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Home My WebLink AboutCity Council Meeting - Council - Agenda - 06/03/2003 t w uty of Kent �ltu ouncil Meeteing Agenda n x. June 3, 2003 Mayor Jim White Councilmembers Judy Woods, Council President "-Tft��'ek Julie Peterson Connie- E erly Bruce White Leona Orr Rico Yingling ,,, , • I K EN T uJ^' Vk'v".Cti' Cit "clerk's Office • �� RCNT SUMMARY AGENDA W A b N I N O T O N KENT CITY COUNCIL MEETING June 3, 2003 Council Chambers 7.00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods,President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling I CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3 CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Employee of the Month B American Public Works Association Award for 272nd Corridor 5. PUBLIC HEARINGS None - 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. Kent Commuter Rail Station Garage Operation and Maintenance Agreement— Authorize D. Sound Transit Second Amendment to the Transportation Improvement Agreement—Authorize E LID 329 Signal Improvement, Railmad/City Agreement—Authorize F. Smith Street Improvement, Railroad/City Agreement—Authorize G. Bill of Sale, Hazel Gardens LLC—Accept H. Bill of Sale, Strawberry Place Phase I—Accept I. Bill of Sale, Strawberry Place Phase II—Accept 7. OTHER BUSINESS A. (key olution to Locate Tpdgr Joe's in Kent—Adopt B. ll&dth Care Premiums%*lution—Ado t l u t`� S C. Utility Tax Increase and Amendment-( nance—Adopt 306 8. BIDS A. 2003 Asphalt Overlays B. 2003 Intersection Improvements and Asphalt Overlay (continued next page) SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION None 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT NOTE. A copy of the fill agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent wa.us An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) AMERICAN PUBLIC WORKS ASSOCIATION AWARD FOR 272ND CORRIDOR CONSENT CALENDAR 6 City Council Action _ / Councilmember W o 6 DCU moves, Councilmember ULIw seconds to approve Consent Calendar Items A through I. Discussion Action 0 6A. Approval of Minutes Approval of the minutes of the regular Council meeting of May 20, 2003. 6B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 15, 2003 after auditing by the Operations Committee on June 3, 2003. Approval of checks issued for vouchers. Date Check Numbers Amount 5/15/03 Prepaids 548240 $ 406,706.38 5/15/03 Regular 548896 1,674,890.48 5/15/03 Wires 1421-1429 1,161,249.26 $3,242,846.12 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2003: Date Check Numbers Amount 5/20/03 Checks* 270197-270526 $ 237,199.69 5/20/03 Advices 147980-148664 1,192,628.05 $1,429,827.74 *Includes interim of 5/13/03 4270197 void and reissue of#269742 Council Agenda Item No. 6 A-B Kent City Council Meeting May 20, 2003 The regular meeting of the Kent City Council was called to order at 7 00 p in by Mayor White Councilmembers present. Clark, Epperly, Orr, Peterson, White, Woods and Yingling Approximately 75 people were at the meeting (CFN-198) CHANGES TO AGENDA A From the Public. (CFN-198) Continued Communications Items A, B and C were added PUBLIC COMMUNICATIONS A. Emereency Medical Services Week. (CFN-155) Mayor White read a proclamation declaring the week of May 18-24, 2003, as Emergency Medical Services Week and presented it to Fire Lt Pawlak PUBLIC HEARINGS A Madison Avenue and Harrison St. Street Vacation. (CFN-102) Resolution 1637 established this date for the public hearing on the application from Campbell/Nixon & Associates to vacate portions of Madison Avenue and Harrison Street Planning Manager Anderson explained the street vacation and noted for Council that the conditions are not unusual and will provide safety Mayor White opened the public hearing There were no comments from the audience and WOODS MOVED to close the public hearing Orr seconded and the motion carried ORR MOVED to approve staffs recommendation of approval with conditions of the application to vacate portions of Madison Avenue and Harrison Street, as referenced in Resolution 1637, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval Woods seconded and the motion carried CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through V Orr seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of May 6, 2003, were approved. B Approval of Bills. (CFN-104) Payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 6, 2003, was approved as follows Approval of checks issued for vouchers Date Check Numbers Amount 4/30/03 Wire Transfers 1410-1420 $1,181,150 65 4/30/03 Prepays & 547553 424,791 81 4/30/03 Regular 548239 2,229,432 70 $3,835,375.16 1 Kent City Council Minutes May 20, 2003 ARVroval of checks issued for payroll for April 1 through April 15 and paid on April 18, 2003. Date Check Numbers Amount 4/18/03 Checks 269597-269884 $ 257,539 56 4/18/03 Advices 146607-147293 1,171,963 72 $1,429,503 28 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2003 Date Check Numbers Amount 5/5/03 Checks 269885-270196 $ 234,229.83 5/5/03 Advices 147294-147979 1,196,863 20 $1,431,093 03 C. Final Public Access Studio Agreement. (CFN-274) The contract between the City of Kent and Puget Sound Access for transfer and operation of the Public Access Facility was approved and the Mayor was authorized to sign it, as recommended by the Operations Committee. D S. 25916 St. Street Vacation. (CFN-102) Resolution No. 1639 setting the public hearing date on the petition to vacate a portion of South 259th Place for July 1, 2003, was adopted, as recom- mended by the Public Works Committee. E. Department of Health Grant. (CFN-122sf) As recommended by the Public Safety Committee, the State of Washington Department of Health grant in the amount of$4,000 was accepted and the Fire Department was authorized to apply the funds toward the purchase of Bic's "play safe! be safe!" curriculum F Surplus Fire Engine. (CFN-122sf) The donation of a previously surplused 1986 Pierce Engine/Aid Unit(apparatus 712,VIN#040115) to Peru was approved, as recommended by the Public Safety Committee G. IAC Land for Water Conservation Fund Program Grant Applications. (CFN-118gf) Resolutions 1640, 1641 and 1642 authorizing submittal of grant applications to the Interagency Committee for Outdoor Recreation to acquire additional property at Clark Lake Park,East Hill X Park, East Hill Park and Morrill Meadows Park were adopted, as recommended by the Parks Committee H. Transportation Improvement Board Grant Agreement. (CFN-1038) The Mayor was authorized to sign grant agreement#8-1-106(028)-1, direct staff to accept the grant, and establish a budget for the funds to be used on the Central Avenue North, George Street to Smith Street, project, as recommended by the Public Works Committee I. DARE Transfer of Funds. (CFN-122sf) The request that funds be transferred from the DARE account to the SEO (School Education Officer)program was approved, as recommended by the Public Safety Committee. 2 Kent City Council Minutes May 20, 2003 J Safe House Mini Grant. (CFN-122sf) A $500 mim grant from King County Community Organizing Program for use in Domestic Violence Safe Houses/Relocation programs was accepted and establishment of budget documents was authorized, as recommended by the Public Safety Committee K Washington Traffic Safety Commission Grant. (CFN-122sf) The Washington Traffic Safety Commission grant in the amount of$5,000 to fund officer overtime for the seat belt enforcement program was accepted, and establishment of budget documents as required was authorized, as recommended by the Public Safety Committee L Special Response Team Operation Agreement. (CFN-122sf) As recommended by the Public Safety Committee, the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle creating the Valley Special Response Team was approved and the Mayor was authorized to execute it M Cultural Development Authority Grant. (CFN-118gf) The $1,000 award was accepted and the Arts Commission budget was amended, as recommended by the Parks Committee N Regional Affordable Housing Program. (CFN-118sf) The Mayor was authorized to sign the Regional Affordable Housing Program Interlocal Cooperation Agreement between King County and local cities administering funds, as recommended by the Parks Committee. . O. King Conservation District Grants. (CFN-118gf) Grants to reimburse the Green River Trail Native Planting and the 132" Avenue Retention Pond Planting were accepted and the capital budget was amended, as recommended by the Parks Committee P. Interlocal Mutual Agreement with King County and the University of Washington. (CFN-122sf) The Interlocal Cooperative Agreement to provide Law Enforcement Mutual Aid and Mobilization between the Cities of King County, the University of Washington, and King County was approved and the Mayor was authorized to execute same, as recommended by the Public Safety Committee Q Emergency Response Power Outages at Sienalized/Maior Intersections. (CFN-1038) Administration was directed to take a proactive position in the management of traffic during regional or widespread emergencies within the city, as recommended by the Public Works Committee. R. S. 266`' St. Street Vacation. (CFN-102) Ordinance No 3644 vacating, with conditions, that portion of SE 2660 right-of-way between 128'h Avenue SE and 132"d Avenue SE as described in the petition submitted by Pacific Land Consulting, Inc , was adopted, as recommended by the Public Works Committee. S Transfer of Funds Agreement. (CFN-493) An agreement with King County to transfer unobligated Community Development Block Grant funds to the City of Kent's Housing and Urban • Development Line of Credit was approved and the Mayor was authorized to sign same, as recom- mended by the Operations Committee 3 Kent City Council Minutes May 20, 2003 T. Clark Lake park Agreement. (CFN-118gf) The Clark Lake Park Agreement with Aquatic Resource Consultants to assess the aquatic life and the outfall of Clark Lake was approved, and the • Mayor was authorized to sign, as recommended by the Parks Committee. U. Drinking Driver Countermeasure Grant. (CFN-122sf) The Washington Traffic Safety Commission grant in the amount of$65,750 was accepted and establishment of budget documents was authorized. V Community Oriented Policing Service. (CFN-122sf) The Police Department was authorized to apply for the COPS Homeland Security Overtime Program grant in the amount of$53,220 BIDS A. Central Avenue Improvements. Smith Street to George Street. (CFN-1038) The bid opening was held on May 12 with three bids received. The low bid was submitted by R W Scott Construction Co. in the amount of$1,120,798.60. The Engineer's estimate was $1,010,376.20 The Public Works Director recommended awarding this contract to R. W. Scott Construction CLARK MOVED that the Central Avenue Improvements contract be awarded to R. W Clark Construction Co for the low bid amount of$1,120,798 60, subject to concurrence of the State Transportation Improvement Board Peterson seconded and the motion carved B. West Fork Soosette Creek Improvements. (CFN-1038) The bid opening was held on May 12 with seven bids received. The low bid was submitted by Pivetta Brothers Construction in the amount of$716,045.44 The Engineer's estimate was $725,366.88 The Public Works Director recommended awarding the contract to Pivetta Brothers Construction. CLARK SO MOVED, Peterson seconded and the motion carved C. S. 248'h Street Improvements (941h Avenue S. to 100'h Avenue SE) (CFN-1038) The bid opening was held on May 12 with six bids received The low bid was submitted by R W. Scott Construction in the amount of$723,495 96 The Engineer's estimate was $791,725 80 The Public Works Director recommended awarding this contract to R W. Scott Construction. CLARK SO MOVED, Peterson seconded and the motion earned D. Canterbury Neighborhood Park Development. (CFN-118gf) The bid opening was held on May 8 with nine bids received The apparent low bid was submitted by T F Sahli Construction in the amount of$289,775 00, including Alternates 1 and 2, plus Washington State Sales Tax. The Engineer's estimate was $315,000 00 WOODS MOVED to approve of and authorize the Mayor to sign the agreement with T F Sahli Construction in the amount of$289,775, including Alternates 1 and 2, plus tax, and to amend the project budget to include 10% contingency. Epperly seconded and the motion earned. REPORTS E. Planning Committee. (CFN-198) Orr noted that the next meeting will beheld at 3:00 p in. on June 17 . G Administrative Reports. (CFN-198) Martin noted an executive session of approximately 20 minutes regarding potential litigation and personnel 4 Kent City Council Minutes May 20, 2003 . CONTINUED COMMUNICATIONS A Medical Costs. (CFN-198) Bob O'Brien, 1131 Seattle Street, said it would show leadership if the Council would adopt an ordinance forgoing the automatic salary increase for next year, and to initiate a 20% co-pay for themselves Mayor White noted that he and all department heads have already asked that they not receive any cost of living adjustment next year Orr added that she requested that her salary increase be returned to the General Fund or the Drinking Driver Task Force B Wages. (CFN-198) Ted Kogita, 25227 Reith Road, said averages can't be used, and that the Council should look at numbers. C Domestic Violence. (CFN-198) Kathy Jeffrey, 25903 271h Place South, voiced concern about the closure of the domestic violence unit in the City Attorney's Office, and asked the Council to continue the unit Mayor White noted that domestic violence is a high priority and that alternatives for next year's budget are being considered EXECUTIVE SESSION (CFN-198) The meeting recessed to Executive Session at 725 p.m. and reconvened at 8.00 p in. ACTION TAKEN AFTER EXECUTIVE SESSION Litigation. (CFN-1277&198) WOODS MOVED to authorize the law firm of Keating, Bucklm and McCormick to represent the City Council in the Kent Station Master Planned Development • appeal brought by Kent C.A R E S , to authorize that firm to issue pre-hearing procedural decisions, and to ratify all acts consistent with this motion. Orr seconded and the motion carried. ADJOURNMENT (CFN-198) WOODS MOVED to adjourn at 8.00 p in Peterson seconded and the motion carried Brenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1. SUBJECT: KENT COMMUTER RAIL STATION GARAGE OPERATION AND MAINTENANCE AGREEMENT—AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, approve and authorize the City of Kent to enter into an Interlocal Operation and Maintenance Agreement with Sound Transit for the use of the Kent Commuter Rail Station Garage until 2034 with an option to renew until 2040 The Agreement allows the general public to use the garage for non-rail commuting purposes on weekdays after the last tram leaves in the morning and during all operating hours on weekends. The Agreement also limits the circumstances in which Sound Transit can charge for parking in the garage. The City of Kent will pay for the incremental operations and maintenance costs (estimated to be between $75,000 and $100,000 a year) associated with general public use of the garage. The developer of the Kent Station project will assume these costs. 3 EXHIBITS: Economic Development Manager memorandum and Interlocal Operations & Maintenance agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION- Council Agenda Item No. 6C OFFICE OF THE MAYOR Jim White, Mayor 400 Phone 253-856-5700 Fax 253-856-6700 K E N T Address 220 Fourth Avenue S WA SXINGTON Kent,WA 98032-5895 DATE: May 19, 2003 TO: Kent City Council Public Works Committee FROM: Nathan Torgelson, Economic Development Manager THROUGH Mayor Jim White SUBJECT: Operation and Maintenance Agreement for Use of Kent Commuter Rail Station Garage SUNINIARY: The City of Kent has negotiated an Interlocal Operation and Maintenance Agreement with Sound Transit for the use of the Kent Commuter Rail Station Garage until 2034 with an option to renew until 2040 The Agreement allows the general public to use the garage for non-rail commuting purposes on weekdays after the last train leaves in the morning and dunng all operating hours on weekends The Agreement also limits the circumstance in which Sound Transit can charge for parking in the garage The City of Kent will pay for the incremental operations and maintenance costs (estimated to be between $75,000 and $100,000 a year) associated with general public use of the garage BUDGET IAIPACT This proposed action has an estimated unbudgeted cost ofbet�Neen S75,000 and $100,000 a year The City is, how ever, negotiating for the developer of the Kent Station project to assume these costs MOTION I moNe to recommend,inot recommend appro�at of the Operating and Maintenance Agreement for Use of the Kent Commuter Rail Station Garage to the Kent City Council BACKGROUND: In 2001 Sound Transit completed construction of an 871 stall parking garage next to the Kent Commuter Rail Station The City of Kent agreed to contnbute S4 million towards the construction of the parking garage Sound Transit's onginal plans were to build a surface parking lot King County is also contributing $2 million toward the construction of the garage for use by its transit customers The Agreement recognizes that the primary purpose of the garage is to provide parking for Sound Transit (commuter rail) and King County Metro (bus) commuters. The Agreement, however, also permits parking by the general public for non-rail purposes to maximize the public benefit from investment in the garage The Kent Station developer is using the parking garage to satisfy the project parking requirement The peak use of the parking garage by commuters will be during the morning and afternoon hours on weekdays, while the peak use of the parking garage by the general public will be evenings and weekends The primary public (non-commuter) users of the garage will be patrons of the proposed 12-screen Kent Station Cineplex, which will be located directly north of the garage Kent Council Public Works Committee I O&M Agreement for Garage May 2, 2003 Per the Agreement, the general public will be able to park in the garage on weekdays after the last commuter rail train leaves the station during the morning hours, and during all operating hours on weekends. After the Kent Station project opens, the operating hours of the garage will be extended and will be from 6.30am to 2 30am The Agreement requires the City of Kent to pay Sound Transit the incremental costs to operate and maintain the parking garage for use by the general public, including fixed and variable costs. The Agreement is valid until 2034 with an option to renew for one additional six-year term until 2040 The Agreement also reserves Sound Transit's nght to charge for parking in the future,but only under special circumstances. These circumstances include if the parking garage reaches capacity before the last train leaves in the morning, if the City or a private party within the immediate area charges for parking, or if Sound Transit adopts a system-wide policy to charge for parking in all of its parking structures. The Sound Transit Board is scheduled to take action on this Agreement at its May 8`' meeting We look forward to talking with you about this Agreement at your May 5 Public Works Committee meeting If w e may answer any questions prior to the meeting, please call Nathan Torgelson at 856-5703. attachment Kent Council Public Works Committee 2 O&M Agreement for Garage May 2, 2003 INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF KENT FOR THE USE OF THE KENT COMMUTER RAIL STATION GARAGE TABLE OF CONTENTS Page 1.0 Scope of the Agreement 2.0 Parking Structure Described 3.0 Ownership and Operation 4.0 Use by the General Public 5.0 Operations and Maintenance 6.0 Reimbursements 7.0 Audits, Inspections and Retention of Records 8.0 Designated Representatives 9.0 Dispute Resolution 10.0 Legal Relations 11.0 Insurance 12.0 Legal Compliance 13.0 Cessation of Operation 14.0 Termination of Agreement 15.0 Notice Requirements 16.0 Effective Date and Term of Agreement 17.0 Execution of Agreement 18.0 FTA Approval EXHIBITS Exhibit A: Description of Parking Structure Exhibit B: Operating Hours Exhibit C: Map of area surrounding Parking Structure Exhibit D: List of Fixed Costs Exhibit E: List of Variable Costs AGREEMENT THIS AGREEMENT is entered into this day of , 2003, by and between the Central Puget Sound Regional Transit Authority (hereinafter referred to as "Sound Transit") and the City of Kent (hereinafter referred to as the"City") and as may be referred to individually as "Party" and collectively as "Parties". RECITALS WHEREAS, pursuant to Chapter 81 112 070 RCW and public vote, Sound Transit is authorized to perform regional high capacity transportation functions within Sound Transit's jurisdictional boundary as set forth in Sound Move, its ten year Regional Transit System plan, and WHEREAS, Sound Transit and the City are authorized by Chapter 39.34 RCW to enter into agreements for cooperative action"to make the most efficient use of their powers;" and WHEREAS, Sound Transit currently owns and operates a parking structure with 871 parking stalls along with surrounding improvements located in Kent next to the Kent Commuter Rail Station (hereinafter the "Parking Structure"), and WHEREAS, the City and Sound Transit entered into a Commuter Rail Project Interlocal Agreement dated April 9, 1998 in which the Parties expressed their mutual desires to 1. Integrate the Project development with existing infrastructure and development, including other transit facilities, private facilities, utilities, and parking, and develop operational plans that minimize project impacts, 2. Derive the maximum effectiveness out of Sound Transit's investment by implementing accessible and efficient facilities and services; including adequate park-and-nde capacity, bus transfer facilities, and bicycle/pedestnan access, and 3 Work toward development of transit-onented land use policies to attract and shape development around transit facilities in ways that benefit both transit users and the community, and WHEREAS, Sound Transit originally had planned to build a surface parking lot for the Kent Commuter Rail Station, and WHEREAS, the City and Sound Transit entered into a Commuter Rail Station Parking Structure Interlocal Agreement on December 16, 1999 ("Parking Structure Construction Agreement"), in which the City agreed to contribute $4,000,000 towards the building of a Parking Structure rather than a surface parking lot, and Page 1 of 14 WHEREAS, King County had agreed to pay Sound Transit $2,000,000 toward the construction of an additional 191 stalls in the Parking Structure for use by its transit customers, and WHEREAS, the Parties agree that the primary purpose of the Parking Structure is to provide parking for Sound Transit and King County Metro commuters, and WHEREAS, in the Parking Structure Agreement, Sound Transit also agreed to permit parking by the general public for non-rail purposes, subject to terms and conditions to be established by a later use agreement; and WHEREAS, the Parties agree that permitting the general public to use parking spaces not being used by Sound Transit and King County Metro commuters maximizes the public benefit from the investment in the Parking Structure, and WHEREAS, the City's planned "Kent Station" project relies upon the Parking Structure for satisfying the parking requirements of certain proposed uses of adjacent property, and WHEREAS, the uses contemplated by the City on its land surrounding the Parking Structure would require that the Parking Structure be opened until the early morning hours and on weekends, and WHEREAS, the City agrees that Sound Transit should not have to bear any additional cost that are a result of non-commuter use of the facility WHEREAS, the City and Sound Transit desire to enter into this Parking Structure Use Agreement ("Agreement") to establish terms and conditions relating to the use of the Parking Structure by the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 Scope of the Agreement This Agreement specifies the relationship and roles of the Parties as to the use and contribution to the costs of operating and maintaining the Parking Structure. The terms of this Agreement shall control in the event it is in conflict with the more general terms of the Parking Structure Construction Agreement 2.0 Parking Structure Described A description of the Parking Structure is attached to this Agreement as Exhibit "A" and incorporated by this reference i3.0 Ownership and Operation Page 2 of 14 Sound Transit owns and operates the Parking Structure. Sound Transit shall be responsible for the control and use of the Parking Structure, subject to the terms of this Agreement and its agreement with King County. 