T97-LL. Dated: September 19, 2018 Signature: Erin George, AICP, Respo ible Official HB:sm S:\Perm¡t\Plan\COMP_PLAN_AMENDMENTS\2018\City 6-Year CIP\CIP_SEPA_Addendum2OL9-2024.doc Page 5 of 5 This page intentionally left blank. Agenda Item: Consent Calendar 8U TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Amending KCC 3.18.020 – Internal Utility Tax – Adopt SUMMARY: Currently, 15.38% of the City’s internal utility tax is allocated to the payment of debt in the other capital projects fund (previously known as the 2% internal utility tax). This portion is scheduled to sunset on January 1, 2023, or on the first day of the year following the date the debt in this fund is fully retired, whichever occurs first. The current estimated date to fully retire the debt is December 2020, which would sunset the tax on January 1, 2021. The 15-year General Fund forecasts presented at Council retreats and budget road show meetings included the continuance and re-allocation of this portion of the internal utility tax. It is one piece of the overall strategy to mitigate the upcoming reduction in revenues, commonly referred to as the City’s “fiscal cliff”. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____ relating to internal utility taxes, amending Kent City Code 3.18.020 to remove the sunset of 15.38% of the internal utility tax collected, and to reallocate the funds generated from the 15.38% internal utility tax to the general fund once the other capital projects fund debt is retired. This page intentionally left blank. 1 Utility Tax Eliminate Sunset Allocate to General Operations ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 3.18.020, entitled “Certain utilities subject to tax,” to eliminate the sunset of the allocation of certain internal utility taxes to the payment of debt in the City’s other capital projects fund, and to reallocate the these internal utility taxes to the general fund once the debt in the other capital projects fund is retired. RECITALS A. KCC 3.18.020(A)(6)(b) allocates 15.38 percent of the City’s internal utility tax to the payment of debt in the City’s other capital projects fund. This portion of the internal utility tax is scheduled to sunset on January 1, 2023, or on the first day of the year following the date the debt in this fund is fully retired, whichever occurs first. B. The current estimated date to fully retire the debt in this fund is December 2020, which would sunset the tax on January 1, 2021. 2 Utility Tax Eliminate Sunset Allocate to General Operations C. The city has a demonstrated need to increase funds available for general operations in 2021. The City is facing a significant reduction in revenue, commonly referred to as the City’s “fiscal cliff,” when, in October of 2019, it will no longer receive approximately $5 million of streamlined sales tax mitigation, and in June of 2020, it will no longer receive $4.7 million of annexation sales tax credit. Coupled with an ongoing structural imbalance of $2 million, the expected impact is a loss of $11.7 million to the City. D. To partially offset this reduction in revenues, this ordinance eliminates the sunset of this internal utility tax, and, when the other capital projects fund debt is retired, reallocates those monies to the City’s general fund. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. Section 3.18.020 of the Kent City Code, entitled “Certain utilities subject to tax,” is hereby amended as follows: Sec. 3.18.020. Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, the city levies upon all persons, firms, or corporations (including the city) engaged in certain business activities a utilities tax to be collected as follows: 1. Upon every person, firm, or corporation engaging in or carrying on any telephone business within the city, an annual tax equal to six percent of the total gross income, including revenues from intrastate toll, 3 Utility Tax Eliminate Sunset Allocate to General Operations derived from the operation of such business within the city. This six percent tax will be allocated as follows: 4.7 percent to the general fund, 0.3 percent to youth/teen programs, and one percent to street improvement programs. 2. Upon every person, firm, or corporation engaging in or carrying on a business of selling, wheeling, furnishing, distributing, or producing gas, whether manufactured or natural, for commercial or domestic use or purposes, a fee or tax equal to six percent of the total gross income from such business in the city during the tax year for which the license is required. This six percent tax will be allocated as follows: 4.7 percent to the general fund, 0.3 percent to youth/teen programs, and one percent to street improvement programs. 3. Upon every person, firm, or corporation engaged in or carrying on the business of selling, wheeling, furnishing, or distributing electricity for light and power, a fee or tax equal to six percent of the total gross income from such business in the city during the tax year for which a license is required. This six percent tax will be allocated as follows: 4.7 percent to the general fund, 0.3 percent to youth/teen programs, and one percent to street improvement programs. 4. Upon every person, firm, or corporation engaged in or carrying on the business of providing cable television services, a tax equal to six percent of the total gross income from that business in the city during the tax year for which the license is required. All revenue received from this tax must be applied only to funding the city’s information technology department operations and capital projects budgets in the proportion determined by the city council in its biennial budget, including all amendments. 4 Utility Tax Eliminate Sunset Allocate to General Operations 5. Upon every person, firm, or corporation engaging in or carrying on a business providing solid waste collection services, a tax equal to 18.4 percent of the total gross income from such business in the city during the tax year for which the license is required. This 18.4 percent tax will be allocated as follows: 6.5 percent to the general fund, 0.3 percent to youth/teen programs, one percent to street improvement programs, and 10.6 percent to maintain and repair residential streets, including related impacts to curbs, gutters, sidewalks, and other road amenities, including crosswalks along with necessary appurtenances, and improvements related to residential traffic calming, but this 10.6 percent portion of the solid waste utility tax shall not be used to expand, extend, or widen existing residential streets or to build new residential streets. The amount used from this fund for neighborhood traffic calming devices and crosswalks shall not exceed $150,000 in any year. 6. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing water services, a tax equal to 13 percent of the total gross income from that business in the city during the tax year; upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing sewer services, a tax equal to 9.5 percent of the total gross income from that business in the city during the tax year; and upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing drainage services, a tax equal to 19.5 percent of the total gross income from such business in the city during the tax year. Unless otherwise directed by the city council in its budget process, the total of these tax revenues will be allocated as follows: 43.85 percent to the general fund for the use as allocated in the city’s budget; 30.77 percent to the capital resources fund, subject to the limitations provided in subsection (A)(6)(a) of this section; 15.38 percent dedicated solely to the repayment and elimination of debt in the city’s “other capital projects” fund subject to 5 Utility Tax Eliminate Sunset Allocate to General Operations the limitations provided in subsection (A)(6)(b) of this section; 7.69 percent to street improvement programs; and 2.31 percent to youth/teen programs. a. Unless otherwise allocated by council, these funds must be applied equally to (i) information technology capital programs directed at funding long- and short-term hardware and software replacement, and (ii) street capital programs, but further restricted to funding street maintenance, repair, and signage only. b. The 15.38 percent internal tax allocation will be dedicated to the city’s capital resources fund for the sole purpose of retiring all debt in the city’s other capital projects fund; however, in any event this portion of the tax shall be eliminated onprovided, starting January 1, 2023, or on the first day of the year following the date the debt in this the other capital projects fund is fully retired, whichever occurs first, this internal tax allocation will be dedicated to the general fund for use as provided for in the city’s budget. B. In computing the tax provided in subsection (A) of this section, the taxpayer may deduct from total gross income the following items: 1. The actual amount of credit losses and uncollectible receivables sustained by the taxpayer. 2. Amounts derived from transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and Constitution of the United States. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 6 Utility Tax Eliminate Sunset Allocate to General Operations SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from the time of passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Agenda Item: Other Business 9A TO: City Council DATE: November 20, 2018 SUBJECT: 2018 Property Tax Levy Ordinance for the 2019 Budget – Adopt SUMMARY: This ordinance levies a property tax increase of 1.0%, which includes an increase of 1 percent on property, new construction and adjustments over the prior year. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____ establishing the property tax levy for the year 2019 of the 2019-2020 biennial budget. This page intentionally left blank. 1 Property Tax Levied (1%) 2019 Budget Ordinance ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2018 property taxes for the 2019 biennial budget for the City of Kent. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held public hearings on September 18, 2018, and October 16, 2018, to consider the City of Kent's budget for 2019, to address the City’s property tax levy to be imposed in 2018 for collection in 2019, and to review revenues and limit factors. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy, requires the adoption of a separate ordinance specifically authorizing the increase in terms of both dollars and percentage. C. Pursuant to RCW 84.52.010 and WAC 458-19-020, taxes shall be levied in specific dollar amounts. 2 Property Tax Levied (1%) 2019 Budget Ordinance NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2. – Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent, Washington, a tax for the City's 2019 budget in the following amount for the General Fund, for the purpose of paying the general expenses of municipal government: Levy per $1,000 of assessed valuation Fund (estimated) Dollar Amount General Fund $1.5006 $30,755,540 This property tax levy represents a 1.0% increase over last year as shown below. 2019 Regular Property Tax Levy $30,755,540 Less 2018 Regular Property Tax Levy (30,067,316) Less New Construction Levy (342,560) Less Refund Levy (44,991) Property Tax Increase $ 300,673 % Change 1.0% 3 Property Tax Levied (1%) 2019 Budget Ordinance SECTION 3. - Limitation on Levy. The application of the General Fund levy shall be consistent with and shall not result in tax revenue in excess of the limitation imposed by RCW sections 84.55.010 and 84.55.0101. SECTION 4. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. - Effective Date. This ordinance shall take effect and be in force January 1, 2019, which is more than five days after its publication, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY This page intentionally left blank. Agenda Item: Other Business 9B TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Amending KCC 3.28.020 – B&O Tax Rate Change – Adopt SUMMARY: The City is facing a significant reduction in revenue, commonly referred to as the City’s “fiscal cliff,” when, in October of 2019, it will no longer receive approximately $5 million of streamlined sales tax mitigation, and in June of 2020, it will no longer receive $4.7 million of annexation sales tax credit. Coupled with an ongoing structural imbalance of $2 million, the expected impact is a loss of $11.7 million to the City. The Mayor and City Council have held numerous public meetings in an effort to engage the public regarding the issues facing the City budget as well as the potential for an increase to the City’s business and occupation tax. The 15-year General Fund forecasts presented at those meetings included a series of business and occupation and square footage tax rate increases beginning January 1, 2020. The series of increases is one piece of the overall strategy to mitigate the upcoming reduction in revenues and address an ongoing structural imbalance. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None. STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____ relating to business and occupation taxes, amending Kent City Code 3.28.050 to increase gross receipt and square footage taxes starting in 2020, and amending section 3.28.130 to clarify the allocation of revenues derived from business and occupation taxes. This page intentionally left blank. 1 Amend Ch. 3.28 KCC - B&O Rates and Allocations ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 3.28.050 of the Kent City Code, entitled “Imposition of the tax – Tax or fee levied,” to increase gross receipts rates and square footage tax and establish a gross receipts cap on retailing, and Section 3.28.130 of the Kent City Code, entitled “Limitation of revenue received,” to clarify the allocation of revenues derived by Chapter 3.28 of the Kent City Code. RECITALS A. In 2012, the City enacted a business and occupation tax and a square footage tax. B. In 2017, the City increased its square footage tax effective January 1, 2019, and dedicated the increase in revenue to capital needs. C. Kent’s current business and occupation tax rates are below those of many other cities that utilize the tax. In addition, the threshold of revenue at which a business owes the business and occupation tax is $250,000 per year, which is a higher threshold than all but two cities in the state of Washington. Approximately 45 percent of Kent businesses are below the threshold and do not owe any business and occupation tax. 2 Amend Ch. 3.28 KCC - B&O Rates and Allocations D. The City is facing a significant reduction in revenue, commonly referred to as the City’s “fiscal cliff,” when, in October of 2019, it will no longer receive approximately $5 million of streamlined sales tax mitigation, and in June of 2020, it will no longer receive $4.7 million of annexation sales tax credit. Coupled with an ongoing structural imbalance of $2 million, the expected impact is a loss of $11.7 million to the City. In the event the legislature reallocates streamlined sales tax mitigation funds to the City, the amount of those funds will be unknown and will be subject to modification or termination at the will of the legislature. As a result, even if the legislature restores some amount of streamlined mitigation funding, the City will be unable to reliably depend on this funding source. E. The Mayor and City Council have held numerous public meetings in an effort to engage the public regarding the issues facing the City budget as well as the potential for an increase to the City’s business and occupation tax. Meetings where the budget and/or the business and occupation tax as well as other revenue issues have been discussed occurred as follows: February 2-3, 2018, Council retreat; March 9, 2018, Council retreat; March 27, 2018, Budget Road Show; April 21, 2018, Budget Road Show; May 17, 2018, Budget Road Show; July 13, 2018, special Council workshop; September 18, 2018, budget hearing; September 25, 2018, special Council meeting/Mayor’s budget presentation; September 25, 2018, special Council workshop; October 6, 2018, special Council workshop; October 9, 2018, special Council workshop; October 16, 2018, Council workshop; and the October 16, 2018, budget hearing. F. In addition to the numerous public meetings and hearings regarding issues facing the City budget as well as the potential for an increase to the City’s business and occupation tax, the City maintained a 3 Amend Ch. 3.28 KCC - B&O Rates and Allocations FAQ page on its website, asked residents to share feedback, and asked individuals to sign up for email notifications regarding the budget process. G. The City has a low level of service and staffing for a city of its size. The City’s number of employees per 1,000 residents has remained constant since 2011. Notwithstanding this, in her 2019-2020 budget instructions, the Mayor directed non-public safety departments funded by general revenues to identify expense reductions totaling at least $2.1 million for 2020. Even with these reductions and $2.2 million of other sustainable revenue increases, the City’s general fund revenues are insufficient to cover expected expenses. H. After extensive consideration, the Council has determined that the business and occupation tax and square footage tax rate should be increased beginning January 1, 2020, in order to help fund the general operations of the City and that funds derived from the increases should be dedicated for that purpose. The revenue generated from the original tax rates established in 2012 will continue to be dedicated to street improvements and projects, and program administration. I. Even with the implementation of the rates set forth in this ordinance, Kent business and occupation tax rates for manufacturing and retailing will remain at fifty percent of the statutory maximum. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 4 Amend Ch. 3.28 KCC - B&O Rates and Allocations ORDINANCE SECTION 1. – Amendment. Section 3.28.050 of the Kent City Code, entitled “Imposition of the tax – Tax or fee levied,” as amended by Ordinance 4242 and later amended by Section 1 of Ordinance 4260, is hereby amended effective January 1, 2019, as follows: 3.28.050 Imposition of the tax – Tax or fee levied. (Effective January 1, 2019) Except as provided in subsection (C) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city, whether the person’s office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against the gross proceeds of sale, gross income of business, or value of products, including byproducts, and by application of rates against the square footage of business office or facility space within the city, as the case may be, as follows: A. Gross receipts tax. 1. Upon every person engaging within the city in business as an extractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of 0.152 hundredths of one percent (0.00152) through December 31, 2021, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January 1, 2022. The measure of the tax is the value of the products, including byproducts, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 5 Amend Ch. 3.28 KCC - B&O Rates and Allocations 2. Upon every person engaging within the city in business as a manufacturer, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, manufactured within the city, multiplied by the rate of 0.046 hundredths of one percent (0.00046) through December 31, 2021, and multiplied by the rate of 0.100 hundredths of one percent (.001) effective January 1, 2022. The measure of the tax is the value of the products, including byproducts, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 3. Upon every person engaging within the city in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.152 hundredths of one percent (0.00152) through December 31, 2019, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January 1, 2020. 