4.0 Use by the General Public 41 Use The operating hours of the Parking Structure are provided in Exhibit `B" The general public, under the rights secured in this Agreement by the City of Kent, may use the parking spaces in the Parking Structure for non-transit related purposes, with the following exceptions, limitations and reservations, 4.1.1 Exceptions The following stalls are available to transit users only a. Parking stalls identified as accessible only to persons with disabilities 4.1.2 Limitations a Weekdays, non-holiday The general public may park in the Parking Structure beginning when the last train leaves before noon or 10 AM., whichever is later, until closing b Weekends and State Holidays The general public may park in the Parking Structure during all operating hours except as otherwise provided in section 4 13 below 4.1.3 Reservations Sound Transit reserves the right to further limit parking by the general public in the following circumstances. a In up to 191 parking stalls (excluding parking identified for persons with disabilities) if the County's transit customers do not have access to at least 191 parking stalls on any day, before 9.00 P M ; or b In all parking stalls when damage, destruction, renovation, maintenance or other conditions make it necessary to close portions of the Parking Structure. 4.2 Cost to the General Public Page 3 of 14 . Parking will initially be free However, Sound Transit reserves the right, without limitation of other parking restrictions to charge the general public to park in the Parking Structure under the following circumstances: a The City charges for parking on any of its streets, surface parking lots, or parking structures, b Any other parking structure, garage or surface parking lot within the shaded area depicted on Exhibit "C" charges for parking, C. The Parking Structure has reached "Capacity." Capacity is reached when the Parking Structure is 95% full (excluding ADA parking) prior to the last tram leaving before noon or 10 A M , which ever is later, during eight out of 10 consecutive business days The counting to determine Capacity can be requested by Sound Transit at anytime Sound Transit, with a representative of the City, if the City wishes to participate, shall count actual open spaces by driving through the Parking Structure starting at the ground floor at the time the last morning tram pulls into the station or 10 A.M , whichever is later Under this subsection (c), Sound Transit may only charge the public to park until noon However, this subsection does not prohibit Sound Transit from charging for parking if any of the other subsections of section 4 2 are satisfied ; d. When it is determined that the County's transit customers do not have use of 191 parking stalls on any day before 9 00 P M., or e. Sound Transit adopts a system-wide policy to charge for parking in all of its parking structures 5.0 Operations and Maintenance 5.1 Maintenance, Repair and Replacement Responsibilities 5.1.1 Sound Transit Sound Transit shall be responsible for the maintenance and the operation of the Parking Structure, except as otherwise provided in this Agreement 5 12 City The City has proposed in-kind maintenance to offset some of its reimbursements for operation and maintenance of the Parking Structure Although the Parties could not agree on this at the time of the execution of the Agreement, the Parties agree to revisit the issue in connection with the annual meetings held per subsection 6 3,below 6.0 Reimbursements 6 1 Baseline Operation and Maintenance Costs The City agrees to pay Sound Transit the incremental cost to operate and maintain the Parking Structure for use by the general public. This incremental cost to be paid by the Page 4 of 14 City is the cost that Sound Transit must expend above baselines established in subsection . 6.1 1 and 6 1.2 below for the actual fixed and variable costs of Sound Transit to operate and maintain the Parking Structure. The City's obligation to pay these incremental costs will begin the same month that any portion of the City's Kent Station project opens for business to the public, which is expected to be July 2004 6 1 1 Fixed Costs. Fixed costs are expenditures that are not expected to fluctuate due to an increase in garage use by commuters. Increases in fixed costs, if any, will be caused by use of the Parking Structure by the general public. The categories of Fixed Costs are listed in Exhibit "D" a For Fixed Cost expenditures listed in Exhibit "D," except for security, an initial baseline will be established January 1, 2004 and will include the fixed costs incurred in each category in 2003. Given that King County Metro will not be using the Parking Structure for the full 2003 calendar year, the baseline will be adjusted to reflect King County Metro use of the Parking Structure for the full year based on costs incurred once King County Metro begins using the Parking Structure Each year thereafter, and subject to adjustments made in accordance with section 6 3, the baseline will be calculated on January 1 by multiplying the past year's baseline by the national CPI-W for the previous twelve-month period that ended on December 31 The City shall pay all fixed costs incurred by Sound Transit above the baseline. The City agrees that in attributing costs for such Fixed Cost that are directly linked to the hours of operation, such as the cost of security, Sound Transit's hours of operation will be deemed to be between one-half hour before the first train arrives and one-half hour after the last train arrives (but not before 9.00 PM on weekdays) The City agrees that regardless of the possible use of the Parking Structure by the Sound Transit's or King County Metro's transit customers during extended hours requested by the City, the Fixed Cost increase associated with these extended hours shall still be attributed to the City 6.1.2 Variable Costs. Variable Costs are expenditures that are expected to fluctuate with an increase in commuter use. Incremental increases in variable costs will be attributable to increased Commuter Use (including use by King County Metro's customers) and increased use by the general public Commuter Use is use of the Parking Structure by Sound Transit or King County Metro customers for purposes of boarding a train or bus operated by Sound Transit or King County Metro at the Kent Commuter Rail Station. The categories of variable costs are specified in Exhibit"E". a. Two baselines shall be established for variable costs in 2004. Page 5 of 14 (i) The first baseline will be established January 1, 2004 and will include the variable costs paid in 2003 Given that King County Metro will not be using the Parking Structure for the full 2003 calendar year, the baseline will be adjusted to reflect King County Metro use of the Parking Structure for the full year based on costs incurred once King County Metro begins using the Parking Structure (u) The second baseline shall be comprised of two components the percentage of Parking Structure users attributed to either Sound Transit or King County Metro transit users and the percentage of Parking Structure users attributed to use by the general public as measured by the actual count of cars entering the Parking Structure during operating hours Given that public use of the Parking Structure is not expected to begin until July 2004, the count of cars entering the Parking Structure shall be measured the first week in November 2004. In 2004, the City shall pay an amount equal to the increase in variable costs multiplied by the percentage of garage use attributable to the general public, retroactive to the month that any portion of the . City's Kent Station project opens for business to the public b Two baselines for variable costs shall be established for 2005 and each year thereafter (1) The first baseline for 2005, and each year thereafter, will be established January I" and will include the variable costs from the previous year (n) The second baseline for 2005, and each year thereafter, shall be comprised of two components the percentage of Parking Structure users attributed to commuter use and the percentage of Parking Structure users attributed to use by the general public as measured by the actual count of cars entering the Parking Structure during operating hours the third week in July and the third week in October In 2005, and each year thereafter, the City shall pay 1) the amount paid the previous year for variable costs, and 2) an amount equal to the increase in variable costs from the previous year multiplied by the percentage of Parking Structure use attributable to the general public 62 Schedule of Reimbursements f Page 6 of 14 At the end of each calendar quarter, Sound Transit shall submit an invoice to the City that . includes the reimbursements due from the City for cost in accord with subsection 6 1 above These costs shall be estimated for the first three-quarters based on the previous year, and shall be adjusted in the fourth quarter to reflect actual costs due under subsection 6 1 The City shall pay the amount of its reimbursements, less any in-kind maintenance by the City, within thirty(30) days after receipt of Sound Transit's invoice. 63 Adjustments 6.3 1 Necessity and Frequency of Services Sound Transit and the City shall meet at least once per calendar year to discuss the necessity of performing the listed services and tasks in greater frequency, or new tasks that are deemed necessary by the parties, the extent to which these services or tasks are properly designated as a fixed or variable costs However, it will be Sound Transit's decision as to the continued necessity of a particular service or the need for greater frequency or intensity of a particular task. The Parties will also discuss adjustments to the baseline due to cost-saving actions by Sound Transit that do not necessarily reduce the cost associated with use by the general public. 6 3 2 Baseline Adjustments In the calculation or adjustment of the fixed cost baseline, the City agrees that but for the use by the City, the Parking Structure would open one-half hour before the first train arrives and close one-half hour after the last tram arrives (but not before 9 00 P M. on weekdays). Therefore, for example, the cost associated with charging the general public to park because of certain capacity issues being met under section 4 2(c) and 4 2(d) shall be bome by the City Further, the City agrees that use of the Parking Structure by Sound Transit's or the County's transit customers during any extended operating hours requested by the City is deemed incidental and not a basis for adjustment of the fixed cost baseline Therefore, for example, the cost associated with limiting parking by charging the general public and the cost of additional security during City-requested extended hours will be borne by the City 6.3.3 Written Amendment The list of operations and maintenance tasks and services in Exhibit "D" and "E" may be modified by a written amendment 64 Structure Mid-life Adjustments The mid-life of the Parking Structure is 2017, and it is anticipated that at that time there will be costs associated with the long term maintenance and repair of the Parking . Structure that may not have been previously identified in Section 6.0, such as fixture Page 7 of 14 upgrades or replacements Prior to 2018, the Reimbursements in Section 6 0 will be adjusted to reflect these long-term costs. The parties shall discuss these adjustments during the meetings held under subsection 6 3 and if no agreement is reached the dispute resolution process in Section 9 0 shall be used If an agreement is not reached using the dispute resolution process, the matter shall be settled by binding arbitration by a single arbitrator who has experience in real estate matters. The arbitration will be administered by JAMS if the parties have not otherwise agreed to use a different arbitrator or arbitration process. Each party will submit to the arbitrator and each other at least ten (10) days in advance of the hearing its best offer for the adjustments to Section 6 0 and the rational for the same The arbitrator shall be limited to choosing one of the two proposals. Each party will bear the cost of its own attorney's fees and one-half of the cost of the arbitrator. The same process as is described above shall be used to adjust the Reimbursements in Section 6 0 prior to the renewal period beginning in 2035 7.0 Audits,Inspections and Retention of Records 71 Audits and Inspections The Parties, the State Auditor, the FTA, and any of their representatives shall have full access to and the nght to examine, during normal business hours and as often as they deem necessary, all of each Party's records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all Agreements, invoices, materials, payrolls, and other matters covered by or related to this Agreement 72 Retention of Records All documents, books, papers, accounting records, and other materials pertaining to this Agreement shall be retained by each Party for six years, except in the event of litigation or settlement of claims ansrng from the performance of this Agreement, in which case each Party agrees to maintain same until all such litigation, appeals, claims or exceptions are finally resolved. 8.0 Designated Representatives To ensure effective cooperation, each Party shall designate representatives responsible for communications between the Parties on certain subjects The Parties reserve the right to change Designated Representatives, with notice to the other Party. 9.0 Dispute Resolution 91 Step One In the event of any dispute concerning this Agreement, the Operations Manager of Sound Transit's Commuter Rail Division or designee and the Chief Administrative Officer for the City or designee shall confer to resolve the dispute. Said representatives shall use Page 8 of 14 their best efforts and exercise good faith to resolve disputes and issues arising out of, or related to this Agreement In the event they are unable to resolve the dispute, the Operations Manager and the Chief Administrative Officer shall confer and exercise good faith to resolve the dispute 9.2 Step Two In the event the Operations Manager and the Chief Administrative Officer are unable to resolve the dispute, the Executive Director of Sound Transit and the Mayor of the City shall engage in good faith negotiations to resolve the dispute. 93 Step Three- Mediation In the event the Executive Director of Sound Transit and the Mayor of the City are unable to resolve the dispute, the parties may submit the matter to a mutually agreed upon non- binding mediator. The Parties shall share equally in the cost of the mediator 94 Prerequisite to Litigation Sound Transit and the City agree that they shall have no right to seek relief in a court of law until and unless the above procedural steps have been exhausted. 10.0 Legal Relations 101 No Agency It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors, shall be deemed, or represent themselves to be, employees of the other ply 10.2 No Third Party Rights It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties 10.3 Liability for Own Employees Each party specifically assumes potential liability for actions brought by its own employees against the other party and for that purpose the indemnifying Party specifically waives, with respect to the other Party only, any immunity under the Worker's Compensation Act, RCW Title 51, and each Party recognizes that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the Page 9 of 14 provision of RCW 4 24 115, if applicable Each Party to this Agreement shall reasonably notify the other of any and all claims, actions, losses or damages that anse or are brought against that Party relating to or pertaining to this Agreement In the event either Party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section against the other party, all such fees, costs and expenses shall be recoverable by the prevailing Party 104 Indemnification The City shall protect, defend, indemnify, and save harmless Sound Transit, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, ansing out of, or in any way resulting from, the negligent or intentional acts or omissions of members of the general public not using the Parking Structure as a park-and-nde transit facility. 105 Survival of Terms The provisions of this section shall survive any expiration or termination of this Agreement 11.0 Insurance Each party agrees, at its own expense (except as otherwise provided in this Agreement), to maintain coverage for its liability exposures for the duration of this Agreement 12.0 Legal Compliance 12 1 Successors and Others in Interest This Agreement, together with all extubits and attachments now or hereafter made a part, shall be binding on the Parties and their respective heirs, executors, administrators, successors and assigns. 12 2 Assigns The City may not assign its rights to general public parking to another party, except for another governmental entity, and only with the prior written consent of Sound Transit. 12.3 Amendments and Modifications This Agreement shall not be modified except by written amendment signed by personnel authorized to bind the parties. Amendments or modifications that do not exceed previously approved budgets may be authorized on behalf of Sound Transit by the Executive Director and on behalf of the City,by its Mayor 12 4 Severability Page 10 of 14 If any provisions of this Agreement are held invalid by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated 13.0 Cessation of Operations If Sound Transit determines that it will cease operating commuter rail service at the Kent Commuter Rail Station, and if King County does not wish to purchase the Parking Structure, Sound Transit shall provide the City with written notice and an opportunity to purchase the Parking Structure improvements and underlying real property. If the parties are unable to reach agreement on the terms of such a transfer, either party may invoke the dispute resolution procedures provided in this Agreement If the parties cannot thereby reach agreement on the terms of such a transfer, the parties shall agree upon the selection of a neutral party to establish the fair market value of the Parking Structure If upon obtaining the fair market value from the neutral party, an agreement is not reached, Sound Transit may proceed with selling the Parking Structure to an outside party at which time this Agreement shall terminate The terms of any sale by Sound Transit, other than to King County, shall include provisions that the new owner will either use the Parking Structure for use by the general public, or negotiate with the City the right for the City to purchase use for the general public 14.0 Termination of Agreement 141 Termination and Remedies for Material Breach Either Party may terminate this Agreement in the event the other fails to perform a material obligation under this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other Party Written notice of termination of this Agreement shall be given by the Party terminating this Agreement to the other party not less than one hundred eighty days (180) days prior to the effective date of termination. 142 Termination Plan Prior to termination of this Agreement by expiration of the term or as provided in this Section, the Parties agree to develop a coordinated plan for terminating the Agreement that includes compensating for Parking Structure use or services satisfactorily rendered up until the time of termination 15.0 Notice Requirements Any notice given under this Agreement shall be in writing and given by sending such notice by registered mail, return receipt requested, with postage prepaid addressed as follows, or at such other address as the Party to be notified last directed in writing, or by serving said notice personally. The effective date of notice shall be the date of personal service or the date of receipt as shown on the return receipt, as applicable. The agency contacts for this project are as follows. Page 11 of 14 City Chief Administrative Officer City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Sound Transit Director of Commuter Rail Sound Transit 401 South Jackson Street Seattle, Washington 98104-2816 16.0 Effective Date and Term of Agreement This Agreement shall be effective on the last date signed, and end on December 31, 2034, subject to adjustments to Reimbursements in Section 6 4 Additionally, so long as the City is not in default of this Agreement and Sound Transit (1) plans at that time to continue operating commuter rail through the City, (11) plans to continue using the Parking Structure for commuter rail customer parking, then the City shall have the option to renew this Agreement for one (1) additional term to expire on June 1, 2040 subject to adjustments to Reimbursements in Section 6 The option must be exercised in writing and delivered to Sound Transit at least one hundred and eighty(180) calendar days before the end of the term then in effect. 17.0 Execution of Agreement This Agreement shall be executed in two (2) counterparts, any one of which shall be regarded for all purposes as one original. 18.0 Subject to FTA Approval The use of the Parking Structure as contemplated by the Parties is subject to compliance with NEPA and approval of the FTA IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its duly authorized officer or representative as of the date set forth below its signature and as of the date first written above. CITY OF KENT CENTRAL, PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") By By. Jim White,Mayor Joan M. Earl, Executive Director Date Date Page 12 of 14 APPROVED AS TO FORM. APPROVED AS TO FORM Tom Brubaker, City Attorney Sound Transit Legal Counsel Page 13 of 14 EXHIBIT A DESCRIPTION OF PARKING STRUCTURE That property in Kent Washington, held in fee by Sound Transit bounded on the North by Temperance Street, on the East by First Avenue North, on the South by West Smith Street, and on the West by the Second Avenue North extension now know as Ramsay Way, except for those portion that have been conveyed or will be conveyed to the City of Kent Page 14 of 14 EXHIBIT B PARKING STRUCTURE OPERATING HOURS The Parking Structure will initially be open for parking as follows. Weekdays One-half hour before the arrival of the first morning-train until one-half hour after the last tram (but not before 9 00 p in ) Weekends Closed, except for special Sounder service State Holidays: Closed Sound Transit, at the request of the City of Kent, will increase the operating hours of the Parking Structure so that it is opened every day from at least 6 30 a in. to 2 30 a m. EXHIBIT C DIAGRAM E James Stpq =�a O LC Z Pioneer St Regional Justice a Center Tern erance St ed rrdg W Smith St a a N Q Q 9C G Cson St C V Al *Shaded area in diagram above is referred to in Section 4 2(b) I EXHIBIT D FIXED COSTS I Security a Security Officers 2 Utilities a. Pay Phones, Elevator Emergency Phones b Drainage—storm water 3 Ongoing Maintenance a. Landscaping and Irrigation b. Pest Control c. CCTV/Panic buttons d Oil and Water separators/detention, annual cleaning e. Elevator Maintenance 4 Vandalism Repair 5 Parking Fee Collection a Capital costs to build collection booths and gates, set up system to differentiate between transit and general public parking b Operations and maintenance relating to parking fee collection 6 Collection of data (i e , car counting) for determining variable costs. EXHIBIT E VARIABLE COSTS 1 Janitorial and Maintenance including supplies a Elevator cabin/door cleaning—2 cabins b Trash/ashtrays c Trash can liners d Parking level sweeping—5 level (recommended 2x/mo) e. Stairs—sweep/blow (reasonable frequency) f. Stairs—dust handrails/wet mop (reasonable frequency) g, Interior garage trash hand pick 5 levels h Exterior landscaped area trash hand-pick i Garbage disposal. 2. Major Maintenance a Includes complete restrnping, concrete leakage, crack repairs, new concrete sealer, membrane applications and painting, etc 3 Ongoing Maintenance a Paintmg/Seahng/Stnping Parking Lot b Concrete and Masonry c Electncal/Plumbmg/Mechamc d Glass Repair and Replacement 4 Insurance and payment of claims up to Sound Transit's insurance deductibles. Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1. SUBJECT: SOUND TRANSIT SECOND AMENDMENT TO THE TRANSPORTATION IMPROVEMENT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an Agreement with Central Puget Sound Regional Transit Authority which is intended to constitute the full, final settlement and release of all remaining issues between the parties on this project subject to the Public Works Director's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E. Public Works Director 400 Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S W.S.I.GTON Kent,WA 96032-5895 DATE: May 5, 2003 TO: Mayor White ent City Council FROM: Don Wickstro bhc Works Director SUBJECT: Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority SUMMARY: Among the conditions of the Agreement signed April 7, 1999 between Sound Transit and the City of Kent for the development of the Sound Transit Commuter Rail Station in the City of Kent, Sound Transit was required to construct various off site improvements Sound Transit has not yet completed these improvements and a disagreement arose with the City as to the exact nature and extent of the remaining improvements. This Second Amendment reflects an agreement and cost allocation reached by the parties for construction of these off-site transportation improvements In essence the City is splitting the cost difference between%%hat would ha,,e been Sound Transit's costs associated with completing the remaining off-site transportation impro%ements and what the City owes Sound Transit for its share of the garage and other requested improvements That cost difference is $924,000 The City will now construct all the remaining improvements upon Sound Transit securing all the nghts of way therefore. Sound Transit will forgive all monies owed them by the City which is estimated to be $1,221,945 and pay the City $462,000 The bottom line is transportation improvements get done, the Commuter Rail Station project gets finalized and the City gets a parking use agreement on the garage BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact Monies for the City share of the improvements($462,000) are imbedded in the funding for the City's Kent Station Project MOTION Recommend authorizing the Mayor to sign the Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority which is intended to constitute the full, final settlement and release of all remaining issues between the parties on this project subject to the Public Works Director's and the City Attorney's concurrence of the language therein BACKGROUND Back on April 7, 1999 Sound Transit executed an agreement with the City which committed Sound Transit to construct certain traffic improvements associated with the development of it Commuter Rail Station project Further on December 16, 1999 the City executed an agreement to pay Sound Transit$4,000,000 to construct a parking structure rather than a surface parking lot To date Sound Transit has completed the garage, the landing platforms and only some of the traffic improvements The yet to be completed transportation Mayor White and Kent City Council Second Amendment to the Transportation Improiement May 5, 2003 Agreement with Central Puget Sound Regional Transit 1 Authority-Consent improvements are estimated to cost $2,145,945 including pennit fees etc,but excluding right of way acquisition On the other hand the City presently owes Sound Transit $1,221,945 for the balance of its garage commitment and for other improvements it requested. The result is a net difference of$924,000. Recently Sound Transit has taken exception to the exact nature and extent of the remaining improvements. In addition an agreement with Sound Transit per City use of the available parking spaces within the garage which is important for the City's Kent Station project and is allowed for under the December 161h agreement is still outstanding. In order to resolve all outstanding issues without going into protracted negotiations or litigations a compromise of splitting the difference was reached. Sound Transit, however, must still acquire all rights of way or pay us to do so. Sound Transit will pay the City$462,000 and the City w ill then construct all the remaining transportation improvements which means they will in fact get built and in a timely manner. Sound Transit will execute an agreement for the City use of the parking garage. With executing of this agreement along with one for City use of the parking garage, paying of the momes, furnishing of the right of way, for all practical purposes to Sound Transit their Commuter Rail Station project is done For the City it gets its garage use agreement but more importantly the transportation improvements associated with the Commuter Rail Station get done and this project that has been in the works for over 5 years and under construction for over 3 years finally is finished Mayor White and Kent City Council Second Amendment to the Transportation lmprotenent May 5, 2003 Agreement with Central Puget Sound Regional Transit 2 Authority-Consent . SECOND AMENDMENT TO THE TRANSPORTATION IMPROVEMENT AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF KENT The Central Puget Sound Regional Transit Authority ("Sound Transit"), with offices located at 401 South Jackson Street, Seattle, Washington 98104, and the City of Kent ("City") with offices located at 220—4`h Avenue South, Kent, Washington 98032, hereby enter into this Second Amendment to the Transportation Improvement Agreement as signed by Sound Transit and the City (collectively referred to herein as "the Parties") on April 7, 1999 1. Recitals A Sound Transit is a duly organized regional transit authority existing under Chapters 81 104 and 81 112 RCW and has all powers necessary to construct and operate a high capacity regional transportation system including transit center facilities B The City of Kent is a noncharter code city duly organized under Title 35A, RCW C. As part of Sound Transit's application for a Conditional Use Permit ("CUP") for development of the Sound Transit Commuter Rail Station in the City of Kent ("the Project"), the City required that Sound Transit construct various transportation improvements within the City D The City's Hearing Examiner issued a decision approving the Conditional Use Permit, with conditions E Among the conditions issued under the CUP, Sound Transit is required to construct, pursuant to City of Kent Construction Standards, the street improvements set forth in the Transportation Improvement Agreement Between the Central Puget Sound Regional Transit Authority and the City of Kent ("Agreement") on April 7, 1999. F The Parties have previously amended the Agreement by execution of the First Amendment To The Transportation Improvement Agreement Between The Central Puget Sound Regional Transit Authority And the City of Kent ("First Amendment") signed by Sound Transit in May of 2000 and the City in April of 2000 G In February 2001, Sound Transit substantially completed Phase I of the Project, which included the basic station components in the City of Kent, including the station platforms, temporary and permanent parking facilities, and some street improvements to Railroad Avenue and James Street. H By March 2002, Sound Transit had substantially completed the construction of a five-level, 871-stall parking garage,part of Phase 2 of the Project. I Additional on-site work at the station site is complete J. By Letter Agreement dated March 18, 2003, Sound Transit agreed to pay the City $195,000 for improvements to First Avenue (between Temperance Street and West James Street) that Sound Transit was responsible for under the Conditional Use Permit and the Agreement. K Sound Transit has not yet completed all off-site transportation improvements required by the Agreement and by the vanous permits issued for the Project L Sound Transit and Kent disagreed on the exact nature and extent of the remaining off-site transportation improvements yet to be constructed, but the parties have come to an agreement and cost allocation for the construction of these off-site transportation improvements, which is reflected in this Second Amendment to the Agreement 2. Purpose and Scope This Second Amendment is intended to constitute the full, final settlement and release of all offsite work required of Sound Transit under the Agreement, including its amendments, and the CUP It is further intended to settle all costs owing between the parties for the construction of the Project, including the offsite transportation improvements. Last, it is intended to be a final agreement between the parties, settling all remaining issues between them relating to this Project 3. Final Payment From Sound Transit to City The City owes Sound Transit $914,000 out of the $4,000,000 it promised to Sound Transit to build a parking structure rather than a surface lot under the Commuter Rail Station Parking Structure Interlocal Agreement dated December 16, 1999 ("Parking Structure Agreement"), $10,000 for pedestnan level street lights, $5000 for installation of curb and gutter on Second Avenue between Smith and Temperance Streets, $150,000 for the City's share to participate in the installation of traffic signalization at the intersection of Smith Street and Second Avenue, and $142,945 for watermain installation on Second Avenue and Temperance Street (provided that Sound Transit undergrounds all overhead electrical, telephone and cable TV facilities existing along First Avenue between Smith Street and Temperance Street) Sound Transit will have to pay for the construction of the remaining improvements as required under the CUP, and also for various costs related to permit fees, construction plans and specifications, appraisals and title reports, and acquisition of right of way. In consideration of the rights and obligations established in 2 this Second Amendment, which modifies the First Amendment and the Agreement, and . as full and final payment of all sums due between the parties, Sound Transit agrees to waive payment of the remaining $914,000 due under the Parking Structure Agreement and the additional construction costs described above, and in addition, Sound Transit will pay the City an additional Four Hundred Sixty-Two Thousand dollars ($462,000) to have the City construct the remaining improvements specified in section 4 below, to acquire certain nght-of-way specified in section 5, and to be relieved of any other obligations under the CUP and otherwise with regard to Project 4.0 City to Construct Improvements In consideration for this payment and for the rights and obligations set forth in this Second Amendment, the City will construct, at its sole cost, the following improvements* • Railroad Avenue North 2" minimum Class B overlay from STA 82+25 to West James Street • First Avenue North half-street improvements between West Temperance Street & West Smith Street • First Avenue North undergrounding utilities between West Smith Street and West Temperance Street • West Smith Street left turn improvements at Second Avenue North • West Smith Street left turn improvements at Railroad Avenue North • Pioneer Street full street improvement between Central Avenue and Railroad Avenue North • Signal Improvements: Second/Smith and Pioneer/Central 5. Property Acquisition and Demolition/Reconstruction Costs Except as otherwise provided below, Sound Transit remains responsible to obtain all right-of-way required to complete the above-listed improvements and to deed that right- of-way to the City Without limiting this requirement, the nght-of-way that Sound Transit is responsible for includes (a) all Smith Street nght-of-way west of First Avenue North, including cost of demolition and/or reconstruction of the existing building on the Reiman property, (b) all remaining outstanding additional right-of-way required along Pioneer Street between Central Avenue and Railroad Avenue, and (c) that portion of Sound Transit's property on First Avenue North from West Smith Street to West Temperance Street associated with the respective frontage improvements there along including corner radii at the intersections The City shall be responsible for the acquisition of any non-Sound Transit owned right-of-way necessary to construct the left turn pocket on West Smith Street onto Railroad Avenue North In addition, Sound Transit shall deed to the City right-of-way it owns (a) along Second Avenue between Smith Street and Temperance Avenue associated with above-listed frontage improvements 3 6. CUP Conditions Satisfied Upon payment of all monies due under this Second Amendment and upon provision of all nght-of-way, including allocation for demolition/reconstruction costs on the Reiman property acceptable to the City, all conditions to the Project CUP will be satisfied in full. 7. Certificate of Occupancv to Issue Upon payment of all monies due under this Second Amendment and upon provision of all right-of-way, including allocation for demolition/reconstruction costs for the Reiman property acceptable to the City, the City will, within two working days, issue the Certificate of Occupancy for full use of the parking structure. 8. Time of Completion of Construction The City will make reasonable efforts to complete the construction of improvements listed in this Second Amendment as soon as possible, and in any event will use its best efforts to complete all construction within twelve (12) months of Sound Transit's provision of the Reiman property nght-of-way to the City. 9. Third-Party Fundine To the extent that Sound Transit is eligible to receive funding from a third-party for work that the City has agreed to perform on behalf of Sound Transit under this Second Amendment, the City shall provide to Sound Transit, all necessary documentation of completion of such work including documentation of costs. To the extent that third-party funding can be acquired for work related the left turn pocket on Railroad Avenue North onto West Smith Street, the Parties agree to share equally in the savings, the funding, or reimbursement resulting from the third-party funding. 10. OriOnal Agreement to Remain in Effect Except as modified by this Second Amendment, all the terms and conditions of the Agreement as modified by the First Amendment will remain in full force and effect. THIS SECOND AMENDMENT will take effect on the last date entered below. CENTRAL PUGET SOUND CITY OF KENT: REGIONAL TRANSIT AUTHORITY: By By Jim White Its Its Mayor DATE DATE- 4 APPROVED AS TO FORM: Jordan Wagner, Legal Counsel Tom Brubaker, Kent City Attorney ATTEST: Brenda Jacober, City Clerk 5 Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1 SUBJECT: LID 329 SIGNAL IMPROVEMENT, RAILROAD/CITY AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an Agreement with Union Pacific Railroad Company covering the costs associated with installing a traffic light pre-emption to the existing crossing signal system subject to the Public Works Director's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E PUBLIC WORKS DEPARTMENT Don E.Wickstrom, P E Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S w A 5"I N"O" Kent,WA 98032-5895 DATE: May 19 2003 TO: Pub4M orks Committee FROM: Don kstrom, Public Works Director SUBJECT: improvement of Existing Public Highiiay Crossing At M.P. 166.66—Seattle Subdivision Agreement SUMMARY: Agreement with Union Pacific Railroad Company covenng the costs associated with a traffic light pre-emption to existing crossing signal system. BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact AIOTION- Recommend authorizing the Mayor to sign the Improvement of Existing Public Highway Crossing at MP 166 66— Seattle Subdivision Agreement with Union Pacific Railway Company to cover costs associated with a traffic light pre-emption to existing crossing signal system subject to the Works Director's and the City Attorney's concurrence of the language therein BACKGROUND The City is installing a traffic signal a the intersection of 74th Ave S and West Willis Street (SR 516) to improve access into the mdustnal area located South of Willis Street LID 329 has been formed and property owners are aware of the updated costs associated with the signal project The contract to install the signal was awarded by Council on April 1, 2003 This agreement will allow Union Pacific Railroad to proceed with the installation of the traffic signal pre-emption equipment associated with the Rail Road grade crossing enabling the traffic signal to become fully operational upon completion of the traffic signal installation Kent Council Public Works Committee Improvement of Existing Public Highway Crossing At M P 166 66-Agreement May 19,2003 1 UNION PACIFIC RAILROAD COMPANY J W TRUMBULL ENGINEERING SERVICES DEPARTMENT Manager 5424 S E McloughLn BNO inCusMa18 PubLc Projects Portland OR 97202 (503)03)872-1 809 at Fax (503)872-1900 May 2, 2003 City,of Kent Public Works 220 4 h Avenue South ay Kent. WA 98032-5895 Attn John Rostad—Signal Operations Engineer IMAt. () r 2007 Dear Mr Rostad .,+YC'JEev Subject Crossing.Public WA, Kent Willis Street MP 16666 Seattle Subdnision DOT 396 581 U This is regarding a traUic light pre-emption project at the aboi c noted location Attached are ttto copies of agreement cucuted by the Railroad cot cnng costs associated%%uh a traffic light pre-emption to our evstmg crossing signal sy stem Please e,.ecute on behalf of the City ►%%dl need y our authorization to order materials before I can order materials and schedule a gang to do the cork Smcercly. John W Trumbull Manager Industry and Public Projects Agreement Number Improvement of Existing Public Highway Crossing At M P. 166 66— Seattle Subdivision 741"Avenue South Kent, King County, Washington THiS AGREEMENT, made and entered into as of the_day of , by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter the "Railroad") and the CiTY of KENT, a municipal corporation of the State of Washington to be addressed at 400 West Gowe Street, Kent, Washington, 98032-5595 (hereinafter the "City"), WITNESSETH RECITALS The City intends to install a traffic signal at the intersection of 74'" Avenue S, 2nd West Willis Street (SR 516) To reduce the likelihood of a motorist being caught on the railroad tracks and impeded from moving off the tracks by%ehrcles stopped at the signal, the City desires that the Railroad install equipment to detect trains approaching the existing grade crossing with sufficient advance warning as to allow preemption of the traffic signals in Kent, Washington (hereinafter the "Project") The pan of the City's Project that affects the Railroad is that portion of the right-of-vvay of the Railroad at Mile Post 16666, Seattle Subdivision (hereinafter the "Crossing Area") shown outlined in heavy black line on the attached print dated February 24, 2003, marked Evhibit C AGREEMENT. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Article I WORK TO BE PERFORMED BY THE RAILROAD (a) The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide !lagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient within the Railroad's right-of-way because of the Project Such work shall include, without limitation, the installation of automatic warning devices as reflected on Exhibit A (b) The Railroad shall, at its sole cost and expense, maintain, repair, and replace the warning devices installed hereunder; PROVIDED, HOWEVER, that this provision shall not Arttcks of Agrccm nt Page 1 of 13 negate the Railroad's eligibility for any further federal, state or local or other public funds that may become available for the maintenance of said devices. (c) The City agrees to pay the Railroad the actual cost of the Railroad's work perforned and materials supplied as hereinabove set forth, %%hich is estimated to be One Hundred Eighty Seven Thousand Seven Hundred and Ninety Five dollars ($187,795.00) Actual costs to the Railroad include customary additives to materials and services provided by the Railroad as shown on Exhibit D, attached hereto and hereby made a part hereof Article 11. IF WORK iS TO BE PEFORNIED BY CONTRACTOR If a contractor is to do any of the work performed on the Project (including initial construction and subsequent relocation or substantial maintenance and repair %%ork), then the City shall require its contractor to execute the Railroad's form of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances %%ill the City's contractor be allowed onto Railroad's premises without first executing the Contractor's Right of Entry Agreement Article 111. CERTIFICATE OF INSURANCE (a) Before any work on the Premises begins, the City or its contractor/subcontractor (as defined in Section 5(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 ofthis Agreement in a policy containing the following endorsement. "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out of Insured's performance of the kNork." (b) The City or its contractor/subcontractor WARRANTS that this agreement has been thoroughly rexieu ed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. Article IV. EFFECTIVE DATE, TERM This Agreement shall become effectime as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided. Article V. AGREEMENT SUPPLEMENTARY. This Agreement is entered into pursuant to the terms of a December 16, 1970, agreement between the parties which obligates the City to bear the cost of railroad signal work necessitated by its highway improvements. This Agreement is supplementary to and does not terminate the December 16, 1970,agreement. Anicks of Agreement Pete 2 or 13 Article VI ADNI1NISTRATIVE HANDLING CHARGE The City shall pay the Railroad an administrative handling fee of Five Hundred Dollars (S50000) upon execution of this agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By Title CHIEF ENG! EER ��tLZf1 Attest CITY OF KENT By Title- Its Pursuant to Resolution/Orderdated (Seal) hereto attached Articles or Agreement Page 3 or 13 EXHIBIT A Public Hiehway Crossing Section 1. CONSTRUCTION OF HiGHWAY. (a) The City, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. (b) Except as may be othen%lse specifically provided herein, the City, at its own expense, will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-«ay), and all necessary and proper drainage facilities, guard rails or barriers, and nght-of-way fences between the highway and the railroad tracks Upon completion of the Project, the City shall remove from the Railroad's property all temporary structures and false work, and a ill leave the Crossing Area in a condition satisfactory to the Railroad (c) Except as may be specifically provided herein, the Railroad shall not be required to pay or contribute any part of the cost of the Project. If the Project is to be financed in whole or in part of Federal funds, all construction work by the City shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in accordance pith the applicable Federal acts, regulations, and this Agreement (d) All construction work of the City upon the Railroad's property (including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President-Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the City, and approved in writing by the Railroad's Vice President-Engineering Services (e) All construction work of the City shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as maybe specified in writing by the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent and subject to such reasonable conditions as the Railroad may specify It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the City The City hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. (f) if the Project includes construction of a structure over which trains are to be 0 operated, or for which the Railroad has any responsibility for maintenance, the City shall furnish Articles of Agreement Pagel of 13 the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative Upon completion of construction, the City shall furnish the Railroad mo sets of "as constructed"prints and, in addition, upon request of the Vice President-Engineering Services of the Railroad, "as constructed" pennanent reproducible prints of all or any portion of the structure Section 2. INJURY AND DAMAGE TO PROPERTY if the City, in the performance of any work contemplated by this Agreement or by the failure to do or perfonn anything for which the City is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Vice President-Engineering Services Section 3. PAYMENT FOR WORK BY THE RAILROAD COMPANY. (a) Bills for work and materials shall be paid by the City promptly upon receipt thereof. The Railroad will submit to the City current bills for (lagging and other protective senices and deuces during progress of the Project The Railroad will submit final billing for flagging and other protective senices wnhm one hundred and twenty (120) days after . completion of the Project, pro),ided the City adm ises the Railroad of the commencement of the 120-day period by gi,6 ing the Railroad w ntten notification of completion of the Project (b) The Railroad may contract for the performance of any of its work by other than railroad forces The Railroad shall notify the City of the contract price w ithr ninety(90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract Section 4. MAINTENANCE (a) If the Project mvohes a grade crossing The City shall, at its ow n sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, w hich shall be maintained by and at the expense of the Railroad. (b) If the Project involves a public highway crossing under the Railroad's tracks (1) The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure Articles of Agrecm ni Page 5 of 13 (2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the enure superstructure of the highway- railroad grade separation structure (c) if the Project unolves a public highway crossing oxer the Railroad's tracks, the City shall, at its own sole expense, maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire highway-railroad grade separation structure. Section 5. SAFETY MEASURES- PROTECTION OF RAILROAD COMPANY OPERATIONS it is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance, and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said %%ork of the City that the %%ork %vill be performed in a safe manner and in confomuty with the following standards (a) Definitions- All references in this Agreement to the City shall include the City's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the City shall include work both within and outside of railroad property (b) Compliance with Laixs. The City shall comply %%ith all applicable federal, state and local laws, regulations and enactments affecting the N%ork The City shall use only such methods as are consistent with safety, both as concerns the City, the City's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The City (%%ithout limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations All Federal Railroad Administration regulations shall be follo%%ed N%hen %%ork is performed on the Railroad's premises if any failure by the City to comply with any such laps, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorney's fees, court costs and expenses The City further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. (c) No interference or Delays- The City shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurlenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. (d) Suyern ision- The City, at its own expense, shall adequately police and supervise all work to be performed by the City, and shall not inflict injury to persons or damage to properly for the safety of whom or of Ahich the Railroad may be responsible, or to property of the Railroad The responsibility of the City for safe conduct and adequate policing and supervision Articles of Agreement Page 6 of 13 of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the %Mork site of the Railroad's representatives, or by compliance by the City with any requests or recommendations made by such representatives If a representative of the Railroad is assigned to the Project, the City %ill give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. (e) Suspension of Work If at any time the City's engineers or the Vice President- Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted %%ithout due regard and precaution for safety and security, the City shall immediately suspend the Mork until suitable, adequate and proper protective measures are adopted and provided (0 Removal of Debris The City shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad, and any such material and debris shall be promptly removed from the Railroad's property by the City at the City's oven expense or by the Railroad at the expense of the City The City shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area (g) EBplosives• The City shall not discharge any explosives on or in the vicinity of the Railroad's property "rthout the prior consent of the Railroad's Vice President-Engineenng . Services, which shall not be green if, in the sole discretion of the Railroad's Vice President- Engineering Senices, such discharge would be dangerous or would interfere with the Railroad's property or facilities For the purposes hereof, the "v icinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property The Railroad resery es the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate In addition to any conditions,restrictions or limitations as may be specifically imposed (1) Unless the Railroad's Vice President-Engineering Senices agrees otherwise, the City shall provide no less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives (2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times (3) The City, at its own expense, shall tale all precautionary measures and construct all temporary shelters necessary to guard against danger of • damage, destruction or interference ansuig out of or connected with any Articles of Agreement Page 7 of 13 blasting or any transportation, handling, storage, security or use of explosives (4) The City shall require explosives to be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U — "Blasting and the Use of Explosives'; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H —"Hazardous Alatenals". (h) Obstructions to View. Except as otherwise specifically provided herein, the City shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the City will perform such control or removal .work %wthout expense to the Railroad, or if the City may not lam%fully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal If the crossing is not equipped with automatic tram activated warning devices w ith gate arms (1) The City shall control or remo%e weeds and vegetation uithm and on each side of the Crossing Area so that the view of approaching motorists to approaching trams is not obstructed by weeds or vegetation, and (2) Insofar as it may lawfully do so, the City will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way (1) Excavation- The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad The City shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities The City, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the City in connection w ith construction, maintenance or other work The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President-Engineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. Q) Drainage The City, at the City's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or%%ork of AMCICS of Agrecman Page g of 13 the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others The City shall not obstruct or interfere a ith existing ditches or drainage facilities. (k) Notice Before commencing any work, the City shall provide 48 hours prior notice (excluding weekends and holidays) to the Railroad's Manager-Track Maintenance (1) Fiber Optic Cables Fiber optic cable systems may be buried on the Railroad's property Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits, City shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City If it is, City will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable pnor to beginning any iN ork on the Railroad's premises. Section 6 NTERibI WARNiNG DEVICES If at an}lime it is determined by a competent authority, by the City, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the City shall install adequate temporary v.ammg devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed Section 7 OTHER RAILROADS All protective and indemnifying proN tsions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. Section 8 REMEDIES FOR BREACH OR NONUSE. If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other nghts and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the City will reimburse the Railroad for the expenses thereof Section 9 ASSIGNMENT SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the %rotten consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Articles of Agreement page of 13 EXHIBIT B Public Road Insurance Requirements The City and/or its Contractor/Subcontractor shall, at its ORn and!or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay \%hen due all premiums for that insurance. The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises The other insurance coverage described in paragraphs A, B and C below shall be kept in force by the City during the life of this Agreement. A. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of $4,000,000 This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a war%er of go%emmental immunity(ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of City's obligation to Railroad in the Agreement If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, %%hich shall be m%oked should insurance covering the time period of this Agreement be cancelled B Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equnalent covering all motor %ehicles including hired and non-owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of City's obligation to Railroad in the Agreement C. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000 Also compliance with all laws of states which require participation in their state workers' compensation fund D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of$2,000,000 per occurrence with a $6,000,000 aggregate The policy form shall be AAR-AASHTO with broad form coverage for"Physical Damage to Property" (ISO Form GL 00 30) or as revised iSO-RIMA (Fonn CG 00 35) and include pollution arising out of fuels and lubricants brought to the job Articles of Agreement Page 10 or 13 site (ISO Form CG 00 35) and include pollution ansing out of fuels and lubricants brought to the lob site (ISO Fonn CG 2831 or equivalent) If the Lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy eNpiration date The City and/or its Contractor(s)/Subcontractor(s) hereby wane their right of subrogation, as respects the aboNe insurance pohcy(tes), against Railroad for payments made to or on behalf of employees of City or its agents or its Contractors)/Subcontractor(s) and for foss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property City's and/or its Contractor's Subcontractor's insurance shall be primary with respect to any insurance earned by Railroad City and'or its Contractor(s)/Subcontractor(s) shall furnish to Railroad cenificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies The insurance company(ies) issuing such pollcy(les) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty(30) days prior thereto The insurance pohcy(ies) shall a wntten by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. Articles of Agreement Page I I of 13 � 1 I ;� Ai: iiE ue fNr _ 't •'• � i �Ri 3�i tsi BG N -I ` - -- _ _-_ ' " ; ;, ' I-� .. Asa .•a i � 1�. _ I ' a a a i !I I if 'XI im is S . - iaa r i ' t II 1 dZr '-�',1 o'r i •!' t f•f � � � 'C�.:Q7 Flab y / •, i ' i I I sn �. '., ^� I i�^ iaa It a;a 's m • - l , - , Y �; pia 9e :FL d fil�SI �`"R a 'tT�r I a c I ;� • _ Ivia� � �- _e —_ — —� { ,a 1 x Intl■ •eoe.e 1 • a i i t a � i I � I • I . ! � � f `i6!!Ca Zxa .Al4�: iiaib - -z- -'-'aa:- eJ !39 1 p u i i "00 • p EXHIt5IT u CATE :CO2-03-15 EST1t�TE OF tAUP1PL 12'D FCRCE ACCOUNT 4CFK BY TUC LTIIOII FACIFIC FAILKAD '' c RIFT . OF IrDFK IN57ALL CVF�PE C4GS>i11G +h?9IUG c.Srrryg AT 'rI LLIS G :hYE3 ST: INKc'VT WA 1'P !66 65 C 167 29 ALfi3 A PE:4;TE 4? vP 1^5 E1 4LL ON T,E S-n=.LE 3.3 S:CI"L Pi:JECT w?:F;54 N L j:PNS^I! 465-632i PMT-K,AD TO FEFFO4y AL: NOR% / CCST CISTUB7.,E0 AS FOUCO E SIG"J;;J. - CITY OF 1---N7 Mt R2=LECTI2LE FIC 33727 i,FO 315'.4 MP,SL'EDIV 1FE 69, SEATTLE SEOVICE U;rT 19 CITY YE`IT STATE VA DES CRI FT I011 QTY LO,IT 1-35OR t'ATE 4I vh UCCLL LPPF TOTAL ........... ... .... ..... ....... ..... ..... Eipi�T_ERItiG hOfd E 1z;:t:EEP,:N3 101s3 10.93 11192 LAECR ADDIT:J- 1MI 15105 16105 16165 5:;-vvt 3-!IG 1478 147E 1478 -------- T;T.AL Er7G I9EERI9G 27776 27776 27776 SERA! ii:PF 14A:'L ST APE L11G15E ::50 3150 2150 5 I CNAL E3001 Ei001 6300i 5:1L PzEF "0 900 9C0 CO%TRACT 6300 6300 E20C E4J:FM_,7 REV'CAL 1.000 1000 !000 F'�REIGI: LINE FREIC9T 1260 1260 12EC LA2CP AtDIT:VE 132t 33711 33711 33711 EPS^Ilgh ZAFEN'5ES 1327; M"G :.275 LES TA1[ 1095 4035 4C35 3:14 24,29 244.i 24423 ?i?75 cOF.TAT:OtJ CP_AioES 4415 <Sla 4419 -'c'�E EpUIFY_:7 4,30 4450 4Z20 _____ ........ 7CT%L S:O\AL 59::9 306550 1EOU13 IE3315 ....... ........ L15DF 1NA-En[AL EI FEI SE 355:5 1003 0 ___--__- fc CLLEC'ISLE/UF7.R Ei PE16'e 19778c 0 -------- ESTIMATED FFOJECT COST 187735 E1is7NG RE`JSEur.E MATEr:AL CFEDIT 0 S ACF E BON-US ABLE I.ATEP1iL CFEDIT 3 FECOLLECTI-LE LESS CPEDI-S --_-•••- THE A2VTE NICEES ARE EST_?!U"ES Ohl."* C--D ,.,S_EcT TD FLUC'dAT:011 114 T:E E71:r.IT OF AS rq:RvySE CR DEC.EASE IN T-E CSST CR OT;'MTITY OF N.i TEVI4L Cr. L4ECR FEQJIFED, UPP a,M BILL FOR ACTUAL CCtiTP'JCT1011 C457E AT 7FE CL4F-CI EFFECTIVE F_=-E Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1. SUBJECT: SMITH STREET IMPROVEMENT, RAILROAD/CITY AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authonzation for the Mayor to sign an Agreement with Burlington Northern and Santa Fe Railway Company to widen Smith Street where Smith Street crosses BNSF tracks, subject to the Public Works Director's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 6-6500 \.I-17 K E N T Fax Fourth Avenue S w.s„I„c.o„ Address 220 Fourth Avenues Kent,WA 98032-5895 DATE: May 5, 2003 TO: Mayor White at nt City Council FROM: Don Wickstron i he Works Director THROUGH- SUBJECT: Construction and Maintenance Agreement Widen and Improve Smith Street (RR MP 16 18) Kent, WA—(Sound Transit Commuter Rail Station Project) SUNINIARY: Upon the City assuming the construction of the balance of Sound Transit transportation improvements associated with their Commuter Rail Station project the left turn pocket on Smith Street at Rail Road Avenue which is one of the outstanding improvements involves reworking the BNSF rail road crossing along with obtaining additional road right of way thereat. This agreement accomplishes same It pays BNSF $155,207 ofwlmch 539,800 is for the additional road right of way and 115,407 for their reworking of the Rail Road crossing itself. . The monies therefore are reflected in the Second Amendment to the Transportation Improvement Agreement between Sound Transit and the City that was discussed in the prior Coninuttee's agenda item BUDGET IMPACT No Unbudgeted Fiscal/Personnel impact MOTION. Recommend authorizing the Mayor to sign the Construction and Maintenance Agreement with The Burlington Northern And Santa Fe Railway Company to Widen Smith Street where Smith Street crosses BNSF tracks at railroad MP 16 18 subject to the Public Works Director's and the City Attorney's concurrence of the language therein BACKGROUND- The construction of a left turn pocket on Smith Street at Rail Road Avenue is one of the outstanding transportation improvements committed to by Sound Transit in conjunction with their development of their Commuter Rail Station project. Assuming Council concurs with authorizing the Mayor to execute said Second Amendment to the Transportation improvement Agreement as presented in the prior agenda item then the City will be obligated to construct this improvement Upon the execution of this agreement the Rail Road will grant the City necessary additional road rights over their operating right of way and they will complete the trackage and crossing protection system work associated with this impro%ement The Public Work Department recommends that the Committee recommend to full the execution of this agreement. Mayor White and Kent City Council Construction&Maintenance Agreement u nh BSNF ` May 5, 2003 Consent 1 CONSTRUCTION AND MAINTENANCE AGREEMENT \VIDEN AND IMPROVE SMITH STREET (RR NIP 16.18) KENT, WASHINGTON RAILWAY Contract NO File No AGREEMENT, made this day of , 2002,between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delay+are corporation, hereinafter referred to as the"Railway',and KENT, WASHINGTON,a municipal corporation,hereinafter referred to as the`Agency. RECITALS: WHEREAS: the Seattle Subdivision is currently owned and operated by the Railway,and WHEREAS: in the interest of aiding motor vehicle traffic the Agency is proposing to