4. Upon every person engaging within the city in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.046 hundredths of one percent (0.00046) through December 31, 2021, and multiplied by the rate of 0.100 hundredths of one percent (.001) effective January 1, 2022. 5. Upon every person engaging within the city in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) 6 Amend Ch. 3.28 KCC - B&O Rates and Allocations processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.046 hundredths of one percent (0.00046) through December 31, 2021, and multiplied by the rate of 0.100 hundredths of one percent (.001) effective January 1, 2022. 6. Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of 0.152 hundredths of one percent (0.00152) through December 31, 2021, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January 1, 2022. 7. Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 0.152 hundredths of one percent (0.00152) through December 31, 2021, and multiplied by the rate of 0.200 hundredths of one percent (0.002) effective January 1, 2022. This subsection includes, among others, and without limiting the scope hereof (whether or not title to material used in the performance of such business passes to another by accession, merger, or other than by outright sale), persons engaged in the business of developing or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. Square footage tax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, or other place of business within the city for purposes of engaging in business activities in the city, 7 Amend Ch. 3.28 KCC - B&O Rates and Allocations the tax shall be measured by the number of square feet of warehouse business floor space or other business floor space for each office, warehouse, or other place of business leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. 1. Subject to the reductions established in subsection (B)(6) of this section, the amount of the tax due shall be equal to the sum of the number of square feet of business warehouse floor space for each business warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of $0.06 quarterlyrate for each calendar year listed below, and the number of square feet of other business floor space for each office or other place of business leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of $0.02 quarterlyrate for each calendar year list below. Effective Date Business Warehouse Floor Space Other Business Floor Space 1/1/2019 0.06 quarterly rate 0.24 annual rate 0.02 quarterly rate 0.08 annual rate 1/1/2020 0.09 quarterly rate 0.36 annual rate 0.02 quarterly rate 0.08 annual rate 1/1/2025 0.12 quarterly rate 0.48 annual rate 0.02 quarterly rate 0.08 annual rate 1/1/2028 0.15 quarterly rate 0.60 annual rate 0.03 quarterly rate 0.12 annual rate 2. For purposes of this section, business warehouse means a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. 8 Amend Ch. 3.28 KCC - B&O Rates and Allocations 3. For purposes of this section, other business floor space means the floor space of an office or place of business, other than a business warehouse. 4. For purposes of this section, the square footage shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets, and electrical or utility closets. 5. Persons with more than one office, warehouse, or other place of business within the city must include all business warehouse floor space and other business floor space for all locations within the city. When a person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse where no walls separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented, shall be included in the warehouse business floor space of the person that operates the warehouse business, and not by the person renting the warehouse space. 6. If the square footage tax imposed in this subsection (B) is less than or equal to the gross receipts tax imposed in subsection (A) of this section, no square footage tax will be due; if the square footage tax imposed in this subsection (B) exceeds the gross receipts tax imposed in subsection (A) of this section, the taxpayer shall also remit the excess over the gross receipts tax payable under subsection (A) of this section. 9 Amend Ch. 3.28 KCC - B&O Rates and Allocations C. Gross receipts and square footage threshold. 1. Gross receipts threshold. The gross receipts tax imposed in subsection (A) of this section shall not apply to any person engaging in any one or more business activities which are otherwise taxable pursuant to this section, whose value of products, including byproducts, gross proceeds of sales, and gross income of the business, as the case may be, from all activities conducted within the city during any calendar year does not exceed the threshold amount of $250,000. 2. Square footage threshold. The square footage tax imposed in subsection (B) of this section shall not apply to any person unless that person’s total floor area of business space within the city exceeds the following threshold: a. Four thousand taxable square feet of business warehouse space; or b. Twelve thousand taxable square feet of other business floor space. If the square footage tax applies, it applies to all business space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. D. Gross Receipts Maximum – Retailing Activities. Effective January 1, 2022, the gross receipts tax imposed in subsection (A) of this section shall not apply to retailing activities exceeding $20,000,000 in any calendar year which are otherwise taxable pursuant to this section. 10 Amend Ch. 3.28 KCC - B&O Rates and Allocations DE. Rules. The director may promulgate rules and regulations regarding the manner, means, and method of calculating any tax imposed under this section. SECTION 2. – Amendment. Section 3.28.130 of the Kent City Code, entitled “Limitation of revenue received,” as amended by Ordinance 4147 and later amended by Section 2 of Ordinance 4260 is hereby amended effective January 1, 2019, as follows: 3.28.130 Limitation of revenue received. (Effective January 1, 2019) One-half of the revenue received from the square footage tax shall be allocated to the city’s capital resources fund. Remaining revenue Revenue received from the taxes imposed by this chapter shall then be dedicated to the general operations of the city subject to the following two exceptions: A. Revenues equivalent to the original gross receipts and square footage rates in effect from 2013 through 2018 shall first be applied to the actual cost to staff and operate the business and occupation tax division, including one information technology position dedicated to supporting that division, but not to exceed the amount budgeted for that division by the city council. After the above allocations, 100 percent of any residualRemaining revenue shall be allocated to the design, construction, maintenance, improvement, operation, and repair of the city’s transportation infrastructure and appurtenant improvements including, without limitation, streets, curbs, gutters, sidewalks, bicycle and pedestrian lanes and paths, street trees, drainage, lighting, and signalization. B. Square footage revenues equivalent to 0.03 quarterly on business warehouse floor space and 0.01 quarterly on other business floor space shall be allocated to the city’s capital resource fund. 11 Amend Ch. 3.28 KCC - B&O Rates and Allocations SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Petition for Referendum. Pursuant to RCW 35.21.706, the city shall provide for a referendum procedure to apply to this ordinance increasing the rate of the city’s business and occupation tax. A referendum petition may be filed with the city clerk within seven days of passage of this ordinance. Within 10 days, the city clerk shall confer with the petitioner concerning the form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the city attorney. The petitioner shall have 30 days in which to secure the signatures of not less than 15 percent of the registered voters of the city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The city clerk shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). This referendum procedure shall be the exclusive method of referendum for this ordinance, and shall supersede all other statutory initiative or referendum procedures that may apply. 12 Amend Ch. 3.28 KCC - B&O Rates and Allocations SECTION 6. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Agenda Item: Other Business 9C TO: City Council DATE: November 20, 2018 SUBJECT: Ordinance Adopting the 2019-2020 Biennial Budget – Adopt SUMMARY: This ordinance adopts the final 2019-2020 biennial budget. The total gross expenditure budget for 2019 is $354,056,300 and 2020 is $322,797,600. A crosswalk from the Mayor’s Proposed Budget to Council Adopted Budget is provided in Exhibits A & B attached. EXHIBITS: Ordinance, Exhibit A, Exhibit B RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Troutner NAY: BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Adopt Ordinance No. _____ establishing the 2019-2020 biennial budget. This page intentionally left blank. 1 2019-2020 Biennial Budget Adoption Ordinance ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Kent, Washington, relating to budgets and finance and adopting the final 2019-2020 biennial budget. RECITALS A. Tax estimates and the preliminary budget for the City of Kent, Washington, for the 2019-2020 biennial years have been prepared and filed as provided by law, and the budget has been printed and distributed. B. Notice has been published in the official paper of the City of Kent setting the time and place for public hearings on the budget. The notice also stated that all taxpayers calling at the Office of the City Clerk would be furnished a copy of the 2019-2020 biennial budget. C. Public hearings were held on September 18, 2018, and October 16, 2018. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 2019-2020 Biennial Budget Adoption Ordinance ORDINANCE SECTION 1. – Budget Adoption. Pursuant to RCW 35A.34.120, the budget for the 2019-2020 biennium, as summarized in Exhibit “A” and as set forth in the 2019-2020 biennial Preliminary Comprehensive Budget, which is on file with the city clerk and which is amended by Exhibit “B,” all of which are incorporated into this ordinance by this reference, is hereby adopted in the amounts and for the purposes established in that budget as the final budget for the City’s 2019-2020 biennium. SECTION 2. - Transmittal. The finance director shall transmit a complete copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. SECTION 3. – Budget Administration. City administration shall administer the biennial budget and may authorize expenditures, appropriations, and transfers pursuant to RCW 35A.34.200 and as otherwise provided by law. SECTION 4. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering or lettering; or references to other local, state, or federal laws, code, or regulations. 3 2019-2020 Biennial Budget Adoption Ordinance SECTION 6. - Effective Date. This ordinance shall take effect and be in force January 1, 2019, which is more than five days after its publication, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 2019 Proposed 2020 Proposed Expenditures Expenditures Governmental Funds General Fund 107,690,250 106,361,540 Special Revenue Funds Street Operating Fund 17,645,420 18,025,920 LEOFF1 Retiree Benefits Fund 1,423,000 1,449,710 Lodging Tax Fund 291,190 294,400 Youth / Teen Fund 957,730 956,010 Capital Resources Fund 20,591,850 18,152,000 Criminal Justice Fund 5,869,960 6,057,350 Housing and Community Dev Fund 1,175,190 1,175,190 City Arts Program Fund 112,670 108,100 ShoWare Operating Fund 1,423,790 1,124,830 Debt Service Funds Non-Voted Debt Service Fund 9,764,390 8,641,810 Special Assessments Fund 1,119,460 784,160 Capital Projects Funds Street Capital Projects Fund 7,103,340 6,869,980 Parks Capital Projects Fund 3,341,000 3,369,000 Other Capital Projects Fund 56,610 42,780 Technology Capital Projects Fund 2,250,000 2,250,000 Facilities Capital Projects Fund 2,350,000 2,000,000 Proprietary Funds Enterprise Funds Water Fund 49,342,500 33,601,390 Sewer Fund 32,168,150 32,411,620 Drainage Fund 43,380,150 31,366,120 Solid Waste Fund 600,350 622,420 Golf Complex Fund 3,050,790 5,532,110 Internal Service Funds Fleet Services Fund 7,930,660 6,088,490 Central Services Fund Central Stores 387,290 395,040 Information Technology 9,079,150 9,658,590 Facilities Fund 5,838,450 5,867,350 Insurance Fund Unemployment 173,610 174,510 Workers Compensation 1,456,980 1,469,450 Health and Employee Wellness 14,898,160 15,345,100 Liability Insurance 2,017,600 2,036,120 Property Insurance 566,610 566,510 Total Gross Budget 354,056,300 322,797,600 2019-20 Biennial Budget Exhibit A 2019 2019 2020 2020 Revenues Expenditures Revenues Expenditures Governmental Funds General Fund 107,718,120 107,718,120 106,315,370 106,315,370 Parking Enf Officer .75FTE to 1.0FTE 14,000 15,730 16,170 16,170 Finance Admin Asst 2 (1.0)FTE (41,870)(73,600) Communications Training 30,000 30,000 30,000 107,690,250 107,690,250 106,361,540 106,361,540 Special Revenue Funds Street Operating Fund 17,645,420 17,645,420 18,025,920 18,025,920 LEOFF1 Retiree Benefits Fund 1,179,590 1,423,000 1,202,950 1,449,710 Lodging Tax Fund 294,830 291,190 300,670 294,400 Youth / Teen Fund 957,730 957,730 956,010 956,010 Capital Resources Fund 16,194,310 20,591,850 15,529,980 18,152,000 Criminal Justice Fund 6,300,130 5,869,960 6,500,700 6,057,350 Housing and Community Dev Fund 1,175,190 1,175,190 1,175,190 1,175,190 City Arts Program Fund 112,670 112,670 108,100 108,100 ShoWare Operating Fund 1,150,000 1,423,790 1,150,000 1,124,830 Debt Service Funds Non-Voted Debt Service Fund 10,227,890 9,764,390 9,105,570 8,641,810 Special Assessments Fund 1,305,380 1,119,460 793,180 784,160 Capital Projects Funds Street Capital Projects Fund 7,103,340 7,103,340 6,869,980 6,869,980 Parks Capital Projects Fund 3,341,000 3,341,000 3,369,000 3,369,000 Other Capital Projects Fund 1,534,060 56,610 1,570,870 42,780 Technology Capital Projects Fund 2,250,000 2,250,000 2,250,000 2,250,000 Facilities Capital Projects Fund 2,350,000 2,350,000 2,000,000 2,000,000 Proprietary Funds Enterprise Funds Water Fund 42,708,060 49,342,500 35,284,880 33,601,390 Sewer Fund 32,320,310 32,168,150 32,579,660 32,411,620 Drainage Fund 37,045,700 43,380,150 32,083,870 31,366,120 Solid Waste Fund 618,810 600,350 631,190 622,420 Golf Complex Fund 2,899,210 3,050,790 5,584,990 5,532,110 Internal Service Funds Fleet Services Fund 8,643,070 7,930,660 5,115,460 6,088,490 Central Services Fund Central Stores 447,090 387,290 456,010 395,040 Information Technology 9,138,700 9,079,150 8,657,300 9,658,590 Facilities Fund 5,754,880 5,838,450 5,775,070 5,867,350 Insurance Fund Unemployment 121,700 173,610 121,700 174,510 Workers Compensation 1,094,000 1,456,980 1,094,000 1,469,450 Health and Employee Wellness 15,052,030 14,898,160 15,789,180 15,345,100 Liability Insurance 1,810,690 2,017,600 2,171,640 2,036,120 Property Insurance 565,920 566,610 565,920 566,510 Total Gross Budget 339,031,960 354,056,300 323,180,530 322,797,600 2019-20 Biennial Budget Exhibit B This page intentionally left blank. Agenda Item: Bids 10A TO: City Council DATE: November 20, 2018 SUBJECT: South 228th Street Union Pacific Railroad Ground Improvements and Embankments – Award SUMMARY: This is Phase 4 of 5 phases to complete the S. 228th St. UPRR Grade Separation project. This phase will install the remaining bridge shafts, ground improvements, new waterline and approach embankments to the future bridge. Phase 5 will construct the bridge, remaining embankments and final roadway. The bid opening for the S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments Project was held on October 23, 2018 with five (5) bids received, all were responsive. The lowest responsible and responsive bid was submitted by Scarsella Bros., Inc. in the amount of $7,760,955.20. Bid Tab Summary 01. Scarsella Bros., Inc. $7,760,955.20 02. Rodarte Construction, Inc. $8,379,049.50 03. Active Construction Inc. $8,650,267.77 04. Johansen Construction Co. $8,759,828.10 05. Tucci & Sons, Inc. $10,367,174.00 Engineer's Estimate $9,658,847.50 EXHIBITS: S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments bid tabulation RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This phase will utilize state and federal grant funds along with utility funds. STRATEGIC PLAN GOAL(S): 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. MOTION: Award the South 228th Street Union Pacific Railroad Grade Separation Ground Improvements and Embankments Project to Scarsella Bros., Inc. in the amount of $7,760,955.20 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: STREET 1000 Mobilization 1 LS 770,000.00 $770,000.00 761,000.00 $761,000.00 1,108,220.77 $1,108,220.77 574,780.00 $574,780.00 1005 Clearing & Grubbing 1 LS 45,000.00 $45,000.00 27,000.00 $27,000.00 10,000.00 $10,000.00 13,480.00 $13,480.00 1010 * Remove Existing Asphalt Concrete Pavement 5,500 SY 8.00 $44,000.00 9.50 $52,250.00 6.50 $35,750.00 16.50 $90,750.00 1015 Remove Existing Reinforced Cement Concrete Driveway/ Pavement 380 SY 20.00 $7,600.00 18.00 $6,840.00 11.00 $4,180.00 32.50 $12,350.00 1020 Remove Cement Concrete Sidewalk 50 SY 10.00 $500.00 16.00 $800.00 18.00 $900.00 9.50 $475.00 1025 Remove Cement Concrete Curb & Gutter 1,600 LF 6.50 $10,400.00 7.00 $11,200.00 7.00 $11,200.00 6.00 $9,600.00 1030 * Remove Cement Concrete Extruded Curb 1,200 LF 2.00 $2,400.00 6.00 $7,200.00 4.00 $4,800.00 4.85 $5,820.00 1050 * Saw Cut Existing Asphalt Concrete Pavement 3,700 LF 3.00 $11,100.00 2.75 $10,175.00 2.00 $7,400.00 5.85 $21,645.00 1060 * Roadway Excavation Incl. Haul 250 CY 32.00 $8,000.00 26.00 $6,500.00 40.00 $10,000.00 23.95 $5,987.50 1065 * Gravel Borrow, Including Haul & Compaction 250 TON 21.30 $5,325.00 24.00 $6,000.00 36.00 $9,000.00 29.70 $7,425.00 1080 * Crushed Surfacing Top Course, 5/8" Minus 1,600 TON 25.00 $40,000.00 26.00 $41,600.00 41.00 $65,600.00 29.35 $46,960.00 1095 * HMA