widen and improve the Smith Street at grade crossing, hereinafter referred to as the Project WHEREAS, the centerline of the Smith Street at grade crossing crosses over the Railway's right-of-way and mainline at railroad survey station 758+54 7,MP 16+ 958 3%MP 16 18 on the Seattle Subdivision, and WHEREAS: the Project is located in NE1/4 of the NE1/4 of Section 24. T 22 N. R 4 E. WM as shown on the plans marked Exhibit"A'attached hereto and made a part hereof,and WHEREAS: the Railway will be required to perform certain work on its facilities, and WHEREAS: the parties hereto desire that the work to be performed by the Agency in connection with said . construction be performed in accordance with plans and specifications to be prepared by the Agency,and WHEREAS: the Agency is willing to undertake the construction of said project with Agency funds, slate funds and such federal funds as may be available,and WHEREAS: the Railway is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise, and WHEREAS" the parties hereto desire to contract for work to be performed by each of them in connection with this project and the payment of costs and expenses therein involved,and ARTICLE 1 AGREEMENT: NOW THEREFORE.in consideration of the covenants of the Agency hereinafter contained, and faithful performance thereof, Railwayagrees 1. a) For and consideration of$ 36.800 , a crossing easement of 2-685 square feet more or less,for roadway purposes over, through, and across the Railways right-of-way (outlined in bold) as identified on Exhibit "A" attached b) For and in consideration of 1.50 a temporary construction easement of 2,200 square feet more or less for roadway purposes, over, through, and across the Railway's right-of-way as identified on Exhibit "A" attached c) The Agency shall also pay a processing administration fee in the consideration of S /.500 over and above the agreed upon easement consideration 1 2 To furnish all labor, materials, tools, and equipment, and do'Railroad Work" required due 10 the construction of the Project,such railroad work and the estimated cost thereof being as shown in Exhibit"B"attached hereto and made a part hereof In the event that construction of the Project has not commenced within six(6)months from the effective date of this Agreement, Railway may, In its sole and absolute discretion, revise the cost estimates set forth in said Exhibit `B'. In such case. Railway shall provide to the Agency its revised cost estimates highlighting all changes that are made Any item of work incidental to those items listed in Exhibit 'B", but not specifically mentioned therein, may be included as part of this agreement as an item of work upon written approval of Agency, it practicable The Railway may submit progress bills to the Agency during the progress of the work for the actual cost of services and expenses. The Agency will then pay progress bills within 30 days after receipt of a properly submitted bill If the billing is disputed for any reason, the Agency will promptly notify the Railway and will pay any undisputed amount The Railway and the Agency shall maintain records regarding the work performed and the costs and expenses incurred by the parties for the project in accordance with generally accepted accounting principles and practices Said records shall be made available to the other party, or for Agency, or federal audit, upon request during normal business hours, for a period of three years after the final payment Construction of the Project shall include the following work by Railway: (a) Preliminary engineering,design,and contract preparation, (b) Extend the existing crossing surface, Place 28' of additional concrete crossing surface (each track), complete with new ties,ballast and engineering fabric (c) Furnishing of such watchmen and flagmen as may be necessary for the safety of its property and the operation of its trains during construction of said Project,and (e) Furnishing of engineering and inspection as required for construction of said Project 2 To do all work provided in Article I, Section 1 above with its own employees working under Railroad Labor Agreements or by contractor(s), it necessary,and on an actual cost basis 3 Agency agrees to reimburse Railway for work of an emergency nature caused by Agency or Agency's contractor,in connection with the Project which Railway deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or Railway property Such work may be performed by Railway without prior approval of Agency and Agency agrees to reimburse Railway for all such emergency work. 4 To submit to Agency for payment upon completion of the Project, a detailed statement covering the cost of the work performed by Railway, segregated as to labor and materials, and in accordance with and subject to the terms and provisions of Federal Highway Administration's FHPM 143, as amended All applicable portions of the Federal Highway Administration's FHPM 662 1 as amended and FHPM 143 as amended are by reference incorporated herein and made a part hereof ARTICLE II IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof, Agency agrees as follows 1 To furnish to Railway plans and specifications for the Project Four sets of said plans, together with two copies of specifications,shall be submitted to Railway for approval prior to commencement of construction Alter having been appro,ed by both panes t-erefo, saia plans and specifications are hereby adopted and incorporated into this agreement by reference 2 To acquire,at no cost to Railway, all rights of way necessary for the construction of the Project 3. To make any and all arrangements to secure the location or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF 2 which may be found necessary to locate or relocate in any manner whatsoever due to the construction of the protect 3 To construct the Protect as shown on Exhibit"A" and do all work provided for in the plans and specifications for the Project,except such work that Railway herein agrees to do Principal elements of work to be performed by Agency in the construction of the Project are as follows (a) Necessary Grading and Paving of the roadway approaches to the crossing and furnish and place asphalt concrete paving up to the crossing (b) Furnish and place advance warning signs and standard pavement markings for the railroad at grade crossing (c) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications 4. To furnish all labor, materials,tools, and equipment in performing the work it agrees to perlorm herein All work of construction with respect to said Project shall be undertaken by Agency, or Agency's contractor and shall be performed at such times as shall not endanger or interfere with the safe and timely operations of Railway's track and other facilities 5 To require its contraclor(s) to notify Railway's Roadmasler at least 30 calendar days in advance of commencing work on Railway property or near Railway's tracks, when requesting a Railway flagman in accordance with the requirements of"The Right of Entry Agreement" attached hereto, in order to protect Railway from damage to its trains and property 6. To require its contractor(s)to furnish Railway's Manager of Public Projects,for approval,tour copies of plans and Iwo sets of calculations of any shoring or cribbing proposed to be used over, under, or adjacent to Railway's tracks. 7 The Agency agrees to include the following provisions in its contract with a contractor performing work on said Project (a) Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in Railways rail corridor. The Contractor shall be responsible to contact Railway and/or the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project boundaries that could be damaged or then service disrupted due to the construction of the Project The contractor shall also pothole all lines either shown on the plans or marked in the field in order to verify their locations The contractor shall also use all reasonable methods when working in the Railway rail corridor to determine of any other fiber optic lines may exist (b) The telecommunication companies shall be responsible for the rearrangement of any facilities determined to interfere with the construction The contractor shall cooperate fully with any company performing these rearrangements 8. To also incorporate in each contract for construction of the Project, or the specifications therefor,the provisions set forth in Article 11, Sections 6,7, 8, 9, 10, (a) and 11 (b), and in Article III, Sections 3, 4, 10, and 11, and the provisions set forth in the"Right-of-Entry Agreement"attached hereto and by reference made a part hereof 9. That, except as hereinafter otherwise provided, all work to be performed hereunder by Agency in the construction of the Project will be performed pursuant to a contract or contracts to be let by Agency,and all such contracts shall provide. (a) That all work performed thereunder, within the limits of Railway's right of way shall be performed in a good and workmanlike manner, and in accordance with plans and specifications approved by Aad.vay- Those changes or modifications during construction that affect safety or Railway's operations shall also be subject to Railway's approval, (b) That no work shall be commenced within Railway's right of way until each of the contractors employed in connection with said work shall have (i) executed and delivered to Railway an Agreement in the form of "The Right-of-Entry Agreement" delivered to and secured Railway's approval of the insurance required by 3 said "Right-of-Entry Agreement" 10 (a) Railway shall have the right to request that any Agency employee, any Agency contractor, or any employee of a Agency contractor who performs any work within Railway's right of way and which aflecls Railways operations or facilities, be removed from the Protect for incompetence, neglect of duty, unsafe conduct or misconduct In the event Agency or its contractor elects not to honor such request, Railway may slop work within its right of way until the matter has been fully resolved to Railway's satisfaction The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal, (b) Agency's employees, agents, contractors, representatives and invitees shall wear the current BNSF Personnel Protective Equipment ('PPE") when on the Railway's rail corridor Railway PPE shall meet applicable OSHA and ANSI specifications Existing Railway PPE requirements are (1) safety glasses, permanently affixed side shields, no yellow lenses, (u) hard hats with high visibility orange cover, (u) safety shoes with hardened toe,above the ankle lace up and a defined heel, and(Iv)high visibility reflective orange vests Hearing protection, fall protection and respirators will be worn as required by state and federal regulations 11 To advise Railway's Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days alter such completion and to notify Railway's Manager Public Projects, in writing, of the date on which Agency and/or its Contractor will meet with Railway for the purpose of making final inspection of the Project ARTICLE III IN CONSIDERATION of the premises, it is mutually agreed as follows 1 That all work contemplated in this agreement shall be performed in a good and workmanlike manner, in accordance wlh plans and specifications approved by BNSF, and each portion shall be promptly commenced by the parties hereto obligated to do the same and therealler diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any chances or modifications during construction that affect Railway shall be subject to approval by Railway prior to commencement of such changes or modifications 2 That such work shall be done in accordance with detailed plans and specifications approved by both parties 3 Agency and Railway shall to the extent reasonably practicable adhere to the construction schedule for all Project work The parties agree that Railway's failure to complete Railroad work in accordance with the construction schedule by reason of inclement weather, unforeseen railroad emergencies, or other conditions beyond its reasonable control,will not constitute a breach of this Agreement by Railway nor subject Railway to any liability or responsibility for added expense to the Agency 4 In the event of an unforeseen railroad emergency and regardless of the requirements of the construction schedule, Railway reserves the right to reallocate all or a portion of its labor forces assigned to perform the Railroad Work when Railway believes such reallocation is necessary to provide for the Immediate restoration of railroad operations of Railway or its affiliates or to protect persons or property on or near any Railway owned properly or any related railroad Railway will reassign such labor forces to again perform the Railroad Work when, in Its sole but good faith opinion, such emergency condition no longer exists Railway will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of its labor forces The parties further agree that such reallocation of labor forces by Railway and any direct or indirect results of such reallocation will not constitute a breach of this Agreement by Railway, 5 That if any Agency Contractor shall prosecute the Project work contrary to the Plans and Specifications or of any Agency Contractor shall prosecute the Project work in a manner Railway deems to be hazardous to Its properly, facilities or the safe and expeditious movement of is traffic, or tha •nst.-ance described in "The Right-of-Entry Agreement" hereof shall be canceled during the course of the Project, the Railway shall have the right to stop the work until the acts or omissions of such Agency Contractor have been fully rectified to the satisfaction of Railway's Division Engineer,or additional insurance has been delivered to and accepted by Railway Such work stoppage shall not give rise to or impose upon Railway any liability to Agency, or to any Agency Contractor The right of Railway to stop the work is in addition to any other rights Railway may have which include, but are not limited to,actions for damages or lost profits In the event that Railway shall desire to stop work,Railway agrees 4 to give immediate notice thereof in writing to those individuals set forth in Section 15 of this Article 111. 6 The Agency shall supervise and inspect the operations of all Agency contractors to assure compliance with the plans and spealications,the terms of this agreement and all safely requirements of Agency. If at any time during construction Agency determines that proper supervision and inspection is not being performed by Agency personnel, Agency shall have the right to stop construction(within or adjacent to its operating right of way)and to request that the Agency correct the situation before construction is allowed to proceed. It Railway believes the situation is not being corrected in an expeditious manner, Railway shall immediately notify the Agency so that the Agency can lake appropriate corrective action. 7 The Project shall not be commenced by Railway until Agency has issued Railway a "Notice to Proceed". Agency's Contractor shall not commence construction of the Project until the Agency shall have given not less than thirty (30)days prior written notice to Agency's Manager of Public Projects which notice shall state the time that Agencys Contractor plans to begin construction of the Project Each notice shall make reference to Railway's file name Kent.Wa -Widen Smith Street crossing 8 The construction of said Project shall be performed and effected in such a manner as not to interfere with the safe and timely operation of locomotives, trains, cars and on track maintenance equipment, over Railway's tracks. 9 After completion of the construction of the Project as here in above described (a) Railway will maintain at its sole cost and expense the crossing surface and Signals in accordance with state law (b) Agency at its sole cost and expense, maintain all improvements, other appurtenances, advance warning signs,and standard pavement markings 10 Before entering upon Railway's right of way for maintenance purposes. Agency shall notify Railway's Manager Public Projects to obtain prior aulhonzal,on, and, If work is contracted, Agency will require its conlractor(s) to comply with the obligations in favor of Railway, set forth in the 'Right-of-Entry Agreement" as may be revised from time to time, and accepts responsibility for compliance by its contractor(s). 11. Agency shall indemnify and save harmless Railway, its agents and employees, against all liability, claims, demands,damages,or costs for(a) death or bodily injury to persons including, without hmitation, the employees of the parties hereto, (b) injury to property including, without limitation, the property of the parties hereto, (c) design detects, or (d) any other loss, damage or expense arising under either (a), (b) or (c), and all lines or penalties imposed upon or assessed against Railway, and all expenses of investigating and defending against same, arising in any manner out of (1) activities, use, or presence, or negligence of Agency, or Agency's employees,or Agency's contractors, subcontractors, agents, invitees or any of their employees,in, on, or near Railway's right of way, or, (2) The performance, or failure to perform, by the Agency, Its contractors, subcontractors,or agents, its work or any obligation under this agreement 12 Agreement shall be interpreted in accordance with the laws of the State of Washington 13. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, except that no party may assign any of its rights or obligations hereunder without the prior written consent of the other party 14 . In the event that construction of the Project has not begun for a period of three years from the date of this agreement,Ibis agreement shall become null and void. 15 . Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified marl,return receipt requested,to the parties at the following addresses. 5 The Burlington Northern and Railway's Manager of Public Projects Santa Fe Railway Company John M (14ke)Cowles 2454 Occidental Avenue So . Suite 1-A Seattle,WA 98134-1451 Telephone No (206)625-6146 Telecopy No (206) 625-6115 With a copy to Division Engineer 2454 Occidental Ave So —Ste 1-A Seattle,WA.98134 Telephone No (206)625-6363 Telecopy No (206) 625-6265 Roadmaster 605 Puyallup Avenue Tacoma,WA 98421 Telephone No (253) 591-2563 Telecopy No. (253) 591.2627 KENT,WASHINGTON Steve Mullen Mgr.Transportation Engineer Public Works Department 400 West Gowe Kent,WA 98032-5895 Telephone No. (253)856.5585 Telecopy No (253)856-6500 IN WITNESS WHEREOF, Agency has caused this Agreement to be executed and witnessed by its duly qualified and authorized officials, and BNSF has executed this Agreement,both as of the day and year tlrst above written THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By Manager Public Projects WITNESS: KENT,WASHINGTON By Title 6 I � 3 I C, • _ � I _ I - _3gz ` w a o z If m $ ` _ . _ -� - - IL x,l I I Is I' IIfF— — j mR fill - - - - - �' — ts' b.a3 11�. ---------�,.,��of• - � r�� '.,a Jill at >.1 p•' N BAY Wl e e - E � •W � 4R 7 0 f—]d 1336 335- 3W11O1Y11 SIX M J�YY Ir.iY11� r3 Y•I.xw• i1I I�M+I xf.Y�I.x•wwr Mir r r�� ♦ • • ��i/ I1.I Il•.If r9 YA w3Y� •bK Y�4 � wrpl Mr.•. ' xf A "• . 1 ------------------------------------------------ ---------------------------------------------------------------------- ••••• MAA INTAIN PROCPI STRAY- CCN FI C-- ----- ••••' ThE B N S F RAILWAY COPFANY FHPM ESTIMATE FOR CITY OF KENT ____________________________________________________________________________________________________________________________ LOCATION - KENT DETAILS OF ESTIMATE ------------------------------------______________________________________________________________________________________ PURPOSE, JUSTIFICATION AND DESCRIPTION YC1T NA - W. SMITH STREET - DOT CE5633A - MAIN ♦1 MM 42 - UPGRADE BAIL AND WIDEN CFCSSING SLRFACE - LS 51 - PP 16 IEX - SEATTLE SUB - PACIFIC DIVISION - ROADMASTER nAYNE LONNSREN - 100% BILLABLE TO THE CITY DF YENT - FFA 5510301 ENSF FORCES TO REUSE 18) EXISTING 1361132 TRANSITION FAIL$ THE TRANSITIONAL PAILS ARE NOW FARTIALLY UNDER THE CROSSING SURFACE BPSF FCRCES ARE TO FEMOVE AND DISPOSE CF ASPHALT WIG) DEEFIS CITY CF YENT IS TO REPA\£ AND CONSTRUCT A NEW SICEYALK ON THE SOUTHERLY SIDE OF ROAD THE NEW RAIL IS TO BE RELAID THRU AND EEYOND THE EYISTING CROSSING SURFACE DESCRIPTION QUANTITY U/M COST TOTAL S ________________________________________ ________ _____ ______ ___________ ___________ •••LABOR•• PLACE•FI ELD WELDS 139 52 MH 21736 REMOVE CROSS TIES 192 00 MN 3,575 REMOVE PUBLIC CROSSING 192 00 MH 3,575 FEMOVE RAIL/OTM 192 OD MH 3 575 REPLACE CROSS TIES 292 00 MN 3,575 REPLACE PUBLIC CROSSING 384 00 MH 7,150 FEPLACE RAIL/CTM 192 00 M 3 575 SURFACE TRACK 51 32 MH 1. 1 N 25 IIAAU BALLAST B i0 MH 15] 04LOAD CROSSING MATERIAL - PUBLIC U 17 MH 259 WDM TRAIN - BALLAST 16 00 MH 502 FAYROLL ASSOCIATED COSTS 19 997 EQUIPMENT EXPENSES 11,525 SUPERVISION EXPENSES 15,325 FERDIEM EYPENSES 300 INSURANCE EYPENSES i 686 ___________ ----------- TOT" LABOR COST 61,535 81 535 • •MATERIAL BALLAST.•FROM DELTA YARD 50 00 NT 350 WORK TRAIN FUEL - BALLAST 56 00 GAL ii FAIL. 236 LB NEW WELDED STANDARD CARBON 640 00 LF 6 671 SPIKE, TIMBER SCREW, S/BX12 IN F/ROAD XING 84 00 FA 86 TIE, TRK,30' PRE-PLATED PANDROL,6',ROUND HOLE 36 00 EA 2,776 WELD, KIT, GENERIC FOR ALL MIL WEIGHTS 16 00 KT 912 CONC 136 OB-SEC WITH FILLER FOR WOOD 56 00 TF B4O21 STORE EXPENSES 467 ONLINE TRANSPORTATION 750 USE TAX 1.265 OFFLINE TRANSPORTATION 113 ___________ ___________ TOTAL MATERIAL COST 21.C62 21,662 •••OTHER•- ASPHALT/DEBRIS DISPOSAL 1 00 LS 2,000 LEASED BACKHOE 5 00 DAY E25 LEASED FRONT END LOADER 5 00 DAY 2,125 LEASED VEHICLE COSTS 2 00 DAY 200 ___________ ___________ . TOTAL OTHER ITEMS COST 5,150 ---5,150 PROD EC7 SUBT07AL 1O8,367 CONTINGENCIES 6,085 BILL PREPARATION FEE 575 4 GROSS PROOECT COST 115.407 LESS COST PAID BY BNSP 0 TOTAL BILLABLE COST 115 407 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURL]NGTON NORTIIERN AND SANTA FE RAILWAY COMPANY Gentlemen The undersigned,hereinafter referred to as Contractor, has entered into a Contract dated 2002, with Kent, Washington("City") for the performance of certain work in connection xvnh the project The widening and the Improvements to the Smith Street at-grade crossing in the performance of six huh wort,the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY("Railway"),right of way and property( Railway Property") The Contract prow ides that no %work shall be commenced ww nhin Railway Property until the Contractor employed in connection u uh card work for City executes and delvers to Railway an Agreement, in the form hereof and shall have proxided insurance of the cox crave and limns specified in said Contract and Section 2 of this Agreement If this Agreement is executed by other than the Oxw net,General Partner, President or Vice President of Contractor,evdence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor Accordingly,as one of the inducements io and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property,Contractor,effectne on the date of said Contract, has agreed and does hereby agree wirh Railway as follows SECTION 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Conracior or any of its employees,subcomranorS,agents or mxwees could oiherwir e assert against Railway,regsdless of the negligence of Railway,except to the extent that such claims are proximately caused by the intentional misconduct . or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims,demands,and expenses (including attorney's fees),for injury or death to all persons,including Railway's and Contractor's officers and employees and for loss and damage to property belonging to any person,arising in any manner from Contractor's or any of Contractor's subcomractors'acts or omissions or failure to perform any obligation hereunder THE LIABILITY ASSUM ED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,THAT THE DESTRUCTION, DAMAGE, DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR CROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT,WHENEVER SO CLAIMED. Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole negligence of the Rahway, its officers, employees or agents tot any work relative to the conslructron, alteration, repair, addition to,subtraction from, improvement to, or maintenance of,any building, highway, road, railroad, excavation,or other structure, protect, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington Indemnification against liability for damages arising out of bodily injury to persons or damage to properly for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith,performed in the Slate of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and employees The indemnification obligation shall include all claims brought by Contractor's employees against the Railway, its I RIGHT OF ENTRY STATE OF WASHINGTON SEPTEMBER 3, 1999 agents, servants, employees or othemise, and Contractor eypressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees Contractor further agrees,at its expense,in the name and on behalf of Railway, that it shall adjust and settle all . claims made against Raihsay,and shall, at Raikay's discretion,appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or gro%%mg out of or in any manner connected nnh any liability assumed by Contractor under this Agreement for which Raihsay is liable or is alleged to be liable Raihsay shall give notice to ComMicir,in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims,and in the went of a suit brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor,at Railway's discretion, shall defend,adjust,or settle such suns and protect, indemnify,and case harmless Railway from and against ail damages, judgments,decrees,auorney's fees,costs,and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall sunne any termination of ibis Agreement SECTION 2. INSURANCE. (a) Before commencing any work under this Agreement.Contractor must provide and maintain in effect throughout the term of this Agreement insurance,at Contractor's expense, cosenng all of the wort, and services to be performed hereunder by Contractor and each of its subcontractors,as described below (1) Workers'Compensation coserage as is required by Siare law THE CERTIFICATE MUST CONTAIN A SPECIFICN\'AIVER OFTHE INSURANCE COMPANI"S SUBROGATION RIGHTS AGAINST THE BURLINGTONNORTHERN AND SANTA FE RAILWAY COMPANY. (2) Commercial General Liability insurance corenng liability, including but not limited to Public Liability, Personal Injury. Property Damage and Contractual Liabilny cosenng the obligations assumed by Contractor in Section 1. with coverage of at least $2.000 000 per occurrence and $4 000 000 in the aggregate Where explosion,collapse,or underground hazards are moolsed the X,C and U exclusions must be removed from the policy (3) Automobile Liability insurance,including bodily injury and property damage,with coserage of at least $1.000,000 combined single limn or the equixalent cosenng any and all sehicles owned or hired by the Contractor and used in performing any of the sett ices under this agreement (4) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Comractor under the provisions of this Agreement xs nh coserage of at least $2 000,000 per occurrence and $6 000,000 in the aggregate Coserage shall be issued on a standard 150 form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see attached copy) (b).The average tram traffic per 24-hour period on this route is 12 passenger trams at a timetable speed of.Q A9PH. 32 freight trams at a timetable speed of 40 MPH (c) All insurance shall be placed w ith insurance compames licensed to do business in the States in which the work is to be performed,and w ith a current Best's Insurance Guide Rating of A- and Class VII,or better (d) In all cases except Workers'Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN .ADDITIONAL INSURED (e)Any coserage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and not excess to any cos erage issued in the name of Railway 0 2 (f) Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shell be carried until all work required to be performed on or adjacent to Rmlw ay's Property under the terms of the contract is satisfactorily completed as determined by the city of Kent,Washington, and thereafter until all tools, equipment and materials not belonging to the Railway,hase been remosed from Railway's Property and Railway Property is left in a clean and presentable condition The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance,signed by the insurance company,or its authorized repre<cntame, esidencing the issuance of insurance cc\crage as prescribed in(a) 1,2 and 3 aboie, plus the original Rmlroad Protective Liability insurance policy to Attention Maintenance Field Support The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City, Kansas 66106 (g) The certificate of insurance shall guarantee that the policies w ill not be amended,altered, modified or canceled insofar as the coverage contemplated hereunder is concerned,w ithout at least thirty(30)days notice mailed by registered mail to Railway (h) Full compensation for all premiums w hich the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION 1 will not in any way be limited to or affected by the amount of insurance obtained and tamed by the Contractor in connection w ith said Contract SECTION 3. CONTRACTOR REQUIREMENTS (a). While on or about Railway Property,Contractor shall fully comply with Railways "Contractor Requirements", including(but not limited to)clearance requirements and personal protective equipment requirements Contractor shall be responsible for fully informing itself as to Railway"Contractor Requirements' (b) Prior to entering Railway Property,each person pros iding labor,material, supervision,or services connected .with die work to be performed on or about Railway Property shall attend a Safety Orientation session conducted online at www co ntractorsonentation coin (c) Prior to entering Railway property,the Contractor shall prepare and implement a safety action plan acceptable to Railway Contractor shall audit it's compliance with that plan during the course of it's work A copy of said plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES (a) The Contractor shall give a minimum of at least thirty(30) working days notice to Wayne Lonneren the Railways Roadmaster at telephone(253)591-2563,in advance of when flagging seances will be required to bulletin the flaggers position and shall provide five(5) working days notice to the Roadmaster to abolish the position per union requirements (b) Railway dagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five(25) feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto for the following . conditions I 3 (I) When in the opinion of the Railway's representative,it is necessary to safeguard Ratluay's Property, employees, trains,engines and facilities. (2).When any excavation is performed below the bottom of tie eletauon, if, in the opinion of Rail%%ay's representative, track or other Railway facilities may be subject to mo%ement or settlement (3).When work in any way interferes with the safe operation of trans at timetable speeds (4) When any hazard is presented to Railway track,communications,signal, clecvical,or other facilities either due to persons,material,equipment or blasting in the %icimty (5).Special permission must be obtained from the Rath%ay before moving heavy or cumbersome objects or equipment which might result in making the track impassable (a).Flagging services"ill be performed by qualified Railway flappers The base cost per hour for(1) flapper is $50 00 which includes%acation allowance, paid holidays,Railway and Unemployment Insurance,Public Liability and Property Damage Insurance, health and welfare benefits,transportation, meals, lodging and supervision,for an eight (8)hour bag¢day with time and one-half or double time for o%ertime,rest days and holidays These rates are subject to any increases which may result from Railway Employees-Railway Management negotiations or which maybe authorized by Federal authorities State/Contractor will be billed on actual costs in effect at time work is performed (1) A flagging crew generally consists of one employee However,additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railway's reprewntatne (2) Each time a Gagger is called,ihe minimum period for billing shall be the eight(8)hour basic day (3) The cost of flapper services pro%ided by the Railway, %%hen deemed necessary by the Railway's representative, will be borne by the State/Contractor (4) The a%erage tram traffic per 24-hour period on this route is 12 passenger trams at a timetable speed of 40 MPH. 32 freight trains at a timetable speed of 40 MPH SECTION 5. TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant,continuous and uninterrupted use of the tracks, property and facilities of the Railway, it's lessees,licensees or others, unless specifically permitted under this agreement ,or specifically authorized in ad%ance by the Railway Representative Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railway's nearest track,and there shall be no vehicular crossings of Railway's track except at existing open public crossings Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants for damages for any unscheduled delay to freight or passenger trains that are caused by the Contractor as follows (a). Train Delay Damages, Passenger Trains (1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided below, for the actual economic losses arising from loss of contractual incentive pay and bonuses,and contractual penalties resulting from passenger tram delays, w hether caused by Contractor,or subcontractors,or by the Railway performing Railway Work associated with this project Railway agrees that it will not perform any act to unnecessarily cause passenger train delay. (2). Passenger trams operate under incentive/penalty contract w ith the Railway. Under these arrangements,if Railway does not meet its contract service commitment,Railway may suffer loss of performance or incentive pay or be subject to a penalty payment Contractor shall be responsible for any passenger tram performance and incentive penalties 4 or other contractual economic losses actually incurred by Radmay Much are attributable to a passenger train delay caused by Contractor, or subcontractors (3) As example, a passenger tram amxes 30 minutes after its contract service commitments%%ith the Railway and Railway is assessed damages per terms of the contract Contractor, and/or it's subcontractors,caused a 29 minute delay to the passenger train and therefore the Contractor is not responsible for passenger tram performance incentives, penalties or other contractual economic losses actually incurred by Railway (4) As example, a passenger tram arrnes 30 minutes after its contract service commitment and Railway is assessed damages per terms of the contract Contractor,and/or it's subcontractors,caused a 31 minute delay to the passenger train and therefore the Contractor is 100%responsible for any passenger tram performance incentne,penalties or other contractual economic losses actually incurred by Railway (5) The contractual relationship between Rath ay and its passenger customers is proprietary and confidential In the event of a passenger tram delay co%eted by this Agreement, Railway will share information relevant to any passenger tram delay to the maximum extent consistent mith Railway confidentiality obligations Damage for passenger train delays for certain passenger trams could be as high as$50,00000 per passenger tram (b). Tram Delays Damages,Freight Trams (1) Contractor will be billed and Contractor shall pay Rails ay within 30 days, as pro%ided herein,for the damages for freight tram delays,%%hether caused by the City, its contractors or subcontractors,or by the Rail%%ay working for the City The Contractor mill be billed at a rate of $304 28 (for I9981 per freight tram hour for each freight tram delayed as determined from Railway's records Each delay may cause delays to more than one freight tram at the same time These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay occurred Kindly acknomledge receipt of this letter by signing and returning to the undersigned teo original copies of this letter,a hich,upon execution by Rail%ay,shall conoitute an Agreement bct%%een us. Yours truly, (Contractor) The Burlington Northern and Santa Fe Railmay Company By By Manager Public Projects (Title) Accepted this_day of 2002 Address City, State, Zip 5 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION'COVERACE ENDORSEMENT WORDING In consideration ofthe premium charged it is understood and agreed that Exclusion f. ofCoNerage A of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss of,damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of, loss of or damage to sub-surface oil, gas or any other substance, 2 any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances, 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances, 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and /or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured Notwithstanding the foregoing, Item I does not apply to tunnels. 6 Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1 SUBJECT: BILL OF SALE, HAZEL GARDENS LLC — ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the bill of sale for the Hazel Gardens LLC submitted by Dana B. Mower for continuous operation and maintenance of 1,649 feet of watermain, 828 feet of sewers 867 feet of storm sewers The bonds are to be released after the maintenance period. This project is located at 10710 SE 2561, St. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Comrruttee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6G S 228T U) All Lo S ST N SE 40 ST Lo LLJKENT CITY LIMITS w a SE 44 ST CLARK > x LK rn V) SE 48TH ST > x S 2N ST d 0 PRO C I WAL T S S 2 6 ST vw 9TH ST �p �fFy� o SE 60TH ST N Q 9� SE 264TH ST w w Lo J � Y 03 z w i y 277 H ST I T HAZEL GARDENS LLC Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, STRAWBERRY PLACE PHASE I —ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the bill of sale for Strawberry Place Phase I submitted by Ruth/Prouty Partnership for continuous operation and maintenance of 389 feet of watermain, 1,090 feet of sewers, 505 feet of street improvements and 748 feet of storm sewers. The bonds are to be released after the maintenance period. This project is located at 9805 South 242a Place. 3 EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6H • j S 228TF{ �fl ¢ F OD OD I S ST N SE 240 ST LO uj KENT CITY LIMITS a SE 44 ST > CLARK Q PROJE T LK 00 LOCH ION m N SE 48TH ST w S 2N ST o WAL T S SE 256 N 2 9TH ST SE 260TH ST �F R N D SE 264TH ST N W Cp� N w 00 a J � f •G U R� z � Y 277 H ST T i STRAWBERRY PLACE PHASE I 3 0 u Kent City Council Meeting Date June 3, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, STRAWBERRY PLACE PHASE II —ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the bill of sale for Strawberry Place Phase II submitted by R W. Ruth Real Estate, Inc. for continuous operation and maintenance of 1,276 feet of watermain, 1,114 feet of sewers, 1,600 feet of street improvements and 1,158 feet of storm sewers. The bonds are to be released after the maintenance period. This project is located at 10007 SE 242nfl Place. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6I � � I S 228TH J i a � i 0 m % i S ST SE 40T ST , w KENT CITY LIMITS N N w a SE CLARK 44 ST > w am Q PRO EC `K 00 LO ATION m v> SE 48TH ST w a x S 2N ST v 0 WAL T S SE 256 w 2 9TH ST O SE 260TH ST �F R N 9L SE 264TH ST w w PF to w \ H 0 w 277 ST STRAWBERRY PLACE PHASE 11 Kent City Council Meeting Date June 3, 2003 Category Other Business 1 SUBJECT: RESOLUTION TO LOCATE TRADER JOE'S IN KENT—ADOPT 2 SUMMARY STATEMENT: The Kent Downtown Partnership is circulating a petition for presentation to Trader Joe's grocery stores to convey the interest of those working and living in Kent of their desire to see a Trader Joe's specialty grocery located in downtown Kent. This resolution supports that petition. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember �W moves, Councilmemb seconds to adopt Resolution No. (0il supporting the Kent Downtown Partnership's petition to establish and locate a Trader Joe's specialty grocery store in downtown Kent. DISCUSSION:_ (,1{A ACTION: Council Agenda Item No. 7A RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, supporting a petition to locate a Trader Joe's specialty grocery store in downtown Kent WHEREAS, the Kent Downtown Partnership is circulating a petition to present to Trader Joe's, which conveys the interest of those working and living in Kent of their desire to see a Trader Joe's specialty grocery store located in the city of Kent, and WHEREAS, over 1,000 signatures have been obtained on the petition, and WHEREAS, an annual survey of 400 randomly selected Kent residents completed on May 1, 2003, indicated that Trader Joe's is the number one choice for the type of grocery store citizens would like to see in downtown Kent; and WHEREAS, the demographics of the downtown Kent trade area would support a Trader Joe's Within a three (3) mile radius of downtown live 78,000 people with an average household income of $79,500 In addition, over 62,000 people work within three (3) miles of downtown, and WHEREAS, the city's Downtown Strategic Action Plan encourages downtown growth and redevelopment Furthermore, the city's Strategic Plan includes five key goals for the city, including creation of a vibrant downtown that is a community focal point and the area's transportation hub, and WHEREAS, the city council supports the petition to establish and locate a Trader Joe's specialty grocery store in downtown Kent; NOW, THEREFORE, i t Trader Joe's Petition THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. - Acceptance of Petition The city of Kent, Washington, supports the petition to establish and locate a Trader Joe's specialty grocery store in downtown Kent SECTION 2. - Severabih If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution SECTION 3. - Ratification Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 4. - Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June,2003 CONCURRED in by the mayor of the city of Kent this day of June, 2003 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK 2 Trader Joe's Petition APPROVED AS TO FORM TOM BRUBAKER,CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the city council of the city of Kent, Washington, the day of June,2003 BRENDA JACOBER, CITY CLERK P 1011 R—M.0 Tltl.J.1c 3 Trader Joe's Petition Kent City Council Meeting Date June 3, 2003 Category Other Business 1. SUBJECT: HEALTH CARE PREMIUMS RESOLUTION—ADOPT 2 SUMMARY STATEMENT: The City of Kent has experienced a budget shortfall caused by decreasing revenues and increasing operating expenses. Increasing health care costs are a significant cause for the city's increased operating expenses. City employees currently pay less than five percent (5%) of the actual cost of their health care premiums, and the city pays the remainder. This resolution was requested by the Mayor and the City Council. It directs administration to establish the goal of achieving a staged increase in city employee contributions for health care premiums to twenty percent (20%) and to achieve this goal in a manner that is equitable to all employees of the city. 3 EXHIBITS: Resolution 4. RECOMMENDED BY: Council President, Judy Woods (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: S SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember 6JVt 4 moves, Councilmember seconds to adopt Resolution No. 16W directing the Mayor to establish the goal of achieving a staged increased in City employee contributions for health care benefit premiums to twenty percent (20%) of each employee's total monthly premium cost. DISCUSSION: ACTION: m C Council Agenda Item No. 7B RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, directing administration to establish the goal of achieving an increase in city employee contributions to health care benefit premiums to 20% of each employee's total premium cost by the year 2006 WHEREAS, the city of Kent, along with a number of other municipalities and businesses, has experienced a budget shortfall caused by decreasing revenues and increasing operating expenses, and WHEREAS, over 75%of the city's general fund budget is made up of city employee salaries and benefits, and WHEREAS, a significant cause for the city's increased operating expenses is the dramatically increasing cost of providing health care benefits to its employees, and WHEREAS, in 2003, the estimated cost of these health care benefits will exceed 2002 budgeted health care costs by more than 40%, and the city expects these costs to continue to increase in the future; and WHEREAS, in an attempt to balance its 2003 budget, city administration determined it was necessary to provide