Class 1/2", PG58V-22 1,350 TON 130.00 $175,500.00 145.00 $195,750.00 150.00 $202,500.00 227.00 $306,450.00 1125 * Hot Plant Mix for Temporary Pavement Patch 130 TON 200.00 $26,000.00 160.00 $20,800.00 175.00 $22,750.00 341.95 $44,453.50 1130 Cement Conc. Pavement 25 CY 517.00 $12,925.00 425.00 $10,625.00 300.00 $7,500.00 980.50 $24,512.50 1205 Cement Concrete Curb & Gutter 260 LF 44.00 $11,440.00 50.00 $13,000.00 35.00 $9,100.00 33.00 $8,580.00 1210 * Cement Concrete Extruded Curb 1,550 LF 12.00 $18,600.00 9.00 $13,950.00 20.00 $31,000.00 20.50 $31,775.00 1270 Temporary 6 Foot Chain Link Fence 1,000 LF 6.00 $6,000.00 8.00 $8,000.00 2.80 $2,800.00 7.50 $7,500.00 1272 * Remove Fence & Gates 400 LF 5.00 $2,000.00 5.00 $2,000.00 6.00 $2,400.00 14.75 $5,900.00 1275 * Chain Link Fence Type 3 900 LF 25.10 $22,590.00 27.00 $24,300.00 21.00 $18,900.00 25.65 $23,085.00 1276 Single 6 Ft. Chain Link Gate 1 EA 980.00 $980.00 1,100.00 $1,100.00 1,100.00 $1,100.00 1,080.00 $1,080.00 1278 40 Foot Slide Chain Link Gate 1 EA 6,538.00 $6,538.00 7,250.00 $7,250.00 7,300.00 $7,300.00 7,200.00 $7,200.00 1279 60 Foot Slide Chain Link Gate 1 EA 8,790.00 $8,790.00 9,500.00 $9,500.00 9,800.00 $9,800.00 9,700.00 $9,700.00 1280 Double 14 Ft. Chain Link Gate 4 EA 1,180.00 $4,720.00 1,250.00 $5,000.00 1,300.00 $5,200.00 1,300.00 $5,200.00 1285 Stone Columns 6% Replacement Ground Improvement 560 SY 94.00 $52,640.00 100.00 $56,000.00 116.00 $64,960.00 102.00 $57,120.00 1290 Stone Columns 13% Replacement Ground Improvement 1,360 SY 203.00 $276,080.00 218.00 $296,480.00 225.00 $306,000.00 215.00 $292,400.00 1296 * Remove & Reset Existing Mailbox 1 EA 350.00 $350.00 300.00 $300.00 270.00 $270.00 480.00 $480.00 1315 Pothole Utilities 25 EA 500.00 $12,500.00 500.00 $12,500.00 500.00 $12,500.00 580.00 $14,500.00 1316 Project Sign Fabrication & Installation 2 EA 1,000.00 $2,000.00 600.00 $1,200.00 750.00 $1,500.00 2,185.00 $4,370.00 1320 Field Office 1 LS 10,000.00 $10,000.00 30,000.00 $30,000.00 7,500.00 $7,500.00 19,175.00 $19,175.00 1325 Temporary Fall Protection 1 LS 10,000.00 $10,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 8,600.00 $8,600.00 1330 Settlement Monitoring Trench 1,650 LF 20.00 $33,000.00 18.00 $29,700.00 15.00 $24,750.00 37.45 $61,792.50 1355 Minor Changes 1 CALC 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 1360 Existing Irrigation System Removal, Repair and/or Modification 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 1365 Reimbursement for Third Party Damage 1 FA 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 1370 Training 800 HR 5.00 $4,000.00 6.00 $4,800.00 7.00 $5,600.00 1.00 $800.00 SCHEDULE I TOTAL $1,725,978.00 $1,787,820.00 $2,125,480.77 $1,808,946.00 1234 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 SCHEDULE II: WATER 2000 4" Connection to Existing Water Main 1 EA 2,700.00 $2,700.00 1,500.00 $1,500.00 2,650.00 $2,650.00 2,785.00 $2,785.00 2005 8" Connection to Existing Water Main 3 EA 4,400.00 $13,200.00 3,500.00 $10,500.00 4,250.00 $12,750.00 2,900.00 $8,700.00 2010 10" Connection to Existing Water Main 1 EA 4,025.00 $4,025.00 2,500.00 $2,500.00 4,500.00 $4,500.00 10,120.00 $10,120.00 2015 12" Connection to Existing Water Main 2 EA 1,970.00 $3,940.00 3,500.00 $7,000.00 4,250.00 $8,500.00 6,140.00 $12,280.00 2017 8" Connection to Existing Double Check Detector Assembly 2 EA 7,800.00 $15,600.00 3,500.00 $7,000.00 6,000.00 $12,000.00 5,150.00 $10,300.00 2019 4" Diameter Ductile Iron, Cl 52 Water Main Pipe 25 LF 130.00 $3,250.00 120.00 $3,000.00 121.00 $3,025.00 161.50 $4,037.50 2025 8" Diameter Ductile Iron, Cl 52 Water Main Pipe 550 LF 105.00 $57,750.00 60.00 $33,000.00 63.00 $34,650.00 104.00 $57,200.00 2032 8" Diameter Restrained Joint Ductile Iron, Cl 52 Water Main Pipe 70 LF 165.00 $11,550.00 200.00 $14,000.00 200.00 $14,000.00 224.00 $15,680.00 2034 12" Diameter Restrained Joint Ductile Iron, Cl 52 Water Main Pipe 620 LF 225.00 $139,500.00 160.00 $99,200.00 150.00 $93,000.00 248.00 $153,760.00 2045 8" Gate Valve, MJ x FL or MJ x MJ or FL x FL 2 EA 1,900.00 $3,800.00 3,000.00 $6,000.00 1,750.00 $3,500.00 2,420.00 $4,840.00 2050 12" Gate Valve, MJ x FL or MJ x MJ or FL x FL 20 EA 2,900.00 $58,000.00 3,000.00 $60,000.00 2,750.00 $55,000.00 3,715.00 $74,300.00 2052 16" Gate Valve, MJ x FL or MJ x MJ or FL x FL 2 EA 8,035.00 $16,070.00 8,000.00 $16,000.00 7,500.00 $15,000.00 8,585.00 $17,170.00 2057 12" Diameter Earthquake Resistant Ductile Iron, Cl 52 Water Main Pipe 1,630 LF 232.80 $379,464.00 225.00 $366,750.00 175.00 $285,250.00 280.00 $456,400.00 2058 16" Diameter Earthquake Resistant Ductile Iron, Cl 52 Water Main Pipe 405 LF 150.60 $60,993.00 400.00 $162,000.00 350.00 $141,750.00 486.00 $196,830.00 2059 12" Diameter Double Ball Flexible Expansion Joint 5 EA 10,820.00 $54,100.00 13,000.00 $65,000.00 11,250.00 $56,250.00 10,290.00 $51,450.00 2060 Replace Existing Valve Box Top Section & Lid 4 EA 1,000.00 $4,000.00 500.00 $2,000.00 450.00 $1,800.00 315.00 $1,260.00 2065 Replace Existing Valve Box Base Section 4 EA 900.00 $3,600.00 550.00 $2,200.00 450.00 $1,800.00 225.00 $900.00 2070 Valve Operating Nut Extender 18 EA 195.00 $3,510.00 400.00 $7,200.00 500.00 $9,000.00 180.00 $3,240.00 2080 Hydrant Assembly 7 EA 9,560.00 $66,920.00 10,000.00 $70,000.00 1,000.00 $7,000.00 8,665.00 $60,655.00 2090 2" Air Release Valve with Chamber 3 EA 12,525.00 $37,575.00 11,000.00 $33,000.00 10,000.00 $30,000.00 10,750.00 $32,250.00 2094 Remove Existing Air Release Valve & Chamber 1 EA 800.00 $800.00 350.00 $350.00 375.00 $375.00 1,745.00 $1,745.00 2105 Abandon Existing Water Service 5 EA 150.00 $750.00 500.00 $2,500.00 225.00 $1,125.00 550.00 $2,750.00 2107 Temporary Water Connections 1 LS 21,000.00 $21,000.00 15,000.00 $15,000.00 35,000.00 $35,000.00 26,835.00 $26,835.00 2110 Abandon & Fill Existing Water Main with CDF 60 CY 150.00 $9,000.00 225.00 $13,500.00 350.00 $21,000.00 180.00 $10,800.00 2115 Remove Existing Water Main 225 LF 20.00 $4,500.00 50.00 $11,250.00 23.00 $5,175.00 18.00 $4,050.00 2118 Service Connection 1" Diameter 4 EA 1,600.00 $6,400.00 1,000.00 $4,000.00 400.00 $1,600.00 475.00 $1,900.00 2120 Service Connection 1 1/2" Diameter 4 EA 1,725.00 $6,900.00 1,200.00 $4,800.00 700.00 $2,800.00 605.00 $2,420.00 2125 Service Connection 2" Diameter 1 EA 1,840.00 $1,840.00 1,500.00 $1,500.00 1,000.00 $1,000.00 900.00 $900.00 2145 Water Service Line 1" Diameter 210 LF 40.00 $8,400.00 12.00 $2,520.00 23.00 $4,830.00 21.00 $4,410.00 2150 Water Service Line 1 1/2" Diameter 220 LF 42.60 $9,372.00 13.00 $2,860.00 27.00 $5,940.00 23.50 $5,170.00 2155 Water Service Line 2" Diameter 50 LF 70.70 $3,535.00 35.00 $1,750.00 41.00 $2,050.00 28.35 $1,417.50 2205 1 1/2" Meter Setter 1 EA 1,610.00 $1,610.00 2,000.00 $2,000.00 1,400.00 $1,400.00 1,485.00 $1,485.00 2210 1" Meter Setter with Reduced Pressure Backflow Assembly 4 EA 2,215.00 $8,860.00 2,800.00 $11,200.00 2,300.00 $9,200.00 2,055.00 $8,220.00 2212 1 1/2" Meter Setter with Reduced Pressure Backflow Assembly 2 EA 3,900.00 $7,800.00 5,000.00 $10,000.00 4,000.00 $8,000.00 3,700.00 $7,400.00 2215 2" Meter Setter with Reduced Pressure Backflow Assembly 2 EA 4,700.00 $9,400.00 6,000.00 $12,000.00 5,000.00 $10,000.00 4,355.00 $8,710.00 2220 Meter Box for Up to 1" Diameter Service 4 EA 620.00 $2,480.00 400.00 $1,600.00 250.00 $1,000.00 275.00 $1,100.00 2225 Meter Box for 1 1/2 to 2" Diameter Service 5 EA 755.00 $3,775.00 550.00 $2,750.00 500.00 $2,500.00 395.00 $1,975.00 2230 Relocating Water Meter Assembly 1 EA 1,550.00 $1,550.00 2,800.00 $2,800.00 1,300.00 $1,300.00 970.00 $970.00 2235 Remove Existing Double Check Detector Assembly 2 EA 420.00 $840.00 1,400.00 $2,800.00 300.00 $600.00 1,100.00 $2,200.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 2240 10" Double Check Detector Assembly 2 EA 46,625.00 $93,250.00 65,000.00 $130,000.00 47,500.00 $95,000.00 41,195.00 $82,390.00 2245 Electrical Service for Double Check Detector Assembly 1 FA 35,000.00 $35,000.00 35,000.00 $35,000.00 35,000.00 $35,000.00 35,000.00 $35,000.00 2255 * Shoring or Extra Excavation Class B 22,000 SF 0.50 $11,000.00 0.25 $5,500.00 0.23 $5,060.00 1.25 $27,500.00 2258 * Unsuitable Foundation Excavation Including Haul 85 CY 50.00 $4,250.00 65.00 $5,525.00 32.00 $2,720.00 50.00 $4,250.00 2260 * Foundation Material, Class I & II 200 TON 25.00 $5,000.00 45.00 $9,000.00 26.00 $5,200.00 49.80 $9,960.00 2275 * Pipe Zone Bedding 2,200 TON 20.00 $44,000.00 25.00 $55,000.00 41.00 $90,200.00 34.65 $76,230.00 2290 * Bank Run Gravel for Trench Backfill 4,700 TON 15.00 $70,500.00 30.00 $141,000.00 23.00 $108,100.00 31.25 $146,875.00 2295 Geotextile Fabric, Non-Woven 200 SY 5.00 $1,000.00 3.00 $600.00 4.00 $800.00 6.00 $1,200.00 2300 * Hot Plant Mix for Temporary Pavement Patch 110 TON 200.00 $22,000.00 160.00 $17,600.00 175.00 $19,250.00 341.95 $37,614.50 2305 24" O.D., 0.375" Thick Steel Casing 365 LF 180.00 $65,700.00 205.00 $74,825.00 285.00 $104,025.00 325.00 $118,625.00 2310 Remove Existing Water Meter 9 EA 1,000.00 $9,000.00 650.00 $5,850.00 66.00 $594.00 220.00 $1,980.00 2315 Remove Existing Hydrant Assembly 5 EA 500.00 $2,500.00 750.00 $3,750.00 450.00 $2,250.00 1,345.00 $6,725.00 2325 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 2330 Remove Existing Valve Box Top Section & Lid 19 EA 50.00 $950.00 135.00 $2,565.00 41.00 $779.00 255.00 $4,845.00 SUB TOTAL $1,437,509.00 $1,584,245.00 $1,400,298.00 $1,846,809.50 10% SALES TAX $143,750.90 $158,424.50 $140,029.80 $184,680.95 SCHEDULE II TOTAL $1,581,259.90 $1,742,669.50 $1,540,327.80 $2,031,490.45 SCHEDULE IV: STORM SEWER 4000 Ductile Iron Storm Sewer Pipe, 12" Diameter 550 LF 120.00 $66,000.00 70.00 $38,500.00 60.00 $33,000.00 105.75 $58,162.50 4080 Catch Basin, Type 1 4 EA 1,340.00 $5,360.00 1,500.00 $6,000.00 1,300.00 $5,200.00 1,600.00 $6,400.00 4105 Concrete Inlet 4 EA 1,245.00 $4,980.00 1,500.00 $6,000.00 1,500.00 $6,000.00 1,180.00 $4,720.00 4120 Vaned Catch Basin Frame & Grate 8 EA 750.00 $6,000.00 400.00 $3,200.00 600.00 $4,800.00 605.00 $4,840.00 4130 Abandon Existing Storm Sewer Pipe 1 EA 1,000.00 $1,000.00 250.00 $250.00 350.00 $350.00 495.00 $495.00 4140 Remove Existing Storm Sewer Pipe or Culvert 110 LF 20.00 $2,200.00 40.00 $4,400.00 24.00 $2,640.00 10.60 $1,166.00 4145 Remove Existing Catch Basin or Manhole 3 EA 500.00 $1,500.00 400.00 $1,200.00 550.00 $1,650.00 1,140.00 $3,420.00 4147 Storm Sewer Pipe Connection 1 EA 1,000.00 $1,000.00 1,500.00 $1,500.00 600.00 $600.00 1,325.00 $1,325.00 4175 * Crushed Surfacing Top Course, 5/8" Minus 20 TON 25.00 $500.00 26.00 $520.00 41.00 $820.00 29.35 $587.00 4180 CCTV Video Inspection of 60" Storm Drain Pipe 1 LS 4,500.00 $4,500.00 5,000.00 $5,000.00 2,500.00 $2,500.00 3,355.00 $3,355.00 SCHEDULE IV TOTAL $93,040.00 $66,570.00 $57,560.00 $84,470.50 SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 4,500 HR 66.80 $300,600.00 70.00 $315,000.00 63.00 $283,500.00 61.50 $276,750.00 5010 Construction Signs Class A 300 SF 20.00 $6,000.00 25.00 $7,500.00 10.00 $3,000.00 21.50 $6,450.00 5015 Traffic Control Supervisor 300 HR 81.50 $24,450.00 100.00 $30,000.00 75.00 $22,500.00 87.00 $26,100.00 5020 Other Temporary Traffic Control 1 LS 10,000.00 $10,000.00 55,000.00 $55,000.00 2,500.00 $2,500.00 36,000.00 $36,000.00 5030 Portable Changeable Message Sign (PCMS)550 DAY 75.00 $41,250.00 45.00 $24,750.00 75.00 $41,250.00 160.00 $88,000.00 5035 Sequential Arrow Sign (SAS)250 DAY 25.00 $6,250.00 30.00 $7,500.00 50.00 $12,500.00 326.00 $81,500.00 5060 Type III Barricade (Roadway & Pedestrian)30 EA 200.00 $6,000.00 600.00 $18,000.00 225.00 $6,750.00 665.00 $19,950.00 5075 Permanent Channelization 1 LS 2,500.00 $2,500.00 5,000.00 $5,000.00 15,000.00 $15,000.00 11,000.00 $11,000.00 SCHEDULE V TOTAL $397,050.00 $462,750.00 $387,000.00 $545,750.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 SCHEDULE VI: ELECTRICAL 6025 Traffic Signal Modifications 1 LS 5,500.00 $5,500.00 28,000.00 $28,000.00 6,500.00 $6,500.00 5,700.00 $5,700.00 SCHEDULE VI TOTAL $5,500.00 $28,000.00 $6,500.00 $5,700.00 SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7000 * Seeding, Fertilizing, & Mulching 1.0 AC 8,500.00 $8,500.00 11,000.00 $11,000.00 11,000.00 $11,000.00 11,000.00 $11,000.00 7005 Filter Fabric Fence with Backup Support 500 LF 6.00 $3,000.00 4.00 $2,000.00 6.00 $3,000.00 6.00 $3,000.00 7010 High Visibility Fence 3,000 LF 3.00 $9,000.00 3.25 $9,750.00 3.00 $9,000.00 3.85 $11,550.00 7015 * Inlet Protection 30 EA 100.00 $3,000.00 45.00 $1,350.00 100.00 $3,000.00 57.00 $1,710.00 7020 Straw Mulch 1,200 SY 1.00 $1,200.00 1.00 $1,200.00 2.50 $3,000.00 3.50 $4,200.00 7023 Wattle 200 LF 8.00 $1,600.00 6.00 $1,200.00 5.00 $1,000.00 6.00 $1,200.00 7025 Plastic Covering 6,000 SY 1.50 $9,000.00 3.50 $21,000.00 2.50 $15,000.00 3.70 $22,200.00 7027 Pipe Slope Drain 1 LS 15,000.00 $15,000.00 1,800.00 $1,800.00 1,100.00 $1,100.00 13,600.00 $13,600.00 7030 ESC Lead 60 DAY 200.00 $12,000.00 80.00 $4,800.00 2.00 $120.00 100.00 $6,000.00 7035 Stabilized Construction Entrance 400 SY 18.00 $7,200.00 35.00 $14,000.00 16.00 $6,400.00 19.50 $7,800.00 7055 Erosion/Water Pollution Control 1 FA 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 7060 SPCC Plan 1 LS 1,500.00 $1,500.00 150.00 $150.00 150.00 $150.00 5,000.00 $5,000.00 SCHEDULE VII TOTAL $91,000.00 $88,250.00 $72,770.00 $107,260.00 SCHEDULE VIII: ROADSIDE RESTORATION 8002 Landscape Restoration 1 FA 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 8005 * Topsoil Type A 300 CY 45.00 $13,500.00 55.00 $16,500.00 56.00 $16,800.00 55.00 $16,500.00 8015 Medium Bark Chip Mulch 150 CY 45.00 $6,750.00 55.00 $8,250.00 56.00 $8,400.00 55.00 $8,250.00 SCHEDULE VIII TOTAL $45,250.00 $49,750.00 $50,200.00 $49,750.00 SCHEDULE IX: UPRR BRIDGE SHAFTS 9003 Structure Surveying 1 LS 20,000.00 $20,000.00 12,500.00 $12,500.00 19,000.00 $19,000.00 17,450.00 $17,450.00 9012 Shoring or Extra Excavation Cl. A - Shafts 1 LS 5,000.00 $5,000.00 47,000.00 $47,000.00 17,500.00 $17,500.00 5,875.00 $5,875.00 9020 Constructing 8.2' Diameter Shaft 204 LF 1,908.00 $389,232.00 2,000.00 $408,000.00 2,700.00 $550,800.00 1,880.00 $383,520.00 9040 Gravel Backfill for Drain 83 CY 40.00 $3,320.00 80.00 $6,640.00 70.00 $5,810.00 65.00 $5,395.00 9045 QA Shaft Test 4 EA 2,000.00 $8,000.00 1,400.00 $5,600.00 1,400.00 $5,600.00 3,700.00 $14,800.00 9050 Removing Shaft Obstructions 1 FA 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 SCHEDULE IX TOTAL $525,552.00 $579,740.00 $698,710.00 $527,040.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 SCHEDULE X: RETAINING WALLS 10000 Structure Excavation Class A Incl. Haul 8,000 CY 32.50 $260,000.00 25.00 $200,000.00 36.00 $288,000.00 25.00 $200,000.00 10003 Shoring or Extra Excavation Cl. A - Walls 1 LS 13,000.00 $13,000.00 80,000.00 $80,000.00 1,000.00 $1,000.00 10,450.00 $10,450.00 10050 Gravel Borrow for Structural Earth Wall, Incl. Haul 40,000 CY 37.75 $1,510,000.00 43.00 $1,720,000.00 38.00 $1,520,000.00 41.00 $1,640,000.00 10055 Geosynthetic Retaining Wall 6,700 SF 8.00 $53,600.00 20.00 $134,000.00 30.00 $201,000.00 21.00 $140,700.00 10100 Structural Earth Wall 30,000 SF 29.67 $890,100.00 31.00 $930,000.00 43.00 $1,290,000.00 32.85 $985,500.00 10110 6" Underdrain Pipe 350 LF 22.00 $7,700.00 20.00 $7,000.00 26.00 $9,100.00 19.50 $6,825.00 SCHEDULE X TOTAL $2,734,400.00 $3,071,000.00 $3,309,100.00 $2,983,475.00 SCHEDULE XI: FLOFORM 11005 Clearing & Grubbing 1 LS 8,500.00 $8,500.00 8,500.00 $8,500.00 6,000.00 $6,000.00 13,480.00 $13,480.00 11010 * Remove Existing Asphalt Concrete Pavement 330 SY 8.00 $2,640.00 9.50 $3,135.00 6.50 $2,145.00 16.50 $5,445.00 11015 Remove Existing Cement Concrete Pavement 100 SY 20.00 $2,000.00 18.00 $1,800.00 18.00 $1,800.00 44.00 $4,400.00 11030 * Remove Cement Concrete Extruded Curb 150 LF 2.00 $300.00 6.00 $900.00 4.00 $600.00 4.85 $727.50 11040 Removal of Structures & Obstructions 1 LS 1,000.00 $1,000.00 1,000.00 $1,000.00 2,800.00 $2,800.00 9,250.00 $9,250.00 11050 * Saw Cut Existing Asphalt Concrete Pavement 700 LF 3.00 $2,100.00 2.75 $1,925.00 2.00 $1,400.00 5.85 $4,095.00 11055 Saw Cut Existing Cement Concrete Pavement 150 LF 10.00 $1,500.00 6.00 $900.00 3.50 $525.00 13.25 $1,987.50 11060 * Roadway Excavation Incl. Haul 1,300 CY 32.00 $41,600.00 26.00 $33,800.00 40.00 $52,000.00 23.95 $31,135.00 11075 * Gravel Borrow, Including Haul & Compaction 800 TON 21.30 $17,040.00 24.00 $19,200.00 36.00 $28,800.00 29.70 $23,760.00 11080 *Crushed Surfacing Top Course, 5/8" Minus 400 TON 25.00 $10,000.00 26.00 $10,400.00 41.00 $16,400.00 29.35 $11,740.00 11085 Crushed Surfacing Base Course, 1-1/4" Minus 500 TON 25.00 $12,500.00 26.00 $13,000.00 38.00 $19,000.00 24.30 $12,150.00 11090 *Foundation Material, Class I & II 10 TON 25.00 $250.00 45.00 $450.00 26.00 $260.00 49.80 $498.00 11093 * Unsuitable Foundation Excavation Incl. Haul 50 CY 50.00 $2,500.00 65.00 $3,250.00 32.00 $1,600.00 50.00 $2,500.00 11095 * HMA Class 1/2", PG58V-22 300 TON 130.00 $39,000.00 145.00 $43,500.00 150.00 $45,000.00 227.00 $68,100.00 11100 * Pipe Zone Bedding 70 TON 20.00 $1,400.00 25.00 $1,750.00 41.00 $2,870.00 34.65 $2,425.50 11105 *Bank Run Gravel for Trench Backfill 55 TON 15.00 $825.00 30.00 $1,650.00 23.00 $1,265.00 31.25 $1,718.75 11110 *Shoring or Extra Excavation Class B 540 SF 0.50 $270.00 0.25 $135.00 0.23 $124.20 1.25 $675.00 11125 *Hot Plant Mix for Temporary Pavement Patch 20 TON 200.00 $4,000.00 160.00 $3,200.00 175.00 $3,500.00 341.95 $6,839.00 11130 Pervious Cement Concrete Pavement 450 CY 412.50 $185,625.00 335.00 $150,750.00 50.00 $22,500.00 338.00 $152,100.00 11135 Gravel Backfill for Walls 700 TON 25.00 $17,500.00 35.00 $24,500.00 26.00 $18,200.00 35.85 $25,095.00 11150 Stormwater Pond Excavation, Incl. Haul 450 CY 32.50 $14,625.00 32.00 $14,400.00 40.00 $18,000.00 85.00 $38,250.00 11170 * Topsoil Type A 125 CY 45.00 $5,625.00 55.00 $6,875.00 56.00 $7,000.00 55.00 $6,875.00 11197 Temporary Signing 2 EA 500.00 $1,000.00 500.00 $1,000.00 1,100.00 $2,200.00 1,315.00 $2,630.00 11200 Business Directional Signs 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 11202 * Remove & Reset Existing Mailbox 1 EA 350.00 $350.00 300.00 $300.00 270.00 $270.00 480.00 $480.00 11210 * Cement Concrete Extruded Curb 50 LF 12.00 $600.00 9.00 $450.00 20.00 $1,000.00 20.50 $1,025.00 11215 Storm Sewer Pipe 12" Diameter 120 LF 116.75 $14,010.00 42.00 $5,040.00 40.00 $4,800.00 106.00 $12,720.00 11230 Remove Existing Oil/Water Separator 1 EA 2,500.00 $2,500.00 400.00 $400.00 400.00 $400.00 2,758.00 $2,758.00 11235 Trash Screen, 12" Diameter 2 EA 560.00 $1,120.00 500.00 $1,000.00 450.00 $900.00 865.00 $1,730.00 11240 * Inlet Protection 4 EA 100.00 $400.00 45.00 $180.00 100.00 $400.00 57.00 $228.00 11245 Oil/Water Separator 1 EA 15,700.00 $15,700.00 15,500.00 $15,500.00 14,000.00 $14,000.00 17,750.00 $17,750.00 11255 * Remove Fence & Gates 500 LF 5.00 $2,500.00 5.00 $2,500.00 6.00 $3,000.00 14.75 $7,375.00 11280 Chain Link Fence, Type 1 for Pond 170 LF 41.19 $7,002.30 45.00 $7,650.00 46.00 $7,820.00 45.00 $7,650.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Scarsella Bros., Inc. Rodarte Construction, Inc. Active Construction Inc. Johansen Construction Co. Bid Opening: October 23, 2018, 11:00 AM PO Box 68697 17 East Valley Highway E.PO Box 430 PO Box 674 Seattle, WA 98168-0697 Auburn, WA 98092 Puyallup, WA 98371 Buckley, WA 98321 TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1234 11281 Double 20 Ft. Chain Link Gate 1 EA 1,920.00 $1,920.00 2,000.00 $2,000.00 2,150.00 $2,150.00 2,100.00 $2,100.00 11282 * Chain Link Fence Type 3 350 LF 25.10 $8,785.00 27.00 $9,450.00 21.00 $7,350.00 25.65 $8,977.50 11290 Furnish & Install Steel Ornamental Automated 30 Foot Gate 2 EA 40,500.00 $81,000.00 28,000.00 $56,000.00 25,000.00 $50,000.00 35,200.00 $70,400.00 11295 Single 6 Ft. Chain Link Walk Gate for Pond 1 EA 1,020.00 $1,020.00 1,100.00 $1,100.00 1,150.00 $1,150.00 1,125.00 $1,125.00 11300 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 11325 Sod Installation 170 SY 7.00 $1,190.00 11.00 $1,870.00 11.00 $1,870.00 11.00 $1,870.00 11335 * Seeding, Fertilizing & Mulching 0.1 AC 8,500.00 $850.00 11,000.00 $1,100.00 11,000.00 $1,100.00 11,000.00 $1,100.00 11340 Furnish & Install 6' Steel Ornamental Fence 100 LF 126.78 $12,678.00 140.00 $14,000.00 142.00 $14,200.00 140.00 $14,000.00 11355 Minor Changes 1 CALC 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 11365 Landscaping 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 11390 Quarry Spalls 70 TON 50.00 $3,500.00 42.00 $2,940.00 46.00 $3,220.00 54.02 $3,781.40 SCHEDULE XI TOTAL $561,925.30 $502,500.00 $402,619.20 $615,946.15 SUMMARY: SCHEDULE I TOTAL $1,725,978.00 $1,787,820.00 $2,125,480.77 $1,808,946.00 SCHEDULE II TOTAL $1,581,259.90 $1,742,669.50 $1,540,327.80 $2,031,490.45 SCHEDULE IV TOTAL $93,040.00 $66,570.00 $57,560.00 $84,470.50 SCHEDULE V TOTAL $397,050.00 $462,750.00 $387,000.00 $545,750.00 SCHEDULE VI TOTAL $5,500.00 $28,000.00 $6,500.00 $5,700.00 SCHEDULE VII TOTAL $91,000.00 $88,250.00 $72,770.00 $107,260.00 SCHEDULE VIII TOTAL $45,250.00 $49,750.00 $50,200.00 $49,750.00 SCHEDULE IX TOTAL $525,552.00 $579,740.00 $698,710.00 $527,040.00 SCHEDULE X TOTAL $2,734,400.00 $3,071,000.00 $3,309,100.00 $2,983,475.00 SCHEDULE XI TOTAL $561,925.30 $502,500.00 $402,619.20 $615,946.15 CONSTRUCTION CONTRACT TOTAL $7,760,955.20 $8,379,049.50 $8,650,267.77 $8,759,828.10 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE I: STREET 1000 Mobilization 1 LS 1005 Clearing & Grubbing 1 LS 1010 * Remove Existing Asphalt Concrete Pavement 5,500 SY 1015 Remove Existing Reinforced Cement Concrete Driveway/ Pavement 380 SY 1020 Remove Cement Concrete Sidewalk 50 SY 1025 Remove Cement Concrete Curb & Gutter 1,600 LF 1030 * Remove Cement Concrete Extruded Curb 1,200 LF 1050 * Saw Cut Existing Asphalt Concrete Pavement 3,700 LF 1060 * Roadway Excavation Incl. Haul 250 CY 1065 * Gravel Borrow, Including Haul & Compaction 250 TON 1080 * Crushed Surfacing Top Course, 5/8" Minus 1,600 TON 1095 * HMA Class 1/2", PG58V-22 1,350 TON 1125 * Hot Plant Mix for Temporary Pavement Patch 130 TON 1130 Cement Conc. Pavement 25 CY 1205 Cement Concrete Curb & Gutter 260 LF 1210 * Cement Concrete Extruded Curb 1,550 LF 1270 Temporary 6 Foot Chain Link Fence 1,000 LF 1272 * Remove Fence & Gates 400 LF 1275 * Chain Link Fence Type 3 900 LF 1276 Single 6 Ft. Chain Link Gate 1 EA 1278 40 Foot Slide Chain Link Gate 1 EA 1279 60 Foot Slide Chain Link Gate 1 EA 1280 Double 14 Ft. Chain Link Gate 4 EA 1285 Stone Columns 6% Replacement Ground Improvement 560 SY 1290 Stone Columns 13% Replacement Ground Improvement 1,360 SY 1296 * Remove & Reset Existing Mailbox 1 EA 1315 Pothole Utilities 25 EA 1316 Project Sign Fabrication & Installation 2 EA 1320 Field Office 1 LS 1325 Temporary Fall Protection 1 LS 1330 Settlement Monitoring Trench 1,650 LF 1355 Minor Changes 1 CALC 1360 Existing Irrigation System Removal, Repair and/or Modification 1FA 1365 Reimbursement for Third Party Damage 1 FA 1370 Training 800 HR SCHEDULE I TOTAL Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 700,000.00 $700,000.00 700,000.00 $700,000.00 24,250.00 $24,250.00 20,000.00 $20,000.00 6.25 $34,375.00 14.00 $77,000.00 23.00 $8,740.00 35.00 $13,300.00 43.00 $2,150.00 16.00 $800.00 19.00 $30,400.00 10.00 $16,000.00 10.00 $12,000.00 10.00 $12,000.00 2.50 $9,250.00 5.00 $18,500.00 54.00 $13,500.00 50.00 $12,500.00 56.00 $14,000.00 35.00 $8,750.00 44.00 $70,400.00 35.00 $56,000.00 116.00 $156,600.00 180.00 $243,000.00 205.00 $26,650.00 200.00 $26,000.00 575.00 $14,375.00 600.00 $15,000.00 50.00 $13,000.00 40.00 $10,400.00 13.00 $20,150.00 20.00 $31,000.00 6.00 $6,000.00 10.00 $10,000.00 11.00 $4,400.00 15.00 $6,000.00 28.00 $25,200.00 40.00 $36,000.00 1,200.00 $1,200.00 1,000.00 $1,000.00 8,000.00 $8,000.00 2,500.00 $2,500.00 10,200.00 $10,200.00 5,000.00 $5,000.00 1,500.00 $6,000.00 1,700.00 $6,800.00 400.00 $224,000.00 90.00 $50,400.00 500.00 $680,000.00 160.00 $217,600.00 450.00 $450.00 500.00 $500.00 850.00 $21,250.00 750.00 $18,750.00 1,700.00 $3,400.00 1,000.00 $2,000.00 15,000.00 $15,000.00 50,000.00 $50,000.00 37,000.00 $37,000.00 3,500.00 $3,500.00 43.00 $70,950.00 20.00 $33,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 35.00 $28,000.00 15.00 $12,000.00 $2,375,890.00 $1,800,300.00 5 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE II: WATER 2000 4" Connection to Existing Water Main 1 EA 2005 8" Connection to Existing Water Main 3 EA 2010 10" Connection to Existing Water Main 1 EA 2015 12" Connection to Existing Water Main 2 EA 2017 8" Connection to Existing Double Check Detector Assembly 2 EA 2019 4" Diameter Ductile Iron, Cl 52 Water Main Pipe 25 LF 2025 8" Diameter Ductile Iron, Cl 52 Water Main Pipe 550 LF 2032 8" Diameter Restrained Joint Ductile Iron, Cl 52 Water Main Pipe 70 LF 2034 12" Diameter Restrained Joint Ductile Iron, Cl 52 Water Main Pipe 620 LF 2045 8" Gate Valve, MJ x FL or MJ x MJ or FL x FL 2 EA 2050 12" Gate Valve, MJ x FL or MJ x MJ or FL x FL 20 EA 2052 16" Gate Valve, MJ x FL or MJ x MJ or FL x FL 2 EA 2057 12" Diameter Earthquake Resistant Ductile Iron, Cl 52 Water Main Pipe 1,630 LF 2058 16" Diameter Earthquake Resistant Ductile Iron, Cl 52 Water Main Pipe 405 LF 2059 12" Diameter Double Ball Flexible Expansion Joint 5 EA 2060 Replace Existing Valve Box Top Section & Lid 4 EA 2065 Replace Existing Valve Box Base Section 4 EA 2070 Valve Operating Nut Extender 18 EA 2080 Hydrant Assembly 7 EA 2090 2" Air Release Valve with Chamber 3 EA 2094 Remove Existing Air Release Valve & Chamber 1 EA 2105 Abandon Existing Water Service 5 EA 2107 Temporary Water Connections 1 LS 2110 Abandon & Fill Existing Water Main with CDF 60 CY 2115 Remove Existing Water Main 225 LF 2118 Service Connection 1" Diameter 4 EA 2120 Service Connection 1 1/2" Diameter 4 EA 2125 Service Connection 2" Diameter 1 EA 2145 Water Service Line 1" Diameter 210 LF 2150 Water Service Line 1 1/2" Diameter 220 LF 2155 Water Service Line 2" Diameter 50 LF 2205 1 1/2" Meter Setter 1 EA 2210 1" Meter Setter with Reduced Pressure Backflow Assembly 4 EA 2212 1 1/2" Meter Setter with Reduced Pressure Backflow Assembly 2EA 2215 2" Meter Setter with Reduced Pressure Backflow Assembly 2 EA 2220 Meter Box for Up to 1" Diameter Service 4 EA 2225 Meter Box for 1 1/2 to 2" Diameter Service 5 EA 2230 Relocating Water Meter Assembly 1 EA 2235 Remove Existing Double Check Detector Assembly 2 EA Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 4,100.00 $4,100.00 4,500.00 $4,500.00 4,200.00 $12,600.00 5,500.00 $16,500.00 8,700.00 $8,700.00 6,000.00 $6,000.00 6,600.00 $13,200.00 7,000.00 $14,000.00 6,400.00 $12,800.00 4,000.00 $8,000.00 215.00 $5,375.00 120.00 $3,000.00 118.00 $64,900.00 130.00 $71,500.00 180.00 $12,600.00 200.00 $14,000.00 203.00 $125,860.00 250.00 $155,000.00 1,850.00 $3,700.00 2,000.00 $4,000.00 2,900.00 $58,000.00 4,000.00 $80,000.00 8,500.00 $17,000.00 8,000.00 $16,000.00 260.00 $423,800.00 650.00 $1,059,500.00 175.00 $70,875.00 700.00 $283,500.00 9,500.00 $47,500.00 10,000.00 $50,000.00 175.00 $700.00 600.00 $2,400.00 65.00 $260.00 600.00 $2,400.00 270.00 $4,860.00 350.00 $6,300.00 8,400.00 $58,800.00 15,000.00 $105,000.00 10,800.00 $32,400.00 12,000.00 $36,000.00 3,000.00 $3,000.00 3,500.00 $3,500.00 1,250.00 $6,250.00 500.00 $2,500.00 41,000.00 $41,000.00 30,000.00 $30,000.00 450.00 $27,000.00 250.00 $15,000.00 92.00 $20,700.00 30.00 $6,750.00 1,100.00 $4,400.00 2,800.00 $11,200.00 1,200.00 $4,800.00 3,000.00 $12,000.00 1,400.00 $1,400.00 3,500.00 $3,500.00 40.00 $8,400.00 65.00 $13,650.00 41.00 $9,020.00 70.00 $15,400.00 49.00 $2,450.00 80.00 $4,000.00 1,600.00 $1,600.00 3,000.00 $3,000.00 2,300.00 $9,200.00 5,500.00 $22,000.00 3,800.00 $7,600.00 6,000.00 $12,000.00 4,300.00 $8,600.00 8,000.00 $16,000.00 300.00 $1,200.00 800.00 $3,200.00 425.00 $2,125.00 900.00 $4,500.00 1,700.00 $1,700.00 1,000.00 $1,000.00 2,200.00 $4,400.00 7,500.00 $15,000.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 2240 10" Double Check Detector Assembly 2 EA 2245 Electrical Service for Double Check Detector Assembly 1 FA 2255 * Shoring or Extra Excavation Class B 22,000 SF 2258 * Unsuitable Foundation Excavation Including Haul 85 CY 2260 * Foundation Material, Class I & II 200 TON 2275 * Pipe Zone Bedding 2,200 TON 2290 * Bank Run Gravel for Trench Backfill 4,700 TON 2295 Geotextile Fabric, Non-Woven 200 SY 2300 * Hot Plant Mix for Temporary Pavement Patch 110 TON 2305 24" O.D., 0.375" Thick Steel Casing 365 LF 2310 Remove Existing Water Meter 9 EA 2315 Remove Existing Hydrant Assembly 5 EA 2325 Minor Changes 1 CALC 2330 Remove Existing Valve Box Top Section & Lid 19 EA SUB TOTAL 10% SALES TAX SCHEDULE II TOTAL SCHEDULE IV: STORM SEWER 4000 Ductile Iron Storm Sewer Pipe, 12" Diameter 550 LF 4080 Catch Basin, Type 1 4 EA 4105 Concrete Inlet 4 EA 4120 Vaned Catch Basin Frame & Grate 8 EA 4130 Abandon Existing Storm Sewer Pipe 1 EA 4140 Remove Existing Storm Sewer Pipe or Culvert 110 LF 4145 Remove Existing Catch Basin or Manhole 3 EA 4147 Storm Sewer Pipe Connection 1 EA 4175 * Crushed Surfacing Top Course, 5/8" Minus 20 TON 4180 CCTV Video Inspection of 60" Storm Drain Pipe 1 LS SCHEDULE IV TOTAL SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 4,500 HR 5010 Construction Signs Class A 300 SF 5015 Traffic Control Supervisor 300 HR 5020 Other Temporary Traffic Control 1 LS 5030 Portable Changeable Message Sign (PCMS)550 DAY 5035 Sequential Arrow Sign (SAS)250 DAY 5060 Type III Barricade (Roadway & Pedestrian)30 EA 5075 Permanent Channelization 1 LS SCHEDULE V TOTAL Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 42,000.00 $84,000.00 80,000.00 $160,000.00 35,000.00 $35,000.00 35,000.00 $35,000.00 0.25 $5,500.00 1.00 $22,000.00 69.00 $5,865.00 45.00 $3,825.00 61.00 $12,200.00 30.00 $6,000.00 22.00 $48,400.00 30.00 $66,000.00 41.00 $192,700.00 25.00 $117,500.00 2.00 $400.00 6.00 $1,200.00 205.00 $22,550.00 200.00 $22,000.00 230.00 $83,950.00 600.00 $219,000.00 1,100.00 $9,900.00 500.00 $4,500.00 1,600.00 $8,000.00 1,750.00 $8,750.00 25,000.00 $25,000.00 25,000.00 $25,000.00 425.00 $8,075.00 300.00 $5,700.00 $1,684,415.00 $2,828,275.00 $168,441.50 $282,827.50 $1,852,856.50 $3,111,102.50 100.00 $55,000.00 220.00 $121,000.00 1,000.00 $4,000.00 1,500.00 $6,000.00 1,000.00 $4,000.00 1,100.00 $4,400.00 300.00 $2,400.00 800.00 $6,400.00 1,500.00 $1,500.00 1,000.00 $1,000.00 57.00 $6,270.00 35.00 $3,850.00 800.00 $2,400.00 1,000.00 $3,000.00 3,700.00 $3,700.00 2,500.00 $2,500.00 44.00 $880.00 35.00 $700.00 10,000.00 $10,000.00 4,000.00 $4,000.00 $90,150.00 $152,850.00 57.00 $256,500.00 60.00 $270,000.00 29.00 $8,700.00 30.00 $9,000.00 124.00 $37,200.00 80.00 $24,000.00 8,700.00 $8,700.00 20,000.00 $20,000.00 115.00 $63,250.00 90.00 $49,500.00 105.00 $26,250.00 50.00 $12,500.00 1,800.00 $54,000.00 300.00 $9,000.00 12,000.00 $12,000.00 10,000.00 $10,000.00 $466,600.00 $404,000.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE VI: ELECTRICAL 6025 Traffic Signal Modifications 1 LS SCHEDULE VI TOTAL SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7000 * Seeding, Fertilizing, & Mulching 1.0 AC 7005 Filter Fabric Fence with Backup Support 500 LF 7010 High Visibility Fence 3,000 LF 7015 * Inlet Protection 30 EA 7020 Straw Mulch 1,200 SY 7023 Wattle 200 LF 7025 Plastic Covering 6,000 SY 7027 Pipe Slope Drain 1 LS 7030 ESC Lead 60 DAY 7035 Stabilized Construction Entrance 400 SY 7055 Erosion/Water Pollution Control 1 FA 7060 SPCC Plan 1 LS SCHEDULE VII TOTAL SCHEDULE VIII: ROADSIDE RESTORATION 8002 Landscape Restoration 1 FA 8005 * Topsoil Type A 300 CY 8015 Medium Bark Chip Mulch 150 CY SCHEDULE VIII TOTAL SCHEDULE IX: UPRR BRIDGE SHAFTS 9003 Structure Surveying 1 LS 9012 Shoring or Extra Excavation Cl. A - Shafts 1 LS 9020 Constructing 8.2' Diameter Shaft 204 LF 9040 Gravel Backfill for Drain 83 CY 9045 QA Shaft Test 4 EA 9050 Removing Shaft Obstructions 1 FA SCHEDULE IX TOTAL Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 7,500.00 $7,500.00 14,000.00 $14,000.00 $7,500.00 $14,000.00 6,500.00 $6,500.00 3,000.00 $3,000.00 6.00 $3,000.00 6.00 $3,000.00 3.00 $9,000.00 5.00 $15,000.00 100.00 $3,000.00 105.00 $3,150.00 1.00 $1,200.00 3.00 $3,600.00 4.50 $900.00 10.00 $2,000.00 2.50 $15,000.00 3.25 $19,500.00 9,000.00 $9,000.00 6,400.00 $6,400.00 30.00 $1,800.00 200.00 $12,000.00 51.00 $20,400.00 35.00 $14,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 500.00 $500.00 2,300.00 $2,300.00 $90,300.00 $103,950.00 25,000.00 $25,000.00 25,000.00 $25,000.00 60.00 $18,000.00 35.00 $10,500.00 60.00 $9,000.00 60.00 $9,000.00 $52,000.00 $44,500.00 20,000.00 $20,000.00 40,000.00 $40,000.00 90,000.00 $90,000.00 10,000.00 $10,000.00 4,000.00 $816,000.00 2,100.00 $428,400.00 75.00 $6,225.00 75.00 $6,225.00 2,000.00 $8,000.00 2,500.00 $10,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 $1,040,225.00 $594,625.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE X: RETAINING WALLS 10000 Structure Excavation Class A Incl. Haul 8,000 CY 10003 Shoring or Extra Excavation Cl. A - Walls 1 LS 10050 Gravel Borrow for Structural Earth Wall, Incl. Haul 40,000 CY 10055 Geosynthetic Retaining Wall 6,700 SF 10100 Structural Earth Wall 30,000 SF 10110 6" Underdrain Pipe 350 LF SCHEDULE X TOTAL SCHEDULE XI: FLOFORM 11005 Clearing & Grubbing 1 LS 11010 * Remove Existing Asphalt Concrete Pavement 330 SY 11015 Remove Existing Cement Concrete Pavement 100 SY 11030 * Remove Cement Concrete Extruded Curb 150 LF 11040 Removal of Structures & Obstructions 1 LS 11050 * Saw Cut Existing Asphalt Concrete Pavement 700 LF 11055 Saw Cut Existing Cement Concrete Pavement 150 LF 11060 * Roadway Excavation Incl. Haul 1,300 CY 11075 * Gravel Borrow, Including Haul & Compaction 800 TON 11080 *Crushed Surfacing Top Course, 5/8" Minus 400 TON 11085 Crushed Surfacing Base Course, 1-1/4" Minus 500 TON 11090 *Foundation Material, Class I & II 10 TON 11093 * Unsuitable Foundation Excavation Incl. Haul 50 CY 11095 * HMA Class 1/2", PG58V-22 300 TON 11100 * Pipe Zone Bedding 70 TON 11105 *Bank Run Gravel for Trench Backfill 55 TON 11110 *Shoring or Extra Excavation Class B 540 SF 11125 *Hot Plant Mix for Temporary Pavement Patch 20 TON 11130 Pervious Cement Concrete Pavement 450 CY 11135 Gravel Backfill for Walls 700 TON 11150 Stormwater Pond Excavation, Incl. Haul 450 CY 11170 * Topsoil Type A 125 CY 11197 Temporary Signing 2 EA 11200 Business Directional Signs 1 FA 11202 * Remove & Reset Existing Mailbox 1 EA 11210 * Cement Concrete Extruded Curb 50 LF 11215 Storm Sewer Pipe 12" Diameter 120 LF 11230 Remove Existing Oil/Water Separator 1 EA 11235 Trash Screen, 12" Diameter 2 EA 11240 * Inlet Protection 4 EA 11245 Oil/Water Separator 1 EA 11255 * Remove Fence & Gates 500 LF 11280 Chain Link Fence, Type 1 for Pond 170 LF Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 40.00 $320,000.00 35.00 $280,000.00 115,000.00 $115,000.00 5,000.00 $5,000.00 56.00 $2,240,000.00 32.00 $1,280,000.00 25.00 $167,500.00 25.00 $167,500.00 28.00 $840,000.00 35.00 $1,050,000.00 15.00 $5,250.00 30.00 $10,500.00 $3,687,750.00 $2,793,000.00 11,000.00 $11,000.00 20,000.00 $20,000.00 6.25 $2,062.50 14.00 $4,620.00 43.00 $4,300.00 35.00 $3,500.00 10.00 $1,500.00 10.00 $1,500.00 16,000.00 $16,000.00 1,500.00 $1,500.00 2.50 $1,750.00 5.00 $3,500.00 6.00 $900.00 10.00 $1,500.00 54.00 $70,200.00 50.00 $65,000.00 56.00 $44,800.00 35.00 $28,000.00 44.00 $17,600.00 35.00 $14,000.00 46.00 $23,000.00 30.00 $15,000.00 61.00 $610.00 30.00 $300.00 69.00 $3,450.00 45.00 $2,250.00 116.00 $34,800.00 220.00 $66,000.00 22.00 $1,540.00 30.00 $2,100.00 41.00 $2,255.00 25.00 $1,375.00 0.25 $135.00 1.00 $540.00 205.00 $4,100.00 200.00 $4,000.00 340.00 $153,000.00 350.00 $157,500.00 48.00 $33,600.00 55.00 $38,500.00 66.00 $29,700.00 35.00 $15,750.00 60.00 $7,500.00 35.00 $4,375.00 600.00 $1,200.00 1,500.00 $3,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 450.00 $450.00 500.00 $500.00 13.00 $650.00 20.00 $1,000.00 165.00 $19,800.00 100.00 $12,000.00 4,000.00 $4,000.00 2,500.00 $2,500.00 650.00 $1,300.00 500.00 $1,000.00 100.00 $400.00 105.00 $420.00 25,000.00 $25,000.00 15,000.00 $15,000.00 11.00 $5,500.00 15.00 $7,500.00 50.00 $8,500.00 60.00 $10,200.00 S. 228th St. Union Pacific Railroad Grade Separation Ground Improvements & Embankments Bid Opening: October 23, 2018, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 11281 Double 20 Ft. Chain Link Gate 1 EA 11282 * Chain Link Fence Type 3 350 LF 11290 Furnish & Install Steel Ornamental Automated 30 Foot Gate 2 EA 11295 Single 6 Ft. Chain Link Walk Gate for Pond 1 EA 11300 Erosion/Water Pollution Control 1 FA 11325 Sod Installation 170 SY 11335 * Seeding, Fertilizing & Mulching 0.1 AC 11340 Furnish & Install 6' Steel Ornamental Fence 100 LF 11355 Minor Changes 1 CALC 11365 Landscaping 1 FA 11390 Quarry Spalls 70 TON SCHEDULE XI TOTAL SUMMARY: SCHEDULE I TOTAL SCHEDULE II TOTAL SCHEDULE IV TOTAL SCHEDULE V TOTAL SCHEDULE VI TOTAL SCHEDULE VII TOTAL SCHEDULE VIII TOTAL SCHEDULE IX TOTAL SCHEDULE X TOTAL SCHEDULE XI TOTAL CONSTRUCTION CONTRACT TOTAL Tucci & Sons, Inc.Engineer's Estimate 4224 Waller Rd.Susanne Smith Tacoma, WA 98443-1623 $10,367,174.00 $9,658,847.50 UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT 5 2,300.00 $2,300.00 3,000.00 $3,000.00 28.00 $9,800.00 50.00 $17,500.00 50,000.00 $100,000.00 30,000.00 $60,000.00 1,200.00 $1,200.00 500.00 $500.00 5,000.00 $5,000.00 5,000.00 $5,000.00 20.00 $3,400.00 12.00 $2,040.00 6,500.00 $650.00 3,000.00 $300.00 150.00 $15,000.00 130.00 $13,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 85.00 $5,950.00 75.00 $5,250.00 $703,902.50 $640,520.00 $2,375,890.00 $1,800,300.00 $1,852,856.50 $3,111,102.50 $90,150.00 $152,850.00 $466,600.00 $404,000.00 $7,500.00 $14,000.00 $90,300.00 $103,950.00 $52,000.00 $44,500.00 $1,040,225.00 $594,625.00 $3,687,750.00 $2,793,000.00 $703,902.50 $640,520.00 $10,367,174.00 $9,658,847.50 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT The City of Kent is committed to building a safe, thriving, sustainable and inclusive community. 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