layoff notices to 32 employees on April 24, 2003, which layoffs will take effect on June 30, 2003, and WHEREAS, the city must review still more options to cut expenditures in order to keep its budget in balance, and t Health Care Premiums— Increase in Employee Expense WHEREAS, even after the layoffs, the general fund will continue to be burdened by increasing health care costs, and WHEREAS, city employees currently pay less than five percent (5%) of the actual cost of their health care premiums, and the city pays the remainder in full; and WHEREAS, the current level of city contribution for health care benefits provided by the city to its employees exceeds the amount of employer contributions provided in many other governmental agencies and in most private businesses, and WHEREAS, in these difficult economic times, the city cannot realistically continue to provide this same level of contribution, given current budgetary realities, and WHEREAS, city employees must understand that the city can no longer provide the same amount of contribution toward health care benefits, and WHEREAS, the time has come for city employees to pay a larger share of their health care premium costs in order to maintain the same amount of health care benefits for themselves and their families, and WHEREAS, the city council values city employees, and understands that raising health care premiums is a change in paradigm that will require cooperation, good will, and good faith by all parties to achieve, and WHEREAS, the city council supports a staged increase in each employee's contribution toward the cost of his or her health care medical premiums to 20% by the year 2006, urges the various bargaining units within the city to support this increase, and directs administration to establish the goal of achieving an increase in city employee contributions for health care benefit premiums to 20% of each employee's total premium cost by the year 2006, NOW, THEREFORE, 2 Health Care Premiums— Increase in Employee Expense THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. - Employees to Increase Contributions. The city council directs the mayor to establish the goal of achieving a staged increase in city employee contributions for health care benefit premiums to 20% of each employee's total monthly premium cost by the year 2006 This goal shall apply equally to all city employees, specifically including through bargaining with all of the various bargaining units within the city SECTION 2. - Severabihtv If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution SECTION 3. - Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June,2003 CONCURRED in by the mayor of the city of Kent this day of June, 2003 JIM WHITE, MAYOR • 3 Health Care Premiums— Increase in Employee Expense ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the city council of the city of Kent, Washington, the day of June,2003 BRENDA JACOBER, CITY CLERK • 4 Health Care Premiums— Increase in Employee Expense Kent City Council Meeting Date June 3, 2003 Category Other Business 1. SUBJECT: UTILITY TAX INCREASE AND AMENDMENT—ORDINANCE— ADOPT 2 SUMMARY STATEMENT: The proposed ordinance amends Chapter 3.18 of the Kent City Code relating to the city utility tax assessed on telephone, gas, electric, water, sewer, and drainage utilities. Since 1993, the City's utility tax rate for these utility services has remained at 4.8%. The ordinance increases the total utility tax assessed on these utilities by 1.2%, to a total of 6%. The ordinance also clarifies non-payment penalty provisions and contains other minor updates. 3 EXHIBITS: Ordinance and memorandum presented to Operations Committee 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X Increase in revenues 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember 0D- 1411 moves, Councilmember- _seconds to adopt Ordinance No-306 amending Chapter 3 18 of the Kent City Code to: increase the utility tax on telephone, gas, electric, water, sewer, and drainage utilities by 1.2%; modify the existing penalty provisions; and make other revisions to further clarify the intent of the chapter. DISCUSSION: sy ACTION: 1 Council Agenda Item No. 7C . LAW DEPARTMENT Tom Brubaker, City Attorney . Phone 253-856-5770 K E N T Fax 253-856-6770 W n s H �,G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 28, 2003 TO: City Council FROM: Tom Brubaker, City Attorney _10 THROUGH Jim White, Mayor SUBJECT: Utility Tax Ordinance Amending Chapter 3 18 of the Kent City Code, Attached is a copy of my May 1, 2003, memorandum that was presented to the Operations Committee on May 6, 2003 As the utility tax ordinance was postponed until the June 3, 2003, council meeting, the effective dates conveyed in my May 1, 2003, memorandum have changed The tax rate increases on city-owned utilities of water, sewer, and storm drainage will take effect on June 13, 2003, and the tax rate increases for gas, electric, and telephone utilities will go into effect on August 3, 2003 . LAW DEPARTMENT Tom Brubaker, City Attorney Phone 253-856-5770 Fax 253-856-6770 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: May 1, 2003 TO: Operations Committee FROM: Tom Brubaker, City Attorney THROUGH Jim White, Mayor SUBJECT: Utility Tax Ordinance Amending Chapter 3 18 of the Kent City Code SUMMARY: The attached ordinance amends Chapter 3 18 of the Kent City Code relating to the city utility tax assessed on telephone, gas, electric, solid waste, water, sewer, and drainage utilities The ordinance increases the total utility tax assessed by 1 2%, to a total of 6% as authorized by RCW 35 21 860 Since 1993, the city's utility tax rate for telephone, gas, electric, water, sewer and drainage services has remained at 4 8% BUDGETIMPACT Yes An increase to general fund revenues MOTION Forward to council for consideration at its May 20. 2003, council meeting the ordinance amending Chapter 3 18 of the Kent City Code to (1) increase the utility tax on telephone, gas, electric, water, sewer, and drainage utilities by 1 2%, (2) modify the existing penalty provisions, and (3) make other revisions to further clarify the intent of the chapter BACKGROUND The primary impact of the attached ordinance is to increase utility tax rates on electricity, gas, telephone, water, sewer, and storm utilities from the current rate of 4 8% to a new rate of 6% The preexisting dedication of 0 3% of the utility tax received for youth/teen programs and 1%for street improvement programs remains in effect (See, generally, KCC 3 18 020) There are a number of other housekeeping and minor updates to this ordinance For example, we have added a paragraph defining cellular telephone service because the use of cellular phones has become such an important part of the telephone market since the last time we amended this ordinance Also, I added a definition to clarify the meaning of gross income, since all these taxes are based on the total gross income earned by the various utilities Other changes were made to definitions of competitive telephone service and network telephone service to bring our definitions into compliance with current Washington law (See, generally, KCC 3 18 010) We have clarified the penalty section of our previous ordinance to impose a 10% penalty on the tax owed if the tax is not paid within thirty (30) days of the due date Again, the language in our previous penalty section was cumbersome and procedurally difficult to implement, so this Memorandum Operations Committee May 1, 2003 revised language simplifies the penalty procedures and clarifies the implications of non-payment for the taxpayer/utility There is also a separate penalty imposed as a civil misdemeanor for fraudulent or false filing of tax returns (See, generally, KCC 3 18 050 and 318 090) Finally, state law requires a sixty (60) day waiting period from the date a tax ordinance is enacted before a tax increase can become effective against our gas, electric, and telephone utilities For that reason, the utility tax rate increases for the city-owned utilities, water, sewer, and storm drainage will take effect on June 1, 2003, as will other the other amendments to this ordinance (e g , changes to definitions, penalties, etc ), but the date the electricity, gas, and telephone company tax increases will go into effect is July 21, 2003. (See, generally, Section 2 and Section 3 of the ordinance ) City staff is currently preparing the appropriate notices to be sent to PSE, Qwest, AT&T, and a myriad of other telephone companies so that they will be aware of the changes enacted by this ordinance These notices will be sent out immediately after passage of this ordinance, should council determine to enact the ordinance I i .I Mun AW W. I uln l..Ixm�wm.alY 2 it ORDINANCE NO. I AN ORDINANCE of the city council of the city of Kent, Washington, amending chapter 3 18 of the Kent City Code, entitled "Utility Tax on Telephone, Gas, Electric, Garbage, Water, Sewer and Drainage Utilities," by (1) adjusting the telephone, gas, electric, water, sewer, and drainage utility taxes set forth therein by one and two-tenths (1 2) percent to a total utility tax of six (6) percent, (2) modifying the existing penalty provisions, and (3) making other revisions to further clarify the intent of the chapter THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. — Amendment Chapter 3 18 of the Kent City Code, i entitled "Utility Tax on Telephone, Gas, Electric, Garbage, Water, Sewer and Drainage Utilities," is hereby amended to read as follows CHAPTER 3.18 UTILITY TAX ON TELEPHONE, GAS, ELECTRIC, G A RR A GFSOLID WASTE, WATER, SEWER AND DRAINAGE UTILITIES Sec. 3.18.010. Definitions. The following words, terms and phrases, when j used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning Cellular telephone service means any two-way voice and/or data telephone or similar communications system based in whole or in substantial part on wireless radio communications, including cellular mobile service, and which is not subject to 1 Utility Taxes—Ch. 3.18 Rate Adjustment regulation by the Washington State Utilities and Transportation Commission that conflicts with or overrides this chapter Cellular telephone service includes other wireless radio communications services including, without limitation, specialized mobile radio, paging services, personal communications and data services, and anv other evolving wireless radio communications technology that accomplishes a purpose substantially similar to cellular telephone service Cellular telephone service is included within the definition of"telephone business" for the purposes of this chapter Competitive telephone service means the providing by any person, firm, or corporation of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made I I Gross income means the value proceeding or accruing from the performance of the particular public service business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of I losses In addition, when determining total gross income from cellular telephone service, "gross income" shall include all income from cellular telephone service (including roaming charges incurred outside this state) provided to customers whose "place of primary use" is in the city. regardless of the location of the facilities used to provide the service The customer's place of pnmary use is, with respect to each telephone- (a) the customer's address shown on the telephone service company's records, or (b) the customer's place of residence if the telephone is for personal use, and in both cases must be located within the licensed service area of the home service provider Roaming charges and cellular telephone charges to customers whose place of primary use is outside the city of Kent will not be taxable even though those 2 Utility Taxes—Ch. 3.18 Rate Adjustment cellular services are provided within the city of Kent There is a rebuttable presumption that the address shown on the cellular telephone service company's records is the place of pnmary use and is accurate If the cellular telephone service company knows or should have known that a customer's place of primary use address for a telephone is within the city, then the gross income from cellular telephone service provided to that customer with respect to that telephone is to be included in the I company's gross income Network telephone service means the providing by any person, firm, or corporation of access to a local telephone network, local telephone network switching service, toll service, or coin telephone services, or the providing of telephonic, video, data, or similar communication, or transmission for hire via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system "Network telephone service" includes interstate service, including toll service, onginating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state "Network telephone service" includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave or similar communication or transmission system_"Network telephone service" does not include the providing of competitive telephone service, the providing of cable television service, er—the providing of broadcast services by radio or television stations, or the provision of intemet service as defined in RCW 82 04 297, including the reception of dial-in connection, provided at the site of the internet service provider Telephone business means the business of providing network telephone service and cellular telephone service as those terms are defined abeve in this section and—44 includes cooperative or fanner line telephone companies or associations operating an exchange "Competitive telephone service" shall not be considered "telephone business " Telephone business shall include one hundred (100)percent of the business 3 Utility Taxes—Ch. 3.18 Rate Adjustment and total dross income derived totem sef%,iee fees from calls originating and/or billed to subscribers within the city. ee as defined the defnit,. of et.. v tel ephone e e „ �t etitiy 1 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, there ,s hereby levied the city levies upon all persons, firms, or corporations i (including the city) engaged in certain business activities a utilities tax to be collected as follows. i 1 Upon every person, firm, or corporation engaging in or carrying on any I telephone business within the city, an annual tax equal to t4ee and efie half(3 1,12) six I (percent of the total gross income , including revenues from i intrastate toll, derived from the operation of such business within the city This six 6 I percent tax will be allocated as follows four and seven-tenths (4 7) percent to the general fund, In add,tteft, th - shall also be assessed a ...* P. hree-tenths (0 3)percent I which _,,..mine c-,.m said ta)E shall he dedieated to youth/-teen programs, and 1 � tam of one (1 0) percent, which reventie 4em said 'a~ shall be dedicated to street � improvement programs n_. ss epefeting revenues ln_ thispurpose h.,n flwt- --n-e ade to fif- - fed by - gulatefy e.def: to eempensate fee: the eest to the eempaiiy of the tax imposed by this „hapter 2 Upon every person, firm, or corporation engaging in or carrying on a business of selling, wheeling, furnishing, distributing, or producing gaseees—gas, whether manufactured or natural, for commercial or domestic use or purposes, a fee or tax equal to ,hFee and ene ha1F+3 42 six 6 percent of the total gross income from 4 Utility Taxes—Ch. 3.18 Rate Adjustment such business in the city during the tax year for which the license is required. This six percent tax will be allocated as follows four and seven-tenths (4.7) percent to the general fund, ht addition, there shall also be assessed `three-tenths(0 3)percent � .,,"..." _ e A-.._,. saidta* shall "e a..dw-at,.a to youth/-teen programs, and plus-a ta*-ef-one (1 0) percent_, •• hie" r-eventie frem said tax shah be dediea•ed to street improvement programs. 3 Upon every person, firm, or corporation engaged in or carrying on the i business of selling, wheeling, furnishing, or distributing electricity for light and power, a fee or tax equal to three and e~e half'Q ""six 6 -percent of the total gross income from such business in the city during the tax year for which a license is required This six (6) percent tax will be allocated as follows four and seven-tenths (4 7) percent to the genera] three-tenths (0 3) i percent_, w"•e" r-even• a.em saidta* shall be dedteated to youth/-teen programs, and I plus a tax of-one (1.0) percent-, which _ e , fi;em said .a* shall h, dt-adf .,.,ea to street improvement programs. I 4 Upon every person, firm, or corporation engaging in or carrying on a business providing garbagesolid waste collection services, a tax equal to aim And AnL- hal-f{£-/r)seven and eight-tenths 7( 8) percent of the total gross income from such business in the city during the tax year for which the license is required This seven and eight-tenths (7 8) percent tax will be allocated as follows six and one-half(6 '/2) j percent to the generaltenths (0(0 3) percent_, ~ hie" i:evenue f_eFA said tax •hall he a..a,,...t a to youth/-teen programs, and t4xs a ta* e€one (1 0) percent hie" FeVenue fiem Said interim shallbe dedieated-to street improvement programs 5 Upon every person (including the city) engaging in or carrying on the 'business of selling, furnishing, or distributing water, sewer,or drainage services, a tax equal to ."fee and one half+z ' ')six 6 percent of the total gross income from such . 5 Utility Taxes-Ch. 3.18 Rate Adjustment business in the city during the tax year This six (6) percent tax will be allocated as follows four and seven-tenths (4 7) percent to the general fund, shall also be assessed-a4a*-&f-three-tenths (0 3) percent_, which reventie 4em said '..., shall be dedicated to youth/-teen programs, and €One (1 0) percent ;'hie h revenue ftem said taif shall be deli....ea to street improvement programs B In computing the tax provided in subsection (A) ef�this sestte, the taxpayer may deduct from totloss income the following items 1. The actual amount of credit losses and uncollectibles sustained by the taxpayer. 2 Amounts derived from the transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and Constitution of the United States i i Sec. 3.18.030. Utility tax, when due. The utility tax imposed by KCC 3 18.020 of this chapter shall be due and payable in monthly installments and I remittance thereof shall be made on or before the last day of the following month in which the tax accrued On or before said due date, the taxpayer shall file with the finance department a return upon a form to be prescribed and provided by the finance department, which return shall contain a statement by the taxpayer, stating that the amount of tax for which he it is liable for the preceding monthly period, that the information therein given and the amount of tax liability therein reported are full and true, and that the taxpayer knows the same to be true_ w{Heh his statement shall be signed by the taxpayer or its authorized agent Taxpayers expected to owe less than one thousand dollars ($1,000) per month may submit taxes on a quarterly basis, taxes shall be due on the last day of the month following the end of the quarter in which the tax accrued Quarterly period for the purpose of this chapter shall mean each three (3) month period of the calendar year, commencing on January 1 6 Utility Taxes— Ch. 3.18 Rate Adjustment Sec. 3.18.040. Taxpayer's records. Each taxpayer shall keep records reflecting the amount of his a____ _r_-_'ing-ever estotal gross income on its business �n,te s within the city, and such records shall be retained for at least six (6) years and shall be open at all reasonable times to the inspeetien efaudit by the finance director or his or her duly authorized suberdinatesr resentatrve for verification of said tax returns and supporting records or for the filing of a tax of a taxpayer who fails to make j such a return !� Sec. 3.18.050. Failure to make returns _ t pax, a,"Tax — I Pavment failure — Penalty and collection. If any erson firm or corporation subject to this chapter fails; or neglects or refeses to pay an tax ax required by this chapter within thlrty_(30) days from the date the tax is due to the city, a penalty often (10) percent of the amount of that tax will be imposed .,mk h,.. _e,..,_, wh required herein, .he finanee ,i._ ...,._ is ..•h.....-.e.i ,.. .io.o_...ina the amount �.a i ail .o netia. ....eh taiE.ayer-efthe .,.,,, unt se dete ...ined The A amount o fixed shall th.._.,,..,on be the tax and be immediately due ,. d p uble tOgerhe. With i I penalty and ....,_e,. Delinquent taxes, including any penalty, are also subject to an interest charge of one (1) percent per month (tave1ve{12%j percent per annumyear n any unpaid balance from the date the tax payment became due, as provided in KCC 3 18 030, until all past due taxes and penalties are paid in full Any unpaid tax, penalty, or interest due under this chapter and unpaid, shall constitute a debt to the city The city may, pursuant to Ch 19 16 RCW, use a collection agency to collect taxes, interest, and penalties owed or assessed, or it may seek collection b court proceedings, which remedies shall be in addition to all other remedies. Sec. 3.18.060. Overpayment of tax. Any money paid to the city through error, or otherwise not in payment of the tax imposed by this chapter, or in excess of ,such tax, shall, upon request of the taxpayer, be credited against any tax due or to • 7 Utility Taxes—Ch. 3.18 Rate Adjustment become due from such taxpayer hereunder, or, upon the taxpayer ceasing to do business in the city, be refunded to the taxpayer. Sec. 3.18.070. Appeal to hearing examiner. Any taxpayer aggrieved by the amount of tax, interest, or penalties determined by the finance director to be due under the provisions of this chapter may appeal such determinations to the city hearing examiner in accordance with, and subject to, the provisions set forth in Ch 2 32 KCC Taxpayers shall be required to remit the amounts determined to be due under this chapter prior to filing an appeal. Sec. 3.18.080. False returns. It is unlawful for any person, firm, or corporation subject to this chapter to fail or refuse to pay the tax when due, or for any person, firm, or corporation to make any false or fraudulent application or return or I any false statement or representation in, or in connection with such return, or to aid or abet another in any attempt to evade payment of the tax, or any part thereof, or to testify falsely upon any investigation of the correctness of a return upon the hearing of an appeal or in any manner hinder or delay the city or any of its officers in carrying out the provisions of this chapter. Sec. 3.18.090. Noncompliance — Civil penalty. Any person, firm, or corporation subject to this chapter, who fails or neglects fe€wes-to make tax returns or to pay tax who makes a false statement or representation in or in connection with a utility tax return, or who otherwise violates or refuses to comply with this chapter, is subject to a cumulative penalty in the amount of se e me hundred dollars ($75100) per day for each violation, in addition to the non-payment penalty imposed under KCC 3 18 050 All penalties imposed under this chapter thereenshall constitute a debt to the city. -aFA-The city may, at its discretion, pursuant to Ch 19 16 RCW, use a collection agency to collect taxes, interest, and penalties owed or assessed pursuant to this chapter, or the city may le-seek collectioneelleeted by court proceedings, which remedMsy shall be in addition to all other remedies 8 Utility Taxes—Ch. 3.18 . Rate Adjustment SECTION 2. — Severabilth If any one or more section, subsections, or sentences of this ordinance are 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 3. —Effective Dates This ordinance was enacted by the city council by its passage on June 3, 2003 The effective date of this ordinance will be five (5) days after publication, as provided by law, or 12 01 a m , June 13, 2003, whichever is later, PROVIDED, that pursuant to RCW 35 21 865, the utility tax rate increases affecting private telephone, gas, and electricity businesses and amending KCC 3 18 020(A)(1), (2) and (3), will not take effect until sixty (60) days after enactment of this ordinance, or 12-01 a m , Sunday, August 3, 2003 I I i JIM WHITE, MAYOR i ATTEST i i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER CITY ATTORNEY 9 Utility Taxes— Ch. 3.18 • Rate Adjustment PASSED day of June, 2003. APPROVED day of June,2003. PUBLISHED: day of June, 2003 I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P CiV&0rdimnc6W1,1nyTax Ra¢AdJunmmr dvc 10 Utility Taxes—Ch. 3.18 i Rate Adjustment Kent City Council Meeting Date June 3, 2003 Category Bids 1. SUBJECT: 2003 ASPHALT OVERLAYS 2. SUMMARY STATEMENT: The bid opening for this project was held on May 20t' with six bids received. The low bid was submitted by Western Asphalt in the amount of$195,249 45. The Engineer's estimate was $214,310.00 The Public Works Director recommends awarding this contract to Western Asphalt. 3 EXHIBITS: Bid tab 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $195,249.45 SOURCE OF FUNDS: R20103 7. CITY COUNCIL ACTION: Councilmember �_ A/ moves, Councilmember�_�_seconds that the 2003 Asphalt Overlays contract be awarded to Western Asphalt for the low bid amount of$195,249.45. DISCUSSION- ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 was„ �.o� Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 3, 2003 TO: Mayor White ar K nt City Council FROM: Don Wickstro lic Works Director SUBJECT: 2003 Asphalt Overlays SUMMARY: Bid opening for this project was held on May 20 with six bids received The lowest bid was submitted by Western Asphalt in the amount of$195,249 45 The Engineer's estimate was $214,310 00 The Public Works Director recommends awarding this contract to Western Asphalt Bid Summary Western Asphalt $195,249 45 Lakeside Industries $205,756 00 ICON Materials $207,661 00 Woodworth & Co $209,078 00 Lakendge Pax ing Co $211,917 26 Watson Asphalt Paving $232,964 00 Engineer's Estimate $214,310 00 BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact MOTION Councilmember moves, Councilmember seconds that the 2003 Asphalt Overlays contract be awarded to Western Asphalt for the low bid amount of $195,249 45 Mayor White and Kent City Council 2003 Asphalt Overlays-Award Bid June 3, 2003 1 Kent City Council Meeting Date June 3, 2003 Category Bids 1. SUBJECT: 2003 INTERSECTION IMPROVEMENTS AND ASPHALT OVERLAY 2. SUMMARY STATEMENT: The bid opening for this project was held on May 23rd with two bids received. The low bid was submitted by Westwater Construction Co. in the amount of$424,381.50. The Engineer's estimate was $380,586.60. The Public Works Director recommends awarding this contract to Westwater Construction Co. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $424,381.50 SOURCE OF FUNDS: R20102. R20055, R20103 7. CITY COUNCIL ACTION: g � Councilmember moves, Councilmember P�/WIlJ d Y� seconds that the 2003 Intersection Improvements and Asphalt Overlay contract be awarded to Westwater Construction Co. for the low bid amount of$424,381.50 DISCUSSION: ACTION: Council Agenda Item No. 8B PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K ENT Fax 253-856-6500 WASH e c*o e Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: June 3, 2 03 TO: M hi and Kent City Council FROM: Do ekstrom, Public Works Director SUBJECT: 2003 Intersection Improvements SUMMARY: Bid opening for this project was held on May 23 with two bids received The lowest bid was submitted by Westwater Construction Co in the amount of$424,381 50 The Engineer's estimate was $380,586 60 The Public Works Director recommends awarding this contract to Westwater Construction Co Bid Summary Westwater Construction Co $424,381 50 Lakendge Paving Co , LLC $447,209 30 Engineer's Estimate $380,586 60 BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact MOTION .Councilmember moves, Councilmember seconds that the 2003 Intersection Improvements contract be awarded to Westwater Construction Co for the low bid amount of$424,381 50 Mayor White and Kent City Council 2003 Intersection Improvements-Award Bid June 3,2003 1 REPORTS FROM STANDING COMMITTEES AND STAFF A COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D PUBLIC WORKS E. PLANNING COMMITTEE V/VL F. PARKS COMMITTEE W G. ADMINISTRATIVE REPORTS 1 1 IQ d�eW V;6 - C< lo-LA� bad thlL REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES MAY 69 2003 COMMITTEE MEMBERS PRESENT- Chair Rico Yingling, Leona Orr, Tim Clark STAFF PRESENT: Mike Martin, Judy Woods,Connie Epperly, Fred Satterstrom, Jim Schneider, Sue Viseth, Becky Fowler, Anh Hoang, Dea Drake, May Miller, Tom Vetsch, Robert Goehnng, Cliff Craig, Pat Fitzpatrick,John Hodgson, Marty Mulholland, Kathleen Senecaut, Brett Vinson, Jackie Bicknell PUBLIC PRESENT Deborah Ranniger, Garry Stewart, Ken Stokstad, Ron Harmon, Agda Burchard, Debbie Raplee, Larry Raplee The meeting was called to order at 4 04 P M by Chair Rico Yingling One item was added to the agenda Trader Joe's Resolution. Approval of Minutes of April 1, 2003 Committee Member Leona Orr moved to approve the minutes of April 1, 2003. The motion was seconded by Committee Member Tim Clark and passed 3-0 Approval of Vouchers Dated April 30, 2003 Tim Clark moved to approve the vouchers dated April 30, 2003. The motion was seconded by Leona Orr and passed 3-0. Trader Joe's Resolution Chief Administrative Officer Mike Martin said one of the Counciimembers had requested to bring forward a resolution to support a Kent Downtown Partnership proposal/petition to bring a Trader Joe's to the City of Kent Tim Clark expressed some concerns and asked to have the Law Department do some research on the Council's taking that kind of action. Tim Clark moved to forty and such a resolution in support of Trader Joe's to the next Operations Committee meeting. The motion was seconded by Leona Orr and passed 3-0. Final Public Access Studio Agreement Multi Media Manager Dea Drake introduced Ken Stokstad, Executive Director of Puget Sound Access Ms. Drake said the main purpose of the contract was to finalize transfer and operation of the Public Access Facility to the nonprofit, Puget Sound Access, and to close out the City of Kent's involvement in setting up a public access studio per the requirement of the Cable Franchise Agreement. i Ken Stokstad said cable casting on Channel 77 to Kent and the other member cities would begin July 1,2003. Public service announcements would be aired and three minute videos shown about the member cities. The taping of events in the member cities would start playing on the channel in the fall. She said programming would be accepted from people in the Operations Comnunee,5/6/03 2 community, subject to FCC guidelines and regulations, and a policy manual would be approved at the May Board of Directors' meeting. There will also be an open house in September to which City Council will be invited. Tim Clark moved to approve the contract between the City of Kent and Puget Sound Access as described in the paperwork. The motion itas seconded by Leona Orr and passed 3-0. Tim Clark commented that the original agreement with AT&T(who was subsequently bought out by Comeast) was a 15 year franchise that is now five years out from completion. He recommended that the Council create a Task Force to look at the implications of the ending of that franchise. Utilitv Tax Ordinance Amendment Deputy City Attorney Pat Fitzpatrick handed out an amended draft Utility Tax ordinance and went over the changes to the ordinance• • A definition for Cellular Telephone Service was added • A definition for Gross Income was added that comes from the utility tax of the RCW ■ An increase of 1.2% increase was proposed in the telephone business, gas, and electricity tax categones The increases wouldn't go into effect until 60 days after the passage of the ordinance. • An increase of 1.2% was proposed in the water, sewer, and drainage utilities The increase would go into effect five days after passage. • Modification was made to the language of how the Solid Waste Collection tax is calculated to make it similar to the language for telephone business, gas, electricity, water, sewer, and drainage. ■ If the required tax is not paid within 30 days of the date it is due, a 10%penalty would be imposed. Mr. Martin gave a Power Point presentation on the status of the 2003 Budget. Included in the presentation was a Review of the General Fund Financial Status, charts showing General Fund Revenues and General Fund Expenditures by Oblect'Program, and Position Loss Spreadsheets. (For more detailed information, refer to committee packet) The vast majority of the City's revenues come from taxes, with the three largest collections from property tax, sales tax, and utility tax. These taxes comprise about 80% of City revenues, most of which is spent on salanes and benefits. The City of Kent is at the lowest mil rate for property taxes that it's been for the last 10-12 years, and the Council,by policy,has not exercised the use of its banked property tax capacity. The Council could raise property taxes by going back and collecting the mil rate that was available in prior years, which would be worth about$1 2 million dollars in any given year. There are only two ways to fix the deficit—either with an increase in ongoing revenues by increasing taxes or a decrease in the ongoing expenditures of salaries and benefits. Fifty-two positions (6%citywide) have been lost over the last year through attntion, and forty full time employees were on the layoff list. An increase in the utility tax from 4 8%to 6%would Operations Conamttee,5/6/03 3 bring in about S477,044 in revenue in 2003 In 2004, it would bring in about $2,254,087. That amounts to about $24 a year per household and would almost exactly close the gap between revenues and expenditures. Leona Orr moved to forward to Council for consideration at its May 20t4, 2003 Council meeting the ordinance amending Chapter 3.18 of the Kent City Code to increase the utility tax on telephone, gas, electric,water, set,,er, and drainage utilities by 1.2%, and to modify the existing penalty provisions and to make other revisions to further clarify the intent of the chapter. The motion «as seconded by Tim Clark and passed 3-0. The meeting adjourned at 6.05 PM. Jackie Bicknell Council Secretary i PLANNING COMMITTEE MINUTES APRIL 15, 2003 COMMITTEE MEMBERS PRESENT. Chair Leona Orr, Bruce White,Judy Woods, sitting in for Tim Clark STAFF PRESENT. Fred Satterstrom, Charlene Anderson, Pat Fitzpatrick, Jackie Bicknell PUBLIC PRESENT: Michael Hubner, Tom Sharp The meeting was called to order at 3:00 P.M by Chair Leona Orr. Approval of Minutes of March 18, 2003 Committee Member Bruce White moved to approve the minutes of the March 18, 2003 meeting. The motion was seconded by substitute Committee Member Judy Woods and passed 3-0. Comprehensive Plan Grant -Scope of Work Res ision Planning Manager Charlene Anderson said the City of Kent was awarded a grant totaling S57,500 in March, 2002, from the State Office of Community Development for work on the mandated Growth Management Act updates. The Transportation Element of the Comprehensive Plan will not be completed by the May deadline, but the Scope of Work will be allocated back to the Critical Areas Ordinance of which a draft form will be done by the May deadline. . Judy Woods mo-*ed to recommend that Council authorize the Mayor to sign the contract amendment for the revised GMA Grant Scope of Work. The motion was seconded by Bruce White and passed 3-0. Urban Growth Area 10 Year Update Charlene Anderson explained that every 10 years the Growth Management Act requires that the county, and the cities within the county, take a look at the Urban Growth Area. If enough capacity isn't found within the currently designated Urban Growth Area to accommodate the household, population, and Job targets,then something has to be done to accommodate those targets. Suburban Cities Planner Michael Hubner presented a revised version of the Power Point Presentation, Ten Year Review of the Urban Growth Area, that had first been presented to the King County Growth Management Planning Council on March 26, 2003. Findings from the UGA review was a recommendation for further action by the GMPC (Presentation information is available in the Planning Committee packet) Countywide Plannine Policies Amendments— Growth Management Plannine Council Motions Charlene Anderson explained the seven motions for amendments for the Countywide Planning Policies. (The complete motions are included in the Planning Committee packet.) Ms.Anderson said the King County Council will officially adopt the policies sometime after May and will then send them out for ratification. The most significant and controversial motion is to take the Planning Committee,4115103 2 Agricultural Production District out of the Urban Growth Area, make it rural and not allow its annexation by Kent. The APD does not include all of the area south of the river, and portions will still remain in the PAA The issue for the City is that if agricultural lands are designated, there must also be either a Purchase or Transfer of Development Rights Program established. In response to Judy Woods' question about the consideration of Job loss, Michael Hubner said the most recent PSRC forecasts do incorporate an assumption based on the recent recession, however those weren't used due to the staging of when the work was done. He said he would provide a comparison with the most recent forecast. Reeulatory Review Process Community Development Director Fred Satterstrom said that Councilmember Bruce White had approached staff through Administration about trying to create a mechanism for the public to have an audience with the Council concerning development regulations in situations where the regulations or zoning code requirements may get in the way of proposed development. The development community has to abide by regulations adopted by the Council in order to develop property in the City of Kent, and those regulations are very dynamic and changing over time because the goals,policies, and objectives of the Council change About four years ago,a fee of 51,500 was established which was based on the amount of staff time involved in the normal processing of a code amendment, the environmental review, and state notification requirements Bruce White commented that he was looking at the issue from the potential of being more business friendly in the City. Reducing the fee would allow more people to try and make the changes they want Leona Orr said she would be willing to take a look at adjusting the fee to be more reasonable if more people could take advantage of it or if it would encourage business in a way that would help the City overall She requested an estimate of the time and costs involved and information on the kinds of requests that had come in the past to see if certain things were recurring If that was the case, something could be put in place to bring an issue back to Council so adjustments could be made Fred Satterstrom said he would bring back a synopsis of"bat the experience had been with past applications. The meeting adjourned at 3 54 PM Jackie Bicknell Council Secretary I PUBLIC WORKS COMMITTEE MINUTES MAY 59 2003 CONIN11TTEE MEMBERS PRESENT. Chair Tim Clark, Rico Yingling STAFF PRESENT Don Wickstrom, Mike Martin, Lary Blanchard, Pat Fitzgerald, Gary Gill, Ed Crawford, Jackie Bicknell The meeting was called to order at 5.30 P M. by Chair Tim Clark Two items were added to the agenda- Emergency Response Power Outages at Signalized/Major Intersections, and Transportation Improvement Board (TIB)Grant Agreement. Approval of Minutes of April 21, 2003 Committee Member Rico Yingling moved to approve the minutes for the April 21, 2003 meeting. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he had received Committee Member Julie Peterson's concurrence. Transit Transportation Improvement Agreement—Second Amendment Chief Administrative Officer Mike Martin said the City has a Memorandum of Understanding with Sound Transit that resolves the conflicts with that agency The improvements that remain to be built have been identified and the costs for those improvements split with Sound Transit. Rico Yingling moved to recommend that the Council authorize the Mayor to sign the Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated that he had received Julie Peterson's concurrence on the motion. Construction and Maintenance Agreement %ith BNSF—Authorize Public Works Director Don Wickstrom said the City has assumed construction of the balance of Sound Transit's transportation improvements associated with the Commuter Rail Station Project, and the left turn pocket on Smith Street at Railroad Avenue involves reworking the BNSF railroad crossing, along with obtaining additional road right of ways. Upon the execution of the agreement, the Railroad will grant the City necessary additional road rights over their operating right of way, and will complete the crossing protection system work associated with the improvement. Rico Yingling moved to recommend that Council authorize the Mayor to sign the Construction Maintenance Agreement with BNSF to widen Smith Street The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he had received Julie Peterson's concurrence. • Public Works Committee,5/5/03 2 Street Vacation—South 259tt' Place—Set Hearine Date Don Wickstrom said a valid petition to vacate a portion of South 2591h Place had been received. By law a public hearing must be held, and the Public Works Department is requesting that a date be set for the hearing. Rico Yingling moved to recommend that Council adopt a resolution setting a public hearing date of July I" for the street vacation located along a portion of Southeast 259'h Place. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he bad received Julie Peterson's concurrence. Emereencv Response Power Outaees at Sienalized/1•laior Intersections Tim Clark stated he had brought this item forward because of a concern about the ability to manage traffic/intersection control during regional or widespread emergencies He questioned the do-ability of training for Public Works personnel in such emergencies Public Works Operations Manager Larry Blanchard said staff looks at the intensity of an event. In the case of the last earthquake,there were multiple power outages throughout the City, but personnel was also covering other areas of emergency such as ensuring a supply of high quality water and that no backups were occurring on the wastewater pumping stations. They also fielded outside telephone calls. Staff was able to respond to priority locations with 15 teams within 15 minutes of the event occurring. All of the Public Works field staff are certified as flaggers and could flag at any intersection, but their use would depend upon the pnonty of other problems. There are 108 signals throughout the City with about half of them at major artenals Public Works has about 60-70 field personnel that could respond, but each intersection would require at least two people, and it would take 100 people to cover just half of the intersections Mr Blanchard said that the major intersection hotspots had not been identified. Tim Clark moved to direct Administration to take a proactive position in the management of traffic during regional or widespread emergencies within the City. The motion was seconded by Rico Yingling and passed 2-0. Transportation Improvement Board (TIB) Grant Agreement Don Wickstrom said the TIB had authorized the construction phase of the Central Avenue North/George Street to Smith Street Project The Mayor previously had signed the Design Agreement for the project. This agreement authorizes the construction phase, which is to widen James Street at the Central Avenue intersection by adding a second left turn lane southbound on Central Avenue and a dedicated right turn lane westbound on James Street, replace the pavement and subgrade on the westerly two lanes of Central Avenue between Smith Street and James Street, and overlay the entire project Rico Yingling recommended that Council authorize the Mayor to sign the TIB Grant Agreement, and authorize staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. The motion was seconded by Tim Clark and passed 2-0. Public Works Committee,5/5/03 3 Don Wickstrom noted that the consultant on Auburn's portion of the 272"d Street Project,who was also the bndge design consultant on Kent's part of the 272"d Project, had submitted the project to the American Public Works Association's (APWA) award program. The City received notice today that the project had been honored and had made the award list for the complexity of putting a multi Junsdmctional project together and getting it implemented. The meeting adjoumed at 5:55 PM. Jackie Bicknell City Council Secretary 0 0 CONTINUED COMMUNICATIONS EